[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52940-52943]
[FR Doc No: 2021-20553]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93047; File No. SR-PEARL-2021-42]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX
Pearl Equities Fee Schedule Relating to Disaster Recovery Facility 1
Gigabit ULL per Connection Fee for Members

September 17, 2021.
    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 September 10, 2021, MIAX PEARL, LLC (``MIAX Pearl'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the fee schedule
applicable for MIAX Pearl Equities, an equities trading facility of the
Exchange (the ``Fee Schedule'').\3\
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    \3\ See Exchange Rule 1901.
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    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
Pearl's principal office, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these

statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant 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 Section 2) of the Fee Schedule to:
(1) Waive certain monthly connectivity fees for Equity Members \4\ who
connect to the Exchange's disaster recovery facility; and (2) make a
minor, non-substantive correction to the headings for Sections 2)a) and
b). The Exchange originally filed this proposal on September 1, 2021
(SR-PEARL-2021-39). The Exchange has withdrawn SR-PEARL-2021-39 and
refiled this proposal.
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    \4\ The term ``Equity Member'' is a Member authorized by the
Exchange to transact business on MIAX Pearl Equities. See Exchange
Rule 1901.
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Fee Waiver for Connection to the Disaster Recovery Facility
    The Exchange proposes to amend Section 2)a) of the Fee Schedule to
waive certain monthly connectivity fees for Equity Members who connect
to the Exchange's disaster recovery facility for testing purposes only,
as described below. Currently, the Exchange assesses monthly fees of
$1,000 per connection and $3,000 per connection for Equity Members that
connect to the Exchange's disaster recovery facility via a 1 Gigabit
(``Gb'') ultra-low latency (``ULL'') connection or a 10Gb ULL
connection, respectively.
    The Exchange now proposes to waive the disaster recovery facility
1Gb ULL monthly fee for a single 1Gb ULL connection for each Equity
Member that is designated by the Exchange to participate in required
testing in accordance with Regulation Systems Compliance and Integrity
(``Regulation SCI''),\5\ and pursuant to Chapter III of the Exchange's
Rules, so long as that same single connection is used for Regulation
SCI testing purposes only. The Exchange proposes that this waiver apply
to each month in which the designated Equity Member is required to
maintain that single 1Gb ULL connection to the disaster recovery
facility for Regulation SCI testing purposes, as described above.
Accordingly, each Equity Member that is required to connect to the
Exchange's disaster recovery facility in accordance with Regulation SCI
and Chapter III of the Exchange's Rules and who uses that connection
solely to fulfill those testing requirements, will receive the fee
waiver for a single 1Gb ULL connection. The proposed fee waiver will
not be available to an Equity Member that utilizes that same 1Gb ULL
connection to the disaster recovery facility for trading in addition to
Regulation SCI testing purposes.
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    \5\ See Securities Exchange Act Release No. 73639 (November 19,
2014), 79 FR 72252 (December 5, 2014) (``SCI Adopting Release'').
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    The Exchange notes that the proposed waiver will apply uniformly to
Equity Members who currently maintain a 1Gb ULL connection to the
disaster recovery facility and those Equity Members that newly elect to
connect to the disaster recovery facility. Again, both current and
future 1Gb ULL connections must be used for Regulation SCI testing
purposes only. The proposed fee waiver will only apply to a single 1Gb
ULL connection to the disaster recovery facility and each additional
1Gb ULL connection to the disaster recovery facility will continue to
be charged the current monthly rate of $1,000 per connection. The
Exchange does not propose to waive the monthly network connectivity fee
for the 10Gb ULL connection to the disaster recovery facility or make
any other changes to network connectivity fees.
Technical Corrections to the Fee Schedule
    Next, the Exchange proposes to amend the headings for Sections 2)a)
and b) of the Fee Schedule to make minor, non-substantive edits.
Currently, the headings for Sections 2)a) and b) of the Fee Schedule
read as follows, ``Monthly Member Network Connectivity Fee,'' and
``Monthly Non-Member Network Connectivity Fee,'' respectively. The
Exchange now proposes to make a minor, non-substantive correction to
amend each heading to make the word ``Fee'' plural to reflect that more
than one fee is provided for in each section. With the proposed
changes, the headings for Sections 2)a) and b) of the Fee Schedule will
read as follows, ``Monthly Member Network Connectivity Fees,'' and
``Monthly Non-Member Network Connectivity Fees,'' respectively.
Implementation
    The proposed changes are immediately effective. The Exchange does
not propose any other changes to the MIAX Pearl Equities Fee Schedule.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \6\ in general, and furthers
the objectives of Section 6(b)(4) of the Act,\7\ in that it is an
equitable allocation of reasonable dues, fees and other charges among
Exchange members and issuers and other persons using its facilities,
and 6(b)(5) of the Act,\8\ in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(1) and (b)(5).
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    Equity Members connect to the disaster recovery facility for
several reasons, including: (1) To fulfill the requirement to
participate in the Exchange's annual business continuity and disaster
recovery (``BC/DR'') testing in connection with the requirements of
Regulation SCI; \9\ and (2) for redundancy and trading purposes in a
fail over situation. With respect to the BC/DR plans of the Exchange
(defined as an ``SCI entity'' under Regulation SCI), including the
Exchange's backup systems, paragraph (a) of Rule 1004 of Regulation SCI
requires each SCI entity to, ``[e]stablish standards for the
designation of those members or participants that the SCI entity
reasonably determines are, taken as a whole, the minimum necessary for
the maintenance of fair and orderly markets in the event of the
activation of such plans.'' \10\ Paragraph (b) of Rule 1004 further
requires each SCI entity to ``[d]esignate members or participants
pursuant to the standards established in paragraph (a) of [Rule 1004]
and require participation by such designated members or participants in
scheduled functional and performance testing of the operation of such
plans, in the manner and frequency specified by the SCI entity,
provided that such frequency shall not be less than once every 12
months.'' \11\ Pursuant to Rule 1004 of Regulation SCI, each Equity
Member of the Exchange is required to connect to the disaster recovery
facility and take part in the annual testing. This means that, as
currently contemplated in the Fee Schedule, each Equity Member must
utilize and purchase at least one 1Gb ULL connection to the disaster

recovery facility to fulfill this testing requirement. Accordingly, the
Exchange believes it is reasonable to waive the monthly fee for Equity
Members that are designated by the Exchange for required testing in
accordance with Regulation SCI, and pursuant to Chapter III of the
Exchange's Rules, where that same single connection is used for
Regulation SCI testing purposes only.
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    \9\ See supra note 5.
    \10\ 17 CFR 242.1004(a).
    \11\ 17 CFR 242.1004(b).
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    The Exchange believes that its proposal is reasonable because it
waives the monthly fee for Equity Members that are required to connect
to the disaster recovery facility and only utilize one 1Gb ULL
connection solely to fulfill the annual BC/DR testing requirements
under Rule 1004 of Regulation SCI and do not use that same connection
for trading purposes. The Exchange believes that the proposed waiver is
reasonable to further ensure Equity Members that need to participate in
Exchange testing are able to do so without also incurring a charge for
the required connection. As set forth in the SCI Adopting Release,
``SROs have the authority, and legal responsibility, under Section 6 of
the Exchange Act, to adopt and enforce rules (including rules to comply
with Regulation SCI's requirements relating to BC/DR testing)
applicable to their members or participants that are designed to, among
other things, foster cooperation and coordination with persons engaged
in regulating, clearing, settling, processing information with respect
to, and facilitating transactions in securities, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.'' \12\ The Exchange believes that this proposal is consistent
with such authority and legal responsibility.
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    \12\ See SCI Adopting Release, supra note 5, at 72350.
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    The Exchange believes that the proposal represents an equitable
allocation of reasonable dues, fees, and other charges and is not
unreasonably discriminatory in that it applies uniformly to all
similarly situated Equity Members. The proposed waiver for a single 1Gb
ULL connection to the disaster recovery facility will apply uniformly
to Equity Members designated by the Exchange to fulfill their
Regulation SCI testing requirements. Specifically, an Equity Member who
currently has a 1Gb ULL connection to the disaster recovery facility
and only utilizes such connection for Regulation SCI testing purposes
will receive the fee waiver for that single connection going forward.
Likewise, any Equity Member newly designated by the Exchange for
Regulation SCI testing who does not currently have a 1Gb ULL connection
will now be able to utilize a single 1Gb ULL connection to the disaster
recovery facility for free, so long as that Equity Member only utilizes
the new connection for Regulation SCI testing purposes only, as
described herein. The Exchange does not propose to amend any of the
rates for its connectivity fees.
    Further, the Exchange believes that the proposal represents an
equitable allocation of reasonable dues, fees, and other charges and is
not unreasonably discriminatory to firms that utilize the 10Gb ULL
connection to the disaster recovery facility because those firms likely
not only utilize those connections for testing, but also trading and
redundancy purposes due to the increased size of the connection. Each
Equity Member that has a 10Gb ULL connection to the disaster recovery
facility is able to utilize a single 1Gb ULL connection solely for
Regulation SCI testing purposes if that firm so desired.
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \13\ in general, and furthers the objectives of Section
6(b)(4) of the Act \14\ in particular, in that it is an equitable
allocation of reasonable fees and not unfairly discriminatory because
non-Members do not have the same requirements as Equity Members
relating to Regulation SCI's requirements for BC/DR testing. As such,
non-Members are not required to connect to the disaster recovery
facility at all. It is a business decision of each non-Member whether
to connect to the disaster recovery facility and, if so, whether to
utilize a 1Gb ULL connection and/or a 10Gb ULL connection. Further,
non-Members themselves can and often do have their own customer base
that utilizes the non-Member's connection to the Exchange. However,
that non-Member can charge its customers any amount it wants and recoup
its costs to connect to the Exchange.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed fee change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Inter-Market Competition
    The Exchange believes that the proposed rule change will not impose
any burden on inter-market competition. The proposed rule change is not
a competitive filing but rather is designed to ensure that Equity
Members that are designated by the Exchange and required to connect to
the disaster recovery facility solely to fulfill their annual BC/DR
testing requirements under Rule 1004 of Regulation SCI are able to do
so. Accordingly, the Exchange believes that the proposed change will
not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposal is not a competitive proposal but rather is necessary for the
Exchange and designated Equity Members to comply with annual testing
requirements of Regulation SCI.
Intra-Market Competition
    The Exchange believes that its proposal will not impose any undue
burden on intra-market competition because the fee waiver applies
equally to all Equity Members that only utilize a single 1Gb ULL
connection to the disaster recovery facility to participate in
Regulation SCI testing. The fee waiver will apply to designated Equity
Members who currently have at least one 1Gb ULL connection to the
disaster recovery facility and to newly designated Equity Members who
all have to participate in Regulation SCI testing. The Exchange
believes the proposal does not impose any undue burden on intra-market
competition between Equity Members who utilize 10Gb ULL connections to
the disaster recovery facility because those firms utilize the 10Gb ULL
connections for redundancy and trading purposes throughout the course
of the year. Each Equity Member with a 10Gb ULL connection that is
designated by the Exchange to participate in the annual BC/DR testing
already uses that connection for the Regulation SCI testing.
Additionally, the Exchange believes that its proposal will not impose
any undue burden on intra-market competition on non-Members because
non-Members do not have the same requirements as Equity Members
relating to Regulation SCI's requirements for BC/DR testing. Non-
Members are not required to connect to the disaster recovery facility
at all and it is a business decision of each non-Member whether to
connect to the disaster recovery facility and, if so, whether to
utilize a 1Gb ULL

connection and/or a 10Gb ULL connection.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\15\ and Rule 19b-4(f)(2) \16\ thereunder.
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. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2021-42 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2021-42. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2021-42 and should be submitted on
or before October 14, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-20553 Filed 9-22-21; 8:45 am]
BILLING CODE 8011-01-P


January 16, 2003 Agenda for Visit by Jim Reilly ( staff to Senator Carper ( D DE) and Sharon Segner ( staff to Senator Alexander ( R TN)

Flight Arrives RDU 9: 45 AM. Picked up by Debbie Janes, ORD Public Affairs, in a silver town car with a green EPA folder in the windshield. 919 418 8375 ( cell)

10: 30   10: 45 Office of Air Quality Planning and Standards overview of Air Quality Programs Building C Room 401A ° Steve Page/ Jeff Clark 10: 45   12: 30 Discussion of air pollution technology and how it relates to policy Building C Room 300A ° Peter Tsirigotis, Ravi Srivastava, Bob Wayland, Sikander Khan, John Bachmann, Frank Princiotta ° Wojciech Jozewicz, Acardis 12: 30 1: 30 Box Lunch and Overview of IAQR & Hg proposals Building C Room 300A ° Steve Page/ Lydia Wegman/ Peter Tsirigotis/ John Bachmann/ Bob Wayland/ Sikander Khan 1: 30 2: 00 PM Research and PM staff paper update Building C Room 300A ° Dan Costa/ John Bachmann/ Les Grant 2: 00 2: 45 Green Building tour featuring Multipollutant Control Research Facility ° Met by Wanda Allen, OARM, at guard's desk in C Building and discussion by Frank Princiotta in high bay 3: 00 leave for airport Don McKinnon and Robert Fegley will be accompanying the group.

OAQPS Contact: Jenny Noonan 919/ 541 0193 ( work) 919/ 624 3226 ( cell)


[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76840-76841]
[FR Doc No: 2013-30147]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0636]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Unique Device Identification System

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Unique Device Identification
System'' has been approved by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On September 30, 2013, the Agency submitted
a proposed collection of information entitled ``Unique Device
Identification System'' to OMB for review and clearance under 44 U.S.C.
3507. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0720.
The approval expires on December 31, 2016. A copy of the supporting
statement for this

information collection is available on the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: December 12, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-30147 Filed 12-18-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Rules and Regulations]
[Page 62879-62880]
[DOCID:fr22oc08-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0417; Airspace Docket No. 08-AEA-20]

Modification of Class E Airspace; Roanoke, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E Airspace at Roanoke, Virginia to
allow for a lower vectoring altitude known as the Minimum Vectoring
Altitude (MVA) for vectoring of both Visual Flight Rule (VFR) and
Instrument Flight Rule (IFR) aircraft within 20 miles of Roanoke, VA.
This action will enhance the safety and airspace management around the
Roanoke Regional/Woodrum Field Airport area.

DATES: Effective Date: 0901 UTC, January 15, 2009. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments

FOR FURTHER INFORMATION CONTACT: Daryl Daniels, Airspace Specialist,
System Support Group, Eastern Service Center, Air Traffic Organization,
Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia
30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On May 13, 2008, the FAA published in the Federal Register a
proposal to amend Title 14 Code of Federal Regulations (14 CFR) part 71
by modifying Class E airspace at Roanoke, VA (73 FR 27481). Analysis of
operations at Roanoke, Virginia determined a need for additional Class
E5 airspace extending upward from 700 feet above the surface of the
Earth to enhance the management, safety, and efficiency of air traffic
services in the area. This action is in response to higher Minimum
Vectoring Altitudes (MVAs) that were established due to a change in FAA
Order 8260.64, Criteria and Guidance for Radar Operations.
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace at Roanoke, VA, allowing for the
vectoring altitude to be lowered and to encompass a 20 mile radius of
the Roanoke Regional/Woodrum Field Airport to accord with the revision
of FAA Order 8260.64, Criteria and Guidance for Radar Operations for
the establishment of MVAs. This Class E airspace modification allows
the FAA to facilitate a better operation for intercepting the glide
slopes and enhance the visual approach operation at Roanoke Regional/
Woodrum Field Airport. Class E airspace designations for airspace areas
extending upward from 700 feet or more above the surface of the Earth
are published in Paragraph 6005 of FAA Order 7400.9R, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designation listed in
this document will be published subsequently in the Order.
    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.
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, would not have a significant economic impact
on a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    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 modifies Class E airspace at Roanoke, VA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

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

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

    Authority: 49 U.S.C. 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 Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA VA E5 Roanoke, VA [Revised]

Roanoke Regional/Woodrum Field Airport (Lat. 37[deg]19'32'' N.,
long. 79[deg]58'32'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 15-mile radius of Roanoke Regional/Woodrum
Field Airport beginning at the 036[deg] bearing from the airport,
thence clockwise until the 128[deg] bearing, thence, within a 20-
mile radius from the 128[deg] bearing clockwise until the 273[deg]
bearing, thence direct to the point of beginning.
* * * * *

    Issued in College Park, Georgia, on October 8, 2008.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E8-25057 Filed 10-21-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61166-61168]
[FR Doc No: 2017-27843]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 882

[Docket No. FDA-2017-N-6642]

Medical Devices; Neurological Devices; Classification of the
Computerized Behavioral Therapy Device for Psychiatric Disorders

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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SUMMARY: The Food and Drug Administration (FDA or we) is classifying
the computerized behavioral therapy device for psychiatric disorders
into class II (special controls). The special controls that apply to
the device type are identified in this order and will be part of the
codified language for the computerized behavioral therapy device for
psychiatric disorders' classification. We are taking this action
because we have determined that classifying the device into class II
(special controls) will provide a reasonable assurance of safety and
effectiveness of the device. We believe this action will also enhance
patients' access to beneficial innovative devices, in part by reducing
regulatory burdens.

DATES: This order is effective December 27, 2017. The classification
was applicable on September 14, 2017.

FOR FURTHER INFORMATION CONTACT: Patrick Antkowiak, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 2663, Silver Spring, MD 20993-0002, 240-
402-3705, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Upon request, FDA has classified the computerized behavioral
therapy device for psychiatric disorders as class II (special
controls), which we have determined will provide a reasonable assurance
of safety and effectiveness. In addition, we believe this action will
enhance patients' access to beneficial innovation, in part by reducing
regulatory burdens by placing the device into a lower device class than
the automatic class III assignment.
    The automatic assignment of class III occurs by operation of law
and without any action by FDA, regardless of the level of risk posed by
the new device. Any device that was not in commercial distribution
before May 28, 1976, is automatically classified as, and remains
within, class III and requires premarket approval unless and until FDA
takes an action to classify or reclassify the device (see 21 U.S.C.
360c(f)(1)). We refer to these devices as ``postamendments devices''
because they were not in commercial distribution prior to the date of
enactment of the Medical Device Amendments of 1976, which amended the
Federal Food, Drug, and Cosmetic Act (FD&C Act).
    FDA may take a variety of actions in appropriate circumstances to
classify or reclassify a device into class I or II. We may issue an
order finding a new device to be substantially equivalent under section
513(i) of the FD&C Act (21 U.S.C. 360c(i)) to a predicate device that
does not require premarket approval. We determine whether a new device
is substantially equivalent to a predicate by means of the procedures
for premarket notification under section 510(k) of the FD&C Act and
part 807 (21 U.S.C. 360(k) and 21 CFR part 807, respectively).
    FDA may also classify a device through ``De Novo'' classification,
a common name for the process authorized under section 513(f)(2) of the
FD&C Act. Section 207 of the Food and Drug Administration Modernization
Act of 1997 established the first procedure for De Novo classification
(Pub. L. 105-115). Section 607 of the Food and Drug Administration
Safety and Innovation Act modified the De Novo application process by
adding a second procedure (Pub. L. 112-144). A device sponsor may
utilize either procedure for De Novo classification.
    Under the first procedure, the person submits a 510(k) for a device
that has not previously been classified. After receiving an order from
FDA classifying the device into class III under section 513(f)(1) of
the FD&C Act, the person then requests a classification under section
513(f)(2).
    Under the second procedure, rather than first submitting a 510(k)
and then a request for classification, if the person determines that
there is no legally marketed device upon which to base a determination
of substantial equivalence, that person requests a classification under
section 513(f)(2) of the FD&C Act.
    Under either procedure for De Novo classification, FDA shall
classify the device by written order within 120 days. The
classification will be according to the criteria under section
513(a)(1) of the FD&C Act. Although the device was automatically placed
within class III, the De Novo classification is considered to be the
initial classification of the device.
    We believe this De Novo classification will enhance patients'
access to beneficial innovation, in part by reducing regulatory
burdens. When FDA classifies a device into class I or II via the De
Novo process, the device can serve as a predicate for future devices of
that type, including for 510(k)s (see 21 U.S.C. 360c(f)(2)(B)(i)). As a
result, other device sponsors do not have to submit a De Novo request
or premarket approval application in order to market a substantially
equivalent device (see 21 U.S.C. 360c(i), defining ``substantial
equivalence''). Instead, sponsors can use the less-burdensome 510(k)
process, when necessary, to market their device.

II. De Novo Classification

    On May 16, 2016, Pear Therapeutics, Inc., submitted a request for
De Novo classification of the reSET. FDA reviewed the request in order
to classify the device under the criteria for classification set forth
in section 513(a)(1) of the FD&C Act.
    We classify devices into class II if general controls by themselves
are insufficient to provide reasonable assurance of safety and
effectiveness, but there is sufficient information to establish special
controls that, in combination with the general controls, provide
reasonable assurance of the safety and effectiveness of the device for
its intended use (see 21 U.S.C. 360c(a)(1)(B)). After review of the
information submitted in the request, we determined that the device can
be classified into class II with the establishment of special controls.
FDA has determined that these special controls, in addition to the
general controls, will provide reasonable assurance of the safety and
effectiveness of the device.
    Therefore, on September 14, 2017, FDA issued an order to the
requester classifying the device into class II. FDA is codifying the
classification of the device by adding 21 CFR 882.5801. We have named
the generic type of device computerized behavioral therapy device for
psychiatric disorders, and it is identified as a prescription only
device intended to provide a computerized version of condition-specific
behavioral therapy as an adjunct to clinician supervised outpatient
treatment to patients with psychiatric conditions. The digital therapy
is intended to provide patients access to therapy tools used during
treatment sessions to improve recognized treatment outcomes.
    FDA has identified the following risks to health associated
specifically with this type of device and the measures required to
mitigate these risks in table 1.

     Table 1--Computerized Behavioral Therapy Device for Psychiatric
                 Disorders Risks and Mitigation Measures
------------------------------------------------------------------------
            Identified risks                   Mitigation measures
------------------------------------------------------------------------
Device provides ineffective treatment,   Clinical data; Software
 leading to worsening condition.          verification, validation, and
                                          hazard analysis; and labeling.
Device software failure, leading to      Software verification,
 delayed access.                          validation, and hazard
                                          analysis; and Labeling.
Use error/improper device use..........  Labeling.
------------------------------------------------------------------------

    FDA has determined that special controls, in combination with the
general controls, address these risks to health and provide reasonable
assurance of safety and effectiveness. For a device to fall within this
classification, and thus avoid automatic classification in class III,
it would have to comply with the special controls named in this final
order. The necessary special controls appear in the regulation codified
by this order. This device is subject to premarket notification
requirements under section 510(k) of the FD&C Act.
    At the time of classification, computerized behavioral therapy
devices for psychiatric disorders are for prescription use only.
Prescription devices are exempt from the requirement for adequate
directions for use for the layperson under section 502(f)(1) of the
FD&C Act (21 U.S.C. 352(f)(1)) and 21 CFR 801.5, as long as the
conditions of 21 CFR 801.109 are met (referring to 21 U.S.C.
352(f)(1)).

III. Analysis of Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

IV. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to
previously approved collections of information found in other FDA
regulations. These collections of information 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 collections of information in
the guidance document ``De Novo Classification Process (Evaluation of
Automatic Class III Designation)'' have been approved under OMB control
number 0910-0844; the collections of information in 21 CFR part 814,
subparts A through E, regarding premarket approval, have been approved
under OMB control number 0910-0231; the collections of information in
part 807, subpart E, regarding premarket notification submissions, have
been approved under OMB control number 0910-0120; and the collections
of information in 21 CFR part 801, regarding labeling, have been
approved under OMB control number 0910-0485.

List of Subjects in 21 CFR Part 882

    Medical devices, Neurological devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
882 is amended as follows:

PART 882--NEUROLOGICAL DEVICES

0
1. The authority citation for part 882 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
2. Add Sec.  882.5801 to subpart F to read as follows:

Sec.  882.5801   Computerized behavioral therapy device for psychiatric
disorders.

    (a) Identification. A computerized behavioral therapy device for
psychiatric disorders is a prescription only device intended to provide
a computerized version of condition-specific behavioral therapy as an
adjunct to clinician supervised outpatient treatment to patients with
psychiatric conditions. The digital therapy is intended to provide
patients access to therapy tools used during treatment sessions to
improve recognized treatment outcomes.
    (b) Classification. Class II (special controls). The special
controls for this device are:
    (1) Clinical data must be provided to fulfill the following:
    (i) Describe a validated model of behavioral therapy for the
psychiatric disorder; and
    (ii) Validate the model of behavioral therapy as implemented by the
device.
    (2) Software must be described in detail in the software
requirements specification (SRS) and software design specification
(SDS). Software verification, validation, and hazard analysis must be
performed. Software documentation must demonstrate that the device
effectively implements the behavioral therapy model.

    (3) The following labeling must be provided:
    (i) Patient and physician labeling must include instructions for
use, including images that demonstrate how to interact with the device.
    (ii) Patient and physician labeling must list compatible devices.
    (iii) Patient and physician labeling must include a warning that
the device is not intended for use as a standalone therapy.
    (iv) Patient and physician labeling must include a warning that the
device does not represent a substitution for the patient's medication.
    (v) Physician labeling must include a summary of the clinical
testing with the device.

    Dated: December 20, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-27843 Filed 12-26-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65653-65654]
[FR Doc No: 2014-26240]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0091; FRL-9918-72-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Engine Test Cells/Stands
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Engine Test Cells/
Stands (Renewal) (EPA ICR No. 2066.06, OMB Control No. 2060-0483), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq).
This is a proposed extension of the ICR, which is currently approved
through January 31, 2015. Public comments were previously requested via
the Federal Register (79 FR 30117) on May 27, 2014 during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An Agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before December 5,
2014.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0091, to (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Respondents are owners or operators of engine test cells/
stands located at major source facilities that are being used for
testing internal combustion engines. An engine test cell/stand is any
apparatus used for testing uninstalled stationary or uninstalled mobile
(motive) engines. A plant site that is a major source of hazardous air
pollutant (HAP) emissions emits or has the potential to emit any single
HAP at a rate of 10 tons (9.07 megagrams) or more per year or any
combination of HAPs at a rate of 25 tons (22.68 megagrams) or more per
year. New or reconstructed sources must be in

compliance with the requirements of the engine test cells/stands NESHAP
upon startup.
    Form numbers: None.
    Respondents/affected entities: Owners or operators of engine test
cells/stands located at major source facilities that are being used for
testing internal combustion engines.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
Subpart PPPPP).
    Estimated number of respondents: 18 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 1,719 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $173,607 (per year), which includes $5,400 in
annualized capital and/or operation & maintenance costs.
    Changes in the estimates: There is a decrease of 1,324 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to the correction of two errors.
First, in the previous ICR, it was assumed that performance evaluation
reports would be submitted every five years. However, performance
evaluations are only conducted initially, when new facilities first
needed to demonstrate compliance with the standard. Since there will be
no new or reconstructed sources over the next three years, performance
evaluations are not required. Second, in the previous ICR, it was
assumed that one out of the eighteen sources would write an annual
deviation report. However, deviations are reported as part of the
semiannual compliance status report; separate reports are not required.
As a result of these two corrections, there is an overall decrease in
the estimated burden cost as currently identified in the OMB Inventory
of Approved Burdens.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2014-26240 Filed 11-4-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Notices]
[Page 8785-8786]
[DOCID:fr25fe10-148]

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

Federal Railroad Administration

[Docket No. FRA-2010-0005-N-3]

Agency Request for Emergency Processing of Collection of
Information Associated With FRA's Positive Train Control Grant Program
After Publication of Second Agency Federal Register Notice Concerning
Solicitation of Applications for Positive Train Control Grant Funding

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Railroad Administration (FRA) hereby gives notice
that it has submitted the following information collection request
(ICR) to the Office of Management and Budget (OMB) for Emergency
Processing under the Paperwork Reduction Act of 1995 (Pub. L. 104-13,
44 U.S.C. 3501 et seq.). FRA requests that OMB authorize the collection
of information identified below on or before March 15, 2010, for 180
days after the date of approval by OMB. A copy of this ICR, with
applicable supporting documentation, may be obtained by calling FRA's
Clearance Officers, Mr. Robert Brogan (tel.<PHONE_NUMBER>) or Ms.
Kimberly Toone (tel.<PHONE_NUMBER>). These numbers are not toll-free.
A copy of this ICR may also be obtained electronically by contacting
Mr. Brogan at<EMAIL_ADDRESS>or by contacting Ms. Toone at
<EMAIL_ADDRESS>Comments and questions about the ICR identified
below should be directed to the Office of Information and Regulatory
Affairs (OIRA), Attn: FRA OMB Desk Officer, 725 17th St., NW.,
Washington, DC 20503. Comments and questions about the ICR identified
below may also be transmitted electronically to OIRA at oira_
<EMAIL_ADDRESS>
DATES: Comments should be submitted as soon as possible upon
publication of this notice in the Federal Register.
    Title: Notice of Funding Availability and Solicitation of
Applications for the Positive Train Control (PTC) Grant Program.
    OMB Control Number: 2130-New.
    Frequency: One-time.
    Affected Public: 50 Railroads.
    Form(s): SF-269, SF-270, SF-271.
    Estimated Total Annual Number of Responses: 250 (Grant Applications
and Other Supporting Documents (Paper/Electronic)).
    Estimated Total Annual Burden Hours: 13,923 hours.
    Abstract: The Rail Safety Technology Program is a newly authorized
program under the Rail Safety Improvement Act of 2008 (RSIA) (Pub. L.
110-432; October 16, 2008). The program was directed by Congress and
passed into law in the aftermath of a series of major rail accidents
that culminated in an accident at Chatsworth, California, in 2008.
Twenty-five people were killed and 135 people were injured in the
Chatsworth accident. This event turned the Nation's attention to rail
safety and the possibility that new technologies, such as PTC, could
prevent such accidents in the future. The RSIA ordered installation of
PTC by all Class I railroads on any of their mainlines carrying
poisonous inhalation hazard (PIH) materials and by all passenger and
commuter railroads on their main lines not later than December 31,
2015.
    As part of the RSIA, Congress provided $50 million to FRA to award,
in one or more grants, to eligible projects by passenger and freight
rail carriers, railroad suppliers, and State and local Governments.
Funds will be awarded to projects that have a public benefit of
improved railroad safety and efficiency, with priority given to
projects that make PTC technologies interoperable between railroad
systems; projects that accelerate the deployment of PTC technology on
high-risk corridors, such as those that have high volumes of hazardous
material shipments; and for projects over which commuter or passenger
trains operate, or that benefit both passenger and freight safety and
efficiency.
    Funds provided under this grant program may constitute no more than
80 percent of the total cost of a selected project, with the remaining
costs funded from other sources. The funding provided under these
grants will be made available to grantees on a reimbursement basis. FRA
anticipates awarding grants to multiple eligible participants. FRA may
choose to award a grant or grants within the available funds in any
amount. Funding made available through grants provided under this
program, together with funding from other sources that is committed by
a grantee as part of a grant agreement, must be sufficient to complete
the funded project and achieve the anticipated technology development.
FRA will begin accepting grant applications 10 days after publication
of the separate agency notice published in the Federal Register
detailing the terms of the PTC Grant Program Funds Availability.
Applications may be submitted until the earlier of December 31, 2010,
or the date on which all available funds will have been committed under
this program.
    FRA is applying to OMB for Emergency Clearance of this proposed
information collection because of the highly complex technology
involved. Reviewing railroad applications and awarding this funding as
quickly as possible is essential to meeting FRA's mission and the RSIA
PTC implementation deadline of December 15, 2015. FRA cannot reasonably
comply with the normal OMB PRA Clearance procedures because of the time
needed by FRA to review PTC grant fund applications and resolve
technology issues, and because any delay in PTC implementation will
cause FRA to miss the congressional statutory deadline. Also, normal
OMB PRA Clearance procedures cannot be complied with because any delay
of PTC implementation is likely to cause considerable public harm in
terms of higher numbers of accidents/incidents and corresponding
injuries/fatalities on train lines across the country that did not have
the enhanced safety provided by PTC technologies on them as intended by
Congress. Upon receiving the requested 6-month Emergency Clearance by
OMB, FRA will follow the normal PRA procedures to obtain extended
approval for this proposed information collection for the customary 3-
year period.

    Authority:  44 U.S.C. 3501-3520.

    Issued in Washington, DC on February 22, 2010.
Margaret B. Reid,
Associate Administrator, Office of Financial Management, Federal
Railroad Administration.
[FR Doc. 2010-3865 Filed 2-24-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Rules and Regulations]
[Page 18960]
[DOCID:fr08ap08-7]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0037]

Drawbridge Operation Regulation; Upper Mississippi River, Rock
Island, IL, Quad City Marathon

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Eighth Coast Guard District has issued a
temporary deviation from the regulation governing the operations of the
Rock Island Railroad and Highway Drawbridge across the Upper
Mississippi River, Mile 482.9, Rock Island, Illinois. The deviation is
necessary as the drawbridge is part of the annual route for the Quad
City Marathon. This deviation allows the bridge to remain in the
closed-to-navigation position during the event.

DATES: This deviation is effective from 7:30 a.m. until 11:30 a.m.,
September 28, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0037 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the Robert A.
Young Federal Building, Room 2.107F, 1222 Spruce Street, St. Louis, MO
63103-2832, between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT:  Roger K. Wiebusch, Bridge
Administrator,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The U.S. Army Rock Island Arsenal requested
a temporary deviation for the Rock Island Railroad and Highway
Drawbridge, Mile 482.9, at Rock Island, Illinois, across the Upper
Mississippi to remain in the closed-to-navigation position as the
drawbridge is part of the Annual Quad City Marathon route. The Rock
Island Railroad and Highway Drawbridge currently operates in accordance
with 33 CFR 117.5, which states the general requirement that
drawbridges shall open promptly and fully for the passage of vessels
when a request to open is given in accordance with the subpart. In
order to facilitate the annual event, the drawbridge must be kept in
the closed-to-navigation position. This deviation allows the bridge to
remain in the closed-to-navigation position for four hours from 7:30
a.m. until 11:30 a.m., September 28, 2008.
    There are no alternate routes for vessels transiting this section
of the Upper Mississippi River.
    The Rock Island Railroad and Highway Drawbridge, in the closed-to-
navigation position, provides a vertical clearance of 23.8 feet above
normal pool. Navigation on the waterway consists primarily of
commercial tows and recreational watercraft. This temporary deviation
has been coordinated with waterway users. No objections were received.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: March 20, 2008.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. E8-7382 Filed 4-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Page 28323]
[FR Doc No: 2019-12833]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4421-DR; Docket ID FEMA-2019-0001]

Iowa; Amendment No. 4 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-4421-DR), dated March 23, 2019, and related
determinations.

DATES: This amendment was issued May 6, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Iowa is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
March 23, 2019.

    Allamakee, Audubon, Bremer, Clay, Decatur, Hancock, Hardin,
Howard, Humboldt, Iowa, Montgomery, Pocahontas, and Sac Counties for
Public Assistance [Categories C-G] (already designated for debris
removal and emergency protective measures [Categories A and B],
including direct federal assistance, under the Public Assistance
program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-12833 Filed 6-17-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Proposed Rules]
[Pages 51919-51920]
[FR Doc No: 2014-20817]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 79, No. 169 / Tuesday, September 2, 2014 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0457; Airspace Docket No. 14-AWP-4]

Proposed Establishment of Class E Airspace; Cloverdale, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at
Cloverdale Municipal Airport, Cloverdale, CA. Controlled airspace is
necessary to accommodate Area Navigation (RNAV) Global Positioning
System (GPS) standard instrument approach procedures at the airport.
The FAA is proposing this action to enhance the safety and management
of aircraft operations at the airport.

DATES: Comments must be received on or before October 17, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2014-
0457; Airspace Docket No. 14-AWP-4, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

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 (FAA Docket No.
FAA-2014-0457 and Airspace Docket No. 14-AWP-4) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2014-0457 and Airspace Docket No. 14-AWP-4''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    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/airportsairtraffic/airtraffic/
publications/airspaceamendments/.
    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 Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E airspace extending
upward from 700 feet above the surface within a 3.5-mile radius of
Cloverdale Municipal Airport, Cloverdale, CA, with a segment that would
extend 6.3 miles south of the airport. Controlled airspace is needed
for the RNAV (GPS) standard instrument approaches and departures at the
airport. This action would enhance the safety and management of
aircraft operations at the airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9X, dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (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 this proposed 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.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for 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
the 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 controlled airspace at Cloverdale
Municipal Airport, Cloverdale, CA.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List 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 14 CFR Part 71 continues to read as
follows:

     Authority:  49 U.S.C. 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 the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AWP CA E5 Cloverdale, CA [New]

Cloverdale Municipal, CA
    (Lat. 38[deg]46'34'' N., Long. 122[deg]59'33'' W.)

    That airspace extending upward from 700 feet above the surface
within a 3.5-mile radius of Cloverdale Municipal Airport, and 2
miles either side of the 152 degree radial from the 3.5-mile radius
to 6.3 miles south of the airport.

    Issued in Seattle, Washington, on August 20, 2014.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2014-20817 Filed 8-29-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Page 5730]
[FR Doc No: 2016-01955]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-775-000]

3 Phases Renewables, Inc.; 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
3 Phases Renewables, Inc.'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 February 17, 2016.
    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: January 28, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-01955 Filed 2-2-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5261-5262]
[FR Doc No: 2012-2352]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4050-DR; Docket ID FEMA-2011-0001]

Alaska; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
State of Alaska (FEMA-4050-DR), dated December 22, 2011, and related
determinations.

DATES: Effective Date: January 24, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this declared disaster is now November 8, 2011, through and
including November 13, 2011.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-2352 Filed 2-1-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Notices]
[Pages 74095-74097]
[FR Doc No: 2011-30815]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65820; File No. SR-ISE-2011-79]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend ISE Rule 2102(f) to Exclude From the Pilot Rule All
Rights and Warrants

November 23, 2011.
    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 November 22, 2011, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which items have been prepared by
the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 2102(f) to exclude from the
pilot rule all rights and warrants.
    The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.ise.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room, and at the
Commission's Web site at http://www.sec.gov.

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 self-regulatory organization
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 self-regulatory organization
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    ISE proposes to amend Rule 2102(f) to exclude all rights and
warrants from the trading pause process under the rule. The Securities
and Exchange Commission (``Commission'') approved Rule 2102(f) on a
pilot basis on June 10, 2010, together with the analogous rules of
other equity exchanges (collectively with NASDAQ, the ``Exchanges'')
and FINRA, to provide for trading pauses in individual securities due
to extraordinary market volatility in all securities included within
the S&P 500 Index (``S&P 500'') (the ``Pause Pilot'').\3\ NASDAQ noted
in its filing to adopt Rule 2102(f) that during the Pause Pilot period
it would continue to assess whether additional securities need to be

added and whether the parameters of Rule 2102(f) would need to be
modified to accommodate trading characteristics of different
securities. The Exchanges and FINRA subsequently received approval to
add to the Pause Pilot the securities included in the Russell 1000
Index (``Russell 1000'') and a specified list of Exchange Traded
Products (``ETPs'').\4\
---------------------------------------------------------------------------

    \3\ The Commission approved the Pause Pilot for all equities
exchanges and FINRA. See Securities Exchange Act Release No. 62252
(June 10, 2010), 75 FR 34186 (June 16, 2010) (File Nos. SR-BATS-
2010-014; SR-EDGA-2010-01; SR-EDGX-2010-01; SR-BX-2010-037; SR-ISE-
2010-48; SR-NYSE-2010-39; SR-NYSEAmex-2010-46; SR-NYSEArca-2010-41;
SR-NASDAQ-2010-061; SR-CHX-2010-10; SR-NSX-2010-05; and SR-CBOE-
2010-047), and Securities Exchange Act Release No. 62251 (June 10,
2010), 75 FR 34183 (June 16, 2010) (SR-FINRA-2010-025).
    \4\ The Commission approved the addition to the Pause Pilot of
the securities included in the Russell 1000 and ETPs, where
applicable, for all equities exchanges and FINRA. See Securities
Exchange Act Release No. 62884 (September 10, 2010), 75 FR 56618
(September 16, 2010) (File Nos. SR-BATS-2010-018; SR-BX-2010-044;
SR-CBOE-2010-065; SR-CHX-2010-14; SR-EDGA-2010-05; SR-EDGX-2010-05;
SR-ISE-2010-66; SR-NASDAQ-2010-079; SR-NYSE-2010-49; SR-NYSEAmex-
2010-63; SR-NYSEArca-2010-61; and SR-NSX-2010-08, and Securities
Exchange Act Release No. 62883 (September 10, 2010), 75 FR 56608
(September 16, 2010) (SR-FINRA-2010-033). ISE submitted a proposed
rule change shortly after the addition of the Russell 1000
securities and ETPs to extend the operation of the Pause Pilot,
which was set to expire on December 10, 2010, until April 11, 2011.
See Securities Exchange Act Release No. 63506 (December 9, 2010), 75
FR 78301 (December 15, 2010) (SR-ISE-2010-117). On March 31, 2011,
ISE submitted a proposed rule change to further extend the Pause
Pilot until the earlier of August 11, 2011 or the date on which a
limit up/limit down mechanism to address extraordinary market
volatility, if adopted, applies. See Securities Exchange Act Release
No. 64193 (April 5, 2011), 76 FR 20062 (April 11, 2011) (SR-ISE-
2011-17). On August 8, 2011, ISE submitted a proposed rule change to
further extend the Pause Pilot until January 31, 2012. See
Securities Exchange Act Release No. 65072 (August 9, 2011), 76 FR
50513 (August 15, 2011) (SR-ISE-2011-52).
---------------------------------------------------------------------------

    On June 23, 2011, the Commission approved proposed rule changes of
the Exchanges and FINRA to amend their respective rules to expand the
Pause Pilot to include all remaining NMS stocks (``Phase III
Securities''), which includes rights and warrants.\5\ Unlike the
original Pause Pilot securities, amended Rule 2102(f) applies wider
percentage price moves to the Phase III Securities before a trading
pause is triggered.\6\ The changes to Rule 2102(f) became effective on
August 8, 2011.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 64735 (June 23,
2011), 76 FR 38243 (June 29, 2011) (SR-ISE-2011-028, et al.).
    \6\ Id.
---------------------------------------------------------------------------

    The Exchanges and FINRA analyzed the nature of the trading pauses
triggered since adoption of the Pause Pilot and found that over 25% of
such pauses have occurred in rights and warrants. Further, the
Exchanges and FINRA have experienced a significant increase in trading
pauses involving rights and warrants since the implementation of the
Phase III Securities, with such pauses representing approximately 52%
of all trading pauses occurring through the end of August 2011. Rights
and warrants trade on equity exchanges, but are closely related to call
options. Rights and warrants entitle owners to purchase shares of stock
at predetermined prices subject to various timing and other conditions.
Like options, the price of rights and warrants are affected by the
price of the underlying stock as well as other factors, particularly
the volatility of the stock. As a consequence, the prices of rights and
warrants may move more dramatically than the prices of the underlying
stocks even when the rights and warrants (and the underlying stock) are
trading in an orderly manner. This difference in trading behavior may
result in the rights and warrants triggering the circuit breaker under
Rule 2102(f) and being subject to a trading pause, even while the
underlying stock continues to trade. This can be particularly true of
rights and warrants that have low prices. As such, the Exchanges and
FINRA have determined to exclude rights and warrants from the Pause
Pilot, and accordingly, ISE is proposing to amend Rule 2102(f) to
exclude rights and warrants from the rule's application.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. The proposed rule change also is
designed to support the principles of Section 11A(a)(1) \9\ of the Act
in that it seeks to ensure fair competition among brokers and dealers
and among exchange markets. ISE believes that the proposed rule meets
these requirements because it excludes certain securities from the
rule's coverage that are prone to triggering pauses because of their
unique characteristics. These securities are unique in that they may
move more dramatically than the prices of the underlying stocks to
which they are related even when both securities are trading in an
orderly manner. As such, the securities that are subject to this
proposal may trigger the circuit breaker under Rule 2102(f) and be
subject to a trading pause, even while the underlying security
continues to trade. Although there is little benefit in pausing trading
in these securities, such pauses sequester regulatory resources that
are better applied to the review of trading pauses in other securities
that have a greater impact on the national market system.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that

the proposal may become operative immediately upon filing.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Including rights and warrants in the pilot program which may trigger a
circuit breaker and be subject to a trading pause, even while the
underlying security continues to trade, provides little benefit and has
the potential to create confusion among investors. Excluding rights and
warrants from the pilot program should minimize investor confusion that
could result from temporary trading pauses in these securities. For
this reason, the Commission designates the proposed rule change as
operative upon the date of this Notice.\16\
---------------------------------------------------------------------------

    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 email to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2011-79 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 No. SR-ISE-2011-79. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
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 No. SR-ISE-2011-79 and should be
submitted on or before December 21, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30815 Filed 11-29-11; 8:45 am]
BILLING CODE 8011-01-P