[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 105-106]
[FR Doc No: 2011-33677]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-22-000.
    Applicants: Perrin Ranch Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Perrin Ranch Wind, LLC.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5130.
    Comments Due: 5 p.m. ET 1/12/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2877-001.
    Applicants: Cobb Electric Membership Corp.
    Description: Cobb Electric Membership Corp. Updated Market Power
Analysis.
    Filed Date: 12/20/11.
    Accession Number: 20111220-5150.
    Comments Due: 5 p.m. ET 2/21/12.

    Docket Numbers: ER10-3254-001.
    Applicants: Cooperative Energy Incorporated (an Electric Membership
Corp).
    Description: Cooperative Energy Inc Updated Market Power Analysis.

    Filed Date: 12/20/11.
    Accession Number: 20111220-5142.
    Comments Due: 5 p.m. ET 2/21/12.

    Docket Numbers: ER11-4336-003.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per
35.17(b): Effective Date Change for ``Fully Integrated'' DR Rules to be
effective 6/1/2016.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5135.
    Comments Due: 5 p.m. ET 12/29/11.

    Docket Numbers: ER12-10-001.
    Applicants: Energy International Power Marketing.
    Description: Energy International Power Marketing submits tariff
filing per 35: EIP Compliance Filing to be effective 10/3/2011.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5121.
    Comments Due: 5 p.m. ET 1/12/12.

    Docket Numbers: ER12-645-001.
    Applicants: California Ridge Wind Energy LLC.
    Description: Supplement to December 21, 2011 Market-Based Rate
Application to be effective 2/20/2012.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5032.
    Comments Due: 5 p.m. ET 1/12/12.

    Docket Numbers: ER12-662-000.
    Applicants: Southern California Edison Company.
    Description: SGIA WDAT SERV AG SCE-SEPV 8 LLC SEPV 8 Project to be
effective 12/23/2011.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5001.
    Comments Due: 5 p.m. ET 1/12/12.

    Docket Numbers: ER12-663-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. Request for Waiver of
Tariff Provision and Expedited Treatment.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5069.
    Comments Due: 5 p.m. ET 1/12/12.

    Docket Numbers: ER12-664-000.
    Applicants: PacifiCorp.
    Description: UMPA ARTSOA Rev 2 to be effective 2/21/2012.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5106.
    Comments Due: 5 p.m. ET 1/12/12.

    Docket Numbers: ER12-665-000.
    Applicants: ITC Midwest LLC.
    Description: Filing of Agreements with MidAmerican Energy Company
to be effective 2/21/2012.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5107.
    Comments Due: 5 p.m. ET 1/12/12.

    Docket Numbers: ER12-666-000.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO tariff revisions regarding solar-fueled
generators to be effective 2/20/2012.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5115.
    Comments Due: 5 p.m. ET 1/12/12.

    Docket Numbers: ER12-667-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: ITC Midwest--Northern States Power Company 205 Filing
to be effective 2/21/2012.
    Filed Date: 12/22/11.
    Accession Number: 20111222-5153.
    Comments Due: 5 p.m. ET 1/12/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 22, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-33677 Filed 12-30-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9506-9507]
[FR Doc No: 2018-04461]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2698-100]

Duke Energy Carolinas, LLC; Notice of Application Accepted for
Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Request for a temporary variance from
elevation requirements.
    b. Project No.: 2698-100.
    c. Date Filed: February 22, 2018.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: East Fork Hydroelectric Project.
    f. Location: The project is located on the East Fork of the
Tuckasegee River in Jackson County, North Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Jeff Lineberger, Duke Energy Carolinas,
LLC, 526 S Church Street, Mail Stop EC 12Y, Charlotte, NC 28202, (704)
382-5942.
    i. FERC Contact: Zeena Aljibury,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: March 27, 2018.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end

of your comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2698-100.
    k. Description of Request: Duke Energy Carolinas, LLC requests
approval for a temporary variance from normal reservoir elevations to
perform maintenance work at the Tennessee Creek, Bear Creek, and Cedar
Cliff developments of the project. Duke Energy Carolinas, LLC had
proposed on October 27, 2017 to begin drawdowns and refills between
February and August 2018. However, based on additional consultation
with local stakeholders, Duke Energy Carolinas, LLC decided to defer
these drawdowns until after the primary recreation season. Duke Energy
Carolinas, LLC proposes to begin the drawdowns starting at Bear Creek
Lake, then Cedar Cliff Lake, and then Tanasee Creek and Wolf Creek
Lakes, respectively. Drawdowns and refills would now begin from
September 3, 2018, and continue through December 2018, therefore this
is a revised public notice for the temporary variance. Duke Energy
Carolinas, LLC will need to close some of its recreation areas during
the drawdown to include Bear Creek Access Area, Cedar Cliff Access
Area, and Wolf Creek Access Area due to the lower water levels which
render the boat ramps unusable.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: February 27, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-04461 Filed 3-5-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 4, 2010 (Volume 75, Number 23)]
[Notices]
[Page 5786-5787]
[DOCID:fr04fe10-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0441; FRL-9109-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Steel Plants: Electric
Arc Furnaces and Argon Oxygen Decarbonization Vessels (Renewal), EPA
ICR Number 1060.15, OMB Control Number 2060-0038

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before March 8, 2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-OECA-
2009-0441, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, Mail Code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-
05), Measurement Policy Group, Environmental Protection Agency,
Research Triangle Park, North Carolina, 27711; telephone number: (919)
541-0296; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 8, 2009 (74 FR 32580), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2009-0441, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: NSPS for Steel Plants: Electric Arc Furnaces and Argon
Oxygen Decarbonization Vessels (Renewal).
    ICR Numbers: EPA ICR Number 1060.15, OMB Control Number 2060-0038.
    ICR Status: This ICR is scheduled to expire on March 31, 2010.
Under OMB

regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The affected entities are subject to the General
Provisions of the NSPS at 40 CFR part 60, subpart A and any changes, or
additions to the General Provisions specified at 40 CFR part 60,
subparts AA and AAa. Owners or operators of the affected facilities
must make an initial notification, performance tests, periodic reports,
and maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. Reports,
at a minimum, are required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 308.4
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Electric arc furnaces and argon
oxygen decarbonization vessels.
    Estimated Number of Respondents: 98.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 60,745.
    Estimated Total Annual Cost: $5,911,975, which includes $5,712,985
in labor costs, $5,490 in capital/startup costs, and $193,500 in
operation and maintenance (O&M) costs.
    Changes in the Estimates: There is an increase of 633 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase is due to an increase in the number
of respondents. The new number of respondents accounted for the one new
source that will become subject to the rule since the last ICR period.
Further, the change in labor costs for industry and EPA is due to the
use of more current labor rates. The decrease in annual O&M costs
reflects a change made to account for a calculation error made in
estimating the number of respondents that use COMS to measure stack
emissions and the increase in total capital/startup costs is due to a
calculation error in estimating the total costs for volumetric flow
rate monitors for new sources.

    Dated: January 29, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-2389 Filed 2-3-10; 8:45 am]
BILLING CODE 6560-50-P


From: Forte, Reynaldo  Sent: Wednesday, May 07, 2014 2:45 PM To: Eddinger, Jim Cc: Kokopeli, Peter; Schreifels, Jeremy Subject: FW: starts for industrial units

Jim  -  Peter Kokopeli was able to do a brief analysis of the time it takes some industrial boilers to have their controls reducing emissions. Don't know how helpful this will be to you since the number of units is limited. Let me know if you'd like any follow up.

Rey

From: Kokopeli, Peter  Sent: Wednesday, May 07, 2014 12:58 PM To: Forte, Reynaldo Cc: Schreifels, Jeremy Subject: FW: starts for industrial units

Rey: The graphic below summarizes starts at 156 industrial CAMD units between 2003 and 2012. The chart shows the average NOx or SO2 rate in the hour after the start of generation. The results are generally consistent with the SSM TSD including Wet Lime (FGD) which we believe runs from start of generation.

This analysis only includes the starts for units reporting load in MWH (as opposed to steam) and that have the controls indicated. Only starts that occurred after the control install date are included (with the exception of SNCR). The 10-year time span is needed because industrial have far fewer starts per year than EGUs.

Note that the unit counts are quite low. We could expand this analysis to include the majority of industrial units reporting steam load but would not be able to complete it before June at the earliest due to competing priorities.

   oo peter

 Peter


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43139-43141]
[FR Doc No: 2019-17877]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-3500]

Fit for Use Pilot Program Invitation for the Clinical Data
Interchange Standards Consortium for Standard for Exchange of
Nonclinical Data Implementation Guide: Version 3.1

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
that it intends to conduct a Fit for Use (FFU) pilot program to test
the processing and analysis of nonclinical study data provided
electronically for the Clinical Data Interchange Standards Consortium
(CDISC) for Standard for Exchange of Nonclinical Data (SEND)
Implementation Guide (IG): Version 3.1 (SEND 3.1). The Agency's Center
for Drug Evaluation and Research (CDER) will test the processing and
analysis of nonclinical study data provided electronically in SEND 3.1
format. FDA is inviting individual firms that wish to participate in
this pilot program to submit participation requests via email or in
writing.

DATES: To be considered for participation in the pilot program, submit
electronic or written requests by September 19, 2019. See the ADDRESSES
section for participation request instructions.

ADDRESSES: Submit electronic requests to participate in the pilot and
comments regarding this pilot project to https://www.regulations.gov.
Submit written requests to participate in the pilot and comments
regarding the pilot to Dockets Management Staff (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
The https://www.regulations.gov electronic filing system will accept
comments until 11:59 p.m. Eastern Time by September 19, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

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-2019-N-3500 for ``Fit for Use Pilot Program Invitation for the
Clinical Data Interchange Standards Consortium for Standard for
Exchange of Nonclinical Data Implementation Guide: Version 3.1.''
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.
     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.'' The Agency 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 to 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 this 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.gpo.gov/fdsys/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.

FOR FURTHER INFORMATION CONTACT: Isaac Chang, Office of Computational
Science, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 240-
402-7501<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Data standards help FDA receive, process, review, and archive
submission data more efficiently and effectively. Study data standards
describe a standard way to exchange clinical and nonclinical research
data between computer systems. These standards provide a consistent
general framework for organizing study data, including templates for
datasets, standard names for variables, and standard ways of doing
calculations with common variables. Study data standards are required
for study data submitted to FDA's Center for Drug Evaluation and
Research (CDER) per the published guidance.\1\
---------------------------------------------------------------------------

    \1\ See the guidance Providing Regulatory Submissions in
Electronic Format--Standardized Study Data: Guidance for Industry
(PDF--136KB) (Dec. 2014) at https://www.fda.gov/media/82716/download.
---------------------------------------------------------------------------

    CDISC is an open, multidisciplinary, nonprofit organization that
has established worldwide industry standards to support the electronic
acquisition and submission of study data and metadata for medical and
biopharmaceutical product development.\2\ CDISC is currently
facilitating and testing the extension of the SEND 3.1 standard for
nonclinical toxicology data.
---------------------------------------------------------------------------

    \2\ See the CDISC website at http://www.cdisc.org.
---------------------------------------------------------------------------

    CDER completed a pilot project evaluating SEND 3.0 using SEND-
formatted sample toxicology datasets. Phase 1 of the pilot supported
the development of a SEND Implementation Guide (SENDIG) describing the
process for formatting data from single and repeat-dose animal toxicity
and carcinogenicity studies for submission purposes. During Phase 2 of
the pilot, CDER evaluated submission of SEND formatted datasets and
evaluated data validation and analysis tools capabilities. The outcomes
of this pilot resulted in improvements to the SENDIG 3.0.\3\
---------------------------------------------------------------------------

    \3\ The updated guide can be found at http://www.cdisc.org/. FDA
has verified the website address, but the Agency is not responsible
for any subsequent changes to the website address after this
document publishes in the Federal Register.
---------------------------------------------------------------------------

    Based on published guidance \4\ studies initiated after December
17, 2016, must be submitted with data formatted in accordance with the
data standards listed in the FDA Data Standards Catalog for new drug
applications (NDAs), biologics license applications (BLAs), and
abbreviated new drug applications (ANDAs). For investigational new drug
applications (INDs), the requirement \5\ applies to studies initiated
after December 17, 2017. SEND 3.1 is included in the Data Standards
Catalog, and the submission of SEND nonclinical datasets is expected to
continue to increase in the future. This pilot will evaluate the
compliance of sample SEND 3.1 datasets submitted to CDER. As part of
this evaluation and in anticipation of FDA receiving datasets for
regulatory review, the CDISC SEND team, in collaboration with CDER and
available pilot participants, will update the SENDIG 3.1 as needed to
include specific data elements and terms.
---------------------------------------------------------------------------

    \4\ See the Technical Rejection Criteria for Study Data at
https://www.fda.gov/media/100743/download.
    \5\ See footnote 4.
---------------------------------------------------------------------------

II. Project Participation

    CDER is seeking a maximum of five participants in this pilot. The
Center will use its discretion in choosing participants based on the
completeness of the submission per the guidelines below. CDER requests
participants to submit a nonclinical study package containing the
following materials:
     SEND 3.1 datasets \6\
---------------------------------------------------------------------------

    \6\ See the FDA Study Data Resources web page, available at
https://www.fda.gov/ForIndustry/DataStandards/StudyDataStandards/default.htm.
---------------------------------------------------------------------------

     Sample related study report \7\ (PDF format)
---------------------------------------------------------------------------

    \7\ See Footnote 6.
---------------------------------------------------------------------------

     Nonclinical Study Data Reviewers Guide \8\
---------------------------------------------------------------------------

    \8\ See the PhUSE Wiki web page, available at https://www.phusewiki.org/wiki/index.php?title=Nonclinical_Study_Data_Reviewers_Guide.
---------------------------------------------------------------------------

     Define.xml (v2.0) \9\
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    \9\ See Footnote 6.
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     Sample standardized study protocol.
    CDER will prioritize nonclinical packages that highlight the most
significant changes from SENDIG 3.0 to SENDIG 3.1 and therefore, the
studies that meet as many of the following criteria as possible:
    1. Toxicology studies with safety pharmacology data that
demonstrate appropriate use of:
    a. Continuous data typically included in these safety pharmacology
studies:
    (i) Cardiovascular data represented in the Electrocardiogram (ECG)
Test Results Domain, Electrocardiogram Domain (EG), and the
Cardiovascular Test Results Domain (CV).
    (ii) Respiratory data in the Respiratory Test Results Domain (RE).
    b. Timing variables for Planned Start of Assessment Interval (--
STINT), and Planned End of Assessment Interval (--ENINT) (in the use of
timing variables in the EG domain).
    c. Unscheduled Flag, (--USCHFL) variable.
    d. Nominal Study Day for Tabulations, (--NOMDY), Label for Nominal
Study Day, (--NOMLBL) variable to group and label data for reporting
purposes.
    e. Study data from a study or studies using the Latin Square
design.

    2. Toxicology studies including Pharmacokinetic Concentrations
Domain (PC) and Pharmacokinetics Parameters Domain (PP) domains.
    3. Toxicology studies with study data using controlled terminology
(version 2018-03-30 or later) for:
    a. Severity.
    b. Non-neoplasm (NONNEO) using codelist NONNEO and Microscopic
Domain (MI).
    Please indicate in your request for participation the extent to
which your submission will meet the above listed criteria.
    This pilot is intended to inform on the readiness of the SEND 3.1
standard and support improvements to the SENDIG 3.1 that will benefit
FDA and submitters. Pilot participants commit to publicly share lessons
learned with the CDISC SEND team to ensure that the CDISC SEND standard
is improved for the community. Participants may redact any sensitive
information as needed to enable sharing FDA feedback with the CDISC
SEND team.

III. Requests for Participation

    Requests to participate in the SENDIG 3.1 FFU pilot are to be
identified with the docket number found in brackets in the heading of
this document. Interested persons should include the following
information in the request: Contact name, contact phone number, email
address, name of the sponsor, address, and license number, as well as
the description of criteria met, addressing each of the items in the
II. Project Participation section.
    Once requests for participation are received, CDER will contact
interested sponsors to discuss the pilot project and clarify
requirements and expectations. The elapsed time duration of the pilot
is expected to be approximately 6 months but may be extended as needed.

    Dated: August 14, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-17877 Filed 8-19-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8467-8469]
[FR Doc No: 2017-01620]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79833; File No. S7-27-11]

Order Extending Certain Temporary Exemptions Under the Securities
Exchange Act of 1934 in Connection With the Revision of the Definition
of ``Security'' To Encompass Security-Based Swaps and Request for
Comment

January 18, 2017.

I. Introduction

    The Securities and Exchange Commission (``Commission'') is (i)
extending certain temporary exemptive relief originally provided by the
Commission in connection with the revision of the definition of
``security'' in the Securities Exchange Act of 1934 (``Exchange Act'')
to encompass security-based swaps (``Temporary Exemptions''); \1\ and
(ii) requesting comment on whether continuing exemptive relief is
necessary beyond February 5, 2018. These temporary exemptions were
provided by the Commission on July 1, 2011 and most recently extended
by the Commission on February 5, 2014.\2\ Certain of the Temporary
Exemptions are set to expire on February 5, 2017.\3\
---------------------------------------------------------------------------

    \1\ See Order Granting Temporary Exemptions under the Securities
Exchange Act of 1934 in Connection with the Pending Revisions of the
Definition of ``Security'' to Encompass Security-Based Swaps,
Exchange Act Release No. 64795 (Jul. 1, 2011), 76 FR 39927 (Jul. 7,
2011) (``Exchange Act Exemptive Order'').
    \2\ See Order Extending Temporary Exemptions under the
Securities Exchange Act of 1934 in Connection with the Revision of
the Definition of ``Security'' to Encompass Security-Based Swaps,
and Request for Comment, Exchange Act Release No. 71485 (Feb. 5,
2014), 79 FR 7731 (Feb. 10, 2014) (``Extension Order''); see also
Further Definition of ``Swap,'' ``Security-Based Swap,'' and
``Security-Based Swap Agreement''; Mixed Swaps; Security-Based Swap
Agreement Recordkeeping, Exchange Act Release No. 67453 (Jul. 18,
2012), 77 FR 48207 (Aug. 13, 2012) (``Product Definitions Adopting
Release'') (extending the expiration date of the Temporary
Exemptions to February 11, 2013); and Order Extending Temporary
Exemptions under the Securities Exchange Act of 1934 in Connection
with the Revision of the Definition of ``Security'' to Encompass
Security-Based Swaps, and Request for Comment, Exchange Act Release
No. 68864 (Feb. 7, 2013), 78 FR 10218 (Feb. 13, 2013) (``2013
Extension Order'') (extending the expiration date to February 11,
2014).
    \3\ See Extension Order.
---------------------------------------------------------------------------

    The expiration dates in the Extension Order distinguished between:
(i) The Temporary Exemptions related to pending security-based swap
rulemakings (``Linked Temporary Exemptions''); and (ii) the Temporary
Exemptions that generally were not directly related to a specific
security-based swap rulemaking (``Unlinked Temporary Exemptions''). The
expiration dates for the Linked Temporary Exemptions established by the
Extension Order were the compliance dates for the specific rulemakings
to which they were ``linked,'' and the expiration date for the Unlinked
Temporary Exemptions was three years following the effective date of
the Extension Order (i.e., February 5, 2017), or such time that the
Commission issues an order or rule determining whether continuing
exemptive relief is appropriate for security-based swaps with respect
to any such Unlinked Temporary Exemptions.
    As described in more detail below, the Commission is extending the
expiration date for the Unlinked Temporary Exemptions until February 5,
2018. This approach provides the Commission flexibility to determine
whether continuing relief should be provided for any Unlinked Temporary
Exemptions while the Commission continues to consider the relevant
rules mandated by the Dodd-Frank Wall Street Reform and Consumer
Protection Act.\4\ This release has no effect on the expiration dates
for the Linked Temporary Exemptions.\5\
---------------------------------------------------------------------------

    \4\ The Dodd-Frank Wall Street Reform and Consumer Protection
Act, Public Law 111-203, 124, Stat. 1376 (2010) (``Dodd-Frank
Act'').
    \5\ The Commission has already addressed some of the Linked
Temporary Exemptions. For example, on June 8, 2016, the Commission
adopted new rules for trade acknowledgement and verification of
security-based swap transactions. See Trade Acknowledgement and
Verification of Security-Based Swap Transactions, Exchange Act
Release No. 78011 (Jun. 8, 2016), 81 FR 39807 (Jun. 17, 2016)
(``Trade Acknowledgment Release''). In that release, the Commission
described the application of Exchange Act Rule 10b-10 to
transactions in security-based swaps and noted that the Linked
Exemption relating to Exchange Act Rule 10b-10 would expire upon the
compliance date of the new Rule 15Fi-2. See Trade Acknowledgement
Release at 39824-25, note 189.
---------------------------------------------------------------------------

II. Discussion

A. Background

    Title VII of the Dodd-Frank Act amended the definition of
``security'' under the Exchange Act to expressly encompass security-
based swaps.\6\ The expansion of the definition of the term
``security'' changed the scope of the Exchange Act regulatory
provisions that apply to security-based swaps and

raised certain complex questions that require further consideration.
---------------------------------------------------------------------------

    \6\ See Section 761(a)(2) of the Dodd-Frank Act (amending
Section 3(a)(10) of the Exchange Act (15 U.S.C. 78c(a)(10)). The
provisions of Title VII generally became effective on July 16, 2011
(360 days after the enactment of the Dodd-Frank Act) (the
``Effective Date''), unless a provision required a rulemaking, in
which case the provision would go into effect ``not less than'' 60
days after publication of the related final rules in the Federal
Register or on July 16, 2011, whichever is later. See Section 774 of
the Dodd-Frank Act.
---------------------------------------------------------------------------

    On July 1, 2011, the Commission issued the Exchange Act Exemptive
Order granting temporary exemptive relief from compliance with certain
provisions of the Exchange Act in connection with the revision of the
Exchange Act definition of ``security'' to encompass security-based
swaps.\7\ The Exchange Act Exemptive Order granted temporary exemptive
relief from compliance with certain provisions of the Exchange Act in
connection with security-based swap activity by: (i) Any person who
meets the definition of ``eligible contract participant'' (``ECPs'')
set forth in Section 1a(12) of the Commodity Exchange Act as of the day
prior to the enactment of the Dodd-Frank Act (July 20, 2010) and (ii) a
broker or dealer registered under Section 15(b) of the Exchange Act.\8\
---------------------------------------------------------------------------

    \7\ At the time it issued the Exchange Act Exemptive Order, the
Commission also adopted interim final rules that generally exempted
offers and sales of security-based swaps entered into between
eligible contract participants that would have been within the
definition of ``security-based swap agreement'' under the Securities
Act of 1933 (``Securities Act'') and the Exchange Act prior to the
Effective Date from all provisions of the Securities Act, other than
the Section 17(a) anti-fraud provisions, the registration
requirements of the Exchange Act, and the provisions of the Trust
Indenture Act of 1939, provided certain conditions are met. See
Exemptions for Security-Based Swaps, Securities Act Release No.
9231, Exchange Act Release No. 64794, Trust Indenture Act Release
No. 2475 (Jul. 1, 2011), 76 FR 40605 (Jul. 11, 2011). This extension
order does not address these interim final rules, which are
scheduled to expire on February 11, 2017. See Extension of
Exemptions for Security-Based Swaps, Securities Act Release No.
9545, Exchange Act Release No. 71482, Trust Indenture Act Release
No. 2495 (Feb. 5, 2014), 79 FR 7570 (Feb. 10, 2014).
    The Commission also, on June 15, 2011, issued an exemptive order
granting temporary relief from compliance with certain provisions
added to the Exchange Act by subtitle B of Title VII of the Dodd-
Frank Act with which compliance would have otherwise been required
as the Effective Date. In that order, the Commission provided
guidance regarding the provisions of the Exchange Act that were
added by Title VII with which compliance was required as of the
Effective Date. See Temporary Exemptions and Other Temporary Relief,
Together with Information on Compliance Dates for New Provisions of
the Securities Exchange Act of 1934 Applicable to Securities-Based
Swaps, Exchange Act Release No. 64678 (Jun. 15, 2011), 76 FR 36287
(Jun. 22, 2011).
    \8\ See Exchange Act Exemptive Order. The Exchange Act Exemptive
Order did not provide exemptive relief for any provisions or rules
prohibiting fraud, manipulation, or insider trading (other than the
prophylactic reporting or recordkeeping requirements such as the
confirmation requirements of Exchange Act Rule 10b-10). In addition,
the Exchange Act Exemptive Order did not affect the Commission's
investigative, enforcement, and procedural authority related to
those provisions and rules. See Exchange Act Exemptive Order at
39931, note 34. The Exchange Act Exemptive Order also did not
address Sections 12, 13, 14, 15(d), 16, and 17A of the Exchange Act
and the rules thereunder. The Commission did, however, issue limited
temporary relief from the clearing agency registration requirements
under Section 17A(b) for entities providing certain clearing
services for security-based swaps. This relief was linked to final
rules issued by the Commission relating to the registration of
clearing agencies that clear security-based swaps. See Order
Pursuant to Section 36 of the Securities Exchange Act of 1934
Granting Temporary Exemptions from Clearing Agency Registration
Requirements under Section 17A(b) of the Exchange Act for Entities
Providing Certain Clearing Services for Security-Based Swaps,
Exchange Act Release No. 64796 (Jul. 1, 2011), 76 FR 39963 (Jul. 7,
2011).
     The Commission also provided a temporary exemption within the
Exchange Act Exemptive Order for Sections 5 and 6 of the Exchange
Act and linked the expiration date of that exemptive relief until
the earliest compliance date set forth in any of the final rules
regarding registration of security-based swap execution facilities.
See Exchange Act Exemptive Order at 39934-36.
    The Exchange Act Exemptive Order further provided that no
security-based swap contract entered into on or after July 16, 2011
shall be void or considered voidable by reason of Section 29(b) of
the Exchange Act because any person that is a party to the contract
violated a provision of the Exchange Act for which the Commission
has provided exemptive relief in the Exchange Act Exemptive Order,
until such time as the underlying exemptive relief expires. By
extending the underlying Unlinked Temporary Exemptions until
February 5, 2018, this order will also extend the relevant Section
29(b) relief until that same date. See Exchange Act Exemptive Order
at 39938-39.
---------------------------------------------------------------------------

    The overall approach of the Exchange Act Exemptive Order was
directed toward maintaining the status quo during the implementation
process for the Dodd-Frank Act by preserving the application of
particular Exchange Act requirements that were already applicable in
connection with instruments that became ``security-based swaps''
following the Effective Date of the Dodd-Frank Act,\9\ but deferring
the applicability of additional Exchange Act requirements in connection
with those instruments explicitly being defined as ``securities'' as of
the Effective Date.\10\
---------------------------------------------------------------------------

    \9\ These instruments generally constituted ``security-based
swap agreements'' under the pre-Dodd-Frank Act framework and were
already subject to specific antifraud and anti-manipulation
provisions under the Exchange Act (including Exchange Act Section
10(b)). Under the Exchange Act Exemption Order, instruments that
(before the Effective Date) were security-based swap agreements and
(after the Effective Date) constituted security-based swaps were
still subject to the application of those Exchange Act provisions.
See Exchange Act Exemptive Order at 39930, notes 24-25.
    \10\ See Exchange Act Exemptive Order at 39929.
---------------------------------------------------------------------------

    As described above, the Commission most recently extended the
expiration date of the Unlinked Temporary Exemptions until the earlier
of the time that the Commission issues an order or rule determining
whether continuing exemptive relief is appropriate, or until three
years after the effective date of the Extension Order.\11\ This
approach was designed to provide the Commission with flexibility while
its Dodd-Frank Act rulemaking is still in progress to determine whether
continuing relief should be provided for any of the Unlinked Temporary
Exemptions.\12\
---------------------------------------------------------------------------

    \11\ See Extension Order. The Commission did not receive any
comments in response to the request for comment in the Extension
Order. However, in 2013, the Commission received a request from
market participants to extend certain of the Temporary Exemptions,
citing concerns that key issues and questions regarding the
application of the federal securities laws remained unresolved and
continuing concerns about the potential for unnecessary disruption
to the security-based swap market. See SIFMA Request for Extension
of the Expiration Date of the SEC's Exchange Act Exemptive Order and
SBS Interim final Rules (Dec. 20, 2012), which is available at
http://www.sec.gov/comments/s7-27-11/s72711-12.pdf.
    \12\ See id. at 7731. The Extension Order also linked the
expiration date of the Linked Temporary Exemptions until the
compliance date for such rulemakings. The Extension Order identified
the Linked Temporary Exemptions as those related to: (1) Capital and
margin requirements (Sections 7 and 15(c)(3), Regulation T, and
Exchange Act Rules 15c3-1, 15c3-3, and 15c3-4); (2) recordkeeping
requirements (Sections 17(a) and 17(b) and Exchange Act Rules 17a-3,
17a-4, 17a-5, 17a-11, and 17a-13); (3) registration requirements
under Section 15(a)(1) and the other requirements of the Exchange
Act and the rules and regulations thereunder that apply to a
``broker'' or ``dealer'' that is not registered with the Commission;
(4) Exchange Act Rule 10b-10; and (5) Regulation ATS. Accordingly,
as applicable, the Commission extended these exemptions until the
compliance date for pending rulemakings concerning: Capital, margin,
and segregation requirements for security-based swap dealers and
major security-based swap participants; recordkeeping and reporting
requirements for broker-dealers, security-based swap dealers, and
major security-based swap participants; security-based swap trade
acknowledgements; and registration requirements for security-based
swap execution facilities. The Linked Temporary Exemptions are not
addressed in this order and will be separately considered in
connection with the related security-based swap rulemakings. See
supra note 5.
---------------------------------------------------------------------------

B. Extension of Unlinked Temporary Exemptions

    Since the issuance of the Extension Order, the Commission has
implemented a substantial portion of the regulatory regime for
security-based swaps required by Title VII of the Dodd-Frank Act.\13\
However, the Commission

is still in the process of considering its rules under Title VII of the
Dodd-Frank Act.\14\ Therefore, the Commission believes it is necessary
or appropriate in the public interest, and consistent with the
protection of investors to extend the Unlinked Temporary Exemptions
until February 5, 2018 to avoid any potential market disruption
stemming from the application of certain existing Exchange Act
provisions and rules to security-based swap activities. This approach
also will provide the Commission with additional time to consider the
potential impact of the revision of the Exchange Act definition of
``security'' on the scope of the Exchange Act provisions and rules
applicable to security-based swaps, as well as the appropriateness of
applying certain Exchange Act provisions and rules to security-based
swap activities in light of the Commission's continuing rulemaking
efforts.
---------------------------------------------------------------------------

    \13\ See, e.g., Regulation SBSR--Reporting and Dissemination of
Security-Based Swap Information, Exchange Act Release No. 74244
(Feb. 11, 2015), 80 FR 14563 (Mar. 19, 2015); Security-Based Swap
Data Repository Registration, Duties, and Core Principles, Exchange
Act Release No. 74246 (Feb. 11, 2015), 80 FR 14437 (Mar. 19, 2015);
Registration Process for Security-Based Swap Dealers and Major
Security-Based Swap Participants, Exchange Act Release No. 75611
(Aug. 5, 2015), 80 FR 48963 (Aug. 14, 2015); Security-Based Swap
Transactions Connected with a Non-U.S. Person's Dealing Activity
That Are Arranged, Negotiated, or Executed By Personnel Located in a
U.S. Branch or Office or in a U.S. Branch or Office of an Agent;
Security-Based Swap Dealer De Minimis Exception, Exchange Act
Release No. 77104 (Feb. 10, 2016), 81 FR 8597 (Feb. 19, 2016); Trade
Acknowledgement Release; Business Conduct Standards for Security-
Based Swap Dealers and Major Security-Based Swap Participants,
Exchange Act Release 77617 (Apr. 14, 2016), 81 FR 29960 (May 13,
2016); Regulation SBSR--Reporting and Dissemination of Security-
Based Swap Information, Exchange Act Release No. 78321 (Jul. 14,
2016), 81 FR 53545 (Aug. 12, 2016); and Access to Data Obtained by
Security-Based Swap Data Repositories, Exchange Act Release No.
78716 (Aug. 29, 2016), 81 FR 60585 (Sep. 2, 2016).
    \14\ See e.g., Registration and Regulation of Security-Based
Swap Execution Facilities, Exchange Act Release No. 63825 (Feb. 2,
2011), 76 FR 10948 (Feb. 28, 2011); Capital, Margin, and Segregation
Requirements for Security-Based Swap Dealers and Major Security-
Based Swap Participants and Capital Requirements for Broker-Dealers,
Exchange Act Release No. 68071 (Oct. 18, 2012), 77 FR 70213 (Nov.
23, 2012); Recordkeeping and Reporting Requirements for Security-
Based Swap Dealers, Major Security-Based Swap Participants, and
Broker-Dealers; Capital Rule for Certain Security-Based Swap
Dealers; Proposed Rules, Exchange Act Release No. 71958 (Apr. 17,
2014), 79 FR 25194 (May 2, 2014); and Applications by Security-Based
Swap Dealers or Major Security-Based Swap Participants for
Statutorily Disqualified Associated Person To Effect or Be Involved
in Effecting Security-Based Swaps, Exchange Act Release No. 75612
(Aug 5, 2015), 80 FR 51684 (Aug. 25, 2015).
---------------------------------------------------------------------------

    Accordingly, pursuant to its authority under Section 36 of the
Exchange Act,\15\ the Commission believes it is necessary or
appropriate in the public interest, and consistent with the protection
of investors to extend the expiration of the Unlinked Temporary
Exemptions until February 5, 2018.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78mm. Section 36 of the Exchange Act authorizes
the Commission to conditionally or unconditionally exempt, by rule,
regulation, or order any person, security, or transaction (or any
class or classes of persons, securities, or transactions) from any
provision of the Exchange Act or any rule or regulation thereunder,
to the extent such exemption is necessary or appropriate in the
public interest, and is consistent with the protection of investors.
---------------------------------------------------------------------------

III. Solicitation of Comments

    The Commission is providing interested parties the opportunity to
comment on whether any relief should be granted with respect to any
specific Unlinked Temporary Exemption(s) beyond February 5, 2018. To
the extent that interested parties request specific relief for any of
the Unlinked Temporary Exemptions beyond February 5, 2018, any request
should be detailed as to the circumstances in which the Exchange Act
provision or rule applies to security-based swaps or security-based
swap market participants, and why relief would be necessary.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/exorders.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number S7-27-11 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

Paper Comments

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

All submissions should refer to File Number S7-27-11. This file number
should be included on the subject line if email is used. To help us
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/exorders.shtml). Comments
are also available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F St. NE., Washington, DC 20549
on official business days between the hours of 10 a.m. and 3 p.m. 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.

IV. Conclusion

    It is hereby ordered, pursuant to Section 36 of the Exchange Act,
that the Unlinked Temporary Exemptions contained in the Exchange Act
Exemptive Order and extended in the Extension Order in connection with
the revisions of the Exchange Act definition of ``security'' to
encompass security-based swaps are extended until February 5, 2018.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01620 Filed 1-24-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Rules and Regulations]
[Pages 58184-58185]
[FR Doc No: 2018-25002]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0586; Product Identifier 2017-NM-151-AD; Amendment
39-19445; AD 2018-20-11]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to certain
Bombardier, Inc., Model DHC-8-300 series airplanes. As published, a
service information citation is incorrect. This document corrects the
error. In all other respects, the original document remains the same.

DATES: This correction is effective November 23, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 23,
2018 (83 FR 52754, October 18, 2018).

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email [email protected]; internet
http://www.bombardier.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2018-0586.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Docket Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Admin Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7323; fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: Airworthiness Directive 2018-20-11,
Amendment 39-19445 (83 FR 52754, October 18, 2018) (``AD 2018-20-11''),
requires a detailed inspection of the ball bearings of an emergency
exit, replacement of bearings if necessary, application of corrosion
inhibiting compound (CIC), and revision of the maintenance or
inspection program, as applicable. That AD applies to certain
Bombardier, Inc., Model DHC-8-300 series airplanes.

Need for the Correction

    As published, a service information citation is incorrect in the
following preamble and regulatory text locations: Related Service
Information Under 1 CFR part 51; paragraph (g) of AD 2018-20-11; and
paragraph (l)(2)(iii) of AD 2018-20-11.
    In those locations, AD 2018-20-11 refers to Temporary Revision (TR)
54-042, dated April 10, 2018, to the DHC-8-300 Aircraft Maintenance
Manual (AMM), but the document is actually Temporary Revision (TR) 52-
042, dated April 10, 2018, to the DHC-8-300 Aircraft Maintenance Manual
(AMM).

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information:
     Service Bulletin 8-52-65, dated July 26, 2017, which
describes procedures for a detailed inspection of the forward right-
hand type I emergency exit door ball bearings for corrosion, seal
damage, and loss of lubricant; applying CIC; and replacing emergency
exit door ball bearings if necessary.
     de Havilland Inc. Dash 8 Series 300 Maintenance Task Card
Task Number 5220/12 (``Servicing of Forward RH Emergency Exit
Mechanisms''), dated March 15, 2017, which describes procedures for
servicing the forward right-hand emergency exit door mechanisms.
     Temporary Revision (TR) 52-042, dated April 10, 2018, to
the DHC-8-300 Aircraft Maintenance Manual (AMM), which describes
procedures for servicing the type I emergency exit door mechanisms.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Correction of Publication

    This document corrects an error and correctly adds the AD as an
amendment to 14 CFR 39.13. Although no other part of the preamble or
regulatory information has been corrected, we are publishing the entire
rule in the Federal Register.
    The effective date of this AD remains November 23, 2018.
    Since this action only corrects a service information citation, it
has no adverse economic impact and imposes no additional burden on any
person. Therefore, we have determined that notice and public procedures
are unnecessary.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Correction

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Corrected]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-20-11 Bombardier, Inc.: Amendment 39-19445; Docket No. FAA-
2018-0586; Product Identifier 2017-NM-151-AD.

(a) Effective Date

    This AD is effective November 23, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-301, -311, and
-315 airplanes, certificated in any category, serial numbers 100
through 672 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports indicating that the forward
right-hand type I emergency exit door could not be opened during
maintenance. An investigation determined that the exit door handle
was jammed due to corroded center and lower shaft ball bearings. We
are issuing this AD to address corrosion of the emergency exit door
ball bearings, which could result in the inability to open the
emergency exit door during an emergency evacuation and consequently
impede airplane egress.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Revision of Maintenance or Inspection Program

    Within 60 days after November 23, 2018 (the effective date of
this AD): Revise the maintenance or inspection program, as
applicable, to incorporate de Havilland Inc. Dash 8 Series 300
Maintenance Task Card Task Number 5220/12 (``Servicing of Forward RH
Emergency Exit Mechanisms''), dated March 15, 2017; and Temporary
Revision 52-042, dated April 10, 2018, to the DHC-8-300 Aircraft
Maintenance Manual (AMM). The initial compliance time for doing the
task is at the time specified in de Havilland Inc. Dash 8 Series 300
Maintenance Task Card Task Number 5220/12 (``Servicing of Forward RH
Emergency Exit Mechanisms''), dated March 15, 2017, or within 60
days after November 23, 2018, whichever occurs later.

(h) Inspection and Replacement

    Within 5,000 flight hours or 36 months, whichever occurs first,
after November 23, 2018 (the effective date of this AD): Do a
detailed inspection of all ball bearings of the forward right-hand
type I emergency exit for corrosion, seal damage, and loss of
lubricant; replace bearings as applicable; and apply corrosion
inhibiting compound (CIC); in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 8-52-65, dated July 26,
2017. Do all applicable replacements before further flight.

(i) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (j)(1) of
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2017-30, dated August 30,
2017, for related information. This MCAI may be found in the AD
docket on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0586.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, Mechanical Systems and Admin Services Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
November 23, 2018 (83 FR 52754, October 18, 2018).
    (i) Bombardier Service Bulletin 8-52-65, dated July 26, 2017.
    (ii) de Havilland Inc. Dash 8 Series 300 Maintenance Task Card
Task Number 5220/12 (``Servicing of Forward RH Emergency Exit
Mechanisms''), dated March 15, 2017.
    (iii) Temporary Revision (TR) 52-042, dated April 10, 2018, to
the DHC-8-300 Aircraft Maintenance Manual (AMM).
    (4) For service information identified in this AD, contact
Bombardier, Inc. Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email [email protected]; internet
http://www.bombardier.com.
    (5) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 8, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-25002 Filed 11-16-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65759-65760]
[FR Doc No: 2014-26272]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-
2000-7363; FMCSA-2004-18885; FMCSA-2008-0106; FMCSA-2008-0266; FMCSA-
2008-0292]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
24 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective December 8, 2014. Comments must be
received on or before December 5, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1998-
3637; FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-2000-7363; FMCSA-2004-
18885; FMCSA-2008-0106; FMCSA-2008-0266; FMCSA-2008-0292], using any of
the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 24 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 24 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Timothy S. Ballard (NC)
Donald O. Clopton (AL)
Stephen R. Daugherty (IN)
Ronald W. Garner (WA)
Paul A. Gregerson (IA)
Herman Hicks (GA)
Nelson V. Jaramillo (MA)
Larry D. Johnson (IL)
James A. Jones (MD)
Leslie A. Landschoot (NY)
Bruce T. Loughary (AR)
Kenny Y. Louie (CA)
Wayne R. Mantela (KY)
Kenneth D. May (AL)
Carl M. McIntire (OH)
Duffy P. Metrejean, Jr. (LA)
Gordon L. Nathan (CA)
Bernice R. Parnell (NC)
Michael J. Paul (LA)
Melinda V. Salas (CA)
Patrick W. Shea (MA)
Roy F. Varnado, Jr. (LA)
Michael J. Welle (MN)
Rick A. Young (IN)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 24 applicants has satisfied the
entry conditions for obtaining an exemption from the vision

requirements (63 FR 30285; 63 FR 54519; 65 FR 20245; 65 FR 33406; 65 FR
45817; 65 FR 57230; 65 FR 77066; 65 FR 77069; 67 FR 57266; 67 FR 71610;
69 FR 52741; 69 FR 53493; 69 FR 62741; 69 FR 62742; 69 FR 64810; 71 FR
62147; 71 FR 62148; 71 FR 66217; 73 FR 35194; 73 FR 35199; 73 FR 48273;
73 FR 48275; 73 FR 51689; 73 FR 60398; 73 FR 61922; 73 FR 61925; 73 FR
63047; 73 FR 74565; 75 FR 44050; 75 FR 52062; 75 FR 59327; 75 FR 72868;
75 FR 77949; 77 FR 52389; 77 FR 68202). Each of these 24 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-2000-
7363; FMCSA-2004-18885; FMCSA-2008-0106; FMCSA-2008-0266; FMCSA-2008-
0292), indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-
2000-7165; FMCSA-2000-7363; FMCSA-2004-18885; FMCSA-2008-0106; FMCSA-
2008-0266; FMCSA-2008-0292'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-2000-7363;
FMCSA-2004-18885; FMCSA-2008-0106; FMCSA-2008-0266; FMCSA-2008-0292''
in the ``Keyword'' box and click ``Search.'' Next, click ``Open Docket
Folder'' button choose the document listed to review. If you do not
have access to the Internet, you may view the docket online by visiting
the Docket Management Facility in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except
Federal holidays.

    Issued on: October 27, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-26272 Filed 11-4-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39727-39729]
[FR Doc No: 2016-14311]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78048; File No. SR-NSX-2016-03]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Fee and Rebate Schedule To Adopt a Market Data Revenue
Sharing Program

June 13, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 1, 2016, National Stock Exchange, Inc. (``NSX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change, as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comment on the proposed
rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend Exchange Rule 16.1, Fee
Schedule, to adopt a market data revenue (``MDR'') sharing program, add
a definition of the term Average Daily Volume (``ADV''), and make
ministerial changes to the Fee Schedule.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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 IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend Rule 16.1, Fee Schedule, with the
goal of maximizing the effectiveness of its business model and
continuing to provide Equity Trading Permit (``ETP'') Holders \3\ a
cost-effective execution venue. The Exchange is proposing to implement
the MDR sharing program as a part of the Fee Schedule, add a definition
of ``ADV'' and make ministerial changes to the Fee Schedule.
---------------------------------------------------------------------------

    \3\ Exchange Rule 1.5 defines ``ETP'' as the Equity Trading
Permit issued by the Exchange for effecting approved securities
transactions on the Exchange's trading facilities.
---------------------------------------------------------------------------

    The Exchange's proposed MDR sharing program provides for the
issuance of a credit to ETP Holders for executing trades on the
Exchange within two defined volume tiers. The credit is equal to a
specified percentage of the monthly market data revenue received by the
Exchange that is attributable to such ETP Holder's displayed quoting
and trading activity in securities priced at $1.00 or greater on the
Exchange. If, over the course of a calendar month, an ETP Holder
executes an ADV of greater than or equal to 500,000, but less than
1,500,000, shares of securities priced $1.00 or greater, then the ETP
Holder will receive a credit of 25% of the market data revenue that the
Exchange received that calendar month that was attributable to that ETP
Holder's executions and displayed quotes in securities priced $1.00 or
greater. If, over the course of a calendar month, the ETP Holder
executes an ADV of greater than or equal to 1,500,000 shares of
securities priced $1.00 or greater, then the ETP Holder will receive a
credit of 50% of the market data revenue that the Exchange received
that calendar month that was attributable to that ETP Holder's
executions and displayed quotes in securities priced $1.00 or greater.
    In connection with the MDR sharing program, the Exchange is further
proposing to amend the Fee Schedule to add Explanatory Note 4, which
defines ``ADV'' as the average number of shares per day that an ETP
Holder has executed on the Exchange in NMS securities priced at $1.00
or greater when the Exchange is open for trading during the calendar
month. The Exchange will not count a day as part of the month, for the
purpose of calculating ADV, if the Exchange is not continuously open
for trading during Regular Trading Hours \4\ on that day. For example,
if the Exchange is open for abbreviated hours on a given day (e.g.,
until 1:00 p.m. on the day after the Thanksgiving Day holiday) or if
the Exchange experiences a technological problem that renders the
Exchange inoperative for part of the day, that day will not be factored
in to the total number of days in the month when calculating ADV. If an
ETP Holder is only eligible to trade on the Exchange for a portion of
the month, the Exchange will calculate the ADV based on the number of
days during the calendar month that the ETP Holder was eligible to
trade. The Exchange notes that, for purposes of the ADV computation, an
ETP Holder's total trading activity on the Exchange in securities
priced at $1.00 or greater will be utilized, including executions
resulting from non-displayed orders. Explanatory Note 4 will clarify
how the Exchange proposes to calculate ADV for the purposes of the
market data revenue sharing program, described below.
---------------------------------------------------------------------------

    \4\ NSX Rule 1.5R.(1) defines the term ``Regular Trading Hours''
as ``the time between 9:30 a.m. and 4:00 p.m. Eastern Time.''
---------------------------------------------------------------------------

    The Exchange proposes to add Explanatory Note 3 to the Fee Schedule
to provide further information regarding MDR sharing.\5\ Explanatory
Note 3 makes explicit that, assuming the minimum ADV thresholds are
achieved,

an ETP Holder will receive an MDR credit (in such percentage as is
specified above) of the MDR attributable to the ETP Holder's executions
and displayed quotes in securities priced $1.00 or greater. Explanatory
Note 3 also establishes that to the extent market data revenue from
Tape ``A'', ``B'' or ``C'' securities transactions is subject to any
adjustment by the securities information processor (``SIP''), credits
provided to the ETP Holder in connection with the ETP Holder's quoting
and trading in the security that is subject to MDR adjustments may be
adjusted by the Exchange;\6\ however, the Exchange will adjust credits
to the ETP Holder only if the adjustment would be greater than or equal
to $250. Amounts less than $250 would be considered de minimis and
would be an exception, based the Exchange's belief that the monetary
value of such an adjustment is outweighed by the associated
administrative burden both to the Exchange and to the recipient ETP
Holder.\7\ Lastly, Explanatory Note 3 establishes that MDR credits will
be paid on a quarterly basis.
---------------------------------------------------------------------------

    \5\ The Exchange has previously implemented other iterations of
market data revenue sharing programs pursuant to filings with the
Commission and such prior MDR sharing programs shared up to 50% of
trade and quote market data revenue. See Securities Exchange Act
Release No. 66958 (May 10, 2012), 77 FR 28909 (May 16, 2012) (SR-
NSX-2012-07); Securities Exchange Act Release No. 61103 (December 3,
2009), 74 FR 65576 (December 10, 2009) (SR-NSX-2009-07); Securities
Exchange Act Release No. 58935 (November 13, 2008), 73 FR 69703
(November 19, 2008) (SR-NSX-2008-19); Securities Exchange Act
Release No. 56890 (December 4, 2007), 72 FR 70360 (December 11,
2007) (SR-NSX-2007-13).
    \6\ Pursuant to the revenue allocation rules of Regulation NMS,
the SIPs continuously calculate market data revenue attributable to
each exchange on a security by security basis and distribute revenue
to the exchanges quarterly. Fluctuations from quarter to quarter in
quoting and trading on the Exchange, on a security by security
basis, relative to other exchanges affects the results of the SIPs'
continuous calculations of the MDR distribution for both the current
quarter and prior quarters in the calendar year. The SIPs may then
adjust the MDR distributions that the SIPs made to the Exchange for
prior quarters in the calendar year, and the Exchange will adjust an
ETP Holder's MDR credit received as appropriate, provided that such
an adjustment would be in an amount of $250 or greater.
    \7\ The Exchange notes that in the past its Fee Schedule has
included a similar de minimis exception for applying credits to ETP
Holders for MDR adjustments in amounts less than $250. See
Securities Exchange Act Release No. 66958 (May 10, 2012), 77 FR
28909 (May 16, 2012) (SR-NSX-2012-07).
---------------------------------------------------------------------------

    The Exchange also proposes to make the ministerial change of moving
Explanatory Notes 1 and 2 from their current position at the end of the
sections pertaining to transaction fees and rebates, to the end of the
Fee Schedule where they would be more logically placed.
    Pursuant to Exchange Rule 16.1(c), the Exchange will ``provide ETP
Holders with notice of all relevant dues, fees, assessments and charges
of the Exchange'' through the issuance of an Information Circular and
will post the Fee Schedule and the instant rule filing on the
Exchange's Web site, www.nsx.com.
 2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\8\ in general and, in
particular, Section 6(b)(4) of the Act,\9\ which requires that the
rules of a national securities exchange provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities. The
proposed rule change is also consistent with Section 6(b)(5) of the
Act,\10\ which requires, among other things, that the rules of a
national securities exchange not permit unfair discrimination between
customers, issuers, brokers, or dealers, and be designed 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.\11\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ The Exchange notes that in the past it has offered, as a
part of its Fee Schedule, similar MDR sharing programs. See fn. 5,
supra.
---------------------------------------------------------------------------

    The Exchange submits that the MDR sharing program is equitable and
reasonable, as required by Section 6(b)(4) of the Act. The Exchange
believes that the MDR sharing program's volume thresholds are
reasonable because they have been set at levels that make the MDR
sharing program cost effective for both the Exchange and ETP Holders
and, through the issuance of MDR credits, will incentivize Exchange
participants to add liquidity to the Exchange. This will result in
greater price discovery and price improvement for ETP Holders. The
Exchange's process for adjusting credits based on adjustments made by
the SIP is also reasonable as it will ensure that the credits received
by ETP Holders are accurate. Setting a threshold for adjusting credits
in an amount equal to or greater than $250 is reasonable in that it
takes into account the administrative costs to the Exchange and ETP
Holder of processing de minimis adjustments.
    The MDR sharing program is equitable because each ETP Holder will
be subject to the same tiers and thresholds for the MDR sharing
program. Additionally, each ETP Holder has the same opportunity to
enter and execute any amount of non-displayed and displayed liquidity
on the Exchange in order to receive an MDR credit. Thus, the Fee
Schedule provides for a streamlined and equitable MDR sharing program
which, the Exchange believes, will operate to encourage increased
quoting and trading by ETP Holders on the Exchange.
    The Exchange further submits that the proposed MDR sharing program
satisfies the requirements of Section 6(b)(5) of the Act in that it
does not permit unfair discrimination between customers, issuers,
brokers, or dealers, is designed 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. Under the
proposed changes to the Fee Schedule, all ETP Holders executing orders
on the Exchange will be subject to the same MDR sharing structure, and
such changes are thereby designed to meet the requirements of the
Section 6(b)(5) that the rules of the Exchange not permit unfair
discrimination among ETP Holders and their customers.
    The Exchange submits that the proposal will promote just and
equitable principles of trade by providing a streamlined MDR sharing
program that will potentially attract more volume on the Exchange in
displayed orders in securities priced at $1.00 and above. Incentivizing
ETP Holders to add displayed liquidity at levels that would result in
the MDR credit would also operate to lower the cost to those ETP
Holders of executing trades on the Exchange by allowing them to share
in the MDR derived from their activity. Moreover, the Exchange believes
that incentivizing market participants to post and to access the
liquidity on the NSX Book would inure to the benefit of all market
participants seeking greater and better execution opportunities. In
this regard, the proposed Fee Schedule will promote just and equitable
principles of trade and operate to remove impediments to and perfect
the mechanism of a free and open market and a national market system
under Section 6(b)(5).

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change amends the Fee Schedule, which applies uniformly to all ETP
Holders accessing the Exchange. Moreover, the proposed MDR credits will
enhance rather than burden competition by operating to incentivize
increased liquidity and improve execution quality on the Exchange
through reasonable and equitably allocated economic incentives.

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

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

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The proposed rule change has taken effect upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \12\ and subparagraph (f)(2) of Rule
19b-4.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2016-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2016-03. This file
number should be included on the subject line if email 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 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-NSX-2016-03 and should be
submitted on or before July 8, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14311 Filed 6-16-16; 8:45 am]
 BILLING CODE 8011-01-P