[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Page 28222]
[FR Doc No: 2018-12953]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Filing

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP18-892-000.
    Applicants: Pioneer Natural Resources USA, Inc., Evergreen Natural
Resources LLC.
    Description: Joint Petition of Pioneer Natural Resources USA, Inc.,
et al. for Limited Waiver, et al.
    Filed Date: 6/11/18.
    Accession Number: 20180611-5155.
    Comments Due: 5 p.m. ET 6/19/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 12, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-12953 Filed 6-15-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48888-48889]
[FR Doc No: 2023-15968]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-D-0466]

Clinical Considerations for Studies of Devices Intended To Treat
Opioid Use Disorder; Draft Guidance for Industry and Food and Drug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the availability of the draft guidance entitled ``Clinical
Considerations for Studies of Devices Intended to Treat Opioid Use
Disorder.'' Design of clinical studies for devices intended to treat
opioid use disorder (OUD) is challenging. This guidance provides
recommendations for the design of pivotal clinical studies for devices
intended to treat opioid use disorder (``OUD device studies'') and used
to support marketing submissions. These recommendations are applicable
to the design and development of clinical studies to provide a
reasonable assurance of safety and effectiveness for a device intended
to treat OUD. This draft guidance is not final nor is it for
implementation at this time.

DATES: Submit either electronic or written comments on the draft
guidance by October 26, 2023 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-D-0466 for ``Clinical Considerations for Studies of Devices
Intended to Treat Opioid Use Disorder.'' 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)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Clinical Considerations for Studies of Devices Intended to Treat
Opioid Use Disorder'' to the Office of Policy, Guidance and Policy
Development, Center for Devices

and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.

FOR FURTHER INFORMATION CONTACT: Megha Reddy, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 2568, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The opioid overdose crisis is a serious and complex challenge
facing the United States. The Agency has already taken significant
steps to decrease unnecessary exposure to opioids, prevent new cases of
opioid use disorder (OUD) and support the treatment of people with OUD.
The Center for Devices and Radiological Health (CDRH) is committed to
helping to end this national crisis. This guidance provides
recommendations for the design of pivotal clinical studies for devices
intended to treat OUD (hereafter ``OUD device studies'') and used to
support marketing submissions. These recommendations are applicable to
the design and development of clinical studies to provide a reasonable
assurance of safety and effectiveness for a device intended to treat
OUD. OUD device studies designed using the recommendations set out in
this guidance may advance the treatment of OUD by providing scientific
evidence that aids FDA in determining whether there is a reasonable
assurance that a device intended to treat OUD is safe and effective.
These recommendations may change as more information becomes available,
and the research community gains experience with different designs in
relation to OUD device studies.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on this topic. It
does not establish any rights for any person and is not binding on FDA
or the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

II. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all CDRH guidance documents is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also available at https://www.regulations.gov or https://www.fda.gov/regulatory-information/search-fda-guidance-documents. Persons unable to download an electronic
copy of ``Clinical Considerations for Studies of Devices Intended to
Treat Opioid Use Disorder'' may send an email request to [email protected] to receive an electronic copy of the document.
Please use the document number GUI00019017 and complete title to
identify the guidance you are requesting.

III. Paperwork Reduction Act of 1995

    While this guidance contains no new 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 the following FDA guidance have been approved by OMB
as listed in the following table:

------------------------------------------------------------------------
                                                           OMB  control
            Guidance                      Topic                 No.
------------------------------------------------------------------------
``Requests for Feedback on       Q-submissions..........       0910-0756
 Medical Device Submissions:
 The Pre-Submission Program and
 Meetings with Food and Drug
 Administration Staff''.
------------------------------------------------------------------------

    Dated: July 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-15968 Filed 7-27-23; 8:45 am]
BILLING CODE 4164-01-P


if it doesn't meet the goal, the bidder can document adequate good
faith efforts. This means that the bidder must show that it took all
necessary and reasonable steps to achieve a DBE goal or other
requirement of this part which, by their scope, intensity, and
appropriateness to the objective, could reasonably be expected to
obtain sufficient DBE participation, even if they were not fully
successful.
    II. In any situation in which you have established a contract
goal, Part 26 requires you to use the good faith efforts mechanism
of this part. As a recipient, you have the responsibility to make a
fair and reasonable judgment whether a bidder that did not meet the
goal made adequate good faith efforts. It is important for you to
consider the quality, quantity, and intensity of the different kinds
of efforts that the bidder has made, based on the regulations and
the guidance in this Appendix.
    The efforts employed by the bidder should be those that one
could reasonably expect a bidder to take if the bidder were actively
and aggressively trying to obtain DBE participation sufficient to
meet the DBE contract goal. Mere pro forma efforts are not good
faith efforts to meet the DBE contract requirements. We emphasize,
however, that your determination concerning the sufficiency of the
firm's good faith efforts is a judgment call. Determinations should
not be made using quantitative formulas.
    III. The Department also strongly cautions you against requiring
that a bidder meet a contract goal (i.e., obtain a specified amount
of DBE participation) in order to be awarded a contract, even though
the bidder makes an adequate good faith efforts showing. This rule
specifically prohibits you from ignoring bona fide good faith
efforts.
    IV. The following is a list of types of actions which you should
consider as part of the bidder's good faith efforts to obtain DBE
participation. It is not intended to be a mandatory checklist, nor
is it intended to be exclusive or exhaustive. Other factors or types
of efforts may be relevant in appropriate cases.
    A. (1) Conducing market research to identify small business
contractors and suppliers and soliciting through all reasonable and
available means the interest of all certified DBEs that have the
capability to perform the work of the contract. This may include
attendance at pre-bid and business matchmaking meetings and events,
advertising and/or written notices, posting of Notices of Sources
Sought and/or Requests for Proposals, written notices or emails to
all DBEs listed in the State's directory of transportation firms
that specialize in the areas of work desired (as noted in the DBE
directory) and which are located in the area or surrounding areas of
the project.
    (2) The bidder should solicit this interest as early in the
acquisition process as practicable to allow the DBEs to respond to
the solicitation and submit a timely offer for the subcontract. The
bidder should determine with certainty if the DBEs are interested by
taking appropriate steps to follow up initial solicitations.
    B. Selecting portions of the work to be performed by DBEs in
order to increase the likelihood that the DBE goals will be
achieved. This includes, where appropriate, breaking out contract
work items into economically feasible units (for example, smaller
tasks or quantities) to facilitate DBE participation, even when the
prime contractor might otherwise prefer to perform these work items
with its own forces. This may include, where possible, establishing
flexible timeframes for performance and delivery schedules in a
manner that encourages and facilitates DBE participation.
    C. Providing interested DBEs with adequate information about the
plans, specifications, and requirements of the contract in a timely
manner to assist them in responding to a solicitation with their
offer for the subcontract.
    D. (1) Negotiating in good faith with interested DBEs. It is the
bidder's responsibility to make a portion of the work available to
DBE subcontractors and suppliers and to select those portions of the
work or material needs consistent with the available DBE
subcontractors and suppliers, so as to facilitate DBE participation.
Evidence of such negotiation includes the names, addresses, and
telephone numbers of DBEs that were considered; a description of the
information provided regarding the plans and specifications for the
work selected for subcontracting; and evidence as to why additional
Agreements could not be reached for DBEs to perform the work.
    (2) A bidder using good business judgment would consider a
number of factors in negotiating with subcontractors, including DBE
subcontractors, and would take a firm's price and capabilities as
well as contract goals into consideration. However, the fact that
there may be some additional costs involved in finding and using
DBEs is not in itself sufficient reason for a bidder's failure to
meet the contract DBE goal, as long as such costs are reasonable.
Also, the ability or desire of a prime contractor to perform the
work of a contract with its own organization does not relieve the
bidder of the responsibility to make good faith efforts. Prime
contractors are not, however, required to accept higher quotes from
DBEs if the price difference is excessive or unreasonable.
    E. (1) Not rejecting DBEs as being unqualified without sound
reasons based on a thorough investigation of their capabilities. The
contractor's standing within its industry, membership in specific
groups, organizations, or associations and political or social
affiliations (for example union vs. non-union status) are not
legitimate causes for the rejection or non-solicitation of bids in
the contractor's efforts to meet the project goal. Another practice
considered an insufficient good faith effort is the rejection of the
DBE because its quotation for the work was not the lowest received.
However, nothing in this paragraph shall be construed to require the
bidder or prime contractor to accept unreasonable quotes in order to
satisfy contract goals.
    (2) A prime contractor's inability to find a replacement DBE at
the original price is not alone sufficient to support a finding that
good faith efforts have been made to replace the original DBE. The
fact that the contractor has the ability and/or desire to perform
the contract work with its own forces does not relieve the
contractor of the obligation to make good faith efforts to find a
replacement DBE, and it is not a sound basis for rejecting a
prospective replacement DBE's reasonable quote.
    F. Making efforts to assist interested DBEs in obtaining
bonding, lines of credit, or insurance as required by the recipient
or contractor.
    G. Making efforts to assist interested DBEs in obtaining
necessary equipment, supplies, materials, or related assistance or
services.
    H. Effectively using the services of available minority/women
community organizations; minority/women contractors' groups; local,
State, and Federal minority/women business assistance offices; and
other organizations as allowed on a case-by-case basis to provide
assistance in the recruitment and placement of DBEs.
    V. In determining whether a bidder has made good faith efforts,
it is essential to scrutinize its documented efforts. At a minimum,
you must review the performance of other bidders in meeting the
contract goal. For example, when the apparent successful bidder
fails to meet the contract goal, but others meet it, you may
reasonably raise the question of whether, with additional efforts,
the apparent successful bidder could have met the goal. If the
apparent successful bidder fails to meet the goal, but meets or
exceeds the average DBE participation obtained by other bidders, you
may view this, in conjunction with other factors, as evidence of the
apparent successful bidder having made good faith efforts. As
provided in Sec.  26.53(b)(2)((vi), you must also require the

contractor to submit copies of each DBE and non-DBE subcontractor
quote submitted to the bidder when a non-DBE subcontractor was
selected over a DBE for work on the contract to review whether DBE
prices were substantially higher; and contact the DBEs listed on a
contractor's solicitation to inquire as to whether they were
contacted by the prime. Pro forma mailings to DBEs requesting bids
are not alone sufficient to satisfy good faith efforts under the
rule.
    VI . A promise to use DBEs after contract award is not
considered to be responsive to the contract solicitation or to
constitute good faith efforts.

0
24. Revise appendix B to part 26 to read as follows:

Appendix B to 49 CFR Part 26--Uniform Report of DBE Awards or
Commitments and Payments Form

INSTRUCTIONS FOR COMPLETING THE UNIFORM REPORT OF DBE AWARDS/
COMMITMENTS AND PAYMENTS

    Recipients of Department of Transportation (DOT) funds are
expected to keep accurate data regarding the contracting
opportunities available to firms paid for with DOT dollars. Failure
to submit contracting data relative to the DBE program will result
in noncompliance with Part 26. All dollar values listed on this form
should represent the DOT share attributable to the Operating
Administration (OA): Federal Highway Administration (FHWA), Federal
Aviation Administration (FAA) or Federal Transit Administration
(FTA) to which this report will be submitted.
    1. Indicate the DOT (OA) that provides your Federal financial
assistance. If assistance comes from more than one OA, use separate
reporting forms for each OA. If you are an FTA recipient, indicate
your Vendor Number in the space provided.
    2. If you are an FAA recipient, indicate the relevant AIP
Numbers covered by this report. If you are an FTA recipient,
indicate the Grant/Project numbers covered by this report. If more
than ten attach a separate sheet.
    3. Specify the Federal fiscal year (i.e., October 1-September
30) in which the covered reporting period falls.
    4. State the date of submission of this report.
    5. Check the appropriate box that indicates the reporting period
that the data provided in this report covers. For FHWA and FTA
recipients, if this report is due June 1, data should cover October
1-March 31. If this report is due December 1, data should cover
April 1-September 30. If the report is due to the FAA, data should
cover the entire year.
    6. Provide the name and address of the recipient.
    7. State your overall DBE goal(s) established for the Federal
fiscal year of the report being submitted to and approved by the
relevant OA. Your overall goal is to be reported as well as the
breakdown for specific Race Conscious and Race Neutral projections
(both of which include gender-conscious/neutral projections). The
Race Conscious projection should be based on measures that focus on
and provide benefits only for DBEs. The use of contract goals is a
primary example of a race conscious measure. The Race Neutral
projection should include measures that, while benefiting DBEs, are
not solely focused on DBE firms. For example, a small business
outreach program, technical assistance, and prompt payment clauses
can assist a wide variety of businesses in addition to helping DBE
firms.

Section A: Awards and Commitments Made During This Period

    The amounts in items 8(A)-10(I) should include all types of
prime contracts awarded and all types of subcontracts awarded or
committed, including: professional or consultant services,
construction, purchase of materials or supplies, lease or purchase
of equipment and any other types of services. All dollar amounts are
to reflect only the Federal share of such contracts and should be
rounded to the nearest dollar.
    Line 8: Prime contracts awarded this period: The items on this
line should correspond to the contracts directly between the
recipient and a supply or service contractor, with no intermediaries
between the two.
    8(A). Provide the total dollar amount for all prime contracts
assisted with DOT funds and awarded during this reporting period.
This value should include the entire Federal share of the contracts
without removing any amounts associated with resulting subcontracts.
    8(B). Provide the total number of all prime contracts assisted
with DOT funds and awarded during this reporting period.
    8(C). From the total dollar amount awarded in item 8(A), provide
the dollar amount awarded in prime contracts to certified DBE firms
during this reporting period. This amount should not include the
amounts sub contracted to other firms.
    8(D). From the total number of prime contracts awarded in item
8(B), specify the number of prime contracts awarded to certified DBE
firms during this reporting period.
    8(E&F). This field is closed for data entry. Except for the very
rare case of DBE-set asides permitted under 49 CFR part 26, all
prime contracts awarded to DBES are regarded as race-neutral.
    8(G). From the total dollar amount awarded in item 8(C), provide
the dollar amount awarded to certified DBEs through the use of Race
Neutral methods. See the definition of Race Neutral in item 7 and
the explanation in item 8 of project types to include.
    8(H). From the total number of prime contracts awarded in 8(D),
specify the number awarded to DBEs through Race Neutral methods.
    8(I). Of all prime contracts awarded this reporting period,
calculate the percentage going to DBEs. Divide the dollar amount in
item 8(C) by the dollar amount in item 8(A) to derive this
percentage. Round percentage to the nearest tenth.
    Line 9: Subcontracts awarded/committed this period: Items 9(A)-
9(I) are derived in the same way as items 8(A)-8(I), except that
these calculations should be based on subcontracts rather than prime
contracts. Unlike prime contracts, which may only be awarded,
subcontracts may be either awarded or committed.
    9(A). If filling out the form for general reporting, provide the
total dollar amount of subcontracts assisted with DOT funds awarded
or committed during this period. This value should be a subset of
the total dollars awarded in prime contracts in 8(A), and therefore
should never be greater than the amount awarded in prime contracts.
If filling out the form for project reporting, provide the total
dollar amount of subcontracts assisted with DOT funds awarded or
committed during this period. This value should be a subset of the
total dollars awarded or previously in prime contracts in 8(A). The
sum of all subcontract amounts in consecutive periods should never
exceed the sum of all prime contract amounts awarded in those
periods.
    9(B). Provide the total number of all sub contracts assisted
with DOT funds that were awarded or committed during this reporting
period.
    9(C). From the total dollar amount of sub contracts awarded/
committed this period in item 9(A), provide the total dollar amount
awarded in sub contracts to DBEs.
    9(D). From the total number of sub contracts awarded or
committed in item 9(B), specify the number of sub contracts awarded
or committed to DBEs.
    9(E). From the total dollar amount of sub contracts awarded or
committed to DBEs this period, provide the amount in dollars to DBEs
using Race Conscious measures.
    9(F). From the total number of sub contracts awarded orcommitted
to DBEs this period, provide the number of sub contracts awarded or
committed to DBEs using Race Conscious measures.
    9(G). From the total dollar amount of sub contracts awarded/
committed to DBEs this period, provide the amount in dollars to DBEs
using Race Neutral measures.
    9(H). From the total number of sub contracts awarded/committed
to DBEs this period, provide the number of sub contracts awarded to
DBEs using Race Neutral measures.
    9(I). Of all subcontracts awarded this reporting period,
calculate the percentage going to DBEs. Divide the dollar amount in
item 9(C) by the dollar amount in item 9(A) to derive this
percentage. Round percentage to the nearest tenth.
    Line 10: Total contracts awarded or committed this period. These
fields should be used to show the total dollar value and number of
contracts awarded to DBEs and to calculate the overall percentage of
dollars awarded to DBEs.
    10(A)-10(B). These fields are unavailable for data entry.
    10(C-H). Combine the total values listed on the prime contracts
line (Line 8) with the corresponding values on the subcontracts line
(Line 9).
    10(I). Of all contracts awarded this reporting period, calculate
the percentage going to DBEs. Divide the total dollars awarded to
DBEs in item 10(C) by the dollar amount in item 8(A) to derive this
percentage. Round percentage to the nearest tenth.

Section B: Breakdown by Ethnicity & Gender of Contracts Awarded to
DBEs This Period

    11-17. Further breakdown the contracting activity with DBE
involvement. The Total Dollar Amount to DBEs in 17(C) should equal
the Total Dollar Amount to DBEs in 10(C). Likewise the total number
of contracts to DBEs in 17(F) should equal the Total Number of
Contracts to DBEs in 10(D).
    Line 16: The ``Non-Minority'' category is reserved for any firms
whose owners are not members of the presumptively disadvantaged
groups already listed, but who are either ``women'' OR eligible for
the DBE program on an individual basis. All DBE firms must be
certified by the Unified Certification Program to be counted in this
report.

Section C: Payments on Ongoing Contracts

    Line 18(A-E). Submit information on contracts that are currently
in progress. All dollar amounts are to reflect only the Federal
share of such contracts, and should be rounded to the nearest
dollar.
    18(A). Provide the total dollar amount paid to all firms
performing work on contracts.
    18(B). Provide the total number of contracts where work was
performed during the reporting period.
    18(C). From the total number of contracts provided in 18(A)
provide the total number of contracts that are currently being
performed by DBE firms for which payments have been made.
    18(D). From the total dollar amount paid to all firms in 18(A),
provide the total dollar value paid to DBE firms currently
performing work during this period.
    18(E). Provide the total number of DBE firms that received
payment during this reporting period. For example, while 3 contracts
may be active during this period, one DBE firm may be providing
supplies or services on all three contracts. This field should only
list the number of DBE firms performing work.
    18(F). Of all payments made during this period, calculate the
percentage going to DBEs. Divide the total dollar value to DBEs in
item 18(D) by the total dollars of all payments in 18(B). Round
percentage to the nearest tenth.

Section D: Actual Payments on Contracts Completed This Reporting
Period

    This section should provide information only on contracts that
are closed during this period. All dollar amounts are to reflect the
entire Federal share of such contracts, and should be rounded to the
nearest dollar.
    19(A). Provide the total number of contracts completed during
this reporting period that used Race Conscious measures. Race
Conscious contracts are those with contract goals or another race
conscious measure.
    19(B). Provide the total dollar value of prime contracts
completed this reporting period that had race conscious measures.
    19(C). From the total dollar value of prime contracts completed
this period in 19(B), provide the total dollar amount of dollars
awarded or committed to DBE firms in order to meet the contract
goals. This applies only to Race Conscious contracts.
    19(D). Provide the actual total DBE participation in dollars on
the race conscious contracts completed this reporting period.
    19(E). Of all the contracts completed this reporting period
using Race Conscious measures, calculate the percentage of DBE
participation. Divide the total dollar amount to DBEs in item 19(D)
by the total dollar value provided in 19(B) to derive this
percentage. Round to the nearest tenth.
    20(A)-20(E). Items 21(A)-21(E) are derived in the same manner as
items 19(A)-19(E), except these figures should be based on contracts
completed using Race Neutral measures.
    20(C). This field is closed.
    21(A)-21(D). Calculate the totals for each column by adding the
race conscious and neutral figures provided in each row above.
    21(C). This field is closed.
    21(E). Calculate the overall percentage of dollars to DBEs on
completed contracts. Divide the Total DBE participation dollar value
in 21(D) by the Total Dollar Value of Contracts Completed in 21(B)
to derive this percentage. Round to the nearest tenth.
    23. Name of the Authorized Representative preparing this form.
    24. Signature of the Authorized Representative.
    25. Phone number of the Authorized Representative.
    **Submit your completed report to your Regional or Division
Office.
BILLING CODE 4910-9X-P

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0
25. Revise appendix F to part 26 to read as follows:

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0
26. Add appendix G to part 26 to read as follows:

Appendix G to Part 26--Personal Net Worth Statement

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[FR Doc. 2014-23173 Filed 10-1-14; 8:45 am]
BILLING CODE 4910-9X-C


[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89865-89867]
[FR Doc No: 2016-29840]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0987]
RIN 1625-AA00

Safety Zone; James River, Newport News, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the James River within 1500-foot radius of the M/V
SS DEL MONTE, in the vicinity of the James River Reserve Fleet, in
support of United States Navy explosive training on the M/V SS DEL
MONTE. This action is necessary to provide for the safety of life and
property on the surrounding navigable waters during the United States
Navy explosives training. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Hampton Roads.

DATES: This rule is effective without actual notice from December 13,
2016 through 4 p.m. on December 16, 2016. For the purposes of
enforcement, actual notice will be used from 8 a.m. on December 12,
2016, through December 13, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0987 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 LCDR Barbara Wilk, Sector Hampton Roads Waterways
Management, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
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 information about the training
starting at 8 a.m. on December 12, 2016, through 4 p.m. on December 16,
2016, was not received by the Coast Guard until October 25, 2016.
Failure to conduct this required training at this time will result in a
lapse in personnel qualification standards and, consequently, the
inability of Navy personnel to carry out important national security
functions. Due to the timing of the notification it would be
impracticable for the Coast Guard to publish an NPRM because there is
insufficient time to allow for an opportunity for public comment on the
proposed rule. Publishing an NPRM would be contrary to the public
interest since immediate action is necessary to protect the public
safety by ensuring the standards of training are met. The potential
hazards to mariners within the safety zone include shock waves, flying
shrapnel, and loud noises. We are issuing this rule, and under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making it
effective less than 30 days after publication in the Federal Register.
As noted above, failure to conduct this required training at this time
will result in a lapse in personnel qualification standards and,
consequently, the inability of Navy personnel to carry out important
national security functions. Due to the need for immediate action, the
restriction on vessel traffic is necessary to protect life, property
and the environment. Delaying the effective date would be contrary to
the safety zone's intended objectives of protecting persons and
vessels, and enhancing public and maritime safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Hampton Roads (COTP) has determined that
potential hazards associated with the military training starting at 8
a.m. on December 12, 2016, through 4 p.m. on December 16, 2016, will be
a safety concern for anyone within a 1500-foot radius of the M/V SS DEL
MONTE. This rule is needed to protect the participants,

patrol vessels, and other vessels transiting the navigable waters of
the James River, in the vicinity of the James River Reserve Fleet, from
hazards associated with military explosives operations. The potential
hazards to mariners within the safety zone include shock waves, flying
shrapnel, and loud noises.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. on December 12,
2016, through 4 p.m. on December 16, 2016. The safety zone will
encompass all navigable waters within a 1500-foot radius of the M/V SS
DEL MONTE located in approximate position 37[deg]06'11'' N.,
076[deg]38'40'' W. The duration of the zone is intended to protect
personnel and vessels in these navigable waters while the training is
in effect. This safety zone still allows for navigation on the waterway
around the safety zone. Access to the safety zone will be restricted
during the effective period. Except for participants and vessels
authorized by the Captain of the Port or his Representative, no person
or vessel may enter or remain in the regulated area.

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

    This rule is not a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, it has not been reviewed by the
Office of Management and Budget.
    The Coast Guard expects the economic impact of this rule to be
nominal. This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone which will impact a small designated area of the James River in
Newport News, Virginia, beginning at 8 a.m. on December 12, 2016,
through 4 p.m. on December 16, 2016. The safety zone will occur during
a time of year when vessel traffic is normally low and vessel; traffic
will be able to safety transit around the safety zone. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone and the rule allows 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
contact 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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 less than 4 days that will prohibit
entry within 1500 feet of the M/V SS DEL MONTE along the James River.
It is categorically excluded from further review under paragraph 34(g)
of figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this 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.

H. Civil Justice Reform

    This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive order 12988, Civil Justice
Reform to eliminate ambiguity, minimize litigation, establish clear
legal standards, and reduce burden.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0987 to read as follows:

165.T05-0987  Safety Zone, James River; Newport News, VA.

    (a) Definitions. For the purposes of this section--
    Captain of the Port means the Commander, Sector Hampton Roads.
    Participants mean individuals and vessels involved in explosives
training.
    Representative means any Coast Guard commissioned, warrant or petty
officer who has been authorized to act on the behalf of the Captain of
the Port.
    (b) Location. The following area is a safety zone: All waters in
the vicinity of the of the James River Reserve Fleet, in the James
River, within a 1500-foot radius of the M/V SS DEL MONTE in approximate
position 37[deg]06'11'' N., 076[deg]38'40'' W. (NAD 1983).
    (c) Regulations.
    (1) The general regulations governing safety zones in Sec.  165.23
apply to the area described in paragraph (b) of this section.
    (2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, Hampton Roads or his designated representatives.
    (3) All vessels within this safety zone when this section becomes
effective must depart the zone immediately.
    (4) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number<PHONE_NUMBER>.
    (5) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65Mhz) and channel 16 (156.8 Mhz).
    (6) This section applies to all persons or vessels except
participants and vessels that are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by federal, state, and local
agencies.
    (e) Enforcement Period. This rule will be enforced from 8 a.m. on
December 12, 2016, through 4 p.m. on December 16, 2016.

Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-29840 Filed 12-12-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Notices]
[Pages 26246-26247]
[FR Doc No: 2014-10348]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9910-47-Region-3]

Adequacy Status of the Submitted Maintenance Plan for the
Maryland Portion of the Martinsburg-Hagerstown, WV-MD 1997 Fine
Particulate National Ambient Air Quality Standard Nonattainment Area
for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this notice, the Environmental Protection Agency (EPA) is
notifying the public that EPA has found that the motor vehicle
emissions budgets (MVEBs) in the Maryland portion of the Martinsburg-
Hagerstown, WV-MD 1997 Fine Particulate (PM2.5) National
Ambient Air Quality Standard (NAAQS) Nonattainment Area Maintenance
Plan (Hagerstown Maintenance Plan), submitted as a State Implementation
Plan (SIP) revision by Maryland Department of the Environment (MDE),
are adequate for transportation conformity purposes. As a result of
EPA's finding, the State of Maryland must use the 2017 and 2025 MVEBs
from the Hagerstown Maintenance Plan for future conformity
determinations for the 1997 PM2.5 NAAQS.

DATES: Effective on May 22, 2014.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, Physical Scientist,
Office of Air Program Planning (3AP30), United States Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA
19103,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Today's notice is simply an announcement of
a finding that EPA has already made. EPA Region III sent a letter to
MDE on April 3, 2014, stating that EPA has found that the MVEBs in the
Hagerstown Maintenance Plan for budget years 2017 and 2025, submitted
on December 23, 2013 by MDE, are adequate for transportation conformity
purposes. As a result of EPA's finding, the State of Maryland must use
the 2017 and 2025 MVEBs from the December 23, 2013 Hagerstown
Maintenance Plan for future conformity determinations in the Maryland
portion of the Martinsburg-Hagerstown, WV-MD 1997 PM2.5
NAAQS Nonattainment Area. Receipt of the submittal was announced on
EPA's transportation conformity Web site. No comments were received.
The findings letter is available at EPA's conformity

Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm. The adequate direct particulate matter (PM) and nitrogen
oxides (NOX) MVEBs are provided in Table 1.

     Table 1--On-Road MVEBs Contained in the Maryland Portion of the
 Martinsburg-Hagerstown, WV-MD 1997 PM[ihel2].[ihel5] Nonattainment Area
          Maintenance Plan for the 1997 PM[ihel2].[ihel5] NAAQS
------------------------------------------------------------------------
                                                          Mobile vehicle
                                         Motor vehicle       emissions
                                        emissions budget  budget for NOX
                 Year                         for             on-road
                                       PM[ihel2].[ihel5]     emissions
                                       on-road emissions     (tons per
                                        (tons per year)        year)
------------------------------------------------------------------------
2017.................................            149.63         4,057.00
2025.................................             93.35         2,774.63
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the
Clean Air Act (CAA). EPA's conformity rule requires that transportation
plans, transportation improvement programs, and projects conform to
SIPs and establishes the criteria and procedures for determining
whether or not they do. Conformity to a SIP means that transportation
activities will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the national ambient air
quality standards.
    The criteria by which we determine whether a SIP's MVEBs are
adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4).
EPA described the process for determining the adequacy of submitted SIP
budgets in a July 1, 2004 preamble starting at 69 FR 40038 and used the
information in these resources in making this adequacy determination.
The State of Maryland did not provide emission budgets for sulfur
dioxide (SO2), volatile organic compounds (VOCs), or ammonia
for the Hagerstown Maintenance Plan because it concluded that emissions
of these precursors from motor vehicles are not significant
contributors to the area's PM2.5 air quality problem. The
transportation conformity rule provision at 40 CFR 93.102(b)(2)(v)
indicates that conformity does not apply for these precursors, due to
the lack of motor vehicle emissions budgets for these precursors and
state's conclusion that motor vehicle emissions of SO2,
VOCs, and ammonia do not contribute significantly to the area's
PM2.5 nonattainment problem. This provision of the
transportation conformity rule predates and was not disturbed by the
January 4, 2013 decision in the litigation on the PM2.5
implementation rule.\1\ EPA has preliminarily concluded that Maryland's
decision to not include budgets for SO2, VOCs, and ammonia
is consistent with the requirements of the transportation conformity
rule. That decision does not affect EPA's adequacy finding for the
submitted direct PM and NOX MVEBs for the Hagerstown
Maintenance Plan.
---------------------------------------------------------------------------

    \1\ EPA issued conformity regulations to implement the 1997
PM2.5 NAAQS (69 FR 40004, July 1, 2004 and 70 FR 24280,
May 6, 2005, respectively). Those actions were not part of the final
rule recently remanded to EPA by the Court of Appeals for the
District of Columbia in NRDC v. EPA, No. 08-1250 (January 4, 2013),
in which the Court remanded to EPA the implementation rule for the
PM2.5 NAAQS because it concluded that EPA must implement
that NAAQS pursuant to the PM-specific implementation provisions of
subpart 4 of Part D of Title I of the CAA, rather than solely under
the general provisions of subpart 1.
---------------------------------------------------------------------------

    Please note that an adequacy review is separate from EPA's
completeness review, and should not be used to prejudge EPA's ultimate
approval action for the SIP. Even if EPA finds the budgets for the
Hagerstown Maintenance Plan adequate, the SIP could later be
disapproved. The finding and the response to comments are available at
EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

    Authority:  42 U.S.C. 7401-7671q.

    Dated: April 25, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-10348 Filed 5-6-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 20, 2007 (Volume 72, Number 139)]
[Notices]
[Page 39865-39866]
[DOCID:fr20jy07-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56064; File No. SR-CHX-2006-42]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change, as Modified by Amendment No.
1 Thereto, To Modify Provisions Relating to Cross With Yield Orders

July 13, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 22, 2006, the Chicago Stock Exchange, Inc. (``CHX'' or
``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 substantially prepared by the CHX.
On July 6, 2007, the Exchange filed Amendment No. 1 to the proposed
rule change.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1, which replaced the original filing in its
entirety, removed a proposal that would have allowed the Exchange's
Matching System to reprice sell short mid-point cross orders. The
Exchange believes that such repricing is no longer necessary due to
the Commission's recent decision to eliminate Rule 10a-1 and all
similar pricing tests that might be applied to sell short orders.
See Securities Exchange Act Release No. 55970 (June 28, 2007), 72 FR
36348 (July 3, 2007). Amendment No. 1 also removed a proposed
effective date for the new order type and made other small wording
changes to the narrative description.
---------------------------------------------------------------------------

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

    The CHX proposes to amend its rules to permit participants
submitting ``cross with yield'' orders to elect to yield to undisplayed
interest. The text of this proposed rule change is available at the
Exchange, on the Exchange's Web site at: http://www.chx.com/rules/proposed_rules.htm
, and in the Commission's Public Reference Room.

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

    In its filing with the Commission, the CHX 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 CHX 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
    As part of the Exchange's new trading model, the CHX offers its
participants a wide variety of order types that may be submitted to the
CHX and its central matching engine (``Matching System'').\4\ As the
CHX and its participants gain familiarity with this new trading model,
further dialogue with participant firms, as well as industry
developments, will likely necessitate further refinement of the CHX new
trading model rules, including the sort of order type enhancement
proposed in this submission.
---------------------------------------------------------------------------

    \4\ See, e.g., CHX Article 1, Rule 2 and CHX Article 20, Rule 4
(outlining the range of available order types).
---------------------------------------------------------------------------

    This proposed rule change would amend the definition of a ``cross
with yield'' order to permit a CHX participant to elect to yield to
undisplayed market interest in addition to bids and offers that are
displayed in the Matching System. This change is consistent with the
purpose of a cross with yield order--a participant selects this type of
order because it wants its customer order to interact with available
market interest. This proposal, which simply expands the types of
orders to which a participant's interest would yield, is reflected in
changes to Article 1, Rule 2(h) and Article 20, Rules 4(b)(7) and 8(e)
of the Exchange's rules.
2. Statutory Basis
    The CHX believes the proposal is consistent with the requirements
of the Act and the rules and regulations

thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of section 6(b).\5\ The CHX
believes the proposal is consistent with section 6(b)(5) of the Act \6\
in that it is designed to promote just and equitable principles of
trade, to remove impediments to, and to perfect the mechanism of, a
free and open market and a national market system, and, in general, to
protect investors and the public interest by permitting the Exchange to
further refine its product offerings.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 6 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CHX-2006-42 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-CHX-2006-42. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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-CHX-2006-42 and should be
submitted on or before August 10, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-14037 Filed 7-19-07; 8:45 am]

BILLING CODE 8010-01-P