[Federal Register: October 30, 2007 (Volume 72, Number 209)]
[Notices]
[Page 61413-61416]
[DOCID:fr30oc07-76]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56695; File No. SR-NYSEArca-2007-111]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of a Proposed Rule Change
Relating to the Listing and Trading of Shares of the
HealthSharesTM Ophthalmology Exchange-Traded Fund

October 24, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 19, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared substantially by the Exchange
(``Exchange Proposal''). This order provides notice of the proposed
rule change and approves the proposed rule change on an accelerated
basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the
HealthSharesTM Ophthalmology Exchange-Traded Fund (the
``Fund'').\3\ The text of the proposal is available at the Exchange,
the Commission's Public Reference Room, and http://www.nyse.com.

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    \3\ The Fund is registered under the Investment Company Act of
1940 (the ``1940 Act'').
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below, and the most significant aspects of such statements are
set forth in Sections A, B, and C below.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to list and trade the shares of the Fund (the
``Shares''), which is based on the HealthSharesTM
Ophthalmology Index (the ``Underlying Index''), under NYSE Arca
Equities Rule 5.2(j)(3). NYSE Arca Equities Rule 5.2(j)(3) states that
the Exchange may consider for trading, whether by listing or pursuant
to unlisted trading privileges (``UTP''), Investment Company Units.\4\
The Fund is currently listed on the New York Stock Exchange LLC
(``NYSE'') and trades on NYSE Arca pursuant to UTP.\5\ HealthShares,
Inc. (the ``Corporation'') has determined to transfer the listing of
the Fund Shares to the Exchange.\6\
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    \4\ NYSE Arca Equities Rule 5.2(j)(3) defines an Investment
Company Unit as a security that represents an interest in a
registered investment company that could be organized as a unit
investment trust, an open-end management investment company, or a
similar entity.
    \5\ The Exchange states that the Fund Shares were listed on NYSE
on March 12, 2007 pursuant to the ``generic'' listing criteria
contained in Section 703.16(C) of the NYSE Listed Company Manual,
which permits the listing of Investment Company Units pursuant to
Rule 19b-4(e) under the Act (17 CFR 240.19b-4(e)). NYSE Arca further
represents that the Fund Shares commenced trading on the Exchange
pursuant to UTP under the generic listing criteria contained in NYSE
Arca Equities Rule 5.2(j)(3) applicable to Investment Company Units
and Rule 19b-4(e) under the Act on the first day the Fund Shares
launched for trading on NYSE. E-mail from Tim Malinowski, Director,
Exchange Traded Funds, NYSE Group, Inc., to Edward Cho, Special
Counsel, Division of Market Regulation, Commission, dated October
23, 2007 (``Exchange Confirmation'').
    \6\ The Exchange represents that, except for Commentary
.01(B)(2) to NYSE Arca Equities Rule 5.2(j)(3), the Fund Shares
currently satisfy all of the generic listing standards under NYSE
Arca Equities Rule 5.2(j)(3). See Exchange Confirmation. Commentary
.01(B)(2) to NYSE Arca Equities Rule 5.2(j)(3) requires that
component stocks that, in the aggregate, account for at least 90% of
the weight of the Underlying Index or portfolio, must each have a
minimum worldwide trading volume during each of the last six months
of at least 250,000 shares. The Exchange states that, as of October
1, 2007, those component stocks comprising the Underlying Index that
individually exceed the minimum worldwide monthly trading volume of
250,000 shares during each of the last six months account, in the
aggregate, for only 88.2 % of the weight of the Underlying Index
(i.e., 1.8% below the required 90% requirement). Therefore, NYSE
Arca has filed the instant proposed rule change to obtain Commission
approval to list and trade the Shares on the Exchange pursuant to
Section 19(b)(2) of the Act (15 U.S.C. 78s(b)(1)) and Rule 19b-4
thereunder (17 CFR 240.19b-4). The Exchange further represents that
the continued listing standards under NYSE Arca Equities Rule
5.5(g)(2) applicable to Investment Company Units shall apply to the
Fund Shares. See Exchange Confirmation.
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    The Fund, which can invest in both U.S. securities and non-U.S.
securities not listed on a national securities exchange, seeks to track
the performance, before fees and expenses, of the Underlying Index.
XShares Advisors, LLC, the investment adviser to the Fund
(``Advisor''), uses a passive, or indexing, approach in managing the
Fund, investing at least 90% of its assets in the common stocks of
Ophthalmology companies in the Underlying Index, or in American
Depositary Receipts (``ADRs'') or Global Depositary Receipts (``GDRs'')
based on securities of international Ophthalmology companies in the
Underlying Index. The Fund may also invest up to 10% of its assets in
futures contracts, options on futures contracts, options, swaps on
securities of companies in the Underlying Index, as well as cash and
cash equivalents, such as money market instruments (subject to
applicable limitations of the 1940 Act). The Fund attempts to replicate
the Underlying Index by matching the weighting of securities in its
portfolio with such securities' weightings in the Underlying Index.\7\
In managing the Fund, the Advisor seeks a correlation of 0.95 or better
between the Fund's performance and the performance of its Underlying
Index. A figure of 1.00 would mean perfect correlation.
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    \7\ The Exchange states that, from time to time, it may not be
possible, for regulatory or other legal reasons, to replicate the
Underlying Index, and in such cases, the Advisor may pursue a
sampling strategy in managing the portfolio. Pursuant to this
strategy, the Fund may invest the remainder of its assets in
securities of companies not included in the Underlying Index if the
Advisor believes that such securities will assist the Fund in
tracking the Underlying Index. If a Fund pursues a sampling
strategy, it will continue to invest at least 90% of its assets in
the common stocks, ADRs, or GDRs of the companies in the Underlying
Index.
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    Detailed descriptions of the Fund, the Underlying Index (including
the methodology used to determine the composition of the Underlying
Index), procedures and payment requirements for creating and redeeming
Shares,

transaction fees and expenses, dividends, distributions, taxes, reports
to be distributed to beneficial owners of the Shares, availability of
information regarding the Shares, calculation and dissemination of key
values (i.e., Intraday Indicative Value, Underlying Index value, and
net asset value or ``NAV''), trading rules and halts, surveillance, and
the Information Bulletin can be found in the Exchange Proposal, the
Corporation's Internet Web site (http://www.healthsharesinc.com), and/or in

the Fund's Registration Statement,\8\ as applicable.
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    \8\ See Registration Statement on Form N-1A, filed February 14,
2006 (Securities Act File No. 333-131842 and Investment Company File
No. 811-21855), and amendments thereto filed with the Commission.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\9\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\10\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited for nor received any written
comments on the proposed rule change.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2007-111 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2007-111. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2007-111 and should
be submitted on or before November 20, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\11\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\12\ which
requires that the rules of an exchange be designed, among other things,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \11\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
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    Although NYSE Arca Equities Rule 5.2(j)(3) permits the Exchange to
either originally list and trade Investment Company Units or trade
Investment Company Units pursuant to UTP, the Shares do not meet the
generic listing requirements of NYSE Arca Equities Rule 5.2(j)(3),
which permit the listing and trading of such securities in reliance
upon Rule 19b-4(e) under the Act,\13\ because the components of the
Underlying Index do not meet the requirements of Commentary .01(B)(2)
to NYSE Arca Equities Rule 5.2(j)(3).\14\ Commentary .01(B)(2) to NYSE
Arca Equities Rule 5.2(j)(3) requires that, upon the initial listing of
any series of Investment Company Units pursuant to Rule 19b-4(e) under
the Act, component stocks that, in the aggregate, account for at least
90% of the weight of the Underlying Index or portfolio, must each have
a minimum worldwide trading volume during each of the last six months
of at least 250,000 shares. The Exchange states that, as of October 1,
2007, those component stocks comprising the Underlying Index that
individually exceed the minimum worldwide monthly trading volume of
250,000 shares during each of the last six months account, in the
aggregate, for only 88.2 % of the weight of the Underlying Index.
Because such percentage misses the minimum required threshold by
approximately 1.8%, the Shares cannot be listed and traded pursuant to
the generic listing standards of NYSE Arca Equities Rule 5.2(j)(3).
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    \13\ 17 CFR 240.19b-4(e).
    \14\ See supra note 6.
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    The Commission believes, however, that the listing and trading of
the Shares would be consistent with the Act. The Commission notes that,
based on the Exchange's representations, the Fund Shares otherwise meet
all of the other applicable generic listing standards under NYSE Arca
Equities Rule 5.2(j)(3).\15\ The Commission further notes that it has
previously approved the listing and trading of derivative securities
products based on indices that were composed of stocks that did not
meet certain quantitative generic listing criteria by only a slight
margin.\16\

The Commission also notes that the Fund Shares are currently already
trading on the Exchange pursuant to UTP and are substantially similar
in structure and operation to other shares of HealthSharesTM
exchange-traded funds, the shares of which are currently listed and
traded on the Exchange.\17\
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    \15\ See id.
    \16\ See Securities Exchange Act Release Nos. 55953 (June 25,
2007), 72 FR 36084 (July 2, 2007) (SR-NYSE-2007-46) (approving the
listing and trading of shares of the HealthSharesTM
Orthopedic Repair exchange-traded fund where the component stocks
comprising the index that individually exceeded the minimum
worldwide monthly trading volume of 250,000 shares during each of
the last six months accounted, in the aggregate, for 86.2 % of the
weight of the index); 55699 (May 3, 2007), 72 FR 26435 (May 9, 2007)
(SR-NYSEArca-2007-27) (approving the listing and trading of shares
of the iShares FTSE NAREIT Residential Index Fund where the
weighting of the five highest components of the underlying index was
marginally higher than that allowed by NYSE Arca, Inc.'s relevant
generic listing standards); and 52826 (November 22, 2005), 70 FR
71874 (November 30, 2005) (SR-NYSEArca-2005-67) (approving the
listing and trading of shares of the iShares Dow Jones U.S. Energy
Sector Index Fund and the iShares Dow Jones U.S. Telecommunications
Sector Index Fund where the weightings of the most heavily weighted
component stock and the five highest components of the underlying
indexes, respectively, were higher than that required by NYSE Arca,
Inc.'s relevant generic listing standards). See also Securities
Exchange Act Release No. 46306 (August 2, 2002), 67 FR 51916 (August
9, 2002) (SR-NYSE-2002-28) (approving the trading pursuant to
unlisted trading priveleges of shares of Vanguard Total Stock Market
VIPERs, iShares Russell 2000 Index Funds, iShares Russell 2000 Value
Index Funds, and iShares Russell 2000 Growth Funds, none of which
met the trading volume requirement of the relevant generic listing
criteria for NYSE).
    \17\ See Exchange Confirmation, supra note 5 (noting that the
shares of other HealthSharesTM exchange-traded funds are
listed and traded on the Exchange pursuant to Rule 19b-4(e) under
the Act because they meet the generic listing standards under NYSE
Arca Equities Rule 5.2(j)(3)). See 17 CFR 240.19b-4(e).
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    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\18\ which sets forth
Congress' finding that it is in the public interest and appropriate for
the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Quotations and last-sale information for the Shares will be
disseminated through the facilities of the Consolidated Tape
Association (``CT'').\19\ In addition, the Exchange will disseminate
through CT or a major market data vendor an amount per Share referred
to as the Intraday Indicative Value at least every 15 seconds during
Exchange trading hours.\20\ The value of the Underlying Index will be
updated intra-day on a real time basis as individual component
securities change in price and will be disseminated at least every 15
seconds during the Exchange's Core Trading Session by one or more major
market data vendors.\21\ In addition, the value of the Underlying Index
will be disseminated by one or more major market data vendors once each
trading day based on closing prices in the relevant exchange market.
The NAV for the Fund is calculated by BNY Asset Management between 4:30
p.m. and 6:30 p.m. ET each trading day and disseminates such value to
all market participants at the same time. The updated NAV is available
on the Corporation's Web site at the same time that the NAV is made
available to market participants. The Corporation's Web site also
includes: (1) The Fund's Prospectus and Statement of Additional
Information; (2) information regarding the Underlying Index; (3) the
prior business day's NAV; (4) the mid-point of the bid-ask spread at
the time of calculation of the NAV (the ``Bid/Ask Price''); (5) a
calculation of the premium or discount the Bid/Ask Price at the time of
calculation of the NAV against such NAV; (6) the component securities
of the Underlying Index; (7) and a description of the methodologies
used in determining the composition of the Underlying Index and certain
computations. Finally, the closing prices of the Fund's Deposit
Securities \22\ are readily available from, as applicable, the relevant
exchange, automated quotation systems, published or other public
sources, or on-line information services that are major market data
vendors. Similarly, information regarding market prices and volume of
the Shares is broadly available on a real-time basis throughout the
trading day.
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    \18\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \19\ See Exchange Confirmation, supra note 5 (confirming the
information regarding the Shares to be disseminated through CT).
    \20\ See NYSE Arca Equities Rule 7.34 (providing for an Opening,
Core, and Late Trading Session, from 4:00 a.m. to 8:00 p.m. Eastern
Time or ``ET'').
    \21\ The Exchange states that the official index sponsors for
the Underlying Index currently do not calculate an updated
Underlying Index value during the Exchange's Opening and Late
Trading Sessions. See Exchange Confirmation, supra note 5
(confirming when the updated value of the Underlying Index is
calculated and disseminated). However, if the index sponsors do so
in the future, the Exchange represents that it would not trade this
product unless such official Underlying Index value is widely
disseminated.
    \22\ ``Deposit Securities'' is defined as the basket of stocks
that are part of the Fund's Underlying Index and deposited with the
Corporation by participants for purposes of purchasing a group of a
fixed number of Shares, also known as a ``Creation Unit.''
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    The Commission finds that the Exchange's proposed rules and
procedures for trading of the Shares are consistent with the Act. The
Shares will trade as equity securities, thus rendering trading in the
Shares subject to the Exchange's existing rules governing the trading
of equity securities. The Commission notes that trading of the Shares
may be halted and/or the Shares may be delisted based on circumstances
set forth under NYSE Arca Equities Rule 5.5(g)(2).\23\ In particular,
if the Intraday Indicative Value or the value of the Underlying Index
is not being disseminated as required, the Exchange may halt trading
during the day in which the interruption to the dissemination of such
values occurs; if the interruption to the dissemination of any such
value persists past the trading day in which it first occurred, the
Exchange will halt trading of the Shares. In addition, the Exchange
states that it will cease trading the Shares based on NYSE Arca
Equities Rule 7.12 (Trading Halts Due to Extraordinary Market
Volatility) and may consider other relevant factors in exercising its
discretion to halt or suspend trading in the Shares of the Fund because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. Some of these factors may
include (1) the extent to which trading is not occurring in the
securities comprising the Underlying Index and/or the financial
instruments of the Fund, or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present. Trading in the Shares may also be halted pursuant
to the Exchange's ``circuit breaker'' rule \24\ or by the halt or
suspension of trading of the securities comprising the Underlying
Index.
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    \23\ See supra note 6.
    \24\ See NYSE Arca Equities Rule 7.12.
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    In support of this proposal, the Exchange has made the following
representations:
    (1) The Exchange has appropriate rules to facilitate transactions
in the Shares during all three trading sessions (Opening, Core, and
Late Trading Sessions, from 4 a.m. to 8 p.m. ET).\25\
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    \25\ See supra note 20.
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    (2) The Exchange would utilize its existing surveillance procedures
applicable to equity securities to monitor trading of the Shares of the
Fund. Surveillance procedures applicable to trading of the Shares are
comparable to those applicable to other Investment Company Units
currently trading on the Exchange. The Exchange represents that such
surveillance procedures are adequate to properly monitor the trading of
the Fund Shares. The Exchange's current trading surveillance focuses on
detecting securities trading outside their normal patterns. When such
situations are detected, surveillance analysis follows, and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant

trading violations. The Exchange may also obtain trading information
via the Intermarket Surveillance Group (``ISG'') from other exchanges
who are members or affiliate members of ISG.\26\
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    \26\ The Exchange notes that one or more of the underlying
securities may trade on exchanges that are not members or affiliate
members of ISG, and the Exchange may not have in place comprehensive
surveillance sharing agreements with such exchanges.
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    (3) Standard and Poor's, which acts as the ``Index Administrator''
and is responsible for maintaining the Underlying Index, is neither a
registered broker-dealer nor an ``affiliated person,'' as defined in
Section 2(a)(3) of the 1940 Act, \27\ or an affiliated person of the
Fund, Advisor, Sub-Advisor,\28\ Distributor,\29\ or the Corporation. In
addition, the Distributor is not an affiliated person of the Advisor,
the Sub-Advisor, the Fund, or the Corporation.\30\
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    \27\ See 15 U.S.C. 80a-2(a)(3).
    \28\ BNY Investment Advisors acts as the ``Sub-Advisor'' to the
Fund.
    \29\ ALPS Distributors, Inc. is a registered broker-dealer and
acts as the ``Distributor'' and underwriter of the Creation Units.
    \30\ See NYSE Arca Equities Rule 5.2(j)(3), Commentary .01(b)(1)
(providing for restrictions to access of information concerning
changes and adjustments to an index and requirements designed to
prevent the use and dissemination of material, non-public
information regarding the applicable index, among others).
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    (4) Prior to the commencement of trading, the Exchange will inform
its ETP Holders \31\ in an Information Bulletin (``Bulletin'') of the
special characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Unit
aggregations; (2) NYSE Arca Equities Rule 9.2(a),\32\ which imposes a
duty of due diligence on ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (3) the risks
involved in trading the Shares during the Opening and Late Trading
Sessions when an updated Intraday Indicative Value and Underlying Index
value will not be calculated or publicly disseminated; (4) how
information regarding the Intraday Indicative Value is disseminated;
(5) the requirement that ETP Holders deliver a Prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; and (6) trading information. In
addition, the Bulletin will reference that the Fund is subject to
various fees and expenses described in the Registration Statement,\33\
discuss any exemptive, no-action, and/or interpretive relief granted by
the Commission from any rules under the Act, and disclose that the NAV
for the Shares will be calculated after 4 p.m. ET each trading day.
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    \31\ The Exchange defines an ``ETP Holder'' as a sole
proprietorship, partnership, corporation, limited liability company,
or other organization in good standing that has been issued an
Equity Trading Permit or ``ETP'' by NYSE Arca Equities for effecting
approved securities transactions on NYSE Arca Equities' trading
facilities. An ETP Holder must be a registered broker or dealer
pursuant to Section 15 of the Act (15 U.S.C. 78o).
    \32\ NYSE Arca Equities Rule 9.2(a) provides that an ETP Holder,
before recommending a transaction, must have reasonable grounds to
believe that the recommendation is suitable for the customer based
on any facts disclosed by the customer as to his or her other
security holdings and as to his or her financial situation and
needs. Further, the rule provides, with a limited exception, that
prior to the execution of a transaction recommended to a non-
institutional customer, the ETP Holder shall make reasonable efforts
to obtain information concerning the customer's financial status,
tax status, investment objectives, and any other information that
they believe would be useful to make a recommendation.
    \33\ See supra note 8.
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    This order is based on the Exchange's representations.
    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. As referenced above, the Commission notes that the
Fund Shares are currently trading on the Exchange pursuant to UTP \34\
and are substantially similar in structure, operation, and function to
the shares of other HealthShares\TM\ exchange-traded funds, the shares
of which are currently listed and trading on the Exchange pursuant to
Rule 19b-4(e) under the Act.\35\ In addition, the Commission notes that
it has previously approved the listing and trading of derivative
securities products based on indices that were composed of stocks that
did not meet certain quantitative generic listing criteria by similar
amounts.\36\ Although the Fund Shares do not meet the initial listing
requirement of Commentary .01 to NYSE Arca Equities Rule 5.2(j)(3) and
therefore cannot be listed pursuant to Rule 19b-4(e),\37\ the
Commission believes that the Shares are substantially similar to the
other HealthShares\TM\ trading on the Exchange and notes that the
Shares would otherwise comply with all other generic listing
requirements under NYSE Arca Equities Rule 5.2(j)(3).\38\ The
Commission also notes that the continued listing standards under NYSE
Arca Equities Rule 5.5(g)(2) applicable to Investment Company Units
would apply to the Fund Shares. The listing and trading of the Shares
do not appear to present any new or significant regulatory concerns.
Therefore, the Commission believes that accelerating approval of this
proposal would allow the Shares to trade on the Exchange without undue
delay and should generate additional competition in the market for such
products.
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    \34\ See supra note 5.
    \35\ See supra note 17.
    \36\ See supra note 16.
    \37\ See supra note 6.
    \38\ See id.
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\39\ that the proposed rule change (SR-NYSEArca-2007-111) be, and
it hereby is, approved on an accelerated basis.
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    \39\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\40\
Nancy M. Morris,
Secretary.
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    \40\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E7-21276 Filed 10-29-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Page 30202]
[FR Doc No: C1-2016-10027]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 173, and 178

[Docket No. PHMSA-2015-0271 (HM-261)]
RIN 2137-AF15

Hazardous Materials: Incorporation by Reference Edition Update
for the American Society of Mechanical Engineers Boiler and Pressure
Vessel Code and Transportation Systems for Liquids and Slurries:
Pressure Piping Code

Correction

    In rule document 2016-10027 appearing on pages 25613-25618 in the
issue of Friday, April 29, 2016, make the following correction:
    On page 25614, in the first column, in the ``DATES:'' section,
beginning on the 14th line, ``[insert date 60 days after publication in
the Federal Register]'' should read ``June 28, 2016''.
[FR Doc. C1-2016-10027 Filed 5-13-16; 8:45 am]
 BILLING CODE 1505-01-D


[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5008-5010]
[FR Doc No: 2023-01553]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-2174]

Oncologic Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Oncologic Drugs Advisory
Committee. The general function of the committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held virtually on March 9, 2023, from 12
p.m. to 5 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. Answers to commonly
asked questions about FDA advisory committee meetings may be accessed
at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2022-N-2174. Please note that late, untimely
filed comments will not be considered. The docket will close on March
8, 2023. The https://www.regulations.gov electronic filing system will
accept comments until 11:59 p.m. Eastern Time at the end of March 8,
2023. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are received on or
before that date.
    Comments received on or before February 24, 2023, will be provided
to the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-N-2174for ``Oncologic Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Yvette Waples, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 240-
402-5343, email: [email protected], or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before the
meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The committee
will discuss supplemental biologics license application (BLA) 761121/S-
008, for POLIVY (polatuzumab vedotin-piiq) for injection, submitted by
Genentech, Inc. The proposed indication (use) for this product is in
combination with a rituximab product, cyclophosphamide, doxorubicin,
and prednisone for the treatment of adult patients with previously
untreated diffuse large B-cell lymphoma (DLBCL). This product was
approved under 21 CFR 601.41 (subpart E, accelerated approval
regulations) for use in combination with bendamustine and a rituximab
product for the

treatment of adult patients with relapsed or refractory DLBCL, not
otherwise specified, after at least two prior therapies. Confirmatory
studies are post-marketing studies to verify and describe the clinical
benefit of a product after it receives accelerated approval. The new
proposed indication is based on the confirmatory study, POLARIX (Study
GO39942), conducted to fulfill post-marketing requirement 3630-1
detailed in the June 10, 2019, approval letter, available at https://www.accessdata.fda.gov/drugsatfda_docs/appletter/2019/761121Orig1s000ltr.pdf. Based on the results of the POLARIX study, the
committee will discuss the benefit-risk profile of POLIVY in patients
with previously untreated DLBCL.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before February 24, 2023, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 3:15 p.m. to 4:15 p.m. Eastern Time. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before February 14, 2023.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by February 15, 2023.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Yvette Waples (see FOR FURTHER INFORMATION CONTACT) at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: January 23, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-01553 Filed 1-25-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Rules and Regulations]
[Pages 4891-4895]
[FR Doc No: 2012-1307]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 1b, 2, 3a, 4, 5, 11, 12, 131, 157, 284, 376, 380, and
385

[Docket No. RM11-30-000; Order No. 756]

Technical Corrections to Commission Regulations

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is issuing this Final Rule to make minor
changes to its regulations. This Final Rule revises a number of
references that have become outdated for various reasons or contain
typographical errors. Generally, these changes add or delete language
in the current regulations by eliminating obsolete information,
incorporating reference to updated electronic filing options,
modernizing language, and correcting incorrect citations and clerical
mistakes. The revisions are intended to be ministerial and/or
informational in nature.

DATES: Effective Date: The rule will become effective February 1, 2012.

FOR FURTHER INFORMATION CONTACT: Kenneth Yu, Office of the General
Counsel, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

    Before Commissioners: Jon Wellinghoff, Chairman; Philip D.
Moeller, John R. Norris, and Cheryl A. LaFleur.

    Issued January 19, 2012.

I. Introduction

    1. The Commission is issuing this Final Rule to make minor changes
to its regulations. This Final Rule revises a number of references that
have become outdated for various reasons or contain typographical
errors. Generally, these changes add or delete language in the current
regulations by eliminating obsolete information, incorporating
reference to updated electronic filing options, modernizing language,
and correcting incorrect citations and clerical mistakes. The revisions
are intended to be ministerial and/or informational in nature.

II. Discussion

A. Minor Revisions To Correct References and Outdated Nomenclature

    2. In Part 3a of Title 18 of the Code of Federal Regulations, this
Final Rule corrects references, where appropriate, to the ``FPC'' and
the ``Federal Power Commission'' (the predecessor to the Federal Energy
Regulatory Commission) to read ``FERC'' or ``Federal Energy Regulatory
Commission.'' Additionally, the Commission's contact information is
updated and corrected in Part 380.
    3. In Parts 2, 3a, 4, 12, and 284, references to outdated titles,
positions, and technologies are revised.
    4. In Parts 1b, 2, 4, 5, 131, 157, 284, 376, and 380, multiple
outdated and incorrect references to Commission regulations,
guidelines, the Federal Register, and Federal statutes are removed or
corrected.

B. Corrections to Grammatical, Typesetting, and Typographical Mistakes

    5. In Parts 1b, 2, 4, 157, 380, and 385, this Final Rule corrects
grammatical, typesetting, and typographical mistakes in the
Commission's regulations to improve the clarity and accuracy of the
regulations.

C. Renumbering of Disjointed Section Numbering

    6. As a result of the deletions and corrections made to references
to the Commission's regulations in this and previous rulemakings, the
ordering and numbering of regulations in Part 5 are disjointed. This
Final Rule corrects this problem.

D. Minor Revisions By Referencing to Web site Language

    7. Part 11 of the Commission's regulations pertain to annual
charges. In Sec.  11.2(b), reference is made to the outdated fee
schedule for FY 2010. Therefore, in order to reference the most current
fee schedule, the Final Rule removes outdated language from the
regulations and replaces it with reference to the current language
provided on the Commission's Web site.

III. Information Collection Statement

    8. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\1\ This Final Rule contains no new information collections and
makes no changes to existing information collections that would require
a formal OMB review.\2\ Therefore, the Commission will submit this
Final Rule to OMB for informational purposes only.
---------------------------------------------------------------------------

    \1\ See 5 CFR 1320.12.
    \2\ Two changes to Commission regulations are made to conform
them to current Commission practice. First, the rule removes 18 CFR
4.34(b)(5)(iv) concerning new requests for water quality
certification if an application to amend an existing license or an
application to amend a pending application for a license would have
a material adverse impact on the water quality in the discharge from
the project or proposed project. The Commission has not enforced the
information collection requirement in Sec.  4.34(b)(5)(iv) for many
years based on current practice and court precedent (Alabama Rivers
Alliance v. FERC, 325 F.3d 290 (DC Cir. 2003)). Second, the
modification to Sec.  284.270 reflects current practice for
submitting the required documentation since the telegraph is no
longer used. Therefore, the changes to the regulations are being
made to reflect current practice.
---------------------------------------------------------------------------

IV. Environmental Analysis

    9. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\3\ Excluded
from this requirement are rules that are clarifying, corrective, or
procedural or that do not substantially change the effect of the
regulations being amended.\4\ Because this Final Rule only eliminates
obsolete information, incorporates updated electronic filing options,
clarifies ambiguous language, and corrects clerical and citation
references, it is not an action that has a significant adverse effect
on the human environment under the Commission's regulations
implementing the National Environmental Policy Act of 1969. This rule
is procedural in nature and therefore falls within this exception;
consequently, no environmental consideration is necessary.
---------------------------------------------------------------------------

    \3\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47,897 (Dec. 17, 1987), FERC
Stats. & Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \4\ See 18 CFR 380.4(a)(2).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act Certification

    10. The Regulatory Flexibility Act of 1980 (RFA) \5\ generally
requires a description and analysis of rules that will have significant
economic impact on a substantial number of small entities. Because this
Final Rule only provides clarification and corrects the Commission's
regulations, the Commission does not anticipate that it will have an
impact on any small entities. Therefore, the Commission certifies that
this Final Rule will not have significant economic impact on a
substantial number of small entities.
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

VI. Document Availability

    11. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Web site (http://www.ferc.gov) and in
the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. Eastern Standard Time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
    12. From the Commission's homepage on the Internet, this
information is available in the Commission's document management
system, eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    13. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC Online Support at 1-
866-208-3676 (toll free) or<PHONE_NUMBER> (email at
ferconlinesupport@ferc.gov), or the Public Reference Room at 202-502-
8371, TTY<PHONE_NUMBER> (email at public.referenceroom@ferc.gov).

VII. Effective Date and Congressional Notification

    14. These regulations are effective on the date of issuance. In
accordance with 5 U.S.C. 553(d)(3), the Commission finds that good
cause exists to make this Final Rule effective immediately. It makes
minor revisions with respect to matters of internal operations and is
unlikely to affect the rights of persons appearing before the
Commission. There is therefore no reason to make this rule effective at
a later time.
    15. The provisions of 5 U.S.C. 801 regarding Congressional review
of final rules do not apply to this Final Rule because this Final Rule
concerns agency procedure and practice and will not substantially
affect the rights of non-agency parties.
    16. The Commission is issuing this Final Rule without a period for
public comment. Under 5 U.S.C. 553(b), notice and comment procedures
are unnecessary where a rulemaking concerns only agency procedure and
practice, or where the agency finds that notice and comment is
unnecessary. This rule concerns only matters of agency procedure and
will not significantly affect regulated entities or the general public.

List of Subjects

18 CFR Part 1b

    Investigations.

18 CFR Part 2

    Administrative practice and procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 3a

    Classified information.

18 CFR Part 4

    Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements, Water resources.

18 CFR Part 5

    Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.

18 CFR Part 11

    Administrative practice and procedure, Dams, Electric power, Public
lands, Reporting and recordkeeping requirements, Water resources.

18 CFR Part 12

    Administrative practice and procedure, Dams, Electric power, Public

lands, Reporting and recordkeeping requirements, Water resources.

18 CFR Part 131

    Accounting, Administrative practice and procedure, Electric power,
Reporting and recordkeeping requirements.

18 CFR Part 157

    Administrative practice and procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 284

    Administrative practice and procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 376

    Administrative practice and procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 380

    Administrative practice and procedure, Electric power, Historic
preservation, Natural gas, Natural resources, Pipelines, Reporting and
recordkeeping requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping requirements.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
    In consideration of the foregoing, the Commission is amending Parts
1b, 2, 3a, 4, 5, 11, 12, 131, 157, 284, 376, 380, and 385, Chapter I,
Title 18, Code of Federal Regulations, as follows.

PART 1b--RULES RELATING TO INVESTIGATIONS

0
1. The authority citation for Part 1b is revised to read as follows:

    Authority:  15 U.S.C. 717-717z, 3301-3432; 16 U.S.C. 792-828c,
2601-2645; 42 U.S.C. 7101-7352; 49 U.S.C. 60502; 49 App. U.S.C. 1-85
(1988); E.O. 12009, 3 CFR 1978 Comp., p. 142.

0
2. In Sec.  1b.11, remove the last sentence.
0
3. In Sec.  1b.12, remove the last sentence.
0
4. In Sec.  1b.14(a), remove the phrase ``shall be made be the
investigating officer'' and add the phrase ``shall be made by the
investigating officer'' in its place.

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
5. The authority citation for Part 2 is revised to read as follows:

    Authority:  5 U.S.C. 601; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645; 42 U.S.C. 4321-4370h, 7101-7352.

Sec.  2.1  [Amended]

0
6. In Sec.  2.1:
0
a. In paragraph (a)(1)(xi)(E), remove the phrase ``pursuant to Sec.
3.5(a)(26) of this subchapter''.
0
b. In paragraph (a)(1)(xi)(F), correct the reference ``Sec.
3.75.302(j)'' to read ``Sec.  385.2008''.

0
7. In Sec.  2.9, revise the last sentence of paragraph (a), and revise
paragraph (b) to read as set forth below, and remove paragraph (c).

Sec.  2.9  Conditions in preliminary permits and licenses--list of and
citations to ``P--'' and ``L--'' forms.

    (a) * * * The forms and their revisions are published on the
Commission's Web site (www.ferc.gov/industries/hydropower/gen-info/comp-admin/l-forms.asp).
    (b) Forms currently in use may be obtained on the Commission's Web
site or from Federal Energy Regulatory Commission, Washington, DC
20426.

Sec.  2.13  [Amended]

0
8. In Sec.  2.13:
0
a. Redesignate paragraph (c) as paragraph (b).
0
b. In newly designated paragraph (b), remove the phrase ``including
compliance with the Commission's `Guidelines for the Protection of
Natural, Historic, Scenic, and Recreational Values in the Design and
Location of Rights-of-Way and Transmission Facilities' ''.

PART 3a--NATIONAL SECURITY INFORMATION

0
9. The authority citation for Part 3a is revised to read as follows:

    Authority: 15 U.S.C. 717o; 16 U.S.C. 825h.

Sec. Sec.  3a.1, 3a.12, and 3a.51  [Amended]

0
10. Remove the words ``Federal Power Commission'' and add, in their
place, the words ``Federal Energy Regulatory Commission'' in the
following places:
0
a. Section 3a.1;
0
b. Section 3a.12(c)(2); and
0
c. Section 3a.51(a).

Sec. Sec.  3a.12, 3a.13, 3a.22, 3a.23, 3a.41, 3a.71, 3a.81  [Amended]

0
11. Remove the word ``FPC'' and add, in its place, the word ``FERC''
wherever it appears in the following places:
0
a. Section 3a.12(e);
0
b. Section 3a.13(a) and (f);
0
c. Section 3a.22(a), (c), (d), (f) introductory text, (f)(2), and
(g)(3)(i);
0
d. Section 3a.23(a), (e), (f), and (i);
0
e. Section 3a.41(d);
0
f. Section 3a.71(c), (d) introductory text, and (d)(3); and
0
g. Section 3a.81(a), (c), (d), (e) introductory text, and (g).

Sec.  3a.23  [Amended]

0
12. In Sec.  3a.23:
0
a. In paragraph (b), remove the words ``Office of the Secretary,
Federal Power Commission, Washington, DC 20426'' and add the words
``Office of the Secretary, Federal Energy Regulatory Commission,
Washington, DC 20426'' in their place. Footnote 1 in the phrase is also
removed.
0
b. In paragraphs (b), (c), (g), and (h), remove the words ``FPC Review
Committee'' and add, in their place, the words ``FERC Review
Committee'' wherever they appear.

Sec.  3a.51  [Amended]

0
13. In Sec.  3a.51(a), remove the words ``FPC Security Officer'' and
add, in their place, the words ``FERC Security Officer''.

Sec.  3a.61  [Amended]

0
14. In Sec.  3a.61(c)(3), remove the words ``FPC Top Secret Control
Officer'' and add, in their place, the words ``FERC Top Secret Control
Officer''.

PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT
COSTS

0
15. The authority citation for Part 4 is revised to read as follows:

    Authority:  16 U.S.C. 792-828c, 2601-2645; 42 U.S.C. 7101-7352.

Sec.  4.32  [Corrected]

0
16. In Sec.  4.32:
0
a. In paragraph (a)(4)(i), correct the reference ``paragraph
(a)(3)(ii)'' to read ``paragraph (a)(4)(ii)''.
0
b. In paragraph (c)(1), correct the words ``Every application for a
licensee'' to read ``Every applicant for a license'' and correct the
reference ``Sec.  4.38(b)(1)(vi)'' to read ``Sec.  4.38(b)(2)(vi)''.

Sec.  4.34  [Amended]

0
17. Remove Sec.  4.34(b)(5)(iv).

Sec.  4.35  [Corrected]

0
18. In Sec.  4.35(a), correct the phrase ``the amendment to the
applicant was filed'' to read ``the amendment to the application was
filed''.

Sec.  4.38  [Corrected]

0
19. In Sec.  4.38(a)(1), correct the reference ``paragraph (a)(4)'' to
``paragraph (a)(6)''.

Sec.  4.39  [Amended]

0
20. In Sec.  4.39, add the phrase ``Each map must have:'' after the
last sentence in paragraph (b) introductory text.

Sec.  4.81  [Amended]

0
21. In Sec.  4.81(b)(5), correct the reference ``paragraph (e)(3)'' to
read ``paragraph (d)(3)(i)'' and add the words ``(FERC Form 587)''
after the words ``such lands must be identified on a completed land
description form'' in the second sentence.

Sec.  4.106  [Corrected]

0
22. In Sec.  4.106,
0
a. In paragraph (h) introductory text, remove the phrase ``is subject
to the following provisions of 18 CFR part 12, as it may be amended''
and add, in its place, the phrase ``is subject to Part 12 of the
Commission's regulations, part 12 of this title (as they may be amended
from time to time)''.
0
b. Remove paragraphs (h)(1) through (h)(5).
0
c. In paragraph (i), add the heading ``Article 9.'' to the beginning of
the paragraph.

Sec.  4.201  [Corrected]

0
23. In Sec.  4.201(d)(1), correct the words ``If an applicant for
license'' to read ``If an applicant for license amendment,'' correct
the reference ``Sec.  385.207(c)(4)'' to read ``Sec.  385.207'' and
correct the term ``Division by Hydropower Licensing'' to read
``Division of Hydropower Compliance and Administration''.

Sec.  4.301  [Corrected]

0
24. In Sec.  4.301(b), correct the reference ``Sec.  4.38(b)(2)(iv)''
to read ``Sec.  4.38(c)(5)''.

PART 5--INTEGRATED LICENSE APPLICATION PROCESS

0
25. The authority citation for Part 5 is revised to read as follows:

    Authority:  16 U.S.C. 792-828c, 2601-2645; 42 U.S.C. 7101-7352.

Sec.  5.17  [Corrected]

0
26. In Sec.  5.17(e)(1), correct the reference ``Sec.  4.38(b)(1)(vi)''
to read ``Sec.  4.38(b)(2)(vi)''.

Sec.  5.18  [Amended]

0
27. In Sec.  5.18, remove the designation ``(2)'' from the paragraph
following paragraph (b)(5)(ii)(H) and redesignate it as paragraph
(b)(5)(iii).

PART 11--ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT

0
28. The authority citation for Part 11 is revised to read as follows:

    Authority: 16 U.S.C. 792-828c; 42 U.S.C. 7101-7352.

Sec.  11.2  [Amended]

0
29. In Sec.  11.2(b), remove the words ``as set out in Appendix A of
this part'' and add, in their place, the words ``as set out on the
Commission's Web site (http://www.ferc.gov)''.

Appendix A to Part 11 [Removed]

0
30. Remove Appendix A to Part 11--Fee Schedule for FY 2010.

PART 12--SAFETY OF WATER POWER PROJECTS AND PROJECT WORKS

0
31. The authority citation for Part 12 is revised to read as follows:

    Authority: 16 U.S.C. 792-828c; 42 U.S.C. 7101-7352; E.O. 12009,
3 CFR 1978 Comp., p. 142.

Sec.  12.4  [Corrected]

0
32. In Sec.  12.4(a), correct the words ``Director of the Office of
Energy Projects Licensing'' to read ``Director of the Office of Energy
Projects''.

PART 131--FORMS

0
33. The authority citation for Part 131 is revised to read as follows:

    Authority: 16 U.S.C. 792-828c, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

Sec.  131.70  [Corrected]

0
34. In Sec.  131.70, correct the reference ``Sec.  11.24'' to read
``Sec.  11.6''.

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT

0
35. The authority citation for Part 157 is revised to read as follows:

    Authority: 15 U.S.C. 717-717z.

Sec.  157.6  [Corrected]

0
36. In Sec.  157.6(a)(5), correct the reference ``Sec. Sec.  385.213
and 385.214'' to read ``Sec. Sec.  385.215 and 385.216''.

Sec.  157.21  [Corrected]

0
37. In Sec.  157.21(a)(1), correct the reference ``33 U.S.C. 127.007''
to read ``33 CFR 127.007''.

Sec.  157.37  [Corrected]

0
38. In Sec.  157.37, correct the word ``necessity'' to read
``necessary''.
0
39. In Sec.  157.205, correct the first sentence of paragraph (e)(1) to
read as follows:

Sec.  157.205  Notice procedure.

* * * * *
    (e) Any person or the Commission's staff may file a protest prior
to the deadline. * * *
* * * * *

PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES

0
40. The authority citation for Part 284 is revised to read as follows:

    Authority:  15 U.S.C. 717-717z, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.

Sec.  284.102  [Amended]

0
41. In Sec.  284.102(c), remove the phrase ``and Sec.  284.106''.

Sec.  284.122  [Corrected]

0
42. In Sec.  284.122(a), correct the words ``Subject to paragraphs (d)
and (e) of this section'' to read ``Subject to paragraph (d) of this
section''.

Sec.  284.270  [Amended]

0
43. In Sec.  284.270:
0
a. In paragraph (a) introductory text, remove the word ``telegraph''
and add, in its place, the words ``email, facsimile''.
0
b. In paragraphs (b) introductory text and (c) introductory text,
remove the word ``telegram'' and add, in its place, the words ``email,
facsimile''.

PART 376--ORGANIZATION, MISSION, AND FUNCTIONS; OPERATIONS DURING
EMERGENCY CONDITIONS

0
44. The authority citation for Part 376 continues to read as follows:

    Authority:  5 U.S.C. 553; 42 U.S.C. 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142

Sec.  376.209  [Corrected]

0
45. In Sec.  376.209(e) introductory text, correct the reference
``section 6(e) of the Interstate Commerce Act'' to read ``section 6(3)
of the Interstate Commerce Act''.

PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL
POLICY ACT

0
46. The authority citation for Part 380 is revised to read as follows:

    Authority:  42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.

Sec.  380.1  [Amended]

0
47. In Sec.  380.1, add the word ``(NEPA)'' after the words ``the
National Environmental Policy Act of 1969'' in the first sentence and
remove the year ``(1986)'' from the second sentence.

Sec.  380.3  [Corrected]

0
48. In Sec.  380.3(a)(1), correct the word ``and'' to read ``an''.

Sec.  380.4  [Corrected]

0
49. In Sec.  380.4(a)(27), correct the word ``requires'' to read
``require''.

Sec.  380.5  [Corrected]

0
50. In Sec.  380.5(b)(7), correct the reference ``Sec. Sec.
4.30(b)(27) and 4.101-4.106'' to read ``Sec. Sec.  4.30(b)(29) and
4.101-4.108''.

Sec.  380.6  [Corrected]

0
51. In Sec.  380.6(a)(3), correct the words ``right-of-way'' to read
``rights-of-way''.

Sec.  380.8  [Amended]

0
52. In Sec.  380.8, remove the words ``Council on Environmental
Quality'' and add, in their place, the word ``Council'' and remove the
telephone number ``(202) 219-8700'' and add, in its place, the
telephone number ``(202) 502-8700''.

Sec.  380.12  [Amended]

0
53. In Sec.  380.12:
0
a. In paragraphs (b)(1) and (b)(5), remove the period at the end of the
sentence for each paragraph and add, in their place, a semi-colon.
0
b. In paragraph (e)(3), correct the phrase ``affected acreage'' to read
``acreage''.
0
c. In paragraph (f) introductory text, correct the words ``In order to
prepare'' to read ``In preparing''.
0
d. In paragraph (f)(2) introductory text, change the ``D'' in the word
``Documentation'' to a lower case letter ``d''.
0
e. In paragraph (i)(5), move the comma following the closing quotation
mark for the phrase ``Upland Erosion Control, Revegetation and
Maintenance Plan'' inside the closing quotation mark to read as
``Upland Erosion Control, Revegetation and Maintenance Plan,''.
0
f. In paragraph (o)(12), remove the word ``of'' from the words
``Identify of all codes''.

Sec.  380.14  [Corrected]

0
54. In Sec.  380.14(a) introductory text, correct the words
``Commission take'' to read ``Commission to take''.

Sec.  380.15  [Corrected]

0
55. In Sec.  380.15(f)(5), correct the word ``above-ground'' to read
``aboveground''.

PART 385--RULES OF PRACTICE AND PROCEDURE

0
56. The authority citation for Part 385 is revised to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 792-828c, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701; 42
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).

Sec.  385.2201  [Corrected]

0
57. In Sec.  385.2201(c)(1), italicize the words ``Contested on-the-
record proceeding''.

[FR Doc. 2012-1307 Filed 1-31-12; 8:45 am]
BILLING CODE 6717-01-P