[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Pages 33936-33938]
[FR Doc No: 2017-15321]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81153; File No. SR-BOX-2017-24]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the BOX Fee Schedule

July 17, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 6, 2017, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule. The
text of the proposed rule change is available from the principal office
of the Exchange, at the Commission's Public

Reference Room and also on the Exchange's Internet Web site at http://boxexchange.com.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule for trading on BOX
to adopt transactions fees for Qualified Contingent Cross (``QCC'')
transactions. A QCC Order is an originating order (Agency Order) to buy
or sell at least 1,000 standard option contracts, or 10,000 mini-option
contracts, that is identified as being part of a qualified contingent
trade, coupled with a contra side order to buy or sell an equal number
of contracts. The Exchange is proposing to establish fees for QCC
Orders to coincide with the launch of QCC Orders on the Exchange
beginning July 10, 2017.\5\
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    \5\ See Securities Exchange Act Release No. 80661 (May 11,
2017), 82 FR 22682 (May 17, 2017) (Notice of Filing and Immediate
Effectiveness SR-BOX-2017-14).
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    The Exchange proposes to establish a transaction fee for all Public
Customer QCC Orders of $0.00 per contract side. Further, the Exchange
proposes to establish a transaction fee for all non-Public Customer
(Professional Customers, Broker Dealers and Market Makers) QCC Orders
of $0.20 per contract side.\6\ In addition, the Exchange is proposing
to adopt a $0.15 per contract rebate that will be applied to the Agency
Order \7\ where at least one party to the QCC transaction is a Non-
Public Customer. The rebate will be paid to the Participant that
entered the order into the BOX system. However, no rebates will be paid
for QCC transactions in which both the Agency Order and the contra-side
orders are Public Customers.
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    \6\ The Exchange notes that all QCC Orders will count toward
Participant tier volume calculations.
    \7\ For QCC transactions, an Agency Order is the originating
order to buy or sell at least 1,000 contracts or 10,000 mini-
contracts.
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    Additionally, the Exchange proposes to state explicitly in the Fee
Schedule that a QCC transaction must be comprised of an originating
order to buy or sell at least 1,000 contracts or 10,000 mini-option
contracts,\8\ coupled with a contra-side order or orders totaling an
equal number of contracts as the originating order.\9\ The Exchange
notes that with regard to order entry, the first order submitted into
the BOX system is marked as the Agency Order and the second order
received by the BOX system is marked as the contra side order.
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    \8\ The Exchange notes that mini-options are not currently
traded on BOX and are therefore not present in the BOX Fee Schedule.
    \9\ See BOX Rule 7110(c)(6).
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    Lastly, the Exchange proposes to specify that QCC Orders will be
exempt from the Liquidity Fees and Credits outlined in Section II of
the BOX Fee Schedule.
    The purpose of these changes is to incentivize the sending of QCC
Orders to the Exchange. The Exchange notes that other competing
exchanges similarly provide fees and rebates on QCC Orders.\10\
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    \10\ See Chicago Board Options Exchange (``CBOE''), Fees
Schedule, ``QCC Rate Table,'' Page 5; Miami International Securities
Exchange LLC (``MIAX''), Fee Schedule, Section 1(a)(vi).
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act, in general, and Section
6(b)(4) and 6(b)(5)of the Act,\11\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among BOX Participants and other persons using its facilities
and does not unfairly discriminate between customers, issuers, brokers
or dealers.
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    \11\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes the proposed transaction fees for QCC Orders
are reasonable and in line with the amount assessed at other Exchanges
for similar transactions.\12\ Additionally, the same proposed fee would
be charged to all non-Public Customer QCC Orders. The Exchange believes
that charging Professional Customers and Broker Dealers and Market
Makers more than Public Customers for QCC Orders is reasonable,
equitable and not unfairly discriminatory. The securities markets
generally, and BOX in particular, have historically aimed to improve
markets for investors and develop various features within the market
structure for Public Customer benefit. The Exchange believes that
charging no fees to Public Customers in QCC transactions is reasonable
and, ultimately, will benefit all Participants trading on the Exchange
by attracting Public Customer order flow.
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    \12\ See CBOE Fee Schedule. CBOE charges non-Public Customers
$0.17 per contract and does not charge Public Customers. See also
MIAX Fee Schedule. MIAX charges Non-Priority Customers $0.15 per
contract and does not charge Priority Customers. (Priority Customers
on MIAX are the equivalent to Public Customers on BOX).
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    The Exchange believes the proposed rebate for the originating side
of a QCC transaction is reasonable, as other competing exchanges also
provide a rebate on the originating side of a QCC order. Additionally,
the proposed rebate amount is in line with the rebates offered at other
competing exchanges.\13\ The Exchange believes the proposed rebate is
equitable and not unfairly discriminatory because it potentially
applies to all Participants that enter the originating order (except
for when both the agency order and contra-side orders are Public
Customers) and because it is intended to incentivize the sending of
more QCC Orders to the Exchange. The Exchange believes it is
reasonable, equitable and not unfairly discriminatory to not provide a
rebate for the originating order for QCC transactions when both the
originating order and contra side orders are from Public Customers,
since Public Customers are already incentivized by having no
transaction fee for QCC Orders.
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    \13\ CBOE and MIAX offer a $0.10 per contract credit or rebate
paid on the initiating side of the QCC transaction.
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    The Exchange believes that exempting QCC Orders from Section II
(Liquidity Fees and Credits) is reasonable, equitable and not unfairly
discriminatory. The Exchange's Liquidity Fees and Credits are intended
to attract order flow to the Exchange by offering incentives to all
market participants to submit orders to the Exchange and the Exchange
believes that the proposed QCC fee structure will provide appropriate
incentives to encourage Participants to submit QCC Orders to the
Exchange. The Exchange believes that exempting QCC Orders from
liquidity fees and credits is reasonable compared to similar fees and
credits offered by another exchange.\14\ The Exchange believes that
exempting QCC Orders from liquidity fees and credits is not unfairly
discriminatory as the exemption from the liquidity fees and credits
applies equally to all Participants on the Exchange.
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    \14\ CBOE does not apply Taker fees and Maker rebates to QCC
orders. See CBOE Fee Schedule Footnote 44.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes this
proposal will not cause unnecessary burden on intermarket competition
because the proposed changes will actually enhance the competiveness of
the Exchange relative to other exchanges which offer comparable fees
and rebates for QCC transactions. To the extent that the proposed
changes make the Exchange a more attractive marketplace for market
participants at other exchanges, such market participants are welcome
to become market participants on the Exchange.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \15\ and Rule 19b-4(f)(2)
thereunder,\16\ because it establishes or changes a due, or fee.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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-BOX-2017-24 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-BOX-2017-24. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2017-24, and should be
submitted on or before August 11, 2017.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-15321 Filed 7-20-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Proposed Rules]
[Page 68721]
[FR Doc No: 2012-27977]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[EPA-R03-OAR-2012-0305; FRL-9752-7]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Deferral for CO2 Emissions From Bioenergy and
Other Biogenic Sources Under the Prevention of Significant
Deterioration Program; Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of the comment period.

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SUMMARY: EPA is reopening the comment period for a notice of proposed
rulemaking (NPR) published on September 7, 2012. In the NPR, EPA
proposed approval of a revision to the Maryland State Implementation
Plan (SIP) that would incorporate EPA's ``Biomass Deferral'' into the
Maryland SIP. At the request of Community Research, (College Park,
Maryland), EPA is reopening the comment period. Comments submitted
between the close of the original comment period and the re-opening of
this comment period will be accepted and considered.

DATES: The comment period for the proposed rule published on September
7, 2012 (77 FR 55171) is reopened through December 17, 2012. All
comments received on or before December 17, 2012 will be entered into
the public record and considered by EPA before taking final action on
the proposed rule.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0305 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0305, Ms. Kathleen Cox, Associate
Director, Office of Permits and Air Toxics, Mailcode 3AP10, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0305. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Mr. David Talley,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
    Dated: October 31, 2012.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-27977 Filed 11-15-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4895-4897]
[FR Doc No: 2022-01925]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-0078]

Principles of Premarket Pathways for Combination Products;
Guidance for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance for industry and FDA staff
entitled ``Principles of Premarket Pathways for Combination Products.''
This guidance presents FDA's current thinking on principles for
premarket review of combination products. This guidance includes
general, high-level information regarding what combination products
are, coordination within FDA and interaction between FDA and sponsors
regarding combination product regulation, and how combination products
are reviewed by FDA before

they are marketed. The guidance also includes recommendations on how to
determine which type of premarket submissions may be appropriate for
combination products. FDA is publishing this guidance as part of its
efforts to implement the 21st Century Cures Act (Cures Act) and in
keeping with the Agency's long-standing commitment to transparency,
efficiency, and regulatory consistency to facilitate development of
safe and effective combination products. This guidance finalizes the
draft guidance of the same title that published on February 6, 2019.

DATES: The announcement of the guidance is published in the Federal
Register on January 31, 2022.

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-2019-D-0078 for ``Principles of Premarket Pathways for Combination
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,<PHONE_NUMBER>.
     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 this guidance to the
Office of Combination Products, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: John Barlow Weiner, Office of
Combination Products, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry and
FDA staff entitled ``Principles of Premarket Pathways for Combination
Products.'' This guidance presents FDA's current thinking on principles
for premarket review of combination products. This guidance includes
general, high-level information regarding what combination products
are, coordination within FDA and interaction between FDA and sponsors
regarding combination product regulation, and how combination products
are reviewed by FDA before they are marketed. The guidance also
includes recommendations on how to determine which type of premarket
submissions may be appropriate for combination products, as well as
illustrative examples.
    Section 3038 of the Cures Act (Pub. L. 114-255), enacted in
December 2016, substantially amended section 503(g) of the Federal
Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 353(g)), the
principal section of the FD&C Act expressly addressing combination
products. General themes of these amendments include enhancing clarity,
predictability, efficiency, and consistency of premarket regulatory
expectations for combination products, including by ensuring that
Agency components and staff coordinate appropriately on premarket
review of these products, and that Agency thinking is aligned in
conducting these reviews. This guidance is part of FDA's efforts to
implement section 3038 of the Cures Act.
    In the Federal Register of February 6, 2019 (84 FR 2236), FDA
announced the availability of the draft guidance of the same title. FDA
received comments and considered those comments as the guidance was
finalized. The final guidance clarifies the guidance including its
applicability across combination product types and additional detail
regarding processes for interacting with the Agency.

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Principles of Premarket Pathways for
Combination Products.'' 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.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in 21 CFR part 3 and in the guidance ``How to Prepare a
Pre-Request for Designation (Pre-RFD)'' have been approved under OMB
control number 0910-0523. The collections of information for
applications for FDA approval to market a new drug (certain provisions
of 21 CFR part 314) have been approved under OMB control number 0910-
0001; the collections of information in 21 CFR part 601 have been
approved under 0910-0338; and the collections of information in section
351(k) of the Public Health Service Act (42 U.S.C. 262) have been
approved under 0910-0719. The collections of information in 21 CFR part
807, subpart E, have been approved under OMB control number 0910-0120;
the collections of information in 21 CFR part 814, subparts A through
E, have been approved under OMB control number 0910-0231; the
collections of information in 21 CFR part 860, subparts A through C,
have been approved under OMB control number 0910-0138; the collections
of information in the guidance document ``Requests for Feedback and
Meetings for Medical Device Submissions: The Q-Submission Program''
have been approved under OMB control number 0910-0756; and the
collections of information in 21 CFR part 860, subpart D, for De Novo
classifications have been approved under OMB control number 0910-0844.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
https://www.fda.gov/combination-products/guidance-regulatory-information/combination-products-guidance-documents, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or
https://www.regulations.gov.

    Dated: January 26, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-01925 Filed 1-28-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Proposed Rules]
[Pages 34601-34603]
[FR Doc No: 2022-11743]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0371]
RIN 1625-AA09

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(AICW) and Miami Beach Channel, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the West 79th Street Bridge crossing the Atlantic Intracoastal
Waterway (AICW), mile 1084.6 at Miami, Florida and the operating
schedule that governs the East 79th Street Bridge crossing Miami Beach
Channel, mile 2.20 at Miami Beach, FL. This action will place the East
and West 79th Street Bridges crossing Miami Beach Channel and Atlantic
Intracoastal Waterway, Miami, FL on a once an hour opening schedule
during peak traffic hours, Monday through Friday, except Federal
holidays. This action is intended to reduce vehicular traffic caused by
these bridges opening at their current schedule. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or
before July 22, 2022.

ADDRESSES:  You may submit comments identified by docket number USCG-
2022-0371 using Federal Decision Making Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LTJG Benjamin Adrien, USCG Sector Miami Waterways
Division Chief, the 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
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
FDOT Florida Department of Transportation

II. Background, Purpose and Legal Basis

    The West 79th Street Bridge crossing the AICW, mile 1084.6, at
Miami, FL is a double-leaf bascule bridge with a 21 foot vertical
clearance (25 feet charted at the center span) at mean high water in
the closed position. The normal operating schedule for the bridge is
set forth in 33 CFR 117.261 (mm-1). The East 79th Street Bridge
crossing the Miami Beach Channel, mile 2.20, at Miami Beach, FL is a
double-leaf bascule bridge with a 21 foot vertical clearance at mean
high water in the closed position. The normal operating schedule for
the bridge is set forth in 33 CFR 117.304. Navigation on the waterways
consists of recreational and commercial mariners.
    North Bay Village, with the support of the bridge owner Florida
Department of Transportation (FDOT), requested the Coast Guard consider
allowing the drawbridges to remain closed to navigation during morning
and evening rush hour with top of the hour openings provided at pre-
determined times. This proposed regulation would reduce vehicle traffic
backups without unreasonably restricting vessel traffic by scheduling
one opening per hour during peak traffic times, thereby balancing the
needs of both modes of transportation.

III. Discussion of Proposed Rule

    The proposed rule will allow the drawbridges to only open once an
hour during weekday rush hours. Under this proposed rule the
drawbridges would operate as follows, Monday through Friday, except
Federal Holidays, both drawbridges need only open on the hour between 7
a.m. and 10 a.m. Between 10 a.m. to 4 p.m. the drawbridges need only
open on the hour and half hour. From 4 p.m. to 7 p.m. both drawbridges
need only open on the hour. From 7 p.m. to 7 a.m. the drawbridges shall
open on signal. Saturday, Sunday, and Federal Holidays the drawbridges
shall open on signal. Vessels that can pass beneath the bridge without
an opening may do so at any time.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the fact that
vessels can still transit the bridge at designated times throughout the
day, and vessels that can transit under the bridge without an opening
may do so at any time. This proposed rule will further meet the
reasonable needs of navigation while taking into consideration the
reasonable needs of vehicular traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this proposed rule. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal Decision
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0371 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If your material
cannot be submitted using https://www.regulations.gov, contact the
person in the FOR FURTHER INFORMATION CONTACT section of this document
for alternate instructions.
    To view documents mentioned in this proposed rule as being
available in the docket, find the docket as described in the previous
paragraph, and then select ``Supporting & Related Material'' in the
Document Type column. Public comments will also be placed in our online
docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the proposed rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.

0
2. Amend Sec.  117.261 by removing paragraph (mm-1), adding paragraph
(mm)(1), and reserving paragraph (mm)(2) to read as follows:

Sec.  117.261   Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.

* * * * *
    (mm) * * *
    (1) West 79th Street Bridge, mile 1084.6, at Miami, Florida. The
draw shall operate as follows:
    (i) Monday through Friday (except on Federal holidays)
    (A) 7 a.m. to 10 a.m. the draw need only open on the hour;
    (B) 10 a.m. to 4 p.m. the draw need only open on the hour and half
hour;
    (C) 4 p.m. to 7 p.m. the draw need only open on the hour;
    (D) 7 p.m. to 7 a.m. the draw shall open on signal.
    (ii) Saturday, Sunday and Federal holidays the draw shall open on
signal.
    (2) [Reserved]
* * * * *
0
3. Revise Sec.  117.304 to read as follows

Sec.  117.304   Miami Beach Channel.

    The draw of the East 79th Street Bridge, mile 2.20, at Miami Beach,
Florida. The draw shall operate as follows:
    (a) Monday through Friday (except on Federal holidays)
    (1) 7 a.m. to 10 a.m. the draw need only open on the hour;
    (2) 10 a.m. to 4 p.m. the draw need only open on the hour and half
hour;
    (3) 4 p.m. to 7 p.m. the draw need only open on the hour;
    (4) 7 p.m. to 7 a.m. the draw shall open on signal.

    (b) Saturday, Sunday and Federal holidays the draw shall open on
signal.

    Dated: May 25, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander Coast Guard Seventh District.
[FR Doc. 2022-11743 Filed 6-6-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Notices]
[Page 58034-58036]
[DOCID:fr02oc06-141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54490; File No. SR-NYSEArca-2006-61]

 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change To
Amend Existing Rules for Investment Company Units

September 22, 2006.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on September 19, 2006, NYSE Arca, Inc. (the
``Exchange''), through its wholly-owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice and order to solicit
comments on the proposed rule change from interested persons and to
approve the proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

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

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

    The Exchange, through NYSE Arca Equities, proposes to amend
Commentary .01(b)(1) to NYSE Arca Equities Rule 5.2(j)(3). The text of
the proposed rule change is below. Proposed new language is italicized;
proposed deletions are in brackets.
* * * * *
    (b) Index Methodology and Calculation.
    (1) The index underlying a series of Units will be calculated based
on [either] the market capitalization, modified market capitalization,
price, equal-dollar or modified equal-dollar weighting or a methodology
weighting components of the index based on any, some or all of the
following: sales, cash flow, book value and dividends;
* * * * *

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

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

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

1. Purpose
    The Exchange has adopted listing standards applicable to Investment
Company Units (``Investment Company Units'' or ``ICUs'') that are
consistent with the listing criteria currently used by other national
securities exchanges, and trading standards pursuant to which the
Exchange may either list and trade ICUs or trade such ICUs on the
Exchange on an unlisted trading privileges (``UTP'') basis.\3\ An
Investment Company Unit is defined in NYSE Arca Equities Rule
5.1(b)(15) as a security representing an interest in a registered
investment company that could be organized as a unit investment trust,
an open-end management investment company or a similar entity. A
registered investment company is registered under the Investment
Company Act of 1940.\4\
---------------------------------------------------------------------------

    \3\ In October 1999, the Commission approved NYSE Arca Equities
Rule 5.2(j)(3), which sets forth the rules related to listing and
trading criteria for Investment Company Units. Securities Exchange
Act Release No. 41983 (October 6, 1999), 64 FR 56008 (October 15,
1999)(SR-PCX-1998-29). In July 2001, the Commission also approved
the Exchange's listing standards pursuant to Rule 19b-4(e) for
listing and trading, or the trading pursuant to UTP, of Investment
Company Units under NYSE Arca Equities Rule 5.2(j)(3). Securities
Exchange Act Release No. 44551 (July 12, 2001), 66 FR 37716-01 (July
19, 2001)(SR-PCX-2001-14).
    \4\ 15 U.S.C. 80a.
---------------------------------------------------------------------------

    The ``generic'' listing criteria of Commentary .01 to NYSE Arca
Equities Rule 5.2(j)(3) permits listing or trading pursuant to UTP of
ICUs that satisfy such criteria in reliance upon Rule 19b-4(e) under
the Act \5\, without a filing pursuant to Rule 19b-4 under the Act.\6\
Commentary .01(b)(1) to NYSE Arca Equities Rule 5.2(j)(3) requires that
if a series of ICUs approved for trading (including pursuant to UTP) on
the Exchange in reliance upon Rule 19b-4(e) under the Act,\7\ the index
underlying the series of ICUs must be calculated based on either the
market capitalization, modified market capitalization, price, equal-
dollar or

modified equal-dollar weighting methodology.
---------------------------------------------------------------------------

    \5\ 17 CFR 240.19b-4(e).
    \6\ 17 CFR 240.19b-4.
    \7\ 17 CFR 240.19b-4(e).
---------------------------------------------------------------------------

    According to the Exchange, the proposed rule change will specify
one additional methodology. The Exchange proposes to amend Commentary
.01(b)(1) to NYSE Arca Equities Rule 5.2(j)(3) to permit a series of
ICUs to be listed or traded pursuant to UTP under the generic standards
pursuant to Rule 19b-4(e) under the Act \8\ if the underlying index for
such series is weighted based on any, some or all of the following:
sales, cash flow, book value, and dividends (``fundamentals weighted
indexes'').\9\ The Exchange states that the proposed rule change is
based on the proposed rule change of the NASDAQ Stock Market LLC
(``Nasdaq'').\10\
---------------------------------------------------------------------------

    \8\ Id.
    \9\ In each instance, the index methodology will set forth the
means for calculating sales, cash flow, book value, and dividends.
    \10\ See Securities Exchange Act Release No. 54459 (September
15, 2006), 71 FR 55533 (September 22, 2006)(SR-NASDAQ-2006-035).
---------------------------------------------------------------------------

    ``Sales'' refers to the total of reported operating revenues less
various adjustments to gross sales, such as returns, discounts,
allowances, excise taxes, insurance charges, sales taxes, and value
added taxes. In calculating the sales value, an index provider may opt
to average the company's applicable figures for several prior years
(e.g., five prior years as reflected in the company's Annual Report on
Form 10-K).
    ``Cash Flow'' refers to operating income plus depreciation. For
example, a manufacturer typically reports its operating income as its
net sales plus other operating income minus the cost of goods sold and
selling, general and administrative expenses. Depreciation expense for
a manufacturer typically includes the depreciation that is directly
related to or associated with tangible fixed assets and includes
amortization of fixed assets that are part of plant, property and
equipment, such as leased assets, leasehold improvements, and internal
use software. For example, for a manufacturer depreciation, expense
excludes amortization of intangible assets. For banks, financial
companies and REITs, operating income refers to their total operating
revenue minus total operating expenses. For REITs, depreciation expense
includes depreciation relating to real estate property and includes:
corporate fixed asset depreciation if not separated from property
depreciation. In calculating cash flow, an index provider may opt to
average the company's applicable figures for several prior years (e.g.,
five prior years as reflected in the company's Annual Report on Form
10-K).
    ``Book Value'' refers to a company's book value at the index review
date. In accordance with accounting principles, book value generally
means total common equity, which is derived from adding share capital
and additional paid-in capital to retained earnings. In calculating
book value, an index provider may opt to average the company's
applicable figures for several prior years (e.g., five prior years as
reflected in the company's Annual Report on Form 10-K).
    ``Dividends'' refers to total dividend distributions, including
both special and regular dividends paid in cash. Generally, the total
dividend amount that is declared to all classes of common shareholders
includes regular cash, as well as special cash dividends, and excludes
returns of capital and in-specie dividends. In calculating dividends,
an index provider may opt to average the company's applicable figures
for several prior years (e.g., five prior years as reflected in the
company's Annual Report on Form 10-K).
    The Exchange believes that the fundamentals weighting methodology
is a transparent methodology that is appropriately included in the ICU
generic listing criteria as an alternative to traditional weighting
techniques. According to the Exchange, fundamental indexing provides an
investor with additional choices in selecting exchange-traded funds
whose underlying index emphasizes financial factors that the investor
may believe are important. The Exchange notes that products based on
indexes using this methodology are already subject to the other
requirements of the generic listing standards pursuant to Rule 19b-
4(e).\11\ The Exchange has requested accelerated approval in order to
avoid delay in the listing and trading (including pursuant to UTP) of
securities linked to fundamental weighted indexes.\12\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(e).
    \12\ Telephone conference on September 21, 2006 between Michael
Cavalier, Assistant General Counsel, NYSE Group, Inc. and Mitra
Mehr, Special Counsel, Division of Market Regulation, Commission
(``September 21st Telephone Conference'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \13\ of the Act, in general, and furthers the
objectives of Section 6(b)(5) \14\ of the Act, in particular, in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanisms of a free and open market and a national market system.
The Exchange believes that the proposed rule change should facilitate
the listing and trading (including pursuant to UTP) of Investment
Company Units that rely on an index using a fundamental weighting
methodology and should thereby reduce the burdens on issuers and other
market participants.\15\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ September 21st Telephone Conference.
---------------------------------------------------------------------------

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

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-NYSEArca-2006-61 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2006-61. This

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

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal offices 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-NYSEArca-2006-61 and should be submitted on or before
October 23, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\16\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\17\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism for a free and open market and a national market system,
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \16\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change amends NYSE's existing generic listing
standards pursuant to Rule 19b-4(e) \18\ for Investment Company Units
to provide that an eligible index may be calculated following the
``fundamentals weighted'' or ``fundamental index'' methodology. This
index calculation methodology weights components based on one or more
of the following: Sales, cash flow, book value, and dividends.\19\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(e).
    \19\ According to the NYSE, in each instance, the index
methodology will set forth the means of calculating sales, cash
flow, book value, and dividends and thus will be transparent.
---------------------------------------------------------------------------

    Including this index calculation methodology in NYSE's generic
listing standards will provide investors with more investment choices
by offering an alternative to the other index methodologies, such as
capitalization-weighted ones. The Commission notes that the indexes
that would be based on the fundamentals weighting methodology will
already be subject to the requirements of the generic listing standards
pursuant to Rule 19b-4(e) of the Act,\20\ including trading volume and
liquidity requirements. In addition, by amending its generic listing
standards pursuant to Rule 19b-4(e) of the Act,\21\ NYSE should reduce
the time frame for listing and trading Investment Company Units that
rely on an index utilizing a fundamentals weighting methodology. The
proposed rule change should therefore facilitate the listing and
trading (including on an unlisted trading privileges basis) of such
securities and thereby reduce the burdens on issuers and other market
participants.
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(e).
    \21\ Id.
---------------------------------------------------------------------------

    The Exchange has requested accelerated approval of the proposed
rule change. The Commission finds good cause for approving the proposed
rule change prior to the 30th day after the date of publication of the
notice of filing in the Federal Register. The Commission believes the
proposed rule change should provide investors with an alternative to
the current index calculation methodologies. The proposed rule change
is substantially identical to that approved for another exchange.\22\
The Commission does not believe that the proposed rule change raises
any novel regulatory issues. Therefore, the Commission finds good
cause, consistent with Section 19(b)(2) of the Act,\23\ to approve the
proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 54459 (September
15, 2006), 71 FR 55533 (September 22, 2006) (SR-NASDAQ-2006-035).
    \23\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\24\ that the proposed rule change (SR-NYSEArca-2006-61) is
approved on an accelerated basis.
---------------------------------------------------------------------------

    \24\ Id.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-16111 Filed 9-29-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Page 17470]
[FR Doc No: 2016-07040]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2015-0908]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0042

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting approval for
reinstatement, with change, of the following collection of information:
1625-0042, Requirements for Lightering of Oil and Hazardous Material
Cargoes. Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before April
28, 2016.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2015-0908] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email<EMAIL_ADDRESS>    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503,
attention Desk Officer for the Coast Guard.
    (3) Fax:<PHONE_NUMBER>. To ensure your comments are received in a
timely manner, mark the fax, attention Desk Officer for the Coast
Guard.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology. These
comments will help OIRA determine whether to approve the ICR referred
to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2015-0908], and must be received by April 28,
2016.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0042.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (80 FR 72442, November 19,
2015) required by 44 U.S.C. 3506(c)(2). That Notice elicited no
comments. Accordingly, no changes have been made to the Collections.

Information Collection Request

    Title: Requirements for Lightering of Oil and Hazardous Material
Cargoes.
    OMB Control Number: 1625-0042.
    Summary: The information for this report allows the U.S. Coast
Guard to provide timely response to an emergency and minimize the
environmental damage from an oil or hazardous material spill. The
information also allows the Coast Guard to control the location and
procedures for lightering activities.
    Need: Section 3715 of Title 46 U.S.C. authorizes the Coast Guard to
establish lightering regulations. Title 33 CFR 156.200 to 156.330
prescribes the Coast Guard regulations for lightering, including pre-
arrival notice, reporting of incidents and operating conditions.
    Forms: None.
    Respondents: Owners, masters and agents of lightering vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 217
hours to 372 hours a year due to an increase in the estimated annual
number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: March 23, 2016.
Thomas P. Michelli,
Deputy Chief Information Officer, U.S. Coast Guard.
[FR Doc. 2016-07040 Filed 3-28-16; 8:45 am]
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