[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]
[Page 14785]
[DOCID:fr29mr07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2686]

Duke Energy Carolinas, LLC; Notice of Authorization for Continued
Project Operation

March 23, 2007.
    On July 28, 2000, Duke Energy Carolinas, LLC, licensee for the West
Fork Hydroelectric Project, filed an application for a new or
subsequent license pursuant to the Federal Power Act (FPA) and the
Commission's regulations thereunder. The West Fork Project is located
on the Tuckasegee River in Jackson County, North Carolina.
    The license for Project No. 2686 was issued for a period ending
January 31, 2006. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 2686 is issued to
Duke Energy Carolinas, LLC., for a period effective February 1, 2006
through January 31, 2007, or until the issuance of a new license for
the project or other disposition under the FPA, whichever comes first.
If issuance of a new license (or other disposition) does not take place
on or before January 31, 2007, notice is hereby given that, pursuant to
18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that Duke Energy Carolinas, LLC. is authorized to continue
operation of the West Fork Project until such time as the Commission
acts on its application for a subsequent license.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-5769 Filed 3-28-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Notices]
[Pages 65930-65932]
[FR Doc No: 2014-26388]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-539-000]

Ozark Gas Transmission, LLC; Supplemental Notice of Intent To
Prepare an Environmental Assessment for the Proposed Ozark Abandonment
Project and Request for Comments on Environmental Issues

    On October 7, 2014, the Commission issued a ``Notice of Intent to
Prepare an Environmental Assessment for the Ozark Abandonment Project,
And Request for Comments on Environmental Issues'' (NOI). It has come
to our attention that the environmental mailing list was not provided
copies of the NOI; therefore we are issuing this Supplemental NOI to
extend the scoping period and provide additional time for interested
parties to file comments on environmental issues.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Ozark Abandonment Project
(Project) involving abandonment of facilities by Ozark Gas
Transmission, LLC (Ozark). The Commission will use this EA in its
decision-making process to determine whether the project is in the
public convenience and necessity.
    The Commission and cooperating agencies continue to gather input
from the public and interested agencies on the Project. This process is
referred to as scoping. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. The original NOI
identified November 6, 2014 as the close of the scoping period. Please
note that the scoping period is now extended and will close on December
1, 2014.
    This notice is being sent to the Commission's current environmental
mailing list for this Project. State and local government
representatives should notify their constituents of the Project and
encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the proposed facilities. Ozark
provided landowners with a fact sheet prepared by the FERC entitled
``An Interstate Natural Gas Facility On My Land? What Do I Need To
Know?'' This fact sheet addresses a number of typically-asked
questions, including how to participate in the Commission's
proceedings. It is also available for viewing on the FERC Web site
(www.ferc.gov).

Summary of the Proposed Project

    Ozark proposes to abandon in place and remove from service
approximately 159 miles of mainline natural gas pipeline facilities
between Sebastian and White Counties, Arkansas. In addition, Ozark
would disconnect and abandon 29 associated metering and regulating
facilities and other appurtenant facilities, as necessary. Ozark is
proposing to abandon the aforementioned facilities due to
underutilization and lack of market interest.
    Specifically, Ozark would abandon in place the following
facilities:
     127.5 miles of 20-inch-diameter Line 1 in Franklin,
Johnson, Pope, Conway, Faulkner, and White Counties from mile post (MP)
127.52 to MP 0.00;
     26.4 miles of 10-inch-diameter Line 2 in Sebastian,
Franklin, and Logan Counties From MP 0.00 to MP 26.37;
     4.8 miles of 12-inch-diameter Line 1-A in White County
from MP 0.00 to MP 4.75;
     29 associated metering and regulating facilities, located
along Line 1, 2, and 1-A, in Franklin, Logan, Johnson, Pope, Conway,
Faulkner, and White Counties; and other appurtenant facilities, as
necessary.
    The general location of the facilities to be abandoned is shown in
appendix 1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Abandonment

    The abandonment activities, including excavation and ground
disturbance, would disturb about 23.6 acres of land, of which 22.7
acres would be within existing facility sites operated by Ozark. The
remaining acreage of impact would be within Ozark's existing easements,
pipeline right of way, or original construction corridor. Following
construction, only existing sites at Noark and Searcy Compressor
Stations and the existing permanent pipeline right-of-way would
continue to be maintained. All land disturbed outside of existing sites
or permanent pipeline right of way would be restored and return to
former uses.

Future Use of the Abandoned Pipeline Facilities

    Following the abandonment, Ozark indicates that several parties
would perform activities that are not under the jurisdiction of the
FERC. In the EA, we will provide available descriptions of the non-
jurisdictional facilities and include them under our analysis of
cumulative impacts.
    After abandonment, Ozark would transfer the assets to an affiliate,
which would lease the facilities to Magellan Pipeline Company, L.P
(Magellan) for refined petroleum products transportation service. The
affiliate and Magellan would undertake conversion work on the abandoned
lines to prepare them for refined petroleum transportation.
    Additionally, after abandonment, Ozark's existing customer,
SourceGas, would construct, install, and operate about 6.3 miles of new
2-inch- and 6-inch-diameter pipeline laterals and perform a meter
station upgrade in Logan County in order to transfer SoureGas' existing
firm service on the abandoned facilities to an economically viable
transportation alternative. Furthermore, Ozark Gas Gathering, LLC (OGG)
would make reconnections on

their system to continue service at two locations.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
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    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the abandonment of facilities under these general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species; and
     public safety.
    We will also evaluate reasonable alternatives to the proposed
Project or portions of the Project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through the FERC's eLibrary
system. Depending on the comments received during the scoping process,
we may also publish and distribute the EA to the public for an allotted
comment period. We will consider all comments on the EA before making
our recommendations to the Commission. To ensure we have the
opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section of this
NOI.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for Section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the Arkansas State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the Project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the Project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance. Our EA for the
Project will document our findings on the impacts on historic
properties and summarize the status of consultations under Section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the Project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before
December 1, 2014.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the Project docket number (CP14-539-000) with your
submission. The Commission encourages electronic filing of comments and
has expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Indian Tribes; other
interested parties and non-governmental organizations; and local
libraries and newspapers. This list also includes all affected
landowners (as defined in the Commission's regulations) who are
potential right-of-way grantors, whose property may be used temporarily
for abandonment purposes, or who own homes within certain distances of
aboveground facilities. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed Project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EAs coping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to

intervene. Instructions for becoming an intervenor are in the User's
Guide under the ``e-filing'' link on the Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP14-
539). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: October 30, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-26388 Filed 11-5-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8526-8529]
[FR Doc No: 2018-03889]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82750; File No. SR-FINRA-2018-004]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Revise the Investment Banking Representative
(Series 79) Examination

February 21, 2018.
    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 February 9, 2018, Financial Industry Regulatory

Authority, Inc. (``FINRA'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by FINRA. FINRA has designated the proposed rule change as
``constituting a stated policy, practice, or interpretation with
respect to the meaning, administration, or enforcement of an existing
rule'' under Section 19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1)
thereunder,\4\ which renders the proposal effective upon receipt of
this filing by the Commission. 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)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing revisions to the content outline and selection
specifications for the Investment Banking Representative (Series 79)
examination as part of the restructuring of the representative-level
examination program.\5\ The proposed revisions also update the material
to reflect changes to the laws, rules and regulations covered by the
examination and to incorporate the functions and associated tasks
currently performed by an Investment Banking Representative. In
addition, FINRA is proposing to make changes to the format of the
content outline. FINRA is not proposing any textual changes to the By-
Laws, Schedules to the By-Laws or Rules of FINRA.
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    \5\ FINRA also is proposing corresponding revisions to the
Series 79 question bank. Based on instruction from SEC staff, FINRA
is submitting this filing for immediate effectiveness pursuant to
Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(1) thereunder, and
is not filing the question bank. See Letter to Alden S. Adkins,
Senior Vice President and General Counsel, NASD Regulation, from
Belinda Blaine, Associate Director, Division of Market Regulation,
SEC, dated July 24, 2000. The question bank is available for SEC
review.
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    The revised Series 79 content outline is attached.\6\ The revised
Series 79 selection specifications have been submitted to the
Commission under separate cover with a request for confidential
treatment pursuant to SEA Rule 24b-2.\7\
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    \6\ The Commission notes that the content outline is attached to
the filing, not to this Notice.
    \7\ 17 CFR 240.24b-2.
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    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room. [sic]

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

    In its filing with the Commission, FINRA 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. FINRA 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
    Section 15A(g)(3) of the Act \8\ authorizes FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. In accordance with that provision, FINRA
has developed examinations that are designed to establish that persons
associated with FINRA members have attained specified levels of
competence and knowledge, consistent with applicable registration
requirements under FINRA rules. FINRA periodically reviews the content
of the examinations to determine whether revisions are necessary or
appropriate in view of changes pertaining to the subject matter covered
by the examinations.
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    \8\ 15 U.S.C. 78o-3(g)(3).
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    The SEC recently approved a proposed rule change to restructure the
FINRA representative-level qualification examination program.\9\ The
rule change, which will become effective on October 1, 2018,\10\
restructures the examination program into a new format whereby all new
representative-level applicants will be required to take a general
knowledge examination (the Securities Industry Essentials or
SIETM) and a tailored, specialized knowledge examination (a
revised representative-level qualification examination) for their
particular registered role.
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    \9\ See Securities Exchange Act Release No. 81098 (July 7,
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
    \10\ See Regulatory Notice 17-30 (SEC Approves Consolidated
FINRA Registration Rules, Restructured Representative-Level
Qualification Examinations and Changes to Continuing Education
Requirements) (October 2017).
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    The restructured program eliminates duplicative testing of general
securities knowledge on the current representative-level qualification
examinations by moving such content into the SIE examination.\11\ The
SIE examination will test fundamental securities-related knowledge,
including knowledge of basic products, the structure and function of
the securities industry, the regulatory agencies and their functions
and regulated and prohibited practices, whereas the revised
representative-level qualification examinations will test knowledge
relevant to day-to-day activities, responsibilities and job functions
of representatives.\12\
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    \11\ Each of the current representative-level examinations
covers general securities knowledge, with the exception of the
Research Analyst (Series 86 and 87) examinations.
    \12\ FINRA filed the SIE content outline with the SEC for
immediate effectiveness. See Securities Exchange Act Release No.
82578 (January 24, 2018), 83 FR 4375 (January 30, 2018) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2018-002).
In addition to the proposed rule change relating to the revised
Series 79 examination, FINRA will file with the Commission for
immediate effectiveness the content outlines for the other revised
representative-level qualification examinations.
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    As part of the restructuring process and in consultation with a
committee of industry representatives, FINRA undertook a review of the
Investment Banking Representative (Series 79) examination to remove the
general securities knowledge currently covered on the examination and
to create a tailored examination to test knowledge relevant to the day-
to-day activities, responsibilities and job functions of an Investment
Banking Representative. As a result of this review, FINRA also is
proposing to revise the Series 79 content outline to reflect changes to
the laws, rules and regulations covered by the examination and to
incorporate the functions and associated tasks currently performed by
an Investment Banking Representative. The proposed change will align
the organization of the Series 79 content outline with the organization
of the content outlines of the other revised representative-level
examinations.\13\ In addition, FINRA is proposing to make other changes
to the format of the Series 79 content outline.
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    \13\ FINRA currently has organized several FINRA qualification
examinations, such as the Securities Trader (Series 57) examination,
based on the functions that are performed by the respective
registered persons and the associated tasks. FINRA is proposing
similar layouts for all of the representative-level examinations,
including the Series 79 examination.
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    Beginning on October 1, 2018, new applicants seeking to register as
Investment Banking Representatives must pass the SIE examination and
the revised Investment Banking Representative (Series 79) examination.

Current Content Outline
    The current Series 79 content outline is divided into four
sections. The following are the four sections, denoted Section 1
through Section 4, with the associated number of questions:
    1. Collection, Analysis, and Evaluation of Data, 75 questions;
    2. Underwriting/New Financing Transactions, Types of Offerings and
Registration of Securities, 43 questions;
    3. Mergers and Acquisitions, Tender Offers and Financial
Restructuring Transactions, 34 questions; and
    4. General Securities Industry Regulations, 23 questions.
    In addition, each section includes references to the applicable
laws, rules and regulations associated with that section. The current
content outline also includes a preface (addressing, among other
things, the purpose, administration and scoring of the examination),
sample questions and reference materials.
Revised Content Outline
    As noted above, FINRA is proposing to move the general securities
knowledge currently covered on the Series 79 examination to the SIE
examination. For example, FINRA Rule 3220 (Influencing or Rewarding
Employees of Others) (the Gifts Rule) will now be tested on the SIE
examination, rather than on the Series 79 examination. As a result, the
revised Series 79 examination will test knowledge specific to the day-
to-day activities, responsibilities and job functions of an Investment
Banking Representative.
    Further, FINRA is proposing to reorganize the content outline by
dividing it into three major job functions that are performed by an
Investment Banking Representative. The following are the three major
job functions, denoted Function 1 through Function 3, with the
associated number of questions:
    Function 1: Collection, Analysis and Evaluation of Data, 37
questions;
    Function 2: Underwriting and New Financing Transactions, Types of
Offerings and Registration of Securities, 20 questions; and
    Function 3: Mergers and Acquisitions, Tender Offers and Financial
Restructuring Transactions, 18 questions.
    FINRA also is proposing to adjust the number of questions assigned
to each major job function to ensure that the overall examination
better reflects the key tasks performed by an Investment Banking
Representative. The questions on the revised Series 79 examination will
place emphasis on tasks such as advising on or facilitating debt or
equity offerings through a private placement or public offering, and
advising or facilitating mergers and acquisitions, tender offers,
financial restructurings and asset sales.
    Each function also includes specific tasks describing activities
associated with performing that function. There are three tasks (1.1-
1.3) associated with Function 1; \14\ six tasks (2.1-2.6) associated
with Function 2; \15\ and six tasks (3.1-3.6) associated with Function
3.\16\ For example, one such task (Task 1.3) is conducting due
diligence.\17\ Further, the content outline lists the knowledge
required to perform each function and associated tasks (e.g., due
diligence processes on both the buy- and sell-sides). In addition,
where applicable, the content outline lists the laws, rules and
regulations a candidate is expected to know to perform each function
and associated tasks (e.g., SEC Rule 135a).
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    \14\ See Exhibit 3a, Outline Pages 3-6. The outline is attached
as Exhibit 3a to the 19b-4 form.
    \15\ See Exhibit 3a, Outline Pages 7-11.
    \16\ See Exhibit 3a, Outline Pages 12-15.
    \17\ See Exhibit 3a, Outline Pages 5-6.
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    FINRA also is proposing to revise the content outline to reflect
changes to the laws, rules and regulations covered by the examination.
Among other revisions, FINRA is proposing to revise the content outline
to reflect the adoption of new FINRA rules (e.g., FINRA Rule 5131 (New
Issue Allocations and Distributions)).
    FINRA is proposing similar changes to the Series 79 selection
specifications and question bank.
    Finally, FINRA is proposing to make other changes to the format of
the content outline, including to the preface, sample questions and
reference materials.\18\ Among other changes, FINRA is proposing to:
(1) Reduce the preface to one page of introductory information; (2)
streamline details regarding the purpose of the examination; (3) move
the application procedures to FINRA's website; and (4) explain that the
passing score is established using a standard setting procedure, and
that a statistical adjustment process known as equating is used in
scoring the examination.\19\
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    \18\ FINRA is proposing similar changes to the content outlines
for other representative-level examinations.
    \19\ See Exhibit 3a, Outline Page 2.
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    As a result of the proposed changes, the number of scored questions
on the Series 79 examination will be reduced from 175 questions to 75
questions.\20\ Further, the test time, which is the amount of time
candidates will have to complete the examination, will be reduced from
five hours to two hours and 30 minutes. Currently, a score of 73
percent is required to pass the examination. FINRA will publish the
passing score of the revised Series 79 examination on its website, at
www.finra.org, prior to its first administration.
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    \20\ Consistent with FINRA's practice of including ``pretest''
questions on examinations, the Series 79 examination includes 10
additional, unidentified pretest questions that do not contribute
towards the candidate's score. The pretest questions are designed to
ensure that new examination questions meet acceptable testing
standards prior to use for scoring purposes. Therefore, the Series
79 examination actually consists of 85 questions, 75 of which are
scored. The 10 pretest questions are randomly distributed throughout
the examination.
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Availability of Content Outline
    The current Series 79 content outline is available on FINRA's
website. The revised Series 79 content outline will replace the current
content outline on FINRA's website, and it will be made available on
the website on the date of this filing.
    FINRA is filing the proposed rule change for immediate
effectiveness. The implementation date will be October 1, 2018, to
coincide with the implementation of the restructured representative-
level examination program. FINRA will also announce the implementation
date of the proposed rule change in a Regulatory Notice.
2. Statutory Basis
    FINRA believes that the proposed revisions to the Series 79
examination program are consistent with the provisions of Section
15A(b)(6) of the Act,\21\ which requires, among other things, that
FINRA rules must be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and, in general, to protect investors and the public interest, and
Section 15A(g)(3) of the Act,\22\ which authorizes FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. The proposed rule change will improve
the examination program, without compromising the qualification
standards, by removing the general knowledge content currently covered
on the Series 79 examination, since that content will be covered in the
co-requisite SIE examination. In addition, the proposed revisions will
further the purposes of the Act by updating the examination program to
reflect changes to the laws, rules and regulations covered by the
examination and to

incorporate the functions and associated tasks currently performed by
an Investment Banking Representative.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78o-3(b)(6).
    \22\ 15 U.S.C. 78o-3(g)(3).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The updated examination aligns
with the functions and associated tasks currently performed by an
Investment Banking Representative and tests knowledge of the most
current laws, rules, regulations and skills relevant to those functions
and associated tasks. As such, the proposed revisions would make the
examination more effective. FINRA also provided a detailed economic
impact assessment regarding the introduction of the SIE examination and
the restructuring of the representative-level examinations as part of
the proposed rule change to restructure the FINRA representative-level
qualification examination program.\23\
---------------------------------------------------------------------------

    \23\ See Securities Exchange Act Release No. 80371 (April 4,
2017), 82 FR 17336 (April 10, 2017) (Notice of Filing of File No.
SR-FINRA-2017-007).
---------------------------------------------------------------------------

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) of the Act \24\ and paragraph (f)(1) of Rule 19b-4
thereunder.\25\ 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.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-FINRA-2018-004 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-FINRA-2018-004. 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 FINRA. 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-FINRA-2018-004 and should be submitted
on or before March 20, 2018.
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03889 Filed 2-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53385-53387]
[FR Doc No: 2015-21894]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA 2015-0146]

Agency Information Collection Activities; Extension of a
Currently-Approved Information Collection Request: Training
Certification for Entry-Level Commercial Motor Vehicle Operators

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. The Agency is asking
OMB to renew without change FMCSA's estimate of the paperwork burden
imposed by its regulations pertaining to the training of certain entry-
level drivers of commercial motor vehicles (CMVs). Since 2004, FMCSA
regulations have prohibited the operation of certain CMVs by
individuals with less than 1 year of CMV-driving experience until they
obtain this training. On May 28, 2015, FMCSA published a Federal
Register notice allowing for a 60-day comment period on this ICR. The
agency received no comments in response to that notice.

DATES: Please send your comments to this notice by October 5, 2015 OMB
must receive your comments by this date to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2015-0146. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
<EMAIL_ADDRESS>faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division, Department of Transportation, FMCSA,
West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC
20590. Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Title: Training Certification for Entry-Level Commercial Motor
Vehicle Operators.
    OMB Control Number: 2126-0028.
    Type of Request: Extension of a currently-approved ICR.
    Respondents: Entry-level CDL drivers.
    Estimated Number of Respondents: 397,500.
    Estimated Time per Response: 10 minutes.
    Expiration Date: January 31, 2016.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 66,250 hours. FMCSA estimates that
an entry-level driver requires approximately 10 minutes to complete the
tasks necessary to comply with the regulation. Those tasks are
photocopying the training certificate, giving the photocopy to the
motor carrier employer, and retaining the original of the certificate.
Therefore, the annual burden for all entry-level drivers is 66,250
hours [397,500 drivers x 10/60 minutes to respond = 66,250 hours].

Background

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C.
31301 et seq.) established the commercial driver's license (CDL)
program and directed the Federal Highway Administration (FHWA), FMCSA's
predecessor agency, to establish minimum qualifications for issuance of
a CDL. After public notice and an opportunity for comment, the FHWA
established standards for the knowledge and skills that a CDL applicant
must satisfy.
    In 1985, the FHWA published the ``Model Curriculum for Training
Tractor-Trailer Drivers.'' The FHWA did not mandate driver training at
that time. It believed the cost of developing a comprehensive driver-
training program was too high in terms of agency resources. This was
especially so, FHWA believed, in light of its reasonable expectation
that the level of safety of entry level drivers would soon be elevated
because (1) the deadline for States to adopt the new mandatory CDL-
licensing standards for driver knowledge and skills was still in the
future, and (2) many truck driving schools had updated their curricula
in light of the new model curriculum (``Truck Safety: Information on
Driver Training,'' Report of the U.S. General Accounting Office, GAO/
RCED-89-163, August 1989, pages 4 and 5).
    In 1991, the Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) (Pub. L. 102-240, December 18, 1991) directed the FHWA to
``commence a rulemaking proceeding on the need to require training of
all entry-level drivers of commercial motor vehicles (CMVs)'' (Section
4007(a)(2)). On June 21, 1993, the FHWA issued an advance notice of
proposed rulemaking entitled, ``Commercial Motor Vehicles: Training for
All Entry Level Drivers'' (58 FR 33874). The Agency also began a study
of the effectiveness of the driver training currently being received by
entry-level CMV drivers. The results of the study were published in
1997 under the title ``Adequacy of Commercial Motor Vehicle Driver
Training.'' The study is available under FMCSA Docket 1997-2199 at the
Federal eRulemaking Portal (www.regulations.gov) described above. The
study found that three segments of the trucking industry were not
receiving adequate entry-level training: Heavy truck, motor coach, and
school bus.
    On August 15, 2003, FMCSA published a notice of proposed rulemaking
(NPRM) entitled, ``Minimum Training Requirements for Entry-Level
Commercial Motor Vehicle Operators'' (68 FR 48863). The Agency proposed
mandatory training for operators of CMVs on four topics: Driver
qualifications, hours-of-service of drivers, driver wellness and
whistle-blower protection. On May 21, 2004, FMCSA by final rule
prohibited a motor carrier from allowing an entry-level driver to
operate a CMV until it received a written certificate indicating that
the driver had received training in the four subject areas (69 FR
29384). The rule became effective on July 20, 2004. Training providers
were required to provide a certificate to each driver trainee receiving
the requisite training.
    The Agency is asking OMB to renew without change FMCSA's estimate
of the paperwork burden imposed by its regulations. (The Agency is
currently conducting a negotiated rulemaking to develop a notice of
proposed rulemaking (NPRM) for training of entry-level CMV operators,
and is currently preparing a NPRM based on the consensus
recommendations of the Entry-Level Driver Training Advisory Committee;
if the NPRM proposes amending driver-training requirements, the Agency
will submit an estimate of the revised ICR burden of the requirements
for OMB approval).
    Definitions: (1) ``Federal Motor Carrier Safety Regulations''
(FMCSRs) are parts 350-399 of volume 49 of the Code of Federal
Regulations. (2) ``Commercial motor vehicle'' (CMV) means a motor
vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle--(a) has a gross
combination weight rating of 11,794 kilograms or more (26,001 pounds or
more) inclusive of a towed unit(s) with a gross vehicle weight rating
(GVWR) of more than 4,536 kilograms (10,000 pounds); or (b) has a GVWR
of 11,794 or more kilograms (26,001 pounds or more); or (c) is designed
to transport 16 or more passengers, including the driver; or (d) is of
any size and is used in the transportation of hazardous materials as

defined in 49 CFR 383.5 (49 CFR 383.5). The definition of CMV found at
49 CFR 390.5 of the FMCSRs is not applicable to this notice. (3)
``Commercial Driver's License (CDL) Driver'' means the operator of a
CMV because such operators must possess a valid commercial driver's
license (CDL) (Section 383.23(a)(2)). (4) ``Entry-level CDL Driver''
means a driver with less than one year of experience operating a CMV
with a CDL in interstate commerce (49 CFR 380.502(b)).

Public Comments Invited

    FMCSA requests that you comment on any aspect of this information
collection, including: (1) Whether the proposed collection is necessary
for FMCSA to perform its functions, (2) the accuracy of the estimated
burden, (3) ways for the FMCSA to enhance the quality, usefulness, and
clarity of the collected information, and (4) ways that the burden
could be minimized without reducing the quality of the collected
information. The agency will summarize or include your comments in the
request for OMB's clearance of this information collection.

    Issued under the authority delegated in 49 CFR 1.87 on: August
25, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2015-21894 Filed 9-2-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Notices]
[Pages 26765-26766]
[FR Doc No: 2012-10958]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0879]

David H.M. Phelps: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The U.S. Food and Drug Administration (FDA) is issuing an
order under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
debarring David H.M. Phelps for a period of 20 years from importing
articles of food or offering such articles for importation into the
United States. FDA bases this order on a finding that Mr. Phelps was
convicted, as defined in section 306(l)(1)(B) of the FD&C Act (21
U.S.C. 335a(l)(1)(B)), of 10 felony counts under Federal law for
conduct relating to the importation into the United States of an
article of food. Mr. Phelps was given notice of the proposed debarment
and an opportunity to request a hearing within the timeframe prescribed
by regulation. As of March 31, 2012 (30 days after receipt of the
notice), Mr. Phelps had not responded. Mr. Phelps's failure to respond
constitutes a waiver of his right to a hearing concerning this action.

DATES: This order is effective May 7, 2012.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Drive, Rockville,
MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the FD&C Act (21 U.S.C. 335a(b)(1)(C))
permits FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the FD&C Act (21 U.S.C.
335a(b)(3)(A)), that the individual has been convicted of a felony for
conduct relating to the importation into the United States of any food.
    On May 4, 2011, Mr. Phelps was convicted, as defined in section
306(l)(1)(B) of the FD&C Act, when the U.S. District Court for the
Southern District of Alabama accepted his plea of guilty and entered
judgment against him for the following offenses: One count of
conspiracy to commit offenses against the laws of the United States, in
violation of 18 U.S.C. 371; nine counts of false labeling under the
Lacey Act, in violation of 16 U.S.C. 3372(d)(2) and 3373(d)(3)(A); two
counts of receipt of merchandise imported contrary to law, in violation
of 18 U.S.C. 545; and one count of misbranding, in violation of 21
U.S.C. 331(a), 333(a)(2), and 343(a)(1) and (b).
    FDA's finding that debarment is appropriate is based on the felony
convictions referenced herein for conduct relating to the importation
into the United States of any food. The factual basis for these
convictions is as follows: As stated in the factual resume accompanying
the plea agreement referenced above and alleged in the indictment filed
against Mr. Phelps, Mr. Phelps was co-owner, vice president, and
secretary of CSE Inc., which was used to buy and sell seafood. He was
also a co-owner and vice president of RF Inc. RF Inc. also sold
seafood, including but not limited to shrimp, oysters, Lake Victoria
perch, and types of catfish, commonly called basa, swai, and sutchi.
    Beginning on or about January 1, 2004, and continuing through on or
about November 8, 2006, Mr. Phelps knowingly, willingly, and unlawfully
combined, conspired, confederated, and agreed with his coconspirators
to commit offenses against the laws of the United States related to
importation of food. This conduct was in violation of 18 U.S.C. 371.
Specifically, Mr. Phelps received and bought 81,000 pounds of fish of
the genus Pangasius (a type of catfish commonly called basa, swai, or
sutchi) that he knew had been unlawfully imported from Vietnam. He knew
that the fish was falsely labeled as sole when it was imported, and
that it was imported without the required antidumping duty having been
paid. He created or caused others to create false invoices and labeling
for this fish, and other fish of the genus Pangasius bought and sold to
customers, totaling approximately 101,078 pounds. Mr. Phelps sold and
invoiced the fish as grouper or sole, allowing him to sell the fish in
interstate commerce at higher profit margins and more readily than if
the fish had been accurately labeled and described.
    From on or about February 9, 2005, through on or about June 27,
2005, Mr. Phelps knowingly made and caused to be made a false record,
account, and label for, and false identification of fish, that had been
and was intended to be

transported in interstate and foreign commerce, having a market value
greater than $350, and that involved the sale and purchase, the offer
of sale and purchase, and the intent to sell and purchase fish, and the
importation of fish, in that he created and caused to be created
invoices, boxes, and other documents that falsely identified the fish.
Specifically, Mr. Phelps falsely identified fish as sole and
Cynoglossus bilineatus, when in fact it was fish of the genus
Pangasius, a type of catfish. This conduct was in violation of 16
U.S.C. 3372(d)(2) and 3373(3)(A).
    From about March 30, 2005, through April 4, 2005, Mr. Phelps
knowingly received, concealed, bought, sold, and facilitated the
transportation, concealment, and sale of merchandise after importation,
specifically frozen fish fillets of the genus Pangasius, knowing it to
have been imported and brought into the United States contrary to law,
that is falsely declared and with applicable duties having been paid.
This conduct was in violation of 18 U.S.C. 545.
    From approximately March 30, 2005, through approximately June 22,
2005, with intent to defraud and mislead, Mr. Phelps introduced and
delivered and caused to be introduced and delivered into interstate
commerce food, specifically frozen fish fillets, that was misbranded in
that it had been falsely and misleadingly labeled and described as sole
and Cynoglossus bilineatus, when in fact the fish was of the genus
Pangasius. This conduct in violation of 21 U.S.C. 331(a), 333(a)(2),
and 343(a)(1) and (b).
    As a result of his conviction, on February 17, 2012, FDA sent Mr.
Phelps a notice by certified mail proposing to debar him for a period
of 20 years from importing articles of food or offering such articles
for import into the United States. The proposal was based on a finding
under section 306(b)(1)(C) of the FD&C Act that Mr. Phelps was
convicted of 10 felony counts under Federal law for conduct relating to
the importation into the United States of an article of food because
he: Conspired to and committed offenses related to the importation of
fish into the United States; falsely identified fish; concealed,
bought, sold, and facilitated the transportation, concealment, and sale
of frozen fish fillets after importation, knowing it to have been
imported and brought into the United States contrary to law; and
introduced and delivered misbranded fish into interstate commerce. The
proposal was also based on a determination, after consideration of the
factors set forth in section 306(c)(3) of the FD&C Act (21 U.S.C.
335a(c)(3)), that Mr. Phelps should be subject to a 20-year period of
debarment. The proposal also offered Mr. Phelps an opportunity to
request a hearing, providing him 30 days from the date of receipt of
the letter in which to file the request, and advised him that failure
to request a hearing constituted a waiver of the opportunity for a
hearing and of any contentions concerning this action. Mr. Phelps
failed to respond within the timeframe prescribed by regulation and
has, therefore, waived his opportunity for a hearing and waived any
contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of
Regulatory Affairs, under section 306(b)(1)(C) of the FD&C Act, and
under authority delegated to the Director (Staff Manual Guide 1410.35),
finds that Mr. David H.M. Phelps has been convicted of 10 felony counts
under Federal law for conduct relating to the importation of an article
of food into the United States and that he is subject to a 20-year
period of debarment.
    As a result of the foregoing finding, Mr. Phelps is debarred for a
period of 20 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Pursuant to section 301(cc) of the FD&C Act (21 U.S.C. 331(cc)), the
importing or offering for import into the United States of an article
of food by, with the assistance of, or at the direction of Mr. Phelps
is a prohibited act.
    Any application by Mr. Phelps for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2011-N-0879 and sent to the Division of Dockets Management (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: April 24, 2012.
Armando Zamora,
Acting Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2012-10958 Filed 5-4-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53354-53355]
[FR Doc No: 2020-18914]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC20-24-000]

Commission Information Collection Activities (FERC-725A(1C);
Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of extension information collection and request for
comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the extension to the information
collection, FERC-725A(1C) (Mandatory Reliability Standards for Bulk-
Power System: Reliability Standard TOP-001-4) which will be submitted
to the Office of Management and Budget (OMB) for a review of the
information collection requirements.

DATES: Comments on the collection of information are due October 27,
2020.

ADDRESSES: Please submit a copy of your comments to the Commission
(identified by Docket No. IC20-24-000) by one of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.
     U.S. Postal Service Mail: Persons unable to file
electronically may mail similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
     Effective 7/1/2020, delivery of filings other than by
eFiling or the U.S. Postal Service should be delivered to Health and
Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance contact FERC Online Support by email at
<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER> (toll-free),
or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Title: FERC-725A(1C) (Mandatory Reliability
Standards for Bulk-Power System: Reliability Standard TOP-001-4)
    OMB Control No.: 1902-0298.
    Type of Request: Extension to the information collection, with no
changes to the reporting and recordkeeping requirements.
    Abstract: In a petition dated March 6, 2017, the North American
Electric Reliability Corporation (NERC) requested Commission approval
for proposed Reliability Standard TOP-001-4 (Transmission Operations).
NERC stated that the proposed Reliability Standards address the
Commission directives in Order No. 817 related to: (i) Transmission
operator monitoring of non-bulk electric system (BES) facilities; (ii)
redundancy and diverse routing of transmission operator, balancing
authority, and reliability coordinator data exchange capabilities; and
(iii) testing of alternative or less frequently used data exchange
capabilities. In an order on April 17, 2017,\1\ the implementation of
Reliability Standard TOP-001-4 and the retirement of Reliability
Standard TOP-001-3 was approved.
---------------------------------------------------------------------------

    \1\ The Delegated Letter Order is available in the Commission's
eLibrary at https://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=14560616.
---------------------------------------------------------------------------

    Type of Respondents: Transmission Operators (TOP) and Balancing
Authorities (BA).
    Estimate of Annual Burden: \2\ The Commission estimates the annual
public reporting burden and cost as follows.
---------------------------------------------------------------------------

    \2\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 Code of Federal Regulations 1320.3.

----------------------------------------------------------------------------------------------------------------
                                  Number of                                      Average burden    Total annual
    Information collection      respondents &    Annual Number   Total Number     hours & cost    burden hours &
         requirements           type of entity   of responses    of responses     per response     total annual
                                     \3\        per respondent                        ($)            cost ($)
                               (1)............             (2)     (1) * (2) =  (4) \4\........  (3) * (4) = (5)
                                                                           (3)
----------------------------------------------------------------------------------------------------------------
                                                  FERC-725A(1C)
                                                  TOP-001-4 \5\
----------------------------------------------------------------------------------------------------------------
Reporting (R10, R20, & R21),   321 (TOP)......               1             321  3 hrs.; $210.57  963 hrs.;
 ongoing.                                                                                $67,592.97.
Recordkeeping, ongoing.......  321 (TOP)......               1             321  2 hrs.; $82.06.  642 hrs.;
                                                                                $26,341.26.
                              ----------------------------------------------------------------------------------
    TOP Sub-Totals...........  ...............  ..............  ..............  5 hrs.; $292.63  1,605 hrs.;
                                                                                $93,934.23.
Reporting (R23 & R24),         97 (BA)........               1              97  2 hrs.; $140.38  194 hrs.;
 ongoing.                                                                                $13,616.86.
Recordkeeping, ongoing.......  97 (BA)........               1              97  4 hrs.; $164.12  388 hrs.;
                                                                                $15,919.64.
                              ----------------------------------------------------------------------------------
    BA Sub-Totals............  ...............  ..............  ..............  6hrs.; $304.50.  582 hrs.;
                                                                                $29,536.50.
                              ----------------------------------------------------------------------------------
        FERC-725A(1C) ongoing  ...............  ..............  ..............  ...............  2,187 hrs.;
         total.                                                                                $123,470.73.
----------------------------------------------------------------------------------------------------------------
\3\ Our estimates are based on the NERC Compliance Registry of 7/17/2020, which indicates there are 321 entities
  registered as TOPs and 97 entities registered as BAs within the United States. One entity may be registered as
  having several roles.
\4\ The hourly cost figures, for salary plus benefits, for the reliability standards are based on Bureau of
  Labor Statistics (BLS) information (at http://www.bls.gov/oes/current/naics2_22.htm), as of May 2019. For
  reporting requirements, an electrical engineer (code 17-2071) is $70.19/hour; for the recordkeeping
  requirements, an information and record clerk (code 43-4199) is $41.03/hour.
\5\ Requirement R21 (applicable to TOPs in ongoing yrs.) covers quarterly testing and associated reporting and
  recordkeeping requirements. Requirement R24 (applicable to BAs in ongoing yrs.) covers quarterly testing and
  associated engineering and recordkeeping requirements.

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: August 24, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-18914 Filed 8-27-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71478-71481]
[FR Doc No: 2023-22873]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No.<PHONE_NUMBER>]
RIN 0694-AJ39

Existing Validated End-User Authorizations in the People's
Republic of China: Samsung China Semiconductor Co. Ltd. and SK Hynix
Semiconductor (China) Ltd.

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to revise the existing
Validated End-User (VEU) list for the People's Republic of China (PRC)
by updating the list of eligible items in the EAR for Samsung China
Semiconductor Co. Ltd. and SK hynix Semiconductor (China) Ltd. In
addition, this rule makes corresponding changes consistent with the
scope of the amended authorizations for these VEUs.

DATES: This rule is effective October 17, 2023.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, U.S. Department of Commerce, Phone: 202-482-
5991; Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

Authorization Validated End-User

    Validated End-Users (VEUs) are designated entities located in
eligible destinations to which eligible items may be exported,
reexported, or transferred (in-country) under a general authorization
instead of a license. The names of the VEUs, as well as the dates they
were so designated, and the associated eligible destinations
(facilities) and items are identified in supplement no. 7 to part 748
of the Export Administration Regulations (EAR, 15 CFR parts 730-774).
Pursuant to Sec.  748.15 (Authorization Validated End-User (VEU)),
eligible destinations of VEUs may obtain eligible items without the
need for the VEUs' supplier to obtain an export or reexport license
from BIS. Eligible items vary among VEUs and may include commodities,
software, and/or technology, except items controlled for missile
technology or crime control reasons on the Commerce Control List (CCL)
(supp. no. 1 to part 774 of the EAR).
    VEUs are reviewed and approved by the U.S. Government in accordance
with the provisions of Section 748.15 and Supplement Nos. 8 and 9 to
part 748 of the EAR. The End-User Review Committee (ERC), composed of
representatives from the Departments of State, Defense, Energy,
Commerce, and other agencies as appropriate, is responsible for
administering the VEU program. BIS amended the EAR in a final rule
published on June 19, 2007 (72 FR 33646), to create Authorization VEU.

Clarification to Heading of Supplement No. 7 to Part 748

    This rule clarifies the heading of supplement no. 7 to part 748 by
adding the parenthetical ``(in-country)'' after the word ``transfer''
to make clear that the term that applies to this supplement is transfer
(in-country) as described in Sec.  734.16 of the EAR and not the
defined term ``transfer'' in Sec.  772.1 of the EAR.

Amendments to Existing VEU Authorizations for Samsung China
Semiconductor Co. Ltd. and SK Hynix Semiconductor (China) Ltd.

Revision to the List of Eligible Items for Samsung China Semiconductor
Co. Ltd.

    In this rule, BIS amends supplement no. 7 to part 748 to revise the
list of eligible items that may be exported, reexported or transferred
(in-country) to Samsung China Semiconductor Co. Ltd. under
Authorization VEU. Specifically, this rule amends the list of items
eligible for export, reexport or transfer (in-country) to Samsung China
Semiconductor Co. Ltd. under Authorization VEU to read: ``All items
subject to the Export Administration Regulations, except ``extreme
ultraviolet'' (``EUV'') equipment and ``specially designed'' ``parts,''
``components,'' ``software,'' and ``technology,'' necessary for the
``development'' or ``production'' of NAND memory. Excluded from
Sec. Sec.  744.6(c)(2)(i-iii), and 744.23(a)(1)(iii) and (a)(2)(iii) of
the EAR. See Sec.  748.15(d).''

Revisions to the List of Eligible Items for SK Hynix Semiconductor
(China) Ltd.

    BIS also amends supplement no. 7 to part 748 to revise the list of
items eligible for export, reexport or transfer (in-country) to SK
hynix Semiconductor (China) Ltd. under Authorization VEU to read: ``All
items subject to the Export Administration Regulations, except
``extreme ultraviolet'' (``EUV'') equipment and ``specially designed''
``parts,'' ``components,'' ``software,'' and'' technology,'' necessary
for the ``development'' or ``production'' of dynamic random-access
memory (DRAM). Excluded from Sec. Sec.  744.6(c)(2)(i-iii) and
744.23(a)(1)(iii) and (a)(2)(iii) of the EAR. See Sec.  748.15(d).''

Amendment to Sec.  748.15 Authorization Validated End-User (VEU)

    In addition to the amendments to the lists of eligible items
discussed above, BIS also makes corresponding changes to Sec.  748.15,
consistent with the scope of the amended authorizations for these VEUs.
Specifically, in this rule, BIS adds a new sentence after the first
sentence of Sec.  748.15(d) that provides an exclusion to the
restrictions of Sec. Sec.  744.6(c)(2)(i-iii) and 744.23(a)(1)(iii) and
(a)(2)(iii) controls. The added sentence states, ``This restriction
does not apply to Validated End Users identified in supplement no. 7 to
part 748--Authorization Validated End-User (VEU) as excluded from
Sec. Sec.  744.6(c)(2)(i-iii) and 744.23(a)(1)(iii) and (a)(2)(iii).''
This serves to inform exporters that Authorization VEU may be used to
overcome the license requirements set forth in Sec. Sec.  744.6(c) and
744.23(a)(1)(iii) and (a)(2)(iii) for identified VEUs.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS does not
anticipate a change to the burden hours associated with this collection
as a result of this rule. Information regarding the collection,
including all supporting materials, can be accessed at https://www.reginfo.gov/public/do/PRAMain.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for

public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

    Accordingly, part 748 of the EAR (15 CFR parts 730-774) is amended
as follows:

PART 748--[AMENDED]

0
1. The authority citation for part 748 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 4, 2022, 87 FR 48077 (August 5, 2021).

0
2. Amend Sec.  748.15(d) by adding a sentence after the first sentence
to read as follows:

Sec.  748.15  Authorization Validated End-User (VEU).

* * * * *
    (d) * * * Items obtained under authorization VEU in China may be
used only for civil end uses and may not be used for any activities
described in part 744 of the EAR. The restrictions of Sec. Sec.
744.6(c)(2)(i) through (iii) and 744.23(a)(1)(iii) and (a)(2)(iii) do
not apply to VEUs identified in supplement no. 7 to part 748 as
excluded from Sec. Sec.  744.6(c)(2)(i) through (iii) and
744.23(a)(1)(iii) and (a)(2)(iii). * * *
* * * * *

0
3. Amend Supplement No. 7 to part 748 by revising the heading of the
supplement and the entries for ``Samsung China Semiconductor Co. Ltd.''
and ``SK hynix Semiconductor (China) Ltd.'' in ``China (People's
Republic of)'' to read as follows:

Supplement No. 7 to Part 748--Authorization Validated End-User (VEU):
List of Validated End-Users, Respective Items Eligible for Export,
Reexport and Transfer (In-Country), and Eligible Destinations

----------------------------------------------------------------------------------------------------------------
                                                                                Federal Register
       Country         Validated end-user    Eligible items (by ECCN)  Eligible destination        citation
----------------------------------------------------------------------------------------------------------------
 Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
                                              to Sec.   748.15(c).
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Samsung China         All items subject to  Samsung China              78 FR 41291, 7/10/
 Semiconductor Co.     the Export            Semiconductor Co., Ltd.,   13. 78 FR 69535, 11/
 Ltd.                  Administration        No. 1999, North Xiaohe     20/13. 79 FR 30713,
                       Regulations (EAR),    Road, Xi'an, China         5/29/14. 80 FR
                       except ``extreme      710119.                    11863, 3/5/15. 88
                       ultraviolet''                                    FR [INSERT PAGE
                       (``EUV'') equipment                              NUMBER], 10/17/23.
                       and ``specially
                       designed''
                       ``parts,''
                       ``components,''
                       ``software,'' and
                       ``technology''
                       therefor, necessary
                       for the
                       ``development'' or
                       ``production'' of
                       NAND memory.
                       Excluded from Sec.
                       Sec.
                       744.6(c)(2)(i-iii)
                       and
                       744.23(a)(1)(iii)
                       and (a)(2)(iii) of
                       the EAR. See Sec.
                       748.15(d).

                                                  * * * * * * *
SK hynix              All items subject to  SK hynix Semiconductor     75 FR 62462, 10/12/
 Semiconductor         the Export            (China) Ltd., Lot K7,      10. 77 FR 40258, 7/
 (China) Ltd.          Administration        Wuxi High-tech Zone,       9/12. 78 FR 3319, 1/
                       Regulations, except   Comprehensive Bonded       16/13. 78 FR 69537,
                       ``extreme             Zone, Wuxi New District,   11/20/13. 88 FR
                       ultraviolet''         Jiangsu Province, China    [INSERT PAGE
                       (``EUV'') equipment   214028.                    NUMBER], 10/17/23.
                       and ``specially
                       designed''
                       ``parts,''
                       ``components,''
                       ``software,'' and
                       ``technology,''
                       necessary for the
                       ``development'' or
                       ``production'' of
                       dynamic random-
                       access memory
                       (DRAM). Excluded
                       from Sec.  Sec.
                       744.6(c)(2)(i-iii)
                       and
                       744.23(a)(1)(iii)
                       and (a)(2)(iii) of
                       the EAR. See Sec.
                       748.15(d).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2023-22873 Filed 10-13-23; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: February 20, 2007 (Volume 72, Number 33)]
[Notices]
[Page 7804-7806]
[DOCID:fr20fe07-36]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55281; File No. SR-NYSE-2007-07]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Extension of the Crossing Session III and IV Pilot

February 12, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 26, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder, which
renders it effective upon filing with the Commission.\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).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE proposes to extend until February 1, 2008 the following
pilot programs (``Pilots''): Crossing Session III, for the execution of
guaranteed price coupled orders by member organizations to fill the
balance of customer orders at a price that was guaranteed to a customer
prior to the close of the Exchange's 9:30 a.m. to 4:00 p.m. trading
session; and Crossing Session IV, whereby an unfilled balance of an
order may be filled at a price such that the entire order is filled at
no worse price than the Volume Weighted Average Price (``VWAP'') for
the subject security. The text of the proposed rule change is available
at the NYSE, the Commission's Public Reference Room, and http://www.nyse.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 NYSE 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
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
    In SR-NYSE-2002-40,\5\ the Commission approved an order
establishing two new crossing sessions (Crossing Sessions III and IV)
in the Exchange's Off-Hours Trading Facility (``OHTF'') as a pilot
program (``Pilot''), expiring on December 1, 2004. Subsequently, the
Commission published two notices of filing and immediate effectiveness
of a proposed rule change extending the Pilot until

February 1, 2006 \6\ and until February 1, 2007.\7\
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    \5\ See Securities Exchange Act Release No. 48857 (December 1,
2003), 68 FR 68440 (December 8, 2003).
    \6\ See Securities Exchange Act Release No. 51091 (January 28,
2005), 70 FR 6484 (February 7, 2005) (SR-NYSE-2005-01).
    \7\ See Securities Exchange Act Release No. 53275 (February 13,
2006), 71 FR 8626 (February 17, 2006) (SR-NYSE-2006-02).
---------------------------------------------------------------------------

    This proposal extends the Pilot until February 1, 2008.\8\ Crossing
Sessions III and IV are described below.
---------------------------------------------------------------------------

    \8\ The NYSE confirmed that the Pilots will continue to function
in the same manner that they operated prior to the one-year
extension. Telephone conversation between Jean Walsh, Principal Rule
Counsel, Office of General Counsel, NYSE, and Tim Fox, Special
Counsel, Division of Market Regulation, Commission and Johnna B.
Dumler, Attorney, Division, Commission on February 8, 2007.
---------------------------------------------------------------------------

Background
    The purpose of the original proposed rule change was to add two
additional ``Crossing Sessions'' (Crossing Sessions III and IV) to the
Exchange's OHTF. Before the proposed rule change, the OHTF consisted of
Crossing Sessions I and II. Crossing Session I permits the execution,
at the Exchange's closing price, of single-stock, single-sided closing
price orders and crosses of single-stock, and closing price buy and
sell orders. Crossing Session II permits the execution of crosses of
multiple-stock (``basket'') aggregate priced buy and sell orders. For
Crossing Session II, trade reporting is accomplished by reporting to
the Consolidated Tape the total number of shares and the total market
value of the aggregate-price trades. There is no indication of the
individual component stocks involved in the aggregate-price
transactions.
Crossing Session III
    The Exchange is proposing to extend until February 1, 2008, the
Pilot in Crossing Session III. Crossing Session III is described in
Exchange Rule 907. This Pilot would continue to allow for the execution
on the NYSE of ``guaranteed price coupled orders'' whereby member
organizations could fill the unfilled balance of a customer order at a
price which was guaranteed to the customer prior to the close of the
Exchange's 9:30 a.m. to 4:00 p.m. trading session.
The Granting of ``Upstairs Stops''
    In serving their institutional customers, member firms may offer
them a guarantee that a large size order will receive no worse than a
particular price. Such a practice is usually referred to as an
``upstairs stop'' meaning that the firm guarantees that its customer's
order will be executed at no worse price than the agreed-upon,
guaranteed price, with the member firm trading for its own account, if
necessary, to effectuate the guarantee.
    Typically, a member firm will seek to execute as much of the order
as possible during the trading day at or below the ``stop'' price (in
the case of a buy order) or at or above the ``stop'' price (in the case
of a sell order). Any portion of the order not filled during the
trading day will be completed after hours, with the firm either buying
from, or selling to, its customer at a price which ensures that the
entire order is executed at a price which is no worse than the ``stop''
price.
    Member firms typically execute the unfilled balance of the order,
after the U.S. Consolidated Tape is closed, in the London over-the-
counter market, where trades are not reported in real time. The purpose
of this is simply to minimize the possibility that other market
participants may ascertain the firm's, or the customer's inventory
position, and possibly trade in the subject security to the detriment
of the firm that granted the ``upstairs stop.'' It is more transparent
to print the trade in the NYSE primary market during U.S. Consolidated
Tape hours.
Crossing Session IV
    The Exchange is also proposing to extend the Pilot in Crossing
Session IV (which is also described in NYSE Rule 907), until February
1, 2008. Crossing Session IV is a facility whereby member organizations
may fill the unfilled balance of a customer's order at a price such
that the overall order is filled at a price that is no worse than the
VWAP for the subject security on that trading day. The member
organization would be required to document its VWAP agreement with the
customer and the basis upon which the VWAP price would be determined.
Operation of Crossing Sessions
    As described in NYSE Information-Memos 04-30 and 05-57 and NYSE
Rule 907, Crossing Sessions III and IV would continue to operate as
follows:
    (i) The original order as to which an ``upstairs stop'' or ``VWAP''
has been granted may be of any size;
    (ii) The customer must have received a ``stop'' (guaranteed price)
or VWAP for the entire order;
    (iii) The member firm must record all details of the order,
including the price it has guaranteed its customer or that the entire
order will be filled at no worse than the VWAP;
    (iv) An order or the unfilled balance of an order that would be
executed in Crossing Session III or Crossing Session IV may be of any
size;
    (v) The customer's order must be executed in Crossing Session III
or Crossing Session IV at a price that ensures that the entire order is
executed at a price that is no worse than the guaranteed price or the
VWAP;
    (vi) Orders may be entered in Crossing Session III or Crossing
Session IV between 4 p.m. and 6:30 p.m., and must be identified as
either a Crossing Session III or Crossing Session IV order;
    (vii) Member firms will receive an immediate report of execution
upon entering an order into Crossing Session III or Crossing Session
IV; (viii) Orders may be entered into Crossing Session III for
execution at prices outside the trading range in the subject security
during the 9:30 a.m. to 4 p.m. trading session;
    (ix) Orders may not be entered into Crossing Session III or
Crossing Session IV in a security that is subject to a trading halt at
the close of the regular 9:30 a.m. to 4 p.m. trading session; and
    (x) At 6:30 p.m., the Exchange will print trades reported through
Crossing Session III as guaranteed price coupled orders or in Crossing
Session IV as VWAP executions.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \9\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \9\ 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 has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time

as the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A) \10\ and Rule 19b-4(f)(6) thereunder.\11\ At any
time within 60 days of the filing of the proposed rule change, the
Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    NYSE has asked the Commission to waive the five-day pre-filing
notice requirement and the 30-day operative delay. The Commission
believes such waivers are consistent with the protection of investors
and the public interest because they would allow the Pilots to operate
without interruption.\12\ For this reason, the Commission designates
the proposal to be operative upon filing with the Commission.
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day pre-operative
period, the Commission has considered the proposed rule's impact on
efficiency, competition and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSE-2007-07 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-NYSE-2007-07. 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. Copies of such
filing will also be available for inspection and copying at the
principal office of the NYSE. 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-NYSE-2007-07 and should be submitted on or before March
13, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-2848 Filed 2-16-07; 8:45 am]

BILLING CODE 8011-01-P