[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10109-10110]
[FR Doc No: 2023-03305]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC23-1-000]

Commission Information Collection Activities (FERC-725I); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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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 a renewal of currently approved
information collection, FERC-725I, (Reporting of Flow Volume and
Capacity by Interstate Natural Gas Pipelines), which will be submitted
to the Office of Management and Budget (OMB) for review. No Comments
were received on the 60-day notice published on December 5, 2022.

DATES: Comments on the collection of information are due March 20,
2023.

ADDRESSES: Send written comments on FERC-725I to OMB through
www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number (1902-
0258) in the subject line of your comments. Comments should be sent
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain.
    Please submit copies of your comments to the Commission. You may
submit copies of your comments (identified by Docket No. IC23-1-000) by
one of the following methods:
    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, Secretary of the Commission, 12225 Wilkins
Avenue, Rockville, MD 20852.
    Instructions: OMB submissions must be formatted and filed in
accordance

with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using
the search function under the ``Currently Under Review'' field, select
Federal Energy Regulatory Commission; click ``submit,'' and select
``comment'' to the right of the subject collection.
    FERC submissions must be formatted and filed in accordance with
submission guidelines at: https://www.ferc.gov. For user assistance,
contact FERC Online Support by email at [email protected], or
by phone at:<PHONE_NUMBER> (toll-free).
    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 https://www.ferc.gov/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725I (Mandatory Reliability Standards for the Northeast
Power Coordinating Council).
    OMB Control No.: 1902-0258.
    Type of Request: Three-year extension of the FERC-725I with no
changes to the current recordkeeping requirements.
    Abstract: The Regional Reliability standard PRC-006-NPCC-2
(Automatic Underfrequency Load Shedding (UFLS)) provides regional
requirements for Automatic UFLS to applicable entities in NPCC. UFLS
requirements were in place at a continent-wide level and within NPCC
for many years prior to the implementation of federally mandated
reliability standards in 2007. NPCC and its members think that a
region-wide, fully coordinated single set of UFLS requirements is
necessary to create an effective and efficient UFLS program, and their
experience has supported that belief.
    Information collection burden for Reliability Standard PRC-006-
NPCC-2 is based on the time needed for planning coordinators and
generator owners to incrementally gather data, run studies, and analyze
study results to design or update the UFLS programs that are required
in the regional Reliability Standard (in addition to the requirements
of the NERC Reliability Standard PRC-006-3). There is also burden on
the generator owners to maintain data such as identify, compile, and
maintain a list of all of its existing non-nuclear generating units
that were in service prior to the effective date of the regional
Standard.
    Type of Respondent: Generator owners and planning coordinators.
    Estimate of Annual Burden: \1\ The number of respondents is based
on NERC's Registry as of November 4, 2022. Entities registered for more
than one applicable function type have been accounted for in the
figures below. The Commission estimates the annual public reporting
burden and cost \2\ for the information collection as:
---------------------------------------------------------------------------

    \1\ ``Burden'' is 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 title 5 Code of Federal Regulations 1320.3.
    \2\ Commission staff estimates that the industry's skill set and
cost (for wages and benefits) for FERC-725I are approximately the
same as the Commission's average cost. The FERC 2022 average salary
plus benefits for one FERC full-time equivalent (FTE) is $188,922/
year (or $91.00/hour).

                                                                        FERC-725I
                                     [Mandatory Reliability Standards for the Northeast Power Coordinating Council]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Annual  number                                              Total annual burden
 Information collection requirements      Number of     of  responses   Total number    Average burden hours &     hours & total annual      Cost per
                                         respondents   per respondent   of responses     cost ($) per response           cost ($)         respondent ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
PCs Design and document automatic                   3               1               3  8 hrs.; $728............  24 hrs.; $2,184........            $728
 UFLS program.
PCs update and maintain UFLS program                3               1               3  16 hrs.; 1,456..........  48 hrs.; 4,368.........           1,456
 database.
GOs provide documentation and data to             121               1             121  16 hrs.; 1,456..........  1,936 hrs.; 176,176....           1,456
 the planning coordinator.
GOs: record retention................             121               1             121  4 hrs.; 364.............  484 hrs.; 44,044.......             364
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ..............  ..............             248  ........................  2,492 hrs.; 226,772....  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 estimate 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: February 10, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-03305 Filed 2-15-23; 8:45 am]
BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 21, 2005

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-13366, OST-2000-6756,
OST-99-6555

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  South African Airways (PTY) Limited	Dates Filed:  August 20,
2004 (Docket OST-2002-13366) and December 30, 2003 (Dockets
OST-2000-6756 and OST-99-6555)

Relief requested:

Docket OST-2002-13366:  Renew exemption from 49 U.S.C. § 41301 to
permit South African Airways (SAA) to conduct scheduled foreign air
transportation of persons, property and mail between SAA’s U.S.
gateways and Dakar, Senegal, as an intermediate point on SAA’s
authorized U.S.-South Africa services.

Dockets OST-99-6555 and OST-2000-6756:  Renew exemption from 49 U.S.C.
§ 41301 to permit South African Airways to (1) engage in scheduled
foreign air transportation of persons, property and mail between (a)
Johannesburg, South Africa, and New York, New York, via Ilha do Sal,
Cape Verde; (b) Johannesburg/Cape Town, South Africa, and Miami,
Florida; (c) Johannesburg and Los Angeles, California (and, on this Los
Angeles route, to commingle blind sector traffic not moving in foreign
air transportation between Johannesburg and Rio de Janiero, Brazil); (d)
Johannesburg/Cape Town, South Africa, via Ilha do Sal, Cape Verde, and
Atlanta, Georgia; (e) Johannesburg/Cape Town and Ft. Lauderdale,
Florida, on a coterminal basis with New York/Miami/Los Angeles/Atlanta
services; (f) Johannesburg/Cape Town, and Washington, D.C., via Ilha do
Sal, Cape Verde; (g) serve 25 named U.S. points beyond Atlanta, Georgia,
on a codeshare basis with Delta Air Lines, Inc. (Delta) ; (h) serve Los
Angeles/New York/Miami/Atlanta/Washington, D.C. on a coterminal basis;
and (3) conduct charters in accordance with Part 212 of the
Department’s regulations.

If renewal, dates and citation of last actions:  September 26, 2002 in
Docket OST-2002-13366 and January 18, 2002 in Dockets OST-2000-6756 and
OST-99-6555

Applicant representative:  Frank J. Costello<PHONE_NUMBER>

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None

DISPOSITION

Action:  Approved								Action date:  March 21, 2005

Effective dates of authority granted:  March 21, 2005 – March 21, 2007

Basis for approval (bilateral agreement/reciprocity): U.S.-South Africa
Air Transport Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Standard exemption conditions (attached)

X  Code-share conditions previously imposed on SAA and Delta Air Lines
in Docket OST-2002-13366

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the

2

authority was consistent with the public interest; and (4) grant of the
authority would not constitute a major regulatory action under the
Energy Policy and Conservation Act of 1975.  To the extent not
granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

   The 25 cities are:  Baltimore, Boston, Chicago, Cincinnati,
Cleveland, Dallas/Ft. Worth, Denver, Detroit, Houston, Las Vegas,
Minneapolis-St. Paul, New Orleans, Orlando, Philadelphia, Phoenix,
Pittsburgh, Portland, Raleigh/Durham, St. Louis, Salt Lake City, San
Diego, San Francisco, Seattle, Tampa, and West Palm Beach.

05/2004


[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Notices]
[Page 64902]
[FR Doc No: 2023-20357]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3133-000]

Brookfield White Pine, LLC, Errol Hydroelectric Co., LLC; Notice
of Authorization for Continued Project Operation

    The license for the Errol Hydroelectric Project No. 3133 was issued
for a period ending July 31, 2023.
    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(s) 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. 3133 is issued to
Brookfield White Pine Hydro, LLC and Errol Hydroelectric Co., LLC for a
period effective August 1, 2023, through July 31, 2024, 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 July 31, 2024, 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 Brookfield White Pine Hydro, LLC and Errol
Hydroelectric Co., LLC are authorized to continue operation of the
Errol Hydroelectric Project under the terms and conditions of the prior
license until the issuance of a new license for the project or other
disposition under the FPA, whichever comes first.

    Dated: September 14, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-20357 Filed 9-19-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44593-44594]
[FR Doc No: 2011-18880]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0239]

Identifying the Center for Drug Evaluation and Research's Science
and Research Needs; Availability of a Draft Report; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft report entitled ``Identifying CDER's Science
and Research Needs.'' This document identifies current priorities in
regulatory science related to the mission of the Center for Drug
Evaluation and Research (CDER), and will guide strategic planning of
internal research efforts. Through external communication of the
science and research needs outlined in the report, CDER hopes to
stimulate research and foster collaborations with external partners and
stakeholders to address these priorities.

DATES: Although you can comment on the report at any time, to ensure
that the Agency considers your comment on this report before it begins
work on the final version of the report, submit either electronic or
written comments on the report by September 26, 2011.

ADDRESSES: Submit written requests for single copies of this report to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, rm. 2201, Silver Spring, MD 20993-0002. Send one self-addressed
adhesive label to assist that office in processing your requests. See
the SUPPLEMENTARY INFORMATION section for electronic access to the
draft report.
    Submit electronic comments on the draft report to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:
    Ruth Barratt, Center for Drug Evaluation and Research, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 21, rm. 4540,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft report entitled
``Identifying CDER's Science and Research Needs.'' This report is the
result of an effort to identify regulatory science needs that, if
addressed, would enhance CDER's ability to fulfill its regulatory
mission. A publication entitled ``FDA Critical Path Opportunities
Report and Critical Path Opportunities List'' was published in March
2006. That report focused on the scientific challenges underlying
medical product development and served as a catalyst for CDER to launch
an effort to identify specific areas that would benefit from additional
regulatory science efforts. More recently, FDA released, ``Advancing
Regulatory Science for Public Health'', which incorporates the Critical
Path objectives into a broad framework for advancing regulatory
science. In support of these initiatives, this report delineates major
areas of scientific need that can contribute to the development of a
strategic science and research agenda.
    To begin an assessment of these needs, more than 200
representatives from CDER's offices were asked to identify: (1)
Scientific challenges currently addressed on a case-by-case basis that
might benefit from the development of a systematized approach; (2)
recurrent science issues across teams, divisions, or offices; and (3)
emerging scientific challenges. A comprehensive set of science and
research needs was compiled from these discussions. Senior management
from CDER offices reviewed and prioritized topics from their offices.
These science and research needs were ultimately grouped into seven
categories that were reviewed and endorsed by the CDER Science
Prioritization and Review Committee and CDER senior management.
    Seven major categories that crossed multiple disciplines were
identified: (1) Improve access to postmarket data sources and explore
feasibility of their use in different types of analyses; (2) improve
risk assessment and management strategies to reinforce the safe use of
drugs; (3) evaluate the effectiveness and impact of different types of
regulatory communications to the public and other stakeholders; (4)
evaluate the links among product quality attributes, manufacturing
processes, and product performance; (5) develop and improve predictive
models of safety and efficacy in humans; (6) improve clinical trial
design, analysis, and conduct; and (7) enhance individualization of
patient treatment.
    The draft report is not intended to address the need to maintain a
robust scientific readiness to respond rapidly to regulatory crises,
but by communicating CDER's current science and research needs, CDER
hopes to stimulate research and foster collaborations with external
partners and stakeholders. CDER is disseminating this document
externally and soliciting input on: (1) Research and initiatives that
may be ongoing; and (2) opportunities to collaborate with external
partners and stakeholders to maximize resources to address the areas
for development discussed previously. The input will be reviewed and
incorporated as appropriate into plans for collaborations and potential
external partners will be contacted for further discussion.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.regulations.gov.

    Dated: July 21, 2011.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2011-18880 Filed 7-25-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37762-37764]
[FR Doc No: 2023-12344]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0375]
RIN 1625-AA00

Safety Zone; Marysville Funfest Fireworks, St. Clair River;
Marysville, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the St. Clair River in Marysville, MI. The safety
zone is necessary and intended to protect personnel, vessels, and the
marine environment from potential hazards associated with fireworks
displays created by the Marysville Funfest. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Detroit, or his designated representative.

DATES: This rule is effective from 9:30 p.m. on June 18, 2023, through
10:30 p.m. on June 19, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0375 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Tracy Girard, Waterways Department, Sector Detroit, Coast
Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor notified the Coast
Guard with insufficient time to publish an NPRM and immediate action is
necessary to protect personnel, vessels, and the marine environment in
the St. Clair River. It is impracticable and contrary to the public
interest to publish a NPRM because we must establish this safety zone
by June 18, 2022.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable because immediate action is needed to respond to the
potential safety hazards associated with a fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that potential hazards associated with fireworks
displays will be a safety concern for anyone within a 200-yard radius
of the launch site. The likely combination of recreational vessels,
darkness punctuated by bright flashes of light, and fireworks debris
falling into the water presents risks of collisions which could result
in serious injuries or fatalities. This rule is necessary to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:30 p.m. through 10:30
p.m. on June 18, 2023. In the case of inclement weather on June 18,
2023, this safety zone will be enforced from 10 p.m. through 10:30 p.m.
on June 19, 2023. The safety zone will encompass all U.S. navigable
waters of the St. Clair River within a 200-yard radius of the fireworks
launch site located near the public launch site, in Marysville, MI. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the fireworks
display. Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated representative. The Captain of the Port

Detroit or his designated representative may be contacted via VHF
Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which would impact a small,
designated area of the St. Clair River one hours during the evening
when vessel traffic is normally low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about
the zone, and the rule would allow vessels to seek permission to enter
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. 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 (adjusted for
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting only 1 hour that will prohibit entry within 200-
yard radius of where the fireworks display will be conducted. It is
categorically excluded from further review under paragraph L[60] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
    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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T09-0375 to read as follows:

Sec.  165.T09-0375  Safety Zone; Marysville Funfest Fireworks, St.
Clair River; Marysville, MI.

    (a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of the St. Clair River within a within a 200-yard
radius of the fireworks launch site located at position 42[deg]54.38'
N, 082[deg]27.983 W. All geographic coordinates are North American
Datum of 1983 (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 9:30
p.m. through 10:30 p.m. on June 18, 2023. In the case of inclement
weather on June 18, 2023, this safety zone will be enforced from 10
p.m. through 10:30 p.m. on June 19, 2023. The Captain of the Port
Detroit, or a designated representative may suspend enforcement of the
safety zone at any time.
    (c) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Detroit (COTP) in the enforcement of the safety
zone.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Detroit
or his designated representative.
    (2) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Detroit or his
designated representative. The COTP Detroit or his designated
representative may be contacted via VHF Channel 16.

Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2023-12344 Filed 6-8-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18507-18512]
[FR Doc No: 2017-07874]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80453; File No. SR-IEX-2017-09]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Specify
the Required Forms of Listing Application, Agreement and Other
Documentation

April 13, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 3, 2017, the Investors Exchange LLC (``IEX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the
Commission a proposed rule change to specify the required forms of
listing application, listing agreement and other documentation that
listed companies must execute or complete (as applicable) as a
prerequisite for listing on the Exchange. The Exchange has designated
this proposal as non-controversial and provided the Commission with the
notice required by Rule 19b-4(f)(6)(iii) under the Act.\6\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CRF 240.19b-4.
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    On June 17, 2016 the Commission granted IEX's application for
registration as a national securities exchange under Section 6 of the
Act including approval of rules applicable to the qualification,
listing and delisting of companies on the Exchange.\7\ The Exchange
plans to begin a listing program in 2017 and is proposing to adopt
listing applications and forms applicable to companies applying for
listing or listed on the Exchange in this proposed rule change. As
proposed, the listing forms are substantially similar to those
currently in use by the Nasdaq Stock Exchange LLC (``Nasdaq''), with
certain differences as described herein.\8\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 34-78101 (June 17,
2016), 81 FR 41141 (June 23, 2016) (File No. 10-222).
    \8\ Nasdaq's listing applications and forms are available at:
https://listingcenter.nasdaq.com/Forms_Preview.aspx. In connection
with IEX's Form 1 application for registration as a national
securities exchange, the Commission approved rules applicable to the
qualification, listing and delisting of companies on IEX. See
Securities Exchange Act Release No. 78101 (June 17, 2016), 81 FR
41141 (June 23, 2016) (File No. 10-222). These rules are modelled on
Nasdaq's rules applicable to the qualification, listing and
delisting of companies on Nasdaq.
---------------------------------------------------------------------------

    The Exchange proposes to specify the required forms of listing
application, listing agreement and other documentation that listing
applicants and listed companies must execute or complete (as
applicable) as a prerequisite for initial and ongoing listing on the
Exchange, as applicable (collectively, ``listing documentation''). All
listing documentation will be available on the Exchange's Web site
(www.iextrading.com). In the event that in the future the Exchange
makes any substantive changes (including changes to the rights, duties,
or obligations of a listed company or listing applicant or the
Exchange, or that would otherwise require a rule filing) to such
documents, it will submit a rule filing in accordance with Rule 19b-
4.\9\
---------------------------------------------------------------------------

    \9\ The Exchange will not submit a rule filing if the changes
made to a document are solely typographical or stylistic in nature.

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

    The following is a description of the listing documentation.\10\
---------------------------------------------------------------------------

    \10\ For each form a duly authorized representative of the
company must sign an affirmation that the information provided is
true and correct as of the date the form was signed and that the
company will promptly notify IEX of any material changes.
---------------------------------------------------------------------------

IEX Listing Application
    Pursuant to IEX Rule 14.202, after receiving a listing clearance
letter pursuant to IEX Rule 14.201,\11\ a company must file and execute
an original listing application to apply for listing on IEX. The
Listing Application provides information necessary, and in accordance
with Section 12(b) of the Act, for IEX regulatory staff to conduct a
due diligence review of a company to determine if it qualifies for
listing on the Exchange. Relevant factors regarding the company and
securities to be listed will determine the type of information
required.\12\ Accordingly, different types of listing applications and
information would be required to be submitted, as described below:
---------------------------------------------------------------------------

    \11\ Pursuant to IEX Rule 14.201 a company seeking the initial
listing of one or more classes of securities on the Exchange must
participate in a free confidential pre-application eligibility
review by the Exchange in order to determine whether it meets the
Exchange's listing criteria. If, upon completion of this review, the
Exchange determines that a company is eligible for listing, the
Exchange will provide a clearance letter to the company notifying
the company that it has been cleared to submit an original listing
application pursuant to IEX Rule 14.202. A clearance letter is valid
for nine months from its date of issuance.
    \12\ See the table on page 10 infra which specifies the
categories of information required for each application type.
---------------------------------------------------------------------------

1. Initial Public Offering (``IPO'') or Distribution Spin-Off
    This form of listing application would be used by a company listing
in conjunction with an IPO,\13\ spin-off or other distribution
transaction.\14\
---------------------------------------------------------------------------

    \13\ A company shall be considered to be listing in conjunction
with an initial public offering if immediately prior to the
effective date of a registration covering securities to be listed,
the company was not required to file reports with the Commission
pursuant to Section 13(a) or 15(d) of the Act.
    \14\ In a ``spin-off [sic], a parent company distributes shares
of a subsidiary to the parent company's shareholders so that the
subsidiary becomes a separate, independent company. The shares are
usually distributed on a pro rata basis. See, ``Fast Answers''
available on sec.gov.
---------------------------------------------------------------------------

2. Transfer From a National Securities Exchange
    This form of listing application would be used by a company that is
currently listed on another national securities exchange \15\ to
transfer its listing to the Exchange.
---------------------------------------------------------------------------

    \15\ A national securities exchange is a securities exchange
that has registered with the SEC under Section 6 of the Act.
---------------------------------------------------------------------------

3. Transfer From a Market That Is Not a National Securities Exchange
    This form of listing application would be used by a company that is
currently a publicly traded in the United States on a market that is
not a national securities exchange.
4. Listing of a New Class of Securities by a Listed Company
    This form of listing application would be used by a company that is
currently listed and seeking to list a new class of securities on the
Exchange.
5. Listing Following a Change of Control Between a Listed Company and
an Unlisted Company
    This form of application would be used by a company listing in
conjunction with a business transaction that results in a change of
control (e.g., merger or acquisition).
    As noted in the table below, certain categories of information
would be required for all application types, as well as application
specific information for particular application types. The following
describes each category and use of application information:
    1. Corporate information regarding the issuer of the security to be
listed, including company name, address, Central Index Key Code (CIK),
SEC File Number, date and place of incorporation, fiscal year end,
whether the company is a foreign private issuer, whether the company is
eligible for a Direct Registration Program operated by a clearing
agency registered under Section 17A of the Act, and a company
description. This information is required of all applicants and is
necessary in order for the Exchange's regulatory staff to collect basic
company information for recordkeeping and due diligence purposes,
including review of information contained in the company's SEC filings.
    2. Corporate contact information including for the company's legal
counsel. This information is required of all applicants and is
necessary in order for the Exchange's regulatory staff to collect
current company contact information for purposes of obtaining any
additional due diligence information to complete a listing
qualification review of the applicant.
    3. Securities/accounting information regarding the company's
investment banker, auditor and transfer agent. Auditor information is
required for all applicants, except for a listed company applying to
list a new class of securities, whereas information regarding the
company's investment banker is only required of applicants listing in
connection with an IPO or distribution spin-off or for listing a new
class of securities. Transfer agent is required for all applicants.
This information is necessary in order for the Exchange's regulatory
staff to collect current contact information for such company advisors
and vendors for purposes of obtaining any additional due diligence
information to complete a listing qualification review of the
applicant.
    4. Offering and security information regarding an IPO or other
offering, including the type of offering, expected effective date of
registration statement, expected date of initial trading on IEX,
expected closing date of the offering, whether stock certificates will
be delivered within three business days of listing, and whether the
stock certificates will contain any restrictive legends. This
information is required of applicants listing in connection with an IPO
or distribution spin-off and for listing a new class of securities, and
is necessary in order for the Exchange's regulatory staff to collect
basic information about the offering, as well as to identify whether a
when issued trading market will be needed (if stock certificates will
not be delivered within three business days of listing) and to assess
compliance with IEX Rules 14.310(a)(2) and 14.315(a)(1) regarding
publicly held shares.
    5. Associated Corporate Actions information regarding a listed
company conducting a business combination with an unlisted company that
results in a change of control of the listed company, including changes
to company name, trading symbol, CUSIP, whether a reverse stock split
will be effected and other relevant information. This information is
necessary in order to collect basic information about the company
following the business transaction and to enable the Exchange to
provide timely and accurate notifications of the associated corporate
actions to Members and other market participants.\16\
---------------------------------------------------------------------------

    \16\ The Exchange expects to provide such notification on its
Web site and through a subscription based service, both on a
complimentary basis.
---------------------------------------------------------------------------

    6. Issue-specific information regarding securities to be listed,
such as trading symbol, current market (except for applicants listing
in connection with an IPO or distribution spin-off or for listing a new
class of securities), issue type/class, CUSIP, number, par value,
voting power, shares outstanding and shareholders, whether the security
is book entry only, and American depositary share information. This
information is necessary in order for the

Exchange's regulatory staff to collect basic information about the
security that is the subject of the listing application, as well as to
assess compliance with IEX Rules 14.310(a) regarding distribution
requirements and 14.413 regarding voting rights.
    7. Board member identification and information including
identification of independent directors and committee members. This
information is necessary in order for the Exchange's regulatory staff
to assess compliance with IEX Rule 14.405 regarding board of directors
and committee requirements.
    8. Regulatory review information, including a description of
regulatory proceedings and litigation the company is subject to;
certain regulatory, legal or criminal matters involving the company's
current executive officers, directors and ten percent or greater
shareholders; prior listing background, SEC filing background; and
prior financing transactions.\17\ This section also notes that IEX
reserves the right to request additional information or documentation,
public or non-public, deemed necessary to make a determination
regarding a security's qualification for initial listing, including but
not limited to, any material provided to or received from the SEC or
other regulatory authority. Additionally, this section notes that the
fact that an applicant may meet IEX's numerical guidelines does not
necessarily mean that its application will be approved. This regulatory
review information is necessary in order for the Exchange's regulatory
staff to assess whether there are regulatory matters related to the
company that render it unqualified for listing, or warrant the
application of more stringent listing criteria, pursuant to IEX Rule
14.101.\18\
---------------------------------------------------------------------------

    \17\ See also note 25 regarding the scope of regulatory
information initially required to be included in various application
types.
    \18\ Pursuant to IEX Rule 14.101 the Exchange ``. . . has broad
discretionary authority over the initial and continued listing of
securities on the Exchange in order to maintain the quality,
transparency and integrity of and public confidence in its market;
to prevent fraudulent and manipulative acts and practices; to
promote just and equitable principles of trade; to protect investors
and the public interest; and to protect the safety and security of
the Exchange and its employees. The Exchange may use such discretion
to deny initial listing, apply additional or more stringent criteria
for the initial or continued listing of particular securities, or
suspend or delist particular securities based on any event,
condition, or circumstance that exists or occurs that makes initial
or continued listing of the securities on the Exchange inadvisable
or unwarranted in the opinion of the Exchange, even though the
securities meet all enumerated criteria for initial or continued
listing on the Exchange. In the event that the Exchange Staff makes
a determination to suspend or deny continued listing pursuant to its
discretionary authority, the Company may seek review of that
determination through the procedures set forth in the IEX Rule
Series 14.500.''
---------------------------------------------------------------------------

    9. Supporting documentation required prior to listing approval
includes a listing agreement,\19\ logo submission form,\20\ corporate
governance certification,\21\ regulatory correspondence over the past
12 months \22\ shareholder confirmation documents, and symbol
reservation form.\23\ This documentation is necessary in order to
support the Exchange's regulatory staff listing qualification review
(corporate governance certification form, regulatory correspondence and
shareholder confirmation documents), to effectuate the listed company's
agreement to the terms of listing (listing agreement),\24\ and enable
the Exchange to use the company's logo for marketing and publicity
purposes on IEX's Web site. In addition, the IPO application requires
that if the company qualifies as an emerging growth company under the
JOBS Act of 2012 and has submitted a confidential draft registration
statement to the Commission in connection with its proposed IPO, the
company provide the most recent copy of such draft registration
statement and all related correspondence with the Commission or its
staff. This documentation, which is not publicly available, is required
to support the Exchange regulatory staff's listing qualification
review.
---------------------------------------------------------------------------

    \19\ See description of the listing agreement infra.
    \20\ See description of the logo submission form infra.
    \21\ See description of the corporate governance certification
infra.
    \22\ This includes correspondence between the listing applicant
and each of its regulators. Review of such correspondence by IEX
Regulation staff is designed to identify any public interest
concerns that would preclude listing approval. In this regard, IEX
Rule 14.101 provides that the Exchange ``. . . has broad
discretionary authority over the initial and continued listing of
securities on the Exchange in order to maintain the quality,
transparency and integrity of and public confidence in its market;
to prevent fraudulent and manipulative acts and practices; to
promote just and equitable principles of trade; to protect investors
and the public interest; and to protect the safety and security of
the Exchange and its employees. The Exchange may use such discretion
to deny initial listing, apply additional or more stringent criteria
for the initial or continued listing of particular securities, or
suspend or delist particular securities based on any event,
condition, or circumstance that exists or occurs that makes initial
or continued listing of the securities on the Exchange inadvisable
or unwarranted in the opinion of the Exchange, even though the
securities meet all enumerated criteria for initial or continued
listing on the Exchange. In the event that the Exchange Staff makes
a determination to suspend or deny continued listing pursuant to its
discretionary authority, the Company may seek review of that
determination through the procedures set forth in the IEX Rule
Series 14.500.''
    \23\ See description of the symbol reservation form infra.
    \24\ See discussion of listing agreement infra.
---------------------------------------------------------------------------

    The chart below show the categories of information required on each
application type:
---------------------------------------------------------------------------

    \25\ Because more information is generally available to IEX
Regulation staff based on existing listing on IEX or another
national securities exchange, the Exchange Transfer and New Class
applications require only information on nondisclosed regulatory
and/or legal matters. As warranted, IEX Regulation staff will
request additional regulatory information necessary to make a
listing qualification determination.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Exchange       Non-exchange      Change of
                        Information category                         IPO application      transfer         transfer         control         New class
--------------------------------------------------------------------------------------------------------------------------------------------------------
Corporate..........................................................         [check]          [check]          [check]          [check]          [check]
Contacts...........................................................         [check]          [check]          [check]          [check]          [check]
Securities/Accounting..............................................         [check]          [check]          [check]          [check]          [check]
Offering and Security..............................................         [check]   ...............  ...............  ...............         [check]
Associated Corporate Action........................................  ...............  ...............  ...............         [check]   ...............
Issue-Specific.....................................................         [check]          [check]          [check]          [check]          [check]
Board Member.......................................................         [check]          [check]          [check]          [check]   ...............
Regulatory Review \25\.............................................         [check]          [check]          [check]          [check]          [check]
Supporting Documentation...........................................         [check]          [check]          [check]          [check]          [check]
--------------------------------------------------------------------------------------------------------------------------------------------------------

IEX Listing Agreement
    Pursuant to IEX Rule 14.202, to apply for listing on IEX, a company
must execute a Listing Agreement. Pursuant to the Listing Agreement a
company agrees with the Exchange as follows:
    1. Company certifies that it understands and agrees to comply with
all IEX rules, as they may be amended from time to time, and pay all
applicable listing fees when due.

    2. Company agrees to promptly notify IEX in writing of any
corporate action or other event which will cause Company to cease to be
in compliance with IEX listing requirements.
    3. Company understands that IEX may remove its securities from the
Investors Exchange LLC, pursuant to applicable procedures, if it fails
to meet one or more requirements of Paragraphs 1-2.
    4. Company understands that if an exception to any of the
provisions of any of the IEX rules has been granted by IEX, such
exception shall, during the time it is in effect, supersede any
conflicting provision of this Listing Agreement.
    5. Company warrants and represents that any trading symbol
requested to be used by Company does not violate any trade/service
mark, trade name, or other intellectual property right of any third
party. Company agrees and understands that a trading symbol is provided
to Company for the limited purpose of identifying Company's security in
authorized quotation and trading systems and that Company has no
ownership rights in the trading symbol. The assignment and use of a
trading symbol is governed by the National Market System Plan for the
Selection and Reservation of Securities Symbols, as may be amended from
time to time.
    6. Company hereby grants to IEX a non-exclusive, royalty free,
license to use Company's logos, trade names, and trade/service marks in
IEX's advertising, literature, media interactions, industry events,
conferences, Web sites, social media content, and mobile applications
solely in connection with marketing and related purposes in connection
with being an IEX-listed company, and to convey quotation information,
transactional reporting information, and other information regarding
Company in connection with IEX. Company agrees to hold harmless and
indemnify IEX (and its officers, directors, employees and agents)
against any and all claims and losses, including but not limited to
costs and attorneys' fees, resulting from, suffered, or incurred as a
result of any third party's claim or litigation relating to the
infringement of any trade/service mark, trade name, or other
intellectual property right related to or arising out of IEX's use of
Company's trading symbol, corporate logos, Web site address, trade
names, and trade/service marks in accordance with the terms of this
Listing Agreement.
    The various provisions of the Listing Agreement are designed to
accomplish several objectives. First, clauses 1-3 reflect the
Exchange's self-regulatory organization (``SRO'') obligations to assure
that only listed companies that are compliant with applicable IEX rules
may remain listed. Thus, these provisions contractually bind a listed
company to comply with IEX rules, provide notification of any corporate
action or other event that will cause the company to cease to be in
compliance with IEX listing requirements, and evidence the company's
understanding that it may be removed from listing (subject to
applicable procedures) if it fails to be in compliance or notify the
Exchange of any event of noncompliance. Clause 4 reflects the
contractual impact of any exception granted to a listed company with
respect to any IEX rules.\26\ Clauses 5 and 6 contains standard legal
representations and agreements from the listed company to IEX regarding
use of its logo, trade names, trade/service markets, and trading symbol
as well as potential legal claims against IEX in connection thereto.
---------------------------------------------------------------------------

    \26\ For example, pursuant to IEX rule 14.501 and 14.502 a
listed company may be granted an exception to certain listing
standards for a limited period of time, as permitted by IEX rules.
---------------------------------------------------------------------------

Corporate Governance Certification
    In accordance with IEX Rule 14.400, companies listed on IEX are
required to comply with certain corporate governance standards,
relating to, for example, audit committees, director nominations,
executive compensation, board composition, and executive sessions. In
certain circumstances the corporate governance standards that apply
vary depending on the nature of the company. In addition, there are
phase-in periods and exemptions available to certain types of
companies.\27\ The Corporate Governance Certification enables a company
to confirm to the Exchange that it is in compliance with the applicable
standards, and specify any applicable phase-ins or exemptions.\28\ In
addition, the Corporate Governance Certification enables a company to
confirm to the Exchange its compliance with quorum,\29\ internal
audit,\30\ code of conduct,\31\ and direct registration system
(``DRS'') eligibility \32\ requirements. Companies are required to
submit a Corporate Governance Certification upon initial listing on IEX
and thereafter when an event occurs that makes an existing form
inaccurate. This Corporate Governance Certification thus assists IEX
regulatory staff in monitoring listed company compliance with the
corporate governance requirements.
---------------------------------------------------------------------------

    \27\ See IEX Rule 14.407.
    \28\ See IEX Rule 14.407.
    \29\ See IEX Rule 14.408(c).
    \30\ See IEX Rule 14.414. Note that Nasdaq does not have a
corresponding internal audit requirement.
    \31\ See IEX Rule 14.406.
    \32\ See IEX Rule 14.208.
---------------------------------------------------------------------------

Company Event Notifications
    Pursuant to IEX Rule 14.207(e), various corporate events resulting
in material changes will trigger the requirement for a listed company
to submit certain forms to the Exchange. The following describes the
applicable forms, as proposed, for different event types:
1. Shares Outstanding Change Form
    Pursuant to IEX Rule 14.207(e)(1), listed companies are required to
file, on a form designated by the Exchange no later than 10 calendar
days after the occurrence, any aggregate increase or decrease of any
listed class of securities listed on the Exchange that exceeds 5% of
the amount of the class outstanding. This notification requirement is
designed to assist IEX regulatory staff in identifying a situation in
which a listed company may have issued additional shares without
obtaining shareholder approval as required \33\ or in violation of
IEX's voting rights rule.\34\ Accordingly, as proposed, the Exchange
designates the Shares Outstanding Change Form for this purpose.
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    \33\ See IEX Rule 14.412.
    \34\ See IEX Rule 14.413.
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2. Listing of Additional Shares
    Pursuant to IEX Rule 14.207(e)(2) listed companies must notify IEX
of events involving the issuance, or potential issuance of common
stock, securities convertible into common stock or other voting
securities.\35\ Such events include but are not limited to, public
offerings, private placements, acquisitions using stock, establishment,
or materially amending stock option plans and transactions that may
result in a change of control of a company. Companies must file
notifications on the Listing of Additional Shares form as soon as
possible but at least 15 calendar days prior to the transaction in
question. The Exchange regulatory staff will use the information
provided to assess whether a transaction is in compliance with
applicable IEX rules, including the shareholder approval requirements.
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    \35\ A company solely listing American Depositary Receipts is
not subject to such notification requirement.
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3. Company Event Notification Form
    Pursuant to IEX Rule 14.207(e)(3), listed companies are required to
file, on a form designated by the Exchange, notification of specified
record keeping changes no later than 10 calendar days after the
occurrence. These include any

changes to its name, the par value or title of its security, its symbol
or similar change. In addition, listed companies are required to notify
the exchange promptly in writing (absent any fees) of any change in the
general character or nature of its business and any change in the
address of its principal executive offices. Further, pursuant to IEX
Rule 14.207(e)(4), listed companies are required to notify the Exchange
of a Substitution Listing Event (other than a reincorporation or a
change to the company's place of organization) \36\ no later than 15
calendar days prior to the implementation of such event by filing the
appropriate form as designated by the Exchange. For a reincorporation
or change to a company's place of organization, a company shall notify
the Exchange as soon as practicable after such event has been
implemented by filing the appropriate form as designated by the
Exchange. These notifications are required for administrative reasons
(i.e., to assure that the Exchange has accurate information regarding
each listed company and security). The Exchange proposes to designate
the Company Event Notification for such notifications.
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    \36\ Pursuant to IEX Rule 14.002(32), a Substitution Listing
Event means: A reverse stock split, re-incorporation or a change in
the Company's place of organization, the formation of a holding
company that replaces a listed Company, reclassification or exchange
of a Company's listed shares for another security, the listing of a
new class of securities in substitution for a previously-listed
class of securities or any technical change whereby the Shareholders
of the original Company receive a share-for-share interest in the
new Company without any change in their equity position or rights. A
Substitution Listing Event also includes the replacement of, or any
significant modification to, the index, portfolio or Reference Asset
underlying a security listed under Chapter 16 of the IEX Rules
(including, but not limited to, a significant modification to the
index methodology, a change in the index provider, or a change in
control of the index provider).
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4. Dividend-Distribution-Interest Payment Form
    Pursuant to IEX Rule 14.207(e)(6), no later than 10 calendar days
prior to the record date of any dividend action or action relating to a
stock distribution listed companies are required to notify the Exchange
by filing the appropriate form as designated by the Exchange.\37\ This
notification to IEX is required so that the Exchange can advise its
Members and other market participants of dividend and distribution
actions, including determination and dissemination of any applicable
ex-dates. The Exchange proposes to designate the Dividend-Distribution-
Interest Payment Form for such notifications.
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    \37\ Rule 14.207(e)(6) also requires that the company provide
public notice of the action using a Regulation FD compliant method.
Notice to the Exchange should be given as soon as possible after
declaration and, in any event, no later than simultaneously with the
public notice.
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Logo Submission Form
    Pursuant to the Logo Submission Form company logos may be included
in IEX's advertising, literature, media interactions, industry events,
conferences, Web sites, social media content, and mobile applications
solely in connection with marketing and related purposes in connection
with being an IEX-listed company, and to convey quotation information,
transactional reporting information, and other information regarding a
company in connection with IEX. This form is required for
administrative purposes to facilitate use of a listed company's
corporate logos, trade names and trade/service marks.
Symbol Reservation Form
    The Symbol Reservation Form enables a company to reserve a symbol
to identify its securities trading on IEX. A company can provide its
primary choice and two alternatives and IEX will reserve a symbol
through the Intermarket Symbols Reservation Authority. This form
facilitates the operational aspects of trading symbol reservation and
assignment through the Intermarket Symbol Reservation Authority.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act, in general and with Sections 6(b)
\38\ of the Act in general, and furthers the objectives of Sections
6(b)(5) of the Act,\39\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, 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. The Exchange believes that
the proposed rule change supports these objectives because it provides
appropriate listing applications, agreements, and forms that are
designed to facilitate the collection of necessary information and
agreements from listed companies and support IEX's regulatory review
and monitoring of listed company compliance with IEX's listing rules.
The Exchange also believes that providing standardized applications,
agreements, and forms will provide a transparent means for listed
companies and applicants to provide information required by IEX rules
and for administrative purposes to the Exchange which is consistent
with the public interest and the protection of investors.
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    \38\ 15 U.S.C. 78f.
    \39\ 15 U.S.C. 78f(b)(5).
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    The Exchange also believes that the proposed rule change does not
unfairly discriminate between customers, issuers, brokers and dealers
since all similarly situated listed companies and applicants will be
required to complete the same documentation. Although in some cases
different documentation is required, the differences relate solely to
the information necessary to assess listing compliance.
    The Exchange also notes that substantially similar applications,
agreements, and forms are used by Nasdaq so the proposed rule change
does not raise any new or novel issues that have not already been
considered by the Commission.

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

    IEX 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 proposed rule change
requires the collection of information required by IEX rules and for
administrative purposes and is not intended to address or advance any
competitive issues.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative 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)(iii) \40\ of the Act and Rule 19b-4(f)(6) thereunder.\41\
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    \40\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \41\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.

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    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 under
Section 19(b)(2)(B) \42\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \42\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-IEX-2017-09 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-IEX-2017-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-IEX-2017-09 and should be
submitted on or before May 10, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\43\
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    \43\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2017-07874 Filed 4-18-17; 8:45 am]
BILLING CODE 8011-01-P