[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87780-87781]
[FR Doc No: 2023-27649]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-D-1716]

Registration and Listing of Cosmetic Product Facilities and
Products; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a final guidance for industry entitled ``Registration
and Listing of Cosmetic Product Facilities and Products.'' The guidance
will assist persons submitting cosmetic product facility registrations
and product listing submissions to FDA under the Modernization of
Cosmetics Regulation Act of 2022 (MoCRA). This guidance also includes a
new draft section, Appendix B, for comment purposes only, that
describes frequently asked questions and answers about cosmetic product
facility registrations and product listing submissions. Aside from that
section, this guidance finalizes the draft guidance that was published
on August 8, 2023.

DATES: The announcement of the guidance is published in the Federal
Register on December 19, 2023. However, the portion of this guidance
that describes frequently asked questions and answers, is being
distributed for comment purposes only. To ensure that the Agency
considers your comment on this draft section before it begins work on
the final version of this section of the guidance, submit either
electronic or written comments on this section by January 18, 2024.

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

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-D-1716 for ``Registration and Listing of Cosmetic Product
Facilities and Products.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to Office
of Cosmetics and Colors, Center for Food Safety and Applied Nutrition,
Food and Drug Administration, 5001 5001 Campus Dr., College Park, MD
20740. Send two self-addressed adhesive labels to assist that office in
processing your request. See the SUPPLEMENTARY INFORMATION section for
electronic access to the guidance.

FOR FURTHER INFORMATION CONTACT: Jennifer Ross, Office of the Chief
Scientist, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 1, Rm. 4332, Silver Spring, MD 20993-0002,<PHONE_NUMBER> (this is
not a toll-free number), email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a guidance for industry
entitled ``Registration and Listing of Cosmetic Product Facilities and
Products.'' We are issuing this guidance consistent with our good
guidance practices regulation (21 CFR 10.115). The guidance represents
the current thinking of FDA on this topic. It does not

establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.
    On December 29, 2022, the President signed the Consolidated
Appropriations Act, 2023 (Pub. L. 117-328) into law, which included
MoCRA. Among other provisions, MoCRA added section 607 to the Federal
Food, Drug, and Cosmetic Act (FD&C Act), establishing requirements for
cosmetic product facility registration and cosmetic product listing.
Section 607(a) of the FD&C Act (21 U.S.C. 364c(a)) requires every
person that owns or operates a facility that engages in the
manufacturing or processing of a cosmetic product for distribution in
the United States to register each facility with FDA no later than 1
year after the date of enactment. In addition to the registration
requirements, section 607(c) of the FD&C Act requires that for each
cosmetic product, the responsible person submit to FDA ``a cosmetic
product listing.'' Certain small businesses, as defined in section 612
of the FD&C Act (21 U.S.C. 364h), are exempt from the registration and
listing requirements.
    In the Federal Register of August 8, 2023 (88 FR 53490), we made
available a draft guidance for industry entitled ``Registration and
Listing of Cosmetic Product Facilities and Products'' and gave
interested parties an opportunity to submit comments by September 7,
2023, for us to consider before beginning work on the final version of
the guidance. We received numerous comments on the draft guidance and
have modified the final guidance where appropriate. Changes to the
guidance include additional information on the facility registration
number, United States agent, electronic and paper submission, as well
as incorporating FDA's compliance policy we made available in a
guidance for industry as described in the Federal Register of November
8, 2023 (88 FR 77323). In addition, we made editorial changes to
improve clarity. New appendix B of this guidance is highlighted in
grey, describes frequently asked questions and answers, and is marked
``for comment purposes only'' to provide an opportunity for comment
before it is finalized. Aside from appendix B, this guidance finalizes
the draft guidance that was published on August 8, 2023.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. The
previously approved collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (PRA) (44 U.S.C. 3501-3521). The collections of information
in section 607 of the FD&C Act have been approved under 0910-0599.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
https://www.fda.gov/CosmeticGuidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov. Use the FDA websites listed in the previous
sentence to find the most current version of the guidance.

    Dated: December 12, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-27649 Filed 12-18-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 19, 2009 (Volume 74, Number 117)]
[Rules and Regulations]
[Page 29129-29131]
[DOCID:fr19jn09-9]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0110]
RIN 1625-AA00

Safety Zone; Thunder on Niagara, Niagara River, North Tonawanda,
NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing of a safety zone for a
powerboat race in the Captain of the Port Buffalo zone. This rule is
intended to restrict vessels from areas of water during events that
pose a hazard to public safety. The safety zone established by this
rule is necessary to protect spectators, participants, and vessels from
the hazards associated with a powerboat race.

DATES: This rule is effective from 11 a.m. August 29, 2009 to 6 p.m.
August 30, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0110 and are available online at http://
www.regulations.gov, selecting the Advanced Docket Search option on the
right side of the screen, inserting USCG-2009-0110 in the Docket ID
box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
two locations: The Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays and the Coast Guard
Sector Buffalo, 1 Fuhrmann Blvd, Buffalo, NY 14203 between 8 a.m. and 4
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Brian Sadler, Prevention Department,
U.S. Coast Guard Sector Buffalo, at<PHONE_NUMBER>. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 30, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Thunder on Niagara, Niagara River, North
Tonawanda, NY in the Federal Register (74 FR 82). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.

Background and Purpose

    Temporary safety zones are necessary to ensure the safety of
vessels and spectators from the hazards associated with powerboat
races. Based on recent accidents that have occurred in other Captain of
the Port zones, the Captain of

the Port Buffalo, has determined powerboat races pose significant risks
to public safety and property. The likely combination of large numbers
of recreational vessels, congested waterways, and alcohol use, could
easily result in serious injuries or fatalities.

Discussion of Comments and Changes

    There were no comments made to the proposed rule. Therefore, the
temporary final rule is the same as the proposed rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
    The Coast Guard's use of this safety zone will be periodic in
nature, of short duration, and designed to minimize the impact on
navigable waters. This safety zone will only be enforced immediately
before and during the time the event occurs. Furthermore, this safety
zone has been designed to allow vessels to transit unrestricted to
portions of the waterway not affected by the safety zone. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of this safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This temporary final rule may affect the following entities, some
of which might be small entities: The owners of operators of vessels
intending to transit or anchor in the area designated as the safety
zone by this rule. This safety zone would not have a significant
economic impact on a substantial number of small entities for the
following reasons. The safety zone in this temporary final rule would
be in effect for short periods of time and only once per year. The
safety zone has been designed to allow traffic to pass safely around
the zone whenever possible and vessels will be allowed to pass through
the zone with the permission of the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process. Collection of Information
    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves a regulated navigation
area and as such is covered by this paragraph.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add new temporary Sec.  165.T09-0110 to read as follows:

Sec.  165.T09-0110   Safety Zone; Thunder on Niagara, Niagara River,
North Tonawanda, NY.

    (a) Location. The following area is a temporary safety zone: all
waters of the Upper Niagara River, North Tonawanda, NY within two miles
of the Grand Island Bridge located at 42[deg]03'36'' N, 078[deg]54'45''
W to 43[deg]03'09'' N, 078[deg]55'21'' W to 43[deg]03'00'' N,
078[deg]53'42'' W to 43[deg]02'42'' N, 078[deg]54'09'' W. All
Geographic coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective Period. This regulation is effective from 11 a.m.
August 29, 2009 to 6 p.m. August 30, 2009. This zone will be enforced
from 11 a.m. to 6 p.m. on August 29, 2009 and August 30, 2009.
    (c) Regulations. The general regulations contained in 33 CFR 165.23
apply.
    (1) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed.
    (2) Commercial vessels may request permission from the Captain of
the Port Buffalo to transit the safety zone. Approval will be made on a
case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via U.S. Coast Guard Sector Buffalo on
Channel 16, VHF-FM.

    Dated: May 29, 2009.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E9-14382 Filed 6-18-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28650-28651]
[FR Doc No: 2023-09445]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97399]

Order Granting Application by Long-Term Stock Exchange, Inc. for
an Exemption, Pursuant to Section 36(a) of the Exchange Act, From the
Rule Filing Requirements of Section 19(b) of the Exchange Act With
Respect to Certain Rules Incorporated by Reference

April 28, 2023.
    The Long-Term Stock Exchange, Inc. (``LTSE'' or ``Exchange'') filed
with the Securities and Exchange Commission (the ``Commission'' or
``SEC'') an application \1\ for an exemption under Section 36(a) of the
Securities Exchange Act of 1934 (``Exchange Act'') \2\ and Rule 0-12
thereunder \3\ from the rule filing requirements of Section 19(b) of
the Exchange Act \4\ with respect to the rules of the Exchange relating
to continuing education. Section 36 of the Exchange Act authorizes the
Commission to conditionally or unconditionally exempt any person,
security, or transaction, or any class or classes of persons,
securities, or transactions, from any provision or provisions of the
Exchange Act or of any rule or regulation thereunder, to the extent
that such exemption is necessary or appropriate in the public interest,
and is consistent with the protection of investors.
---------------------------------------------------------------------------

    \1\ See Letter from James G. Buckley, Chief Regulatory Officer,
LTSE, to Vanessa Countryman, Office of the Secretary, SEC, dated
April 19, 2023 (``Exemptive Request'').
    \2\ 15 U.S.C. 78mm.
    \3\ 17 CFR 240.0-12 (Commission procedures for filing
applications for orders for exemptive relief under Section 36 of the
Exchange Act).
    \4\ 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

    LTSE has requested that the Commission grant the Exchange an
exemption from the rule filing requirements of Section 19(b) of the
Exchange Act for changes to LTSE Rule 2.154 (Continuing Education)
effected solely by virtue of changes to Financial Industry Regulatory
Authority, Inc. (``FINRA'') Rule 1240 (Continuing Education) that are
incorporated by reference into LTSE Rule 2.154. Specifically, the
Exchange requests that it be permitted to incorporate by reference a
change made to FINRA Rule 1240 without the need for the Exchange to
separately file a similar proposed rule change pursuant to Section
19(b) of the Exchange Act. The Exchange believes that this exemption is
appropriate because it will promote consistency between LTSE and FINRA
rules pertaining to continuing education, which are not trading
rules.\5\
---------------------------------------------------------------------------

    \5\ Exemptive Request, supra note 1, at pp. 1-2. A self-
regulatory organization (``SRO'') wishing to incorporate rules of
another SRO by reference may submit a written request for an order
exempting it from the requirement in Section 19(b) of the Exchange
Act to file proposed rule changes relating to the rules incorporated
by reference, if, among other things, the rules to be incorporated
are categories of rules (rather than individual rules within a
category) that are not trading rules (e.g., the SRO has requested
incorporation of rules such as margin, suitability, or arbitration).
See also Exchange Act Release No. 49260 (Feb. 17, 2004), 69 FR 8500
(Feb. 24, 2004).
---------------------------------------------------------------------------

    As a condition of the requested exemption, LTSE has agreed to
provide written notice to its members whenever a change is proposed to
FINRA continuing education rules that are incorporated by reference
into LTSE's continuing education rules.\6\ Such notice would alert the
Exchange's members to the FINRA proposed rule change and give them an
opportunity to comment on the proposal.\7\ The Exchange would similarly
inform members in writing when the Commission approves any such
proposed rule change.\8\
---------------------------------------------------------------------------

    \6\ LTSE will provide such notice via a posting on the same
website location where it posts its own rule filings pursuant to and
within the timeframe required by Rule 19b-4(1) under the Exchange
Act. The website posting will include a link to the location on
FINRA's website where the applicable proposed rule change is posted.
Exemptive Request, supra note 1, at p. 2, n.7.
    \7\ Exemptive Request, supra note 1, at p. 2.
    \8\ Id.
---------------------------------------------------------------------------

    The Commission has issued exemptions similar to LTSE's request.\9\
In granting one such exemption in 2022, the Commission repeated an
earlier Commission statement that it would consider similar future
exemption requests from other SROs, provided that:
---------------------------------------------------------------------------

    \9\ See, e.g., Exchange Act Release No. 94707 (Apr. 12, 2022),
87 FR 22962 (Apr. 18, 2022) (order granting The Nasdaq Stock Market
LLC and five affiliated national securities exchanges an exemption
under Section 36(a) of the Exchange Act from the rule filing
requirements of Section 19(b) of the Exchange Act with respect to
certain of its rules incorporating by reference FINRA rules);
Exchange Act Release No. 83040 (Apr. 12, 2018), 83 FR 17198 (Apr.
18, 2018) (order granting MIAX PEARL, LLC, an exemption under
Section 36(a) of the Exchange Act from the rule filing requirements
of Section 19(b) of the Exchange Act with respect to certain of its
rules incorporating by reference rules of the Miami International
Securities Exchange, LLC); Exchange Act Release No. 61534 (Feb. 18,
2010), 75 FR 8760 (Feb. 25, 2010) (order granting BATS Exchange,
Inc., an exemption under Section 36(a) of the Exchange Act from the
rule filing requirements of Section 19(b) of the Exchange Act with
respect to certain of its rules incorporating by reference rules of
the Chicago Board Options Exchange, Inc., FINRA, and the New York
Stock Exchange, LLC).
---------------------------------------------------------------------------

     An SRO wishing to incorporate rules of another SRO by
reference has submitted a written request for an order exempting it
from the requirement in

Section 19(b) of the Exchange Act to file proposed rule changes
relating to the rules incorporated by reference, has identified the
applicable originating SRO(s), together with the rules it wants to
incorporate by reference, and otherwise has complied with the
procedural requirements set forth in the Commission's release governing
procedures for requesting exemptive orders pursuant to Rule 0-12 under
the Exchange Act;
     The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\10\
---------------------------------------------------------------------------

    \10\ See Exchange Act Release No. 94707 (Apr. 12, 2022), 87 FR
22962 (Apr. 18, 2022).
---------------------------------------------------------------------------

    The Exchange has satisfied each of these conditions. Moreover,
granting LTSE an exemption from the rule filing requirements under
Section 19(b) of the Exchange Act will promote efficient use of
Commission and Exchange resources by avoiding duplicative rule filings
based on simultaneous changes to identical rule text sought by more
than one SRO.\11\ The Commission therefore finds it appropriate in the
public interest, and consistent with the protection of investors, to
exempt the Exchange from the rule filing requirements under Section
19(b) of the Exchange Act with respect to the above-described rule the
Exchange has incorporated by reference.
---------------------------------------------------------------------------

    \11\ See, e.g., 83 FR 17198, 17199 & n.15.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\12\ that LTSE is exempt from the rule filing requirements of
Section 19(b) of the Exchange Act with respect to a change to LTSE Rule
2.154 resulting solely from changes made to FINRA Rule 1240 without the
need for LTSE to separately file, pursuant to Section 19(b) of the
Exchange Act, a proposed rule change similar to the one filed by FINRA,
provided that LTSE promptly provides written notice to its members
whenever a change is proposed to FINRA Rule 1240, and provided that it
informs its members in writing when the Commission approves any such
proposed change.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-09445 Filed 5-3-23; 8:45 am]
BILLING CODE 8011-01-P