[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69148-69150]
[FR Doc No: 2010-28330]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63244; File No. SR-CBOE-2010-100]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated: Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to PULSe Fees

November 4, 2010.
    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 October 28, 2010, the Chicago Board Options Exchange,
Incorporated (``CBOE'' 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 CBOE. The Exchange has designated this proposal as one establishing
or changing a due, fee, or other charge imposed by CBOE under Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend its fees schedule as it relates
to the PULSe workstation. The text of the proposed rule change is
available on the Exchange's Web site (http://www.cboe.org/legal), at
the Exchange's Office of the Secretary and at the Commission.

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

    In its filing with the Commission, CBOE 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. CBOE has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to address the use of
the PULSe workstation for C2 Options Exchange, Incorporated (``C2''),
to expand on the description of the PULSe workstation licensing
process, to revise the monthly PULSe workstation fee schedule to
introduce a reduction for certain non-Trading Permit Holder (``TPH'')
workstations, to introduce a new fee for non-standard services, to
extend the Routing Intermediary fee waiver, and to delete outdated text
from the CBOE fees schedule.
    By way of background, the PULSe workstation is a front-end order
entry system designed for use with respect to orders that may be sent
to the trading systems of CBOE and CBOE Stock Exchange (``CBSX''). In
addition, the PULSe workstation provides a user with the capability to
send options orders to other U.S. options exchanges and stock orders to
other U.S. stock exchanges through a ``PULSe Routing Intermediary''
(``away-market routing''). In anticipation of the launch of the PULSe
workstation, the Exchange previously filed a rule change, SR-CBOE-2010-
051, that established a monthly PULSe workstation fee, an away-market
routing fee, and a Routing Intermediary fee (which fee has been waived
through November 30, 2010) for CBOE and CBSX TPHs.\5\
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    \5\ See Securities Exchange Act Release No. 62286 (June 11,
2010), 75 FR 34799 (June 18, 2010) (SR-CBOE-2010-051). TPHs were
previously referred to as ``members'' in the Exchange Rules,
however, references to ``members'' have been replaced with the term
Trading Permit Holders or TPH. See, e.g., Securities Exchange Act
Release No. 62382 (June 25, 2010), 75 FR 38164 (July 1, 2010) (SR-
CBOE-2010-058).
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    The first purpose of this proposed rule change is to address the
use of the PULSe workstation for CBOE/CBSX affiliate, C2, which is
anticipated to initiate trading on October 29, 2010. In rule filing SR-
CBOE-2010-051, the Exchange noted that C2 had not yet begun trading and
that use of the PULSe workstation as a front-end system interface to C2
would be addressed in a separate rule filing prior to the initiation of
trading on C2. In that regard, C2 intends to submit a separate rule
change proposing that Signal Trading Systems, LLC (``STS''), an
affiliate of CBOE, make the PULSe workstation available to C2 TPHs and
to incorporate the PULSe workstation, away-market routing and Routing
Intermediary fees into the C2 fees schedule.
    The Exchange notes that the PULSe workstation offers the ability to
route orders to any market, including C2. Therefore, to the extent a
CBOE TPH that is also a C2 TPH obtains a PULSe workstation through
CBOE, it is not necessary for that TPH to obtain a separate PULSe
workstation through C2 to route orders to C2. When the PULSe
workstation is made available through CBOE to a CBOE TPH that is also a
C2 TPH, the PULSe workstation, away-market routing and Routing
Intermediary fees would be assessed by CBOE only (e.g., the monthly fee
for a CBOE TPH for one PULSe workstation is $350 and the monthly fee
for a C2 TPH for one PULSe workstation is $350; if a PULSe workstation
is made available through CBOE to a CBOE TPH that is also a C2 TPH, the
monthly fee would be $350, not $700). To the extent a CBOE TPH is also
a C2 TPH, the away-market routing fee would not apply for the TPH's
executions on CBOE or C2 because the fee is only applicable for away-
market routing. The TPH would not be routing away, but instead would be
submitting orders directly to CBOE as a CBOE TPH or C2 as a C2 TPH, as
applicable, where the TPH's activity would be subject to the
transaction fee schedule of CBOE or C2, respectively. However, to the
extent a CBOE TPH is not a C2 TPH, the away-market routing fee would
apply to the CBOE TPH's executions on C2.
    As described in rule filing SR-CBOE-2010-051, the PULSe workstation
is currently configured by the Exchange to cause CBOE (CBSX) to be the
default destination exchange for individually executed marketable
option (stock) orders if CBOE (CBSX) is at the national best bid or
offer (``NBBO''), regardless of size or time, but allow any user to
manually override CBOE (CBSX) as the default destination on an order-
by-order basis. The workstation also incorporates a function allowing
option (stock) orders at a specified price to be sent to multiple
exchanges with a single click (``sweep function''), and the sweep
function is configured by the Exchange to cause an option (stock) order
to be sent to CBOE (CBSX) for up to the full size quoted by CBOE (CBSX)
if CBOE (CBSX) is at the NBBO. Given the initiation of trading on C2,
the Exchange is herein proposing to revise the default parameters with
respect to options to provide that the PULSe workstation may be
configured by the Exchange to cause CBOE and/or C2 to be the default
destination exchange(s). Consistent with rule filing SR-CBOE-2010-051,
any user may manually override CBOE and/or C2 as the default option
exchange

destination(s) on an order-by-order basis. The Exchange notes that the
away-market routing functionality is offered as a convenience to TPHs
and is not an exclusive means available to a TPH to send orders
intermarket.\6\
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    \6\ With respect to options (stocks), the Exchange also notes
that the away-market functionality in the PULSe workstation will not
displace the provisions of the Options Order Protection and Locked/
Crossed Market Plan (Regulation NMS), which will continue to apply
in the circumstances described in the Plan (Regulation NMS).
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    The second purpose of this proposed rule change is to refine the
PULSe workstation licensing process. In rule filing SR-CBOE-2010-051,
the Exchange indicated that the PULSe workstation will be made
available by STS. The filing indicated that STS will grant licenses to
use the workstation directly to CBOE and CBSX TPHs. In addition, the
filing indicated that TPHs may also make the workstation available to
their customers, including sponsored users.\7\ CBOE is herein proposing
to expand on the description of the licensing process to provide that
STS has the ability to grant licenses to use the workstation directly
to TPHs or TPHs' customers. STS would also have the ability, if it
determines to do so, to permit TPHs to make the workstation available
to their customers, including sponsored users, through the use of a
sublicense. Whether the workstation technology is made available to
TPHs' customers through a direct license or sublicense, any order
routed to CBOE or CBSX through a PULSe workstation must continue to be
routed through a TPH or by a sponsored user (whose orders are sponsored
by a TPH). The TPH will also remain responsible for any applicable
PULSe fees.
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    \7\ The PULSe workstation may be made available by a TPH to its
customers on a pass-through basis (where orders pass through the
TPH's systems prior to reaching the Exchange) or a sponsored access
basis. To the extent that a TPH makes the workstation available to a
customer on a sponsored access basis, the customer would be
considered a ``sponsored user'' and the TPH-customer relationship
would be considered a Sponsoring Participant/Sponsored User
relationship subject to the requirements of Rule 6.20A, Sponsored
Users.
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    The third purpose of this proposed rule change is to revise the
monthly PULSe workstation fee schedule. As indicated above, TPHs may
make the workstation available to their customers, which may include
non-broker dealer public customers and non-TPH broker dealers (referred
to herein as ``non-TPHs''). For such non-TPH workstations, the Exchange
is proposing to introduce a flat fee of $350/month per workstation. In
instances where two or more TPHs wish to make a PULSe workstation
available to the same non-TPH customer, the Exchange is proposing to
introduce a fee reduction. Under the reduction, if two or more TPHs
make the PULSe workstation available to the same non-TPH customer, then
the monthly fee will be $250 per workstation per TPH. The Exchange
believes it is reasonable and appropriate to reduce the monthly fee in
these instances because, while we would still establish and maintain
PULSe workstation technology arrangements with each TPH, we also
anticipate that the non-TPH's use of the workstation would be
distributed among the TPHs.
    The fourth purpose of this proposed rule change is to introduce a
fee for non-standard services provided by STS. Non-standard services
may include time and materials for non-standard installations of or
modifications to PULSe to accommodate a TPH's use of PULSe with other
technologies. The Exchange is proposing a fee of $350 per hour plus
costs.
    The fifth purpose of this proposed rule change is to extend the
waiver of the Routing Intermediary fee. Currently the Exchange has
waived the Routing Intermediary through November 30, 2010. The Exchange
is proposing to extend this waiver through December 31, 2010. Thus this
fee will be assessed beginning January 1, 2011.
    Finally, the sixth purpose of this proposed rule change is to
delete outdated text from the CBOE fees schedule. Specifically, the
Exchange had waived the PULSe workstation and away-market routing fees
through September 15, 2010 and September 30, 2010, respectively. As
those dates have passed and the Exchange does not intend to extend the
fee waivers, the Exchange is proposing to remove references to the
waiver dates from the fees schedule.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\8\ in general, and furthers the objectives of Section 6(b)(4) of
the Act,\9\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
TPHs in that the same fees and fee waivers are applicable to all users
of the PULSe workstation.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule 19b-4
\11\ thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2010-100 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2010-100. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the

submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for 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 a.m. and 3 p.m.
Copies of such filing also will be available for inspection and copying
at the principal office of CBOE. 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-CBOE-2010-100 and should be submitted on or before
December 1, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28330 Filed 11-9-10; 8:45 am]
BILLING CODE 8011-01-P


FILE NAME: biopetit. wpt ( 1/ 1/ 2006) ( xml)

Number: P4 ATTENTION:

All commodity terms must comply with the Food and Feed Commodity Vocabulary database ( http:// www. epa. gov/ pesticides/ foodfeed/).

All text in blue font ( instructions for preparing the document), should be removed prior to sending the document to the Federal Register Staff. Instructional text and prompts in green font should also be removed.

EPA BIOPESTICIDES AND POLLUTION PREVENTION DIVISION COMPANY NOTICE OF FILING TEMPLATE FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER ( 1/ 1/ 2006)

EPA Biopesticides and Pollution Prevention Division contact: [ Rebecca Edelstein 703 605 0513]

INSTRUCTIONS: Use this template in preparing your notice of filing for your company's pesticide petition. In cases where the outline element does not apply, insert " NA Remove" and maintain the outline. The comment balloons appearing in the left margin contain Government Printing Office ( GPO) typesetting codes which expedite the Federal Register ( FR) publication process at EPA for the FR document containing your company's pesticide petition. In the template, do not remove or alter the comment balloons; change the margins, font, or format; or use the WordPerfect comment function. Follow the instructions that appear italicized, color coded, and bracketed.

SUBMISSION: E mail the completed template to: hollis. linda@ epa. gov.

TEMPLATE:

[ BioProdex]

[ Insert petition number]

EPA has received a pesticide petition [ insert petition number] from [ Interregional Research Project Number 4 ( IR 4), Rutgers University] , [ Technology Center of New Jersey, 681 US Highway 1, South, North Brunswick, New Jersey 08902 3390 on behalf of BioProdex, Inc., Gainesville Technology Enterprise Center ( GTEC) , Box 5, Suite 205, 2153 2 SE Hawthorne Road, Gainesville, FL 32641 ], proposing pursuant to section 408( d) of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a( d), to amend 40 CFR part 180 Options ( pick one)

1. by establishing a tolerance for residues of the 2. to establish an exemption from the requirement of a tolerance for the 3. to establish an amendment/ expansion of an existing tolerance exemption for the Options ( pick one)

1. microbial pesticide [ Tobacco Mild Green Mosaic Tobamovirus , ATCC number PV 1200]

2. biochemical pesticide [ insert name of active ingredient]

3. plant pesticide [ insert name of active ingredient] in or on [ insert commodity].

Pursuant to section 408( d)( 2)( A)( i) of the FFDCA, as amended, [ Interregional Research Project Number 4 ( IR 4), Rutgers University] , [ Technology Center of New Jersey, 681 US Highway 1, South, North Brunswick, New Jersey 08902 3390 on behalf of BioProdex, Inc., Gainesville Technology Enterprise Center ( GTEC) , Box 5, Suite 205, 2153 SE Hawthorne Road, Gainesville, FL 32641] has submitted the following summary of information, data, and arguments in support of their pesticide petition. This summary was prepared by [ Interregional Research Project Number 4 ( IR 4), Rutgers University] , [ Technology Center of New Jersey, 681 US Highway 1, South, North Brunswick, New Jersey 08902 3390 on behalf of BioProdex, Inc., Gainesville Technology Enterprise Center ( GTEC) , Box 5, Suite 205, 2153 SE Hawthorne Road, Gainesville, FL 32641] and EPA has not fully evaluated the merits of the pesticide petition. The summary may have been edited by EPA if the terminology used was unclear, the summary contained extraneous material, or the summary unintentionally made the reader conclude that the findings reflected EPA's position and not the position of the petitioner.

I. [ Interregional Research Project Number 4 ( IR 4), Rutgers University] , [ Technology Center of New Jersey, 681 US Highway 1, South, North Brunswick, New Jersey 08902 3390 on behalf of BioProdex, Inc., Gainesville Technology Enterprise Center ( GTEC) , Box 5, Suite 205, 2153 SE Hawthorne Road, Gainesville, FL 32641 ] Petition Summary [ Insert petition number]

A. Product name and Proposed Use Practices 3 [ Tobacco Mild Green Mosaic Tobamovirus , ATCC number PV 1200 is the active ingredient in the end use product Solvinix. Solvinix is a postemergence bioherbicide for the control of the weed Tropical Soda Apple ( Solanum viarum). Ten grams of the end use product are diluted with 10 gallons of water and applied with a wiper applicator at 1 gallon per acre or spot sprayed with 2 gallons of water per acre. ]

B. Product Identity/ Chemistry 1. Identity of the pesticide and corresponding residues. [ Tobacco Mild Green Mosaic Tobamovirus , ATCC number PV 1200 is the active ingredient in the end use product Solvinix.]

2. Magnitude of residue at the time of harvest and method used to determine the residue. [ Tobacco Mild Green Mosaic Tobamovirus is a naturally occurring Tobamovirus which is found worldwide. The intended use of the product is on the weed Tropical Soda Apple. It is not intended for direct application on food crops. Tobacco Mild Green Mosaic Tobamovirus normally occurs in many fruiting vegetables, cucurbits, tobacco and many other crops. Label directions specifically state not to apply the product within 300 feet of eggplant, pepper, tomatillo and tobacco crops therefore the use of this product is not expected to impact the residues of Tobacco Mild Green Mosaic Tobamovirus on these or other crops.]

3. A statement of why an analytical method for detecting and measuring the levels of the pesticide residue are not needed. [ Tobacco Mild Green Mosaic Tobamovirus is a naturally occurring Tobamovirus which is found worldwide. An exemption from the requirement of a tolerance is being requested. Tobacco Mild Green Mosaic Tobamovirus normally occurs in many fruiting vegetables, cucurbits, tobacco and many other crops. Since it may already be present in crops it is indistinguishable from that which is normally present. In addition since an exemption from tolerance is being requested there is no need to analyze for residues.]

C. Mammalian Toxicological Profile [ Tobacco Mild Green Mosaic Tobamovirus is a naturally occurring Tobamovirus which is found worldwide. It is a plant Tobamovirus that does not infect nor is toxic or pathogenic to insects, invertebrates, vertebrates, mammals or humans. This is due to the fact that the cell surface plays an important role in the early stages of infection of eukaryote, especially animal cells. Animal viruses interact specifically with surface components and plant viruses such as Tobacco Mild Green Mosaic Tobamovirus lack the cell surface receptors and can only enter plants through plant wounds.]

D. Aggregate Exposure 4 1. Dietary exposure.

i. Food. [ Tobacco Mild Green Mosaic Tobamovirus is a naturally occurring Tobamovirus which is found worldwide. The intended use of the product is on the weed Tropical Soda Apple. It is not intended for direct application on food crops. Tobacco Mild Green Mosaic Tobamovirus normally occurs in many fruiting vegetables, cucurbits, tobacco and many other crops therefore man and animals are routinely exposed to Tobacco Mild Green Mosaic Tobamovirus]

ii. Drinking water. [ Tobacco Mild Green Mosaic Tobamovirus is a naturally occurring Tobamovirus which is found worldwide. The intended use of the product is on the weed Tropical Soda Apple. It is not intended for direct application in aquatic sites and tropical soda apple does not grow in flooded areas]

2. Non dietary exposure. [ The potential for non occupational , non dietary exposure to the general population is not expected to be significant. The product use rate is 2 grams per acre or less and is not expected to present any risk of adverse health effects.]

E. Cumulative Exposure [ There are no other registered products containing Tobacco Mild Green Mosaic Tobamovirus the Tobamovirus and does not produce any toxins. There are no expected cummulative effects with other pesticides.]

F. Safety Determination 1. U. S. population. [ Tobacco Mild Green Mosaic Tobamovirus is a naturally occurring Tobamovirus which is found worldwide. The intended use of the product is on the weed Tropical Soda Apple. It is not intended for direct application on food crops. Tobacco Mild Green Mosaic Tobamovirus normally occurs in many fruiting vegetables, cucurbits, tobacco and many other crops. Label directions specifically state not to apply the product within 300 feet of eggplant, pepper, tomatillo and tobacco crops therefore the use of this product is not expected to impact the residues of Tobacco Mild Green Mosaic Tobamovirus on these or other crops. It is a plant Tobamovirus that does not infect nor is toxic or pathogenic to insects, invertebrates, vertebrates, mammals or humans.]

2. Infants and children. [ Tobacco Mild Green Mosaic Tobamovirus is a naturally occurring Tobamovirus which is found worldwide. The intended use of the product is on the weed Tropical Soda Apple. It is not intended for direct application on food crops. Tobacco Mild Green Mosaic Tobamovirus normally occurs in many fruiting vegetables, cucurbits, tobacco and many other crops. Label directions specifically state not to apply the product within 300 feet of eggplant, pepper, tomatillo and tobacco crops therefore the use 5 of this product is not expected to impact the residues of Tobacco Mild Green Mosaic Tobamovirus on these or other crops. It is a plant Tobamovirus that does not infect nor is toxic or pathogenic to insects, invertebrates, vertebrates, mammals or humans.]

G. Effects on the Immune and Endocrine Systems [ Tobacco Mild Green Mosaic Tobamovirus normally occurs in many fruiting vegetables, cucurbits, tobacco and many other crops, therefore man is routinely exposed to this plant Tobamovirus. There is no known evidence that Tobacco Mild Green Mosaic Tobamovirus functions in a manner similar to any known hormone, or that it acts as an endocrine disruptor.]

H. Existing Tolerances [ There are no known existing tolerances or tolerance exemptions for Tobacco Mild Green Mosaic Tobamovirus. Since it may already be present in crops it is indistinguishable from that which is normally present. An exemption from the requirement of a tolerance is being requested .

I. International Tolerances [ There are no known existing CODEX maximum residue levels or tolerance exemptions for Tobacco Mild Green Mosaic Tobamovirus.]

[ FR Doc. 06????? Filed ???? 06; 8: 45 am] [ BILLING CODE 6560 50 S]


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5604-5607]
[DOCID:fr30ja08-124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57187; File No. SR-Amex-2007-109]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of a Proposed Rule Change as Modified by Amendment No.
1 Thereto Relating to the Trading of Exchange Traded Notes (ETNs)

January 23, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\

notice is hereby given that on October 9, 2007, the American Stock
Exchange LLC (``Amex'' or ``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
substantially prepared by the Exchange. On January 11, 2008, the Amex
submitted Amendment No. 1 to the proposed rule change. The Commission
is publishing this notice to solicit comments on the proposed rule
change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 107 of the Amex Company
Guide (``Company Guide'') to permit certain index-linked securities,
commodity-linked securities, and currency-linked securities to trade
under the rules applicable to exchange-traded funds (``ETFs''). The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.amex.com.

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 aspects 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 Sections 107D, 107E and 107F of the
Company Guide to permit certain index-linked securities (``Index-Linked
Securities''), commodity-linked securities (``Commodity-Linked
Securities''), and currency-linked securities (``Currency-Linked
Securities'') (collectively, ``Exchange-Traded Notes or ETNs'') that
offer a weekly redemption feature to be traded subject to the AEMI
trading rules specific to ETFs.\3\
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    \3\ The Exchange states that with the introduction of iPath
Exchange-Traded Notes Issued by Barclays Bank PLC linked to the
performance of the CBOE S&P 500 BuyWrite Index (symbol: BWV) on May
23, 2007, the Exchange listed its first ETN that is structurally
similar to an ETF.
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    The Exchange believes that the existence of a weekly redemption
feature, at the option of the holder, ensures a strong correlation
between the market price of the ETN and the performance of the
underlying asset. This feature is similar to the daily redemption
feature available in ETFs. In addition, the Exchange notes that these
Exchange Traded Notes are typically continuously offered, on a daily
basis, so that the issuer would have the ability to issue new
securities from time to time at market prices. This process is similar
to the manner in which ETFs are continuously offered via the creation/
redemption process in Creation Unit aggregations (i.e., 50,000 shares).
Background
    The Exchange states that Securities listed pursuant to Section 107
of the Company Guide (``Section 107 Securities'') are debt securities
of an issuer that typically provide for a cash payment at maturity, or
if available, upon earlier redemption (such as a weekly redemption
feature) at the holder's option, based on the performance of an
underlying index or asset. Permitted underlying assets for Index-Linked
Securities include domestic and international equity indexes.
Commodity-Linked Securities may be based on a commodity index, basket
of commodities, or single commodity while Currency-Linked Securities
may similarly be linked to a currency index, basket of currencies, or
single currency.
    Section 107 Securities typically have a term of at least one (1)
year but not greater than 30 years. The issuer may or may not provide
for periodic interest payments to holders. The holder of a Section 107
Security may or may not be fully exposed to the appreciation and/or
depreciation of the underlying asset.
    A number of Section 107 Securities based on securities indexes that
are listed and traded on the Exchange provide for a payment amount in a
multiple of the positive index return or performance, subject to a
maximum gain or cap. The Exchange's generic listing standards in
connection with Section 107 Securities allow for the multiple
performance on the upside but prohibit payment at maturity based on a
multiple of the negative performance of an underlying asset. Section
107 Securities may or may not provide for a minimum guaranteed amount
to be repaid, i.e., ``principal protection.'' The Exchange believes
that the flexibility to list a variety of Section 107 Securities offers
investors the opportunity to more precisely focus their specific
investment strategies.
    Section 107 Securities do not give the holder a right to receive
the underlying asset or any other ownership right or interest in the
underlying portfolio. The current value of the underlying asset is
required to be widely disseminated at least every 15 seconds during the
trading day.
    The Exchange submits that Section 107 Securities are ``hybrid''
securities whose rates of return are largely the result of the
performance of an underlying asset. Prior to the listing and trading of
Section 107 Securities, the Exchange states that it typically
highlights and discloses the special risks and characteristics of such
security in an Information Circular.
Current Rules
    Sections 107D,\4\ 107E,\5\ and 107F \6\ of the Company Guide treat
Index-Linked Securities, Commodity-Linked Securities and Currency-
Linked Securities as equity instruments subject to the Exchange's AEMI
trading rules for equities. The only exception to this requirement is
when a Section 107 Security is listed as a bond or debt (i.e., in
$1,000 denominations). In such a case, the Section 107 Security will be
subject to Exchange rules applicable to bond or debt securities.\7\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 51563 (April 15,
2005), 70 FR 21257 (April 25, 2005) (SR-Amex-2005-001).
    \5\ See Securities Exchange Act Release No. 55794 (May 22,
2007), 72 FR 29558 (May 29, 2007) (SR-Amex-2007-45).
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    Because the current Rules deem ETNs and other Section 107
Securities as ``equity instruments,'' the full range of AEMI trading
rules specific to equities apply to all Section 107 Securities
regardless of the particular structure of the Section 107 Security. In
connection with an ETN that is continuously-offered with a weekly
redemption option (such as BWV), the Exchange believes that the AEMI
trading rules applicable to ETFs (rather than equities) should equally
apply to such ETN.
Proposal
    In order to qualify, the ETN would be required to offer a weekly
redemption option to holders (``Eligible ETNs'').\8\

The Exchange believes that the redemption feature coupled with the
effective continuous offering ensures a strong correlation between the
price of the underlying asset and the performance of the Eligible ETN.
This is similar to how ETFs have historically been structured.
Accordingly, the Exchange submits that the specific AEMI trading rules
developed for ETFs should also apply to Eligible ETNs.
---------------------------------------------------------------------------

    \8\ See e-mail from Jeffrey P. Burns, Vice President & Associate
General Counsel, Exchange, to Geoffrey Pemble and Michou Nguyen,
Special Counsels, Division of Trading and Markets, Commission, on
January 17, 2008.
---------------------------------------------------------------------------

    The following rules specifically applicable to ETF trading would
apply to the trading of Eligible ETNs:
     Rule 108--AEMI(c). The execution of Eligible ETN orders at
the opening would be effected in the same manner as ETFs so that orders
in Eligible ETNs would be executed before any broker-dealer bids or
offers.
     Rule 110--AEMI(p). A Registered Trader in ETFs (including
Eligible ETNs) would only actively quote ETFs traded on the same or
contiguous panels for a maximum of three contiguous panels. A
Registered Trader would also not actively quote more than a maximum of
15 ETFs (including Eligible ETNs). A Senior Floor Official of the
Exchange may modify this restriction if a Registered Trader is able to
appropriately fulfill his obligations to the market due to the level of
activity in the ETFs and their proximity.
     Rule 128A--AEMI(d)(iv). Any quotation in an ETF entered
into the AEMI platform by the specialist or Registered Trader while
Auto-Ex is enabled that would cause the Amex Published Quote (APQ) to
be locked or crossed would be automatically executed. In the case of a
non-ETF Amex-listed security or a non-Nasdaq UTP equity security,
quotations that are entered into the AEMI platform by the specialist
while Auto-Ex is enabled that would cause the APQ to cross would be
rejected. Therefore, Eligible ETNs would be automatically executed,
rather than rejected, when a specialist or Registered Trader quotation
causes the APQ to be locked/crossed when Auto-Ex is enabled.
     Rule 128A--AEMI(f)(iv). AEMI does not automatically
execute non-ETF orders when the automatic execution of an order exceeds
the price change parameters of the ``1%, 2, 1, \1/2\ point'' rule. This
rule does not apply to ETFs and would accordingly not apply to the
trading of Eligible ETNs.
     Rule 131--AEMI(o). AEMI rejects ``too marketable'' non-ETF
stop and stop limit orders. ``Too marketable'' is defined as a buy stop
order received during the regular trading session with a stop price
equal to the bid or lower, or a sell stop order received during the
regular trading session with a stop price equal to the offer or higher.
ETF stop orders that are ``too marketable'' are executed by AEMI under
this Rule, and accordingly, Eligible ETN stop orders would similarly be
executed.
     Rule 131--AEMI(r). AEMI does not accept electronic cross
orders for non-ETFs and non-Nasdaq UTP securities. As a result,
electronic cross orders are acceptable only for ETFs. As proposed,
electronic cross orders for Eligible ETNs would be acceptable in AEMI.
     Rule 154--AEMI(c)(i). The Stop Order Rule requires floor
official approval prior to the specialist electing a stop order by
selling to the bid/buying on the offer. Prior floor official approval
is not required for ETFs and would similarly not apply to Eligible
ETNs.
     Rule 154--AEMI(c)(ii). Stop and stop limit orders in ETFs
are elected by a quotation, although such orders in non-ETFs are not.
Accordingly, stop and stop limit orders in Eligible ETNs would
similarly be elected by quotation, pursuant to this rule.
     Rule 154--AEMI(e). Maximum price variation requirements
are set forth in Rule 154--AEMI(e) (also known as the ``1%-2, 1, .5
Point Rule). This Rule specifically provides that it does not apply to
the trading of ETFs. Accordingly, Rule 154--AEMI(e) would similarly not
apply to Eligible ETNs.
     Commentary .03 to Rule 170--AEMI. A specialist quotation,
made for his own account, should be such that a transaction effected at
his quoted price or within the quoted spread, whether having the effect
of reducing or increasing the specialist's position, would bear a
proper relation, in the case of ETFs or other derivatively-based
securities, to the value of underlying or related securities. Eligible
ETNs would similarly be subject to this requirement.
     Commentary .11 to Rule 170--AEMI. Commentary .11 to Rule
170--AEMI specifically exempts ETFs from the stabilization
requirements. Accordingly, Eligible ETNs would similarly be exempt.
     Rule 206--AEMI. This Rule prohibits a specialist from
crossing the market for the purpose of electing odd-lots and requires
floor official approval in various circumstances for non-ETFs. The
exemption for ETFs would similarly apply to Eligible ETNs.
    Eligible ETNs would be subject to the same parity allocation as
currently exists for ETFs and other equity-traded products that are not
listed stocks, UTP stocks, or closed-end funds. In addition, Rule 110--
AEMI (o), among other things, permits market makers (i.e., ``Registered
Traders'') to participate in transactions in Section 107 Securities,
including Eligible ETNs. However, due to the manner in which Eligible
ETNs are designated in the AEMI platform as ``equities'' consistent
with Sections 107D, 107E and 107F, AEMI effectively prevents Registered
Traders from receiving a parity allocation consistent with Rule 126--
AEMI(c). In addition, the proposal would also provide Registered
Traders with a greater ability to trade Eligible ETNs through the
parity allocation process and the designation of such Eligible ETNs as
``ETFs.'' Accordingly, the Exchange believes that the proposal would
better coordinate the requirements in AEMI by permitting the
designation of Eligible ETNs as ETFs subject to the AEMI trading rules
applicable to ETFs.\9\
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\10\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\11\ in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transaction in
securities, remove impediments to and perfect the mechanism of a free
and open market and a national market system, and, in general to
protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(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 Act.

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

    The Exchange did not receive any written comment on the proposed
rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to

90 days of such date if it finds such longer period to be appropriate
and publishes its reasons for so finding, or (ii) as to which the
Exchange consents, the Commission will:
    A. By order approve the proposed rule change or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2007-109 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-109. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such 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-Amex-2007-109 and should be
submitted on or before February 20, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-1612 Filed 1-29-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30227-30228]
[FR Doc No: 2015-12705]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1743-000]

Summer Energy of Ohio LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Summer Energy of Ohio LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 8, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email

<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: May 20, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-12705 Filed 5-26-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56309-56311]
[FR Doc No: 2017-25646]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82144; File No. S7-04-09]

Order Extending Conditional Temporary Exemption for Nationally
Recognized Statistical Rating Organizations From Requirements of Rule
17g-5(A)(3) Under the Securities Exchange Act of 1934

November 22, 2017.

I. Introduction

    On May 19, 2010, the Securities and Exchange Commission
(``Commission'') conditionally exempted, with respect to certain credit
ratings and until December 2, 2010, nationally recognized statistical
rating organizations (``NRSROs'') from certain requirements in Rule
17g-5(a)(3) \1\ under the Securities Exchange Act of 1934 (``Exchange
Act''), which had a compliance date of June 2, 2010.\2\ Pursuant to the
Order, an NRSRO is not required to comply with Rule 17g-5(a)(3) until
December 2, 2010 with respect to credit ratings where: (1) The issuer
of the structured finance product is a non-U.S. person; and (2) the
NRSRO has a reasonable basis to conclude that the structured finance
product will be offered and sold upon issuance, and that any arranger
linked to the structured finance product will effect transactions of
the structured finance product after issuance, only in transactions
that occur outside the U.S. (``covered transactions'').\3\ The
conditional temporary exemption was extended until December 2, 2011,
and subsequently further extended until December 2, 2017.\4\ The
Commission is extending the conditional temporary exemption exempting
NRSROs from complying with Rule 17g-5(a)(3) with respect to rating
covered transactions until the earlier of (i) December 2, 2019, or (ii)
the compliance date set forth in any final rule that may be adopted by
the Commission that provides for a similar exemption.
---------------------------------------------------------------------------

    \1\ See 17 CFR 240.17g-5(a)(3).
    \2\ See Exchange Act Release No. 62120 (May 19, 2010), 75 FR
28825 (May 24, 2010) (``Order'').
    \3\ See id. at 28827-28 (setting forth conditions of relief).
    \4\ See Exchange Act Release No. 34-76183 (Oct. 16, 2015), 80 FR
64031 (Oct. 22, 2015); see also Exchange Act Release No. 34-73649
(Nov. 19, 2014), 79 FR 70261 (Nov. 25, 2014), Exchange Act Release
No. 34-70919 (Nov. 22, 2013), 78 FR 70984 (Nov. 27, 2013), Exchange
Act Release No. 34-68286 (Nov. 26, 2012), 77 FR 71201(Nov. 29,
2012), Exchange Act Release No. 65765 (Nov. 16, 2011), 76 FR 72227
(Nov. 22, 2011), and Exchange Act Release No. 63363 (Nov. 23, 2010),
75 FR 73137 (Nov. 29, 2010) (collectively, the ``Extension
Orders'').
---------------------------------------------------------------------------

II. Background

    Rule 17g-5 identifies, in paragraphs (b) and (c) of the rule, a
series of conflicts of interest arising from the business of
determining credit ratings.\5\ Paragraph (a) of Rule 17g-5 \6\
prohibits an NRSRO from issuing or maintaining a credit rating if it is
subject to the conflicts of interest identified in paragraph (b) of
Rule 17g-5 unless the NRSRO has taken the steps prescribed in paragraph
(a)(1) (i.e., disclosed the type of conflict of interest in Exhibit 6
to Form NRSRO in accordance with Section 15E(a)(1)(B)(vi) of the
Exchange Act \7\ and Rule 17g-1 \8\) and paragraph (a)(2) (i.e.,
established and is maintaining and enforcing written policies and
procedures to address and manage conflicts of interest in accordance
with Section 15E(h) of the Exchange Act \9\). Paragraph (c) of Rule
17g-5 specifically prohibits eight types of conflicts of interest.
Consequently, an NRSRO is prohibited from issuing or maintaining a
credit rating when it is subject to these conflicts regardless of
whether it had disclosed them and established procedures reasonably
designed to address them.
---------------------------------------------------------------------------

    \5\ 17 CFR 240.17g-5(b) and (c).
    \6\ 17 CFR 240.17g-5(a).
    \7\ 15 U.S.C. 78o-7(a)(1)(B)(vi).
    \8\ 17 CFR 240.17g-1.
    \9\ 15 U.S.C. 78o-7(h).
---------------------------------------------------------------------------

    In November 2009, the Commission adopted paragraph (a)(3) of Rule
17g-5. This provision requires an NRSRO that is hired by an arranger to
determine an initial credit rating for a structured finance product to
take certain steps designed to allow an NRSRO that is not hired by the
arranger to nonetheless determine an initial credit rating--and
subsequently monitor that credit rating--for the structured finance
product.\10\ In particular, under Rule 17g-5(a)(3), an NRSRO is
prohibited from issuing or maintaining a credit rating when it is
subject to the conflict of interest identified in paragraph (b)(9) of
Rule 17g-5 (i.e., being hired by an arranger to determine a credit
rating for a structured finance product) \11\ unless it has taken the
steps prescribed in paragraphs (a)(1) and (2) of Rule 17g-5 (discussed
above) and the steps prescribed in paragraph (a)(3) of Rule

17g-5.\12\ Rule 17g-5(a)(3), among other things, requires that the
NRSRO must:
---------------------------------------------------------------------------

    \10\ See 17 CFR 240.17g-5(a)(3); see also Exchange Act Release
No. 61050 (Nov. 23, 2009), 74 FR 63832 (Dec. 4, 2009) (``Adopting
Release'') at 63844-45.
    \11\ Paragraph (b)(9) of Rule 17g-5 identifies the following
conflict of interest: Issuing or maintaining a credit rating for a
security or money market instrument issued by an asset pool or as
part of any asset-backed securities transaction that was paid for by
the issuer, sponsor, or underwriter of the security or money market
instrument. 17 CFR 240.17g-5(b)(9).
    \12\ 17 CFR 240.17g-5(a)(3).
---------------------------------------------------------------------------

     Maintain on a password-protected Internet Web site a list
of each structured finance product for which it currently is in the
process of determining an initial credit rating in chronological order
and identifying the type of structured finance product, the name of the
issuer, the date the rating process was initiated, and the Internet Web
site address where the arranger represents the information provided to
the hired NRSRO can be accessed by other NRSROs;
     Provide free and unlimited access to such password-
protected Internet Web site during the applicable calendar year to any
NRSRO that provides it with a copy of the certification described in
paragraph (e) of Rule 17g-5 that covers that calendar year; \13\ and
---------------------------------------------------------------------------

    \13\ Paragraph (e) of Rule 17g-5 requires that an NRSRO seeking
to access the hired NRSRO's Internet Web site during the applicable
calendar year must furnish the Commission with the following
certification:
     The undersigned hereby certifies that it will access the
Internet Web sites described in 17 CFR 240.17g-5(a)(3) solely for
the purpose of determining or monitoring credit ratings. Further,
the undersigned certifies that it will keep the information it
accesses pursuant to 17 CFR 240.17g-5(a)(3) confidential and treat
it as material nonpublic information subject to its written policies
and procedures established, maintained, and enforced pursuant to
Section 15E(g)(1) of the Act (15 U.S.C. 78o-7(g)(1)) and 17 CFR
240.17g-4. Further, the undersigned certifies that it will determine
and maintain credit ratings for at least 10% of the issued
securities and money market instruments for which it accesses
information pursuant to 17 CFR 240.17g-5(a)(3)(iii), if it accesses
such information for 10 or more issued securities or money market
instruments in the calendar year covered by the certification.
Further, the undersigned certifies one of the following as
applicable: (1) In the most recent calendar year during which it
accessed information pursuant to Sec.  17 CFR 240.17g-5(a)(3), the
undersigned accessed information for [Insert Number] issued
securities and money market instruments through Internet Web sites
described in 17 CFR 240.17g-5(a)(3) and determined and maintained
credit ratings for [Insert Number] of such securities and money
market instruments; or (2) The undersigned previously has not
accessed information pursuant to 17 CFR 240.17g-5(a)(3) 10 or more
times during the most recently ended calendar year.
---------------------------------------------------------------------------

     Obtain from the arranger a written representation that can
reasonably be relied upon that the arranger will, among other things,
disclose on a password-protected Internet Web site the information it
provides to the hired NRSRO to determine the initial credit rating (and
monitor that credit rating) and provide access to the Web site to an
NRSRO that provides it with a copy of the certification described in
paragraph (e) of Rule 17g-5.\14\
---------------------------------------------------------------------------

    \14\ In particular, under paragraph (a)(3)(iii) of Rule 17g-5,
the arranger must represent to the hired NRSRO that it will:
    (1) Maintain the information described in paragraphs
(a)(3)(iii)(C), (a)(3)(iii)(D), and (a)(3)(iii)(E) of Rule 17g-5
available at an identified password-protected Internet Web site that
presents the information in a manner indicating which information
currently should be relied on to determine or monitor the credit
rating; (2) provide access to such password-protected Internet Web
site during the applicable calendar year to any NRSRO that provides
it with a copy of the certification described in paragraph (e) of
Rule 17g-5 that covers that calendar year, provided that such
certification indicates that the nationally recognized statistical
rating organization providing the certification either: (i)
Determined and maintained credit ratings for at least 10% of the
issued securities and money market instruments for which it accessed
information pursuant to paragraph (a)(3)(iii) of Rule 17g-5 in the
calendar year prior to the year covered by the certification, if it
accessed such information for 10 or more issued securities or money
market instruments; or (ii) has not accessed information pursuant to
paragraph (a)(3) of Rule 17g-5 10 or more times during the most
recently ended calendar year; (3) post on such password-protected
Internet Web site all information the arranger provides to the
NRSRO, or contracts with a third party to provide to the NRSRO, for
the purpose of determining the initial credit rating for the
security or money market instrument, including information about the
characteristics of the assets underlying or referenced by the
security or money market instrument, and the legal structure of the
security or money market instrument, at the same time such
information is provided to the NRSRO; (4) post on such password-
protected Internet Web site all information the arranger provides to
the NRSRO, or contracts with a third party to provide to the NRSRO,
for the purpose of undertaking credit rating surveillance on the
security or money market instrument, including information about the
characteristics and performance of the assets underlying or
referenced by the security or money market instrument at the same
time such information is provided to the NRSRO; and (5) post on such
password-protected Internet Web site, promptly after receipt, any
executed Form ABS Due Diligence--15E containing information about
the security or money market instrument delivered by a person
employed to provide third-party due diligence services with respect
to the security or money market instrument.
---------------------------------------------------------------------------

    The Commission stated in the Adopting Release that Rule 17g-5(a)(3)
is designed to address conflicts of interest and improve the quality of
credit ratings for structured finance products by making it possible
for more NRSROs to rate structured finance products.\15\ For example,
the Commission noted that when an NRSRO is hired to rate a structured
finance product, some of the information it relies on to determine the
rating is generally not made public.\16\ As a result, structured
finance products frequently are issued with ratings from only the one
or two NRSROs that have been hired by the arranger, with the attendant
conflict of interest that creates.\17\ The Commission stated that Rule
17g-5(a)(3) was designed to increase the number of credit ratings
extant for a given structured finance product and, in particular, to
promote the issuance of credit ratings by NRSROs that are not hired by
arrangers.\18\ The Commission's goal in adopting the rule was to
provide users of credit ratings with more views on the creditworthiness
of structured finance products.\19\ In addition, the Commission stated
that Rule 17g-5(a)(3) was designed to reduce the ability of arrangers
to obtain better than warranted ratings by exerting influence over
NRSROs hired to determine credit ratings for structured finance
products.\20\ Specifically, by opening up the rating process to more
NRSROs, the Commission intended to make it easier for the hired NRSRO
to resist such pressure by increasing the likelihood that any steps
taken to inappropriately favor the arranger could be exposed to the
market through the credit ratings issued by other NRSROs.\21\
---------------------------------------------------------------------------

    \15\ Adopting Release at 63844.
    \16\ Id.
    \17\ Id.
    \18\ Id.
    \19\ Id.
    \20\ Id.
    \21\ Id.
---------------------------------------------------------------------------

    Rule 17g-5(a)(3) became effective on February 2, 2010, and the
compliance date for Rule 17g-5(a)(3) was June 2, 2010.

III. Extension of Conditional Temporary Exemption

    In the Order, the Commission requested comment generally, but also
on a number of specific issues.\22\ The Commission received seven
comment letters in response to this solicitation of comment.\23\ The
commenters expressed concern that the application of Rule 17g-5(a)(3)
to transactions outside the United States could, in the commenters'
view, among other things, disrupt local securitization markets,\24\
inhibit the ability of local firms to raise capital,\25\ and conflict
with local laws.\26\ Several commenters also requested that the

conditional temporary exemption be extended or made permanent.\27\ The
Commission's Extension Orders again solicited public comment on issues
raised in connection with the application of Rule 17g-5(a)(3) outside
the United States. Commenters generally supported the exemption
regarding such application of the rule, with some commenters requesting
that the exemption be made permanent.\28\
---------------------------------------------------------------------------

    \22\ See Order at 28828.
    \23\ Letter from Masamichi Kono, Vice Commissioner for
International Affairs, Financial Services Agency, Japan, dated Nov.
12, 2010 (``Japan FSA Letter''); Letter from Masaru Ono, Executive
Director, Securitization Forum of Japan, dated Nov. 12, 2010 (``SFJ
Letter''); Letter from Rick Watson, Managing Director, Association
for Financial Markets in Europe/European Securitisation Forum, dated
Nov. 11, 2010 (``AFME Letter''); Letter from Tom Deutsch, Executive
Director, American Securitization Forum, and Chris Dalton, Chief
Executive Officer, Australian Securitisation Forum, dated Oct. 27,
2010 (``ASF/AuSF Letter''); Letter from Jack Rando, Director,
Capital Markets, Investment Industry Association of Canada, dated
Sep. 22, 2010 (``IIAC Letter''); Letter from Chris Dalton, Chief
Executive Officer, Australian Securitisation Forum, dated Jun. 27,
2010 (``AuSF Letter''); Letter from Takefumi Emori, Managing
Director, Japan Credit Rating Agency, Ltd. (``JCR''), dated Jun. 25,
2010 (``JCR Letter'').
    \24\ See Japan FSA Letter; SFJ Letter; AFME Letter; JCR Letter;
AuSF Letter.
    \25\ See AFME Letter; JCR Letter; AuSF Letter.
    \26\ See Japan FSA Letter; AFME Letter; JCR Letter; AuSF Letter;
IIAC Letter.
    \27\ See Japan FSA Letter; SFJ Letter; AFME Letter; JCR Letter;
ASF/AuSF Letter.
    \28\ Comment letters received in response to the requests for
comment regarding the application of Rule 17g-5(a)(3) to
transactions outside the United States are available at https://www.sec.gov/comments/s7-04-09/s70409.shtml. See, e.g., Letter from
Richard Hopkin, Managing Director & Head of Fixed Income,
Association for Financial Markets in Europe, dated Nov. 1, 2017;
Letter from Richard Johns, Executive Director, Structured Finance
Industry Group, and Chris Dalton, Chief Executive Officer,
Australian Securitisation Forum, dated Jul. 19, 2017.
---------------------------------------------------------------------------

    Given the continued concerns about potential disruptions of local
securitization markets, the staff of the Commission is considering
recommending that the Commission propose an amendment to Rule 17g-
5(a)(3) that would provide for a permanent exemption with respect to
credit ratings satisfying the conditions of the exemption. In order to
provide time for the Commission to consider any such a recommendation
and to avoid any disruption if the exemption were allowed to expire,
the Commission believes that it is necessary and appropriate in the
public interest, and consistent with the protection of investors, to
extend the conditional temporary exemption until the earlier of (i)
December 2, 2019, or (ii) the compliance date set forth in any final
rule that may be adopted by the Commission that provides for a similar
exemption.

IV. Conclusion

    Accordingly,
    It is hereby ordered, pursuant to Section 36 of the Exchange Act,
that a nationally recognized statistical rating organization is exempt
from the requirements in Rule 17g-5(a)(3) (17 CFR 240.17g-5(a)(3)) for
credit ratings where:
    (1) The issuer of the security or money market instrument is not a
U.S. person (as defined under Securities Act Rule 902(k)); and
    (2) The nationally recognized statistical rating organization has a
reasonable basis to conclude that the structured finance product will
be offered and sold upon issuance, and that any arranger linked to the
structured finance product will effect transactions of the structured
finance product after issuance, only in transactions that occur outside
the U.S.,
    Until the earlier of (i) December 2, 2019, or (ii) the compliance
date set forth in any final rule that may be adopted by the Commission
that provides for a similar exemption.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2017-25646 Filed 11-27-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Proposed Rules]
[Pages 28436-28437]
[FR Doc No: 2019-12898]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0890; Airspace Docket No. 16-ACE-10]
RIN 2120-AA66

Proposed Establishment of Class D and E Airspace; Wichita, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class D airspace and Class E
airspace designated as surface area, at Beech Factory Airport, Wichita,
KS. The FAA is proposing this action for the safety and management of
instrument flight rules (IFR) operations at the airport.

DATES: Comments must be received on or before August 5, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket NO.
FAA-2017-0890; Airspace Docket No. 16-ACE-10, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www/.faa.gov/
air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone; (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER> or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class D and Class E airspace designated as a
surface area at Beech Factory Airport, Wichita, KS, to support
instrument flight rules (IFR) operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2017-0890/
Airspace Docket No. 16-ACE-10.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments

will be considered before taking action on the proposed rule. The
proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 3, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by:
    Establishing Class D airspace at Beech Factory Airport, Wichita,
KS, extending upward from the surface to and including 2,700 feet MSL
within a 4.2-mile radius of Beech Factory Airport, excluding that
airspace within the McConnell AFB, Class D airspace area, and excluding
that airspace north of a line extending from lat. 37[deg]43'07'' N,
long. 97[deg]17'51'' W to lat. 37[deg]43'47'' N, long. 97[deg]08'21''
W, within the Colonel James Jabara Airport, Wichita, KS.
    Establishing Class E airspace area designated as surface area at
Beech Factory Airport, Wichita, KS, extending upward from the surface
to and including 2,700 feet MSL within a 4.2-mile radius of Beech
Factory Airport, excluding that airspace within the McConnell AFB,
Class D airspace area, and excluding that airspace north of a line
extending from lat. 37[deg]43'07'' N, long. 97[deg]17'51'' W to lat.
37[deg]43'47'' N, long. 97[deg]08'21'' W, within the Colonel James
Jabara Airport, Wichita, KS.
    Controlled airspace is necessary for the safety and management of
Standard Instrument Approach Procedures (SIAPs) for IFR operations at
this airport.
    Class D and E airspace designations are published in paragraph 5000
and 6002, respectively, of FAA Order 7400.11C, dated August 3, 2018,
and effective September 15, 2018, which is incorporated by reference in
14 CFR 71.1. The Class D and E airspace designations listed in this
document will be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

 Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 3, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE KS D Wichita, Beech Factory Airport, KS [New]

Wichita Beech Factory Airport, KS
    (Lat. 37[deg]41'38'' N, long. 097[deg]12'54'' W)

    That airspace extending upward from the surface to and including
2,700 feet MSL within a 4.2-mile radius of Beech Factory Airport,
excluding that airspace within the McConnell AFB, KS, Class D
airspace area, and excluding that portion of Colonel James Jabara
Airport, Class E airspace area north of a line from lat.
37[deg]43'07'' N, long. 97[deg]17'51'' W to lat. 37[deg]43'47'' N,
long. 97[deg]08'21'' W. This Class D airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Chart Supplement.
* * * * *

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

ACE KS E2 Wichita, Beech Factory Airport, KS [NEW]

Wichita Beech Factory Airport, KS
    (Lat. 37[deg]41'38'' N, long. 097[deg]12'54'' W)

    That airspace within a 4.2-mile radius of Beech Factory Airport,
excluding that airspace within the McConnell AFB, KS, Class D
airspace area, and that portion of Colonel James Jabara Airport,
Class E airspace area north of a line from lat. 37[deg]43'07'' N,
long. 97[deg]17'51'' W to lat. 37[deg]43'47'' N, long.
97[deg]08'21'' W. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

    Issued in Fort Worth, Texas, on June 11, 2019.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-12898 Filed 6-18-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42306-42307]
[FR Doc No: 2018-17967]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-1490]

Quality Attribute Considerations for Chewable Tablets; Guidance
for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing the availability of a final guidance for industry entitled
``Quality Attribute Considerations for Chewable Tablets.'' This
guidance finalizes the draft guidance issued June 16, 2016, which
provides manufacturers of chewable tablets for human use with the
Center for Drug Evaluation and Research's current thinking on the
critical quality attributes that should be assessed during the
development of these drug products.

DATES: The announcement of the guidance is published in the Federal
Register on August 21, 2018.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-1490 for ``Quality Attribute Considerations for Chewable
Tablets.'' Received comments 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.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Nallaperumal Chidambaram, Center for
Drug Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Quality Attribute Considerations for Chewable Tablets.''
Chewable tablets are an immediate release oral dosage form intended to
be chewed and then swallowed by the patient, rather than swallowed
whole. This guidance describes the critical quality attributes that
should be considered when developing chewable tablet dosage forms and
recommends that the selected acceptance criteria be appropriate and
meaningful indicators of product performance throughout the shelf life
of the product.
    This guidance finalizes the draft guidance issued June 16, 2016,
(81 FR 39673) which described the Chewing Difficulty Index (CDI), a new
quality attribute concept that was developed internally and findings
were published in a peer reviewed journal. We received comments
primarily seeking clarity how this new parameter would be assessed
during regulatory review. The Agency provided additional clarifications
in this guidance whereby sponsors and/or applicants would accrue CDI
data during drug product development and submit it in their
applications. We intend to evaluate the data to inform future guidance
on this topic, as needed.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Quality Attribute

Considerations for Chewable Tablets.'' It does not establish any rights
for any person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations. This guidance is not subject to Executive
Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collection of information in investigational new drug
applications is approved by OMB under control number 0910-0014; the
collection of information (including prescription drug labeling) in new
drug applications and abbreviated new drug applications, as well as
supplements to these applications, is approved by OMB under control
number 0910-0001; the collection of biologics license applications is
approved by OMB under control number 0910-0338; and the format and
content of prescription drug labeling is approved by OMB under control
number 0910-0572.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: August 15, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-17967 Filed 8-20-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23742-23744]
[FR Doc No: 2021-09335]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0057]

Telecommunications Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Telecommunications
Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by
July 6, 2021.

ADDRESSES:

    Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2010-0057).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing collection of
information in accordance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3506(c)(2)(A)). This program ensures that information is in the
desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    Under the paperwork requirements specified by paragraph (c) of the
Standard, an employer must certify that his or her workers have been
trained as specified by the training provision of the Standard.
Specifically, employers must prepare a certification record which
includes the identity of the person trained, the signature of the
employer or the person who conducted the training, and the date the
training was completed. The certification record shall be prepared at
the completion of training and shall be maintained on file for the
duration of the employee's employment. The information collected will
be used by employers as well as by compliance officers to determine
whether employees have been trained according to the requirements set
forth in 29 CFR 1910.268(c).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on Telecommunications
(29 CFR 1910.268). OSHA is proposing an adjustment increase to the
existing burden hour estimate for the information collection
requirements specified by the Standard from 5,349 hours to 5,499 hours,
for a total increase of 150 hours. Based on updated data, the agency
found that the number of establishments decreased as well as the number
of workers. The agency will summarize the comments submitted in
response to this notice and will include this summary in the request to
OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Telecommunications (29 CFR part 1910.268).
    OMB Control Number: 1218-0225.
    Affected Public: Business or other for-profits.
    Number of Respondents: 256,413.
    Frequency of Responses: On occasion.
    Total Responses: 256,413.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 5,499.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2010-0057). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify electronic comments by
your name, date, and the docket number so that the agency can attach
them to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office.

Information on using the http://www.regulations.gov website to submit
comments and access the docket is available at the website's ``User
Tips'' link. Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY
(877) 889-5627) for information about materials not available from the
website, and for assistance in using the internet to locate docket
submissions.

V. Authority and Signature

    James S. Fredrick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-09335 Filed 5-3-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93819-93820]
[FR Doc No: 2016-30864]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-1063]

Drawbridge Operation Regulation; Reynolds Channel, Nassau County,
NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Long Beach Bridge, mile 4.7, across
Reynolds Channel, at Nassau County, New York. This temporary deviation
is necessary to temporarily increase staffing flexibility. This
deviation allows the bridge to be opened with a four-hour advanced
notice during the hours of 5 p.m. on December 23, 2016, to 7 a.m. on
December 26, 2016 and from 5 p.m. on December 30, 2016, to 7 a.m. on
January 2, 2017.

DATES: This deviation is effective from 5 p.m. on December 23, 2016 to
7 a.m. on January 2, 2017.

ADDRESSES: The docket for this deviation, [USCG-2016-1063] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Ms. Judy K. Leung-Yee, Project
Officer, First Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Long Beach Bridge, mile 4.7, across
Reynolds Channel has a vertical clearance in the closed position of 22
feet at mean high water and 24 feet at mean low water. The existing
bridge operating regulations are found at 33 CFR 117.799(g).
    Reynolds Channel is transited by commercial and recreational
traffic.
    The bridge owner, Nassau County Department of Public Works,
requested a temporary deviation from the normal operating schedule to
increase staffing flexibility during this period. Historical

data shows the bridge has not received a request to open during these
dates and times in the last three years.
    Under this temporary deviation, the Long Beach Bridge shall open on
signal from 5 p.m. on December 23, 2016, to 7 a.m. on December 26, 2016
and from 5 p.m. on December 30, 2016, to 7 a.m. on January 2, 2017, if
at least four-hour advance notice is given by calling the number posted
at the bridge.
    Vessels able to pass under the bridge in the closed position may do
so at anytime. The bridge will not be able to immediately open for
emergencies and there are no alternate routes for vessels to pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    This deviation from the operating regulations is authorized under
33 CFR 117.35. In accordance with 33 CFR 117.35(e), the drawbridge must
return to its regular operating schedule immediately at the end of the
effective period of this temporary deviation.

    Dated: December 19, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2016-30864 Filed 12-21-16; 8:45 am]
BILLING CODE 9110-04-P