[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73936-73937]
[FR Doc No: 2022-26167]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0335; Airspace Docket No. 22-AAL-17]
RIN 2120-AA66

Revocation of Colored Federal Airway Amber 2 (A-2); Northway, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Colored Federal airway Amber 2 (A-2) due
to the planned decommissioning of the Nebesna, AK (AES), Non-
Directional Beacon (NDB) in the vicinity of Northway, AK.

DATES: Effective date 0901 UTC, February 23, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System (NAS).

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2022-0335 in the Federal Register (87 FR 19823; April 6, 2022),
revoking Colored Federal airway A-2 due to the planned decommissioning
of the Nebesna, AK, NDB. Interested parties were invited to participate
in this rulemaking effort by submitting comments on the proposal. No
comments were received.
    Amber Federal airways are published in paragraph 6009(c) of FAA
Order JO 7400.11G, dated August 19, 2022, and effective September 15,
2022, which is incorporated by reference in 14 CFR 71.1. The Colored
Federal airway listed in this document will be published subsequently
in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by revoking Colored Federal
airway A-2 due to the planned decommissioning of the Nebesna, AK, NDB
in the vicinity of Northway, AK. The amendment is described below.
    A-2: A-2 extends between the Beaver Creek, YT, Canada, NDB and the
Delta Junction, AK, NDB, excluding the airspace within Canada. The
airway is removed in its entirety.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine

matter that will only affect air traffic procedures and air navigation,
it is certified that this rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of revoking
Colored Federal airway A-2, due to the planned decommissioning of the
Nebesna, AK, NDB, qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points), and paragraph 5-
6.5k, which categorically excludes from further environmental review
the publication of existing air traffic control procedures that do not
essentially change existing tracks, create new tracks, change altitude,
or change concentration of aircraft on these tracks. As such, this
action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6009(c) Amber Federal Airways.

* * * * *

A-2 [Removed]

* * * * *

    Issued in Washington, DC, on November 28, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-26167 Filed 12-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20472-20474]
[FR Doc No: 2012-8035]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66676; File No. SR-OCC-2012-03]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change to More Closely Align OCC's
By-Laws and Rules with Regulatory Requirements Related to ``Statutory
Disqualifications''

March 29, 2012.
    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 March 15, 2012, The Options Clearing Corporation (``OCC'') 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 primarily by OCC. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change would more closely align OCC's By-Laws and
Rules with applicable regulatory requirements related to ``statutory
disqualifications'' under the Act in order to reduce the overall
administrative burden on OCC associated with addressing the statutory
disqualification of OCC clearing members (``Clearing Members'') and
applicants for clearing membership (``Applicants'') while giving
guidance to Clearing Members and Applicants as to OCC's policies with
respect to statutory disqualifications.

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

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\3\
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    \3\ The Commission has modified the text of the summaries
prepared by OCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The purpose of this proposed rule change is to more closely align
OCC's By-Laws and Rules with applicable regulatory requirements related
to ``statutory disqualifications'' under the Act in order to reduce the
overall administrative burden on OCC associated with addressing the
statutory disqualification of Clearing Members and Applicants while
giving guidance to Clearing Members and Applicants as to OCC's policies
with respect to statutory disqualifications. OCC is also proposing to
amend its ``Fitness Standards for Directors, Clearing Members and
Others'' (``Fitness Standards'') to bring such standards into
conformity with the proposed amendments to OCC's By-Laws. The Fitness
Standards were submitted to the Commission in SR-OCC-2011-12 and
approved by the Commission on October 27, 2011.\4\
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    \4\ Securities Exchange Act Release No. 34-65648 (October 27,
2011), 76 FR 68236 (November 3, 2011).
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Background
    Persons who have engaged in certain types of misconduct are subject
to ``statutory disqualification,'' as defined by Section 3(a)(39) of
the Act, and must undergo a review by the Commission under Rule 19h-1
of the Act in order to enter or continue in membership in a self-
regulatory organization (``SRO''). Section 17A(b)(4)(A) of the Act
provides that a registered clearing agency may, and in cases in which
the Commission so orders must, deny participation to any person subject
to a statutory disqualification. This provision further requires a
registered clearing agency to provide the Commission with 30 days'
notice before admitting a statutorily disqualified person to clearing
membership. Rule 19h-1 of the Act implements these statutory provisions
by requiring notice to the Commission if a registered clearing agency
proposes either to admit to membership or to continue as a member a
person subject to a statutory disqualification. Notably, unlike in the
case of a national securities exchange or registered securities
association, the rule does not require a registered clearing agency to
file such a notice with respect to statutory disqualifications of
associated persons of a Member or Applicant. A registered clearing
agency is required to file such a notice only when the Member or
Applicant itself is subject to the disqualification.
    Article V of OCC's By-Laws establishes the qualifications required
of Clearing Members and sets forth the procedures for admitting persons
to clearing membership, including those that are or become subject to a
statutory disqualification. Currently, Interpretation and Policy .03 of
Article V, Section 1 of OCC's By-Laws provides that the Membership/Risk
Committee (``Committee'') will not recommend the approval of an
application for membership if the Applicant or an associated person is
subject to a statutory disqualification unless the Committee makes a
finding that ``special circumstances'' exist warranting a waiver of the
statutory disqualification. The requirements of this By-Law are more
stringent than those applied to registered clearing agencies by the Act
or Commission rules because they require the Committee to (i) make
specific findings of ``special circumstances'' before recommending
membership approval and (ii) address statutory disqualifications of
associated persons. The By-Laws therefore impose additional
administrative burdens on OCC that are not required under any

statute or rule administered by the Commission.
    Neither Article V of the By-Laws nor OCC's Rules currently contain
procedures for notice to OCC that an Applicant or Clearing Member is
subject to a statutory disqualification, which provides insufficient
guidance to Applicants and Clearing Members and exposes OCC to the risk
that such notice may be given on a delayed basis. OCC's By-Laws and
Rules are also silent as to the procedures to be followed by a Clearing
Member when it becomes subject to a statutory disqualification even
though Rule 19h-1 requires a registered clearing agency to file a
notice if it intends to permit such a firm to remain a Clearing Member.
    As a registered derivatives clearing organization (``DCO''), OCC is
also subject to the jurisdiction of the Commodity Futures Trading
Commission (``CFTC''). OCC's By-Laws also address statutory
disqualification under Section 8a(2)-(4) of the Commodity Exchange Act
(``CEA''), which allows the CFTC to refuse to register or to suspend
the registration of futures commission merchants and other entities
required to register under the CEA. Neither the CEA nor the CFTC's
regulations require DCOs to file a notice similar to that required by
Rule 19h-1, and OCC therefore is not proposing to amend Article V or
the Rules to specifically address statutory disqualifications under the
CEA other than to clarify that if a principal of a futures commission
merchant is subject to a statutory disqualification, the Membership/
Risk Committee has discretion to not recommend the approval of such
futures commission merchant's application for membership pursuant to
Section 8a(2) of the CEA or to determine not to permit such a futures
commission merchant to continue in Clearing Membership.
    In addition to being consistent with the Commission's regulations,
OCC's Fitness Standards, as described above, were constructed in part
to comply with core principles (``Core Principles'') applicable to DCOs
as these core principles were amended by the Dodd-Frank Wall Street
Reform and Consumer Protection Act and as are set forth in the CEA. The
Fitness Standards establish certain minimum fitness criteria for
directors, Clearing Members, and their affiliates sufficient to comply
with Core Principle O as set forth in the CEA.\5\ However, the Fitness
Standards were also drafted to conform to OCC's existing qualification
standards for Clearing Members, which standards OCC is now proposing to
revise. Accordingly, OCC proposes to amend the Fitness Standards to
conform them to the proposed amendments to the qualification standards
for Applicants and Clearing Members in OCC's By-Laws.
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    \5\ Commodity Exchange Act Section 5b(c)(2)(O); 7 U.S.C. 7a-
1(c)(2)(O).
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Proposed By-Law Changes
    Article V (Clearing Members) sets forth the qualifications for
Clearing Members. OCC proposes to amend the current Article V
provisions addressing statutory disqualifications to eliminate
provisions that require unnecessary Committee action and to add
provisions designed to ensure that OCC receives appropriate notice of a
statutory disqualification in order to discharge its obligations as an
SRO. The proposed amendments are generally based on similar rules of
the National Securities Clearing Corporation and the Chicago Board
Options Exchange. OCC proposes to amend Article V, Section 1,
Interpretation and Policy .03 (Experience and Competence) to:
    1. Eliminate the requirement that the Committee must find ``special
circumstances'' warranting the waiver of a statutory disqualification
in order to recommend an Applicant's approval for clearing membership
providing instead that the Committee may in its discretion consider a
statutory disqualification in determining whether or not to recommend
approval.
    2. Eliminate the requirement that the Committee address the status
of associated persons who are subject to statutory disqualifications.
    3. Establish procedures requiring Clearing Members and Applicants
to provide notice of a statutory disqualification.
    4. Eliminate the second paragraph of subsection c. The definition
of statutory disqualification in subsection a. includes the conduct
covered by Section 15(b)(4)(B) of the Act, making the second paragraph
of subsection c. redundant.
    OCC proposes to amend Chapter II and Chapter XII of its Rules to:
    1. Establish procedures applicable to Clearing Members who are or
become subject to a statutory disqualification to provide that: (i) OCC
has the discretion not to permit any such Clearing Member to continue
in Clearing Membership, (ii) such Clearing Member must notify OCC of
any statutory disqualification and may seek to continue in Clearing
Membership, (iii) a failure to notify OCC of a statutory
disqualification may be deemed a violation of OCC's rules, (iv) OCC may
convene a Disciplinary Committee to conduct a hearing concerning a
Clearing Member's statutory disqualification, (v) OCC has discretion to
waive such provisions if another self-regulatory organization is
conducting a proceeding addressing a Clearing Member's statutory
disqualification with respect to the same matter, and (vi) OCC has
discretion to waive the hearing provisions if OCC intends to grant the
Clearing Member's application to continue in Clearing Membership in
certain circumstances.
    2. Add Interpretation and Policy .01 to Rule 1201 in order to
clarify that a decision to suspend or expel a Clearing Member after a
disciplinary proceeding under Chapter XII of the Rules would be grounds
for summary suspension under Chapter XI of the Rules.
    OCC also proposes to amend its Fitness Standards to conform them to
the proposed amendments to OCC's By-Laws.
    OCC believes that the proposed changes to its By-Laws are
consistent with the purposes and requirements of Section 17A of the Act
\6\ and the rules and regulations thereunder applicable to OCC because
they are designed to more closely align OCC's By-Laws and Rules with
applicable regulatory requirements, establish standard notification and
other procedures, provide Clearing Members with guidance as to OCC's
policies regarding statutory disqualifications, facilitate the timely
filing of notices pursuant to Rule 19h-1 should OCC determine to admit
to membership or continue in membership any person subject to a
statutory disqualification and are not designed to permit unfair
discrimination in the admission of participants or among participants
in the use of OCC. The proposed rule change is not inconsistent with
any rules of OCC.
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    \6\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC believes that the proposed rule change will not 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 relating to the proposed rule change have not been
solicited or received. OCC will notify the Commission of any written
comments received by OCC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) by order approve or disapprove the 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 email to<EMAIL_ADDRESS>Please include File Number
SR-OCC-2012-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2012-03. 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 Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings will also be available for
inspection and copying at the principal office of OCC and on OCC's Web
site at http://www.optionsclearing.com/components/docs/legal/rules_and_bylaws/sr_occ_12_03.pdf.
    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-OCC-2012-03
and should be submitted on or before April 25, 2012.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-8035 Filed 4-3-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 19, 2010 (Volume 75, Number 33)]
[Notices]
[Page 7475-7477]
[DOCID:fr19fe10-70]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003--0064, FRL-9113-9; EPA ICR 1287.10, OMB Control Number
2040-0101]

Agency Information Collection Activity; Proposed Collection;
Comment Request; Information Collection Request for Application for
Sustainable Water Leadership Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to update an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). Before
submitting the ICR to OMB for review and approval, EPA is soliciting
comments on specific aspects of the proposed information collection as
described below.

DATES: Comments must be submitted on or before April 20, 2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OW-2003-0064, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>(Identify Docket ID number EPA-
HQ-OW-2003-0064, in the subject line)
     Mail: Water Docket, Environmental Protection Agency,
Mailcode: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include a total of three copies.
     Hand Delivery: EPA Docket Center, EPA West, Room 3334,
1301 Constitution Avenue, NW., Washington, DC. 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 identified by the Docket ID
number EPA-HQ-OW-2003-0064. 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 http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Gregory Gwaltney, Municipal Support
Division, Office of Wastewater Management, OWM Mail Code: 4204M,
Environmental Protection Agency, Room 7111--EPA East, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for the ICR identified in this
document (ID number EPA-HQ-OW-2003-0064), which is available for online
viewing at http://www.regulations.gov, or in person viewing at the
Water Docket in the EPA Docket Center (EPA/DC), EPA West,

Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Water Docket is
202- 566-2426.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of technical information/data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply To?

    Affected entities: Entities potentially affected by this action are
publicly or privately owned wastewater treatment plants or systems,
community drinking water plants or systems, managed decentralized
systems (public or private), municipally-owned stormwater systems, and
municipalities.
    Title: Application for Sustainable Water Leadership Program
(formerly named the Annual National Clean Water Act Recognition Awards
Program).
    ICR numbers: EPA ICR No. 1287.10 OMB Control No. 2040-0101.
    ICR status: This ICR is currently scheduled to expire on February
28, 2011. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR Part 9, and displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR Part 9.
    Abstract: This notice requests approval for modifications to the
application used to collect data for EPA's National Clean Water Act
Recognition Awards Program. The voluntary Program has been updated to
reflect new industry practices consistent with EPA's sustainable
infrastructure initiatives and is now called the Sustainable Water
Leadership Program. The Sustainable Water Leadership Program maintains
elements from the previous Clean Water Act Recognition Awards Program,
namely, excellence in operations and maintenance, biosolids, combined
sewer overflows, pretreatment, and storm water management, and also
expands eligibility to community drinking water utilities and systems,
as well as managed decentralized treatment systems (public or private).
As described below, the development of the Sustainable Water Leadership
Program is the latest evolution in EPA's commitment to recognize and
award outstanding and innovative utility management practices.
    In 1985, EPA established the Operations and Maintenance (O&M)
awards program to provide a positive incentive for compliance with the
National Pollutant Discharge Elimination System (NPDES). Because of the
successes of the O&M Awards program, in 1988 EPA amended the Clean
Water Act Recognition Awards Program to include the Beneficial
Biosolids Use awards (formerly Sludge awards). In 1989, the
Pretreatment awards were added. In 1990, EPA established the Combined
Sewer Overflow (CSO) and Storm Water (SW) Management awards programs
which were also added to the Clean Water Act Recognition Awards
Program.
    The Sustainable Water Leadership Program consists of two
components: (1) A recognition program that recognizes applicants that
are moving toward sustainable operations and meet specified criteria
identified in the application, and (2) A competitive awards program to
showcase the ``best of the best'' in a specific topic area selected in
advance by EPA. Today's notice and request focuses on the recognition
component, the awards component is still under development. An update
to this ICR will be provided following finalization of the awards
component. The recognition component requires that an applicant meet
criteria under specific categories. One category is mandatory for all
applicants, Effective Utility Management, and is based on the
Attributes of Effectively Managed Systems that EPA and the water sector
have endorsed. In addition, applicants are asked to describe activities
in other areas of their choice including: biosolids, pretreatment,
decentralized systems, energy management, water efficiency, climate
change adaptation and or mitigation, and watershed approaches,
including source water protection and storm water.
    The updated application addresses the recognition component of the
Sustainable Water Leadership Program and provides the mechanism for the
applicants to demonstrate how they meet the required criteria.
    This notice also requests approval to consolidate the pretreatment
component of the recognition awards program into this ICR. Currently,
the Pretreatment awards program is covered by ICR (OMB Control No.
2040-0009, EPA ICR No.

0002.14), approved through December 31, 2011. A framework to implement
the awards recognition program is at 40 CFR part 105.
    The respondent will read the instructions for completing the
recognition application for the Sustainable Water Leadership Program.
The respondent will use existing files, planning and progress reports,
and institutional memory to complete the application. Based on the
instructions provided with the application, the respondent will compile
the requested information. The requested design and operating
information should be readily available from wastewater/drinking water/
storm water treatment facility, or pollution abatement program
operating records. The data collection may include flow, permit,
operating and environmental data.
    The information collection will be used by the Office of Water,
Office of Wastewater Management, to evaluate and determine if required
criteria are met for recognition. Based on the collection, national
panels will evaluate the applicant's efforts and recommend finalists.
Recognized entities will receive a letter and certificate signed by the
EPA Administrator or Assistant Administrator for Water, their utility
name on EPA and outside organization Web sites, and announcements of
their recognition at national conferences. EPA Regions may also opt to
hold Regional ceremonies.
    Burden Statement: The total number of respondents for the
recognition program is estimated to be 2,036 (includes 530 respondents
in Year 1 of the Program and 1,507 in Year 3) with a total annual
average of 679. The responses are collected every other year. The
respondents reporting burden of 20 person hours per response is
estimated to be 40,723 hours and a cost of $1.8 million. Total
estimated annual burden for this collection is 13,574 hours and
$614,919 (all labor cost). For additional details on the estimated
burden, please see docket ID number EPA-HQ-OW-2003-0064. Burden means
the total time, effort, or financial resources expended by persons to
generate, maintain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and use technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose information. The ICR provides a detailed explanation of the
Agency's estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 679.
    Frequency of response: Biennial
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 13,574 hours.
    Estimated total annual costs: $614,919. This includes an estimated
burden cost of $614,919 and an estimated cost of $0 for capital
investment or maintenance and operational costs.
    Changes in the Estimates: There is an increase of 12,414 hours in
the total estimated respondent burden compared with that identified in
the ICR currently approved by OMB. This change is primarily the result
of (1) changes and adjustments in the number and types of applicants
eligible for recognition under the Sustainable Water Leadership
Program. The new Sustainable Water Leadership Program expands the
universe of eligible entities to include community drinking water
utilities and systems, as well as managed decentralized treatment
systems (public or private). (2) EPA updated the estimated time spent
by respondents to complete the revised Recognition Application for
Sustainable Water Leadership Program to 20 hours per respondent. (3)
The ICR now includes the applicant respondent burden consolidated from
the Pretreatment ICR (OMB Control No. 2040-0009, EPA ICR No. 0002.14),
which was previous included in only the Pretreatment ICR and not this
ICR.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: February 4, 2010.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 2010-3254 Filed 2-18-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Notices]
[Pages 26031-26032]
[FR Doc No: 2015-10368]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0023; FRL-9926-68]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before June 5, 2015.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at  http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jennifer Mclain, Antimicrobials
Division (AD) (7510P), main telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>Susan Lewis, Registration Division (RD)
(7505P), main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>The mailing address for the contact person is:
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001. As part of the
mailing address, include the contact person's name, division, and mail
code. The division to contact is listed at the end of each application
summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications.
    1. File Symbol: 86297-E. Docket ID number: EPA-HQ-OPP-2015-0169.
Applicant: Dune Sciences, Inc, 1900 Millrace Dr. Eugene, OR 97403.
Product name: NSD20. Active ingredient: Materials preservative; silver
nanoparticles at 0.45%. Proposed classification/Use: various materials,
intermediate polymers, and coating solutions. Contact: AD.
    2. File Symbol: 524-AEG. Docket ID number: EPA-HQ-OPP-2015-0215.
Applicant: Monsanto Company, 1300 I Street NW., Suite 450 East,
Washington, DC 20005. Product name: Tioxazafen Technical (Wetcake).
Active ingredient: Seed Treatment Nematicide; Tioxazafen (MON 102100)
at 82.5%. Proposed Use: Corn, cotton, and soybeans. Contact: RD.
    3. File Symbol: 524-AEU. Docket ID number: EPA-HQ-OPP-2015-0215.
Applicant: Monsanto Company, 1300 I Street NW., Suite 450 East,
Washington, DC 20005. Product name: MON 102133 SC Nematicide Seed
Treatment. Active ingredient: Seed Treatment Nematicide; Tioxazafen
(MON 102100) at 45.9%. Proposed Use: Corn, cotton, and soybeans.
Contact: RD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: April 27, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-10368 Filed 5-5-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9559-9561]
[FR Doc No: 2016-03951]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77191; File No. SR-NASDAQ-2016-025]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Nasdaq Rule 5940 To Adopt Entry and Annual Fees for NextShares

February 19, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 11, 2016, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a 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 to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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

    Nasdaq is proposing to amend certain fees in Nasdaq Rule 5940 in
connection with listing a type of open-end management investment
company registered under the Investment Company Act of 1940, as amended
(``1940 Act''), called an exchange-traded managed fund
(``NextShares''). The shares are collectively referred to herein as
``NextShares.''
    The text of the proposed rule change is available at
nasdaq.cchwallstreet.com at Nasdaq principal office, and at 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, Nasdaq 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 those 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 parts 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 certain fees in Nasdaq Rule 5940
(entitled ``Exchange Traded Products'') associated with the listing of
NextShares.\3\ At the time of the Commission's approval of Nasdaq Rule
5745, Nasdaq did not specify fees applicable to NextShares. The
Exchange now proposes to amend Nasdaq Rule 5940 to adopt both the entry
fees and annual fees for NextShares.
---------------------------------------------------------------------------

    \3\ The Commission approved Nasdaq Rule 5745 in Securities
Exchange Act Release No. 34-73562 (Nov. 7, 2014), 79 FR 68309 (Nov.
14, 2014) (SR-NASDAQ-2014-020).
---------------------------------------------------------------------------

    Specifically, the proposed entry fee for when a company submits an
application for listing a series \4\ of NextShares under Nasdaq Rule
5745 will be $20,000 for the first series of NextShares (which will
include a $1,000 non-refundable application fee) and an additional
entry fee of $7,500 for each subsequent series of NextShares (which
will include a $1,000 non-refundable application fee).
---------------------------------------------------------------------------

    \4\ A series refers to each individual NextShares. For example,
assume an issuer launches four NextShares (e.g., a Large Cap
NextShares, a Large Cap Value NextShares, a Large Cap Growth
NextShares and a Small Cap NextShares). Under Nasdaq Rule 5940(a)(2)
as it is proposed to be amended, the issuer would pay a one-time
initial listing fee of $20,000 for the Large Cap NextShares since it
is the first series listed, and pay a separate $7,500 initial
listing fee for each of the Large Cap Value NextShares, Large Cap
Growth NextShares and Small Cap NextShares since they each would be
considered a subsequent series of NextShares.

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

    The proposed annual fee for the issuer of a series of NextShares
will be paid for each individual series of NextShares and calculated on
total shares outstanding for that specific series of NextShares. The
annual fee, which can vary from year to year based on the NextShares'
total shares outstanding, will be $6,500 for a series of NextShares
with up to 25 million shares; $15,000 for over 25 million to 100
million shares; and $25,000 for over 100 million shares.
    The Exchange intends to treat each series of NextShares
independently and in connection with the calculation of the proposed
annual fee, the Exchange will not aggregate the total shares
outstanding across different series \5\ from the same issuer or
sponsor.
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

    NextShares will have a distinct fee schedule for both entry and
annual fees because the costs Nasdaq incurs in support of NextShares is
greater than the costs the Exchange incurs with other exchange-traded
products (``ETPs''). The increased Nasdaq costs for NextShares, as
compared with other ETPs, that the higher entry fees are intended to
address, include the technological changes and the platform needed to
support the initial listing, launch, and trading of NextShares. The
Exchange also anticipates greater costs associated with the necessary
regulatory review and extra legal work associated with the launch of
each NextShares, which may include the preparation of filings under
Section 19(b) of the Exchange Act and initial work with each NextShares
licensee.
    The increased Nasdaq costs for NextShares, as compared with other
ETPs, that the higher annual fees are intended to address, include the
ongoing trading and continued support of NextShares by the Exchange.
This will require Nasdaq to expend greater resources than it currently
expends on other ETPs. Specifically, the Exchange believes that as a
result of supporting intra-day NAV-based trading, NextShares' will
require additional daily support that is more than what is currently
provided for traditional ETPs.
    Each series of NextShares has a different investment strategy and
strikes a unique net asset value (``NAV'') at the end of each trading
day and will require the calculation of a final exchange trading price
each day after the NAV is calculated. This involves supplementary
operational procedures that are specific to NextShares (e.g.,
generating two daily trade confirmations, converting intra-day proxy
price \6\ share trades that are recorded and stored intra-day by Nasdaq
to the NextShares' end-of-day NAV, and the determination of final trade
pricing). Nasdaq also anticipates an increase in time, effort and
expense in responding to trading and data inquiries from third party
vendors/counterparties, as compared with what it expends on other ETPs.
The Exchange also anticipates greater costs associated with the
necessary regulatory review and extra legal work associated with the
ongoing support of each NextShares.
---------------------------------------------------------------------------

    \6\ A NextShares next-determined NAV will be represented at the
beginning of each trading day by a proxy price of 100.00.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\7\ in general, and with
Sections 6(b)(4) and (5) of the Act,\8\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers and other persons using its
facilities, and does not unfairly discriminate between customers,
issuers, brokers or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the addition of an initial entry fee and
an annual fee in connection with each series of NextShares under
proposed Nasdaq Rule 5940 is consistent with Section 6(b)(4) of the Act
\9\ in that it provides for the equitable allocation of reasonable
dues, fees and other charges among members and issuers and other
persons using any facility or system that the Exchange operates or
controls.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Specifically, Nasdaq believes that although the proposed entry fee
of $20,000 for the first series \10\ of NextShares (which includes a
$1,000 non-refundable application fee) and the additional entry fees of
$7,500 for each subsequent series of NextShares (which includes a
$1,000 non-refundable application fee) are higher than the entry fee of
$5,000 (which includes a $1,000 non-refundable application fee) for
other ETPs, the proposed entry fees for NextShares are reasonable
because they will help offset the higher costs Nasdaq incurs in support
of NextShares as compared with the costs it incurs for other ETPs.
These higher costs include the technological changes and the platform
needed to support the initial listing, launch, and trading of
NextShares, as well as the greater costs that the Exchange anticipates
that will be associated with the necessary regulatory review and extra
legal work associated with the launch of each NextShares, which may
include the preparation of SEC filings and initial work with each
NextShares licensee.
---------------------------------------------------------------------------

    \10\ See footnote 4 above.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed entry fees are
equitable and not unfairly discriminatory because the Exchange assesses
the same entry fees uniformly and for all series of NextShares.
Additionally, Nasdaq believes that although the proposed entry fees are
higher than those for other ETPs for the reasons explained above, they
are equitable and not unfairly discriminatory.
    Nasdaq also believes that the proposed annual fee for the issuer of
a series of NextShares that will be paid for each individual series and
calculated on total shares outstanding for that specific NextShares is
reasonable because it will help offset the higher ongoing costs,
including regulatory, legal, surveillance, and operational costs to
monitor the listing of NextShares and that these costs are greater than
what is currently provided for other ETPs.
    These costs include the ongoing trading and continued support of
NextShares by the Exchange and will require Nasdaq to expend greater
resources than it currently expends on other ETPs. Specifically, the
Exchange believes that as a result of supporting intra-day NAV-based
trading, NextShares' will require additional daily support that is more
than what is currently provided for traditional ETPs. Additionally,
each series of NextShares has a different investment strategy and
strikes a unique NAV at the end of each trading day and will require
the calculation of a final exchange trading price each day after the
NAV is calculated. This involves supplementary operational procedures
that are specific to NextShares (e.g., generating two daily trade
confirmations, converting intra-day proxy price \11\ share trades that
are recorded and stored intra-day by Nasdaq to the NextShares' end-of-
day NAV and the determination of final trade pricing).
---------------------------------------------------------------------------

    \11\ A NextShares next-determined NAV will be represented at the
beginning of each trading day by a proxy price of 100.00.
---------------------------------------------------------------------------

    Nasdaq also anticipates an increase in time, effort and expense in
responding to trading and data inquiries from third party vendors/
counterparties, as compared with what it expends on other ETPs. The
Exchange also anticipates greater costs associated with the necessary
regulatory review and extra legal work associated with the ongoing
support of each NextShares.
    The Exchange will not aggregate the total shares outstanding across
different series of NextShares for purposes of the

proposed annual fee. This differs with the methodology used to
calculate the total shares outstanding for other ETPs, including
Portfolio Depository Receipts, Index Fund Shares, Managed Fund Shares,
or other security listed under the Rule 5700 Series where no other fee
schedule is specifically applicable listed on The Nasdaq Global Market.
The Exchange believes that although the proposed annual fees are higher
for NextShares than for other ETPs, for the reasons discussed above,
these fees are equitable and not unfairly discriminatory.
    For the above reasons, Nasdaq believes the proposed rule change is
consistent with the requirements of Sections 6(b)(4) and 6(b)(5) of the
Act.\12\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
believes that the proposed fees for this new exchange-traded product
will promote competition to the benefit of the markets and investors by
making NextShares available to investors at a reasonable cost across a
broad range of actively managed investment strategies in a structure
that offers the cost and tax efficiencies and shareholder protections
of exchange-traded funds. In order to remain competitive with other
exchanges that also develop and market new ETPs, Nasdaq scrutinizes its
fees closely before adopting such entry and annual fees.

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

    Written comments were neither solicited nor received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\13\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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-NASDAQ-2016-025 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-NASDAQ-2016-025. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal 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-NASDAQ-2016-
025, and should be submitted on or before March 17, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR Sec.  200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-03951 Filed 2-24-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 18, 2009 (Volume 74, Number 31)]
[Rules and Regulations]
[Page 7561-7562]
[DOCID:fr18fe09-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0661; Airspace Docket No. 08-AAL-19]

Establishment of Colored Federal Airways; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Colored Federal Airway Blue 7 (B-7),
in Alaska. This action adds to the Instrument Flight Rules (IFR) airway
and route structure in Alaska by providing IFR connectivity between
Cape Newenham, AK, and Bethel, AK. The FAA is taking this action to
enhance safety and improve the management of air traffic operations in
the State of Alaska.

DATES: Effective Dates: 0901 UTC, May 7, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On October 30, 2008, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Federal Airway B-7 in
Alaska (73 FR 64573). Interested parties were invited to participate in
this rulemaking effort by submitting written comments on this proposal.
No comments were received in response to the NPRM. Based on further
analysis of publication requirements the description of B-7 will be
reversed and listed from Cape Newenham to Oscarville instead of from
Oscarville to Cape Newenham. With the exception of editorial changes,
and the change described above, this amendment is the same as that
proposed in the NPRM.
    Colored Federal airways are published in paragraph 6009, of FAA
Order 7400.9S signed October 3, 2008, and effective October 31, 2008,
which is incorporated by reference in 14 CFR 71.1. The Colored Federal
airway listed in this document will be published subsequently in the
Order.6

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Colored Federal Airway B-7 between Cape
Newenham and Bethel, AK. This action adds to the IFR airway and route
structure in Alaska by providing IFR connectivity between Cape
Newenham, AK, and Bethel, AK. The FAA is proposing this action to
improve the management of air traffic operations in the State of Alaska
and to enhance safety.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it will enhance aviation safety in the state of Alaska.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Polices and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9S,
Airspace Designations and Reporting Points, signed October 3, 2008, and
effective October 31, 2008, is amended as follows:

Paragraph 6009(d) Blue Federal Airways.
* * * * *

B-7 [New]

From Cape Newenham, AK, NDB, to the Oscarville, AK, NDB.
* * * * *

    Issued in Washington, DC, on February 6, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-3239 Filed 2-17-09; 8:45 am]

BILLING CODE 4910-13-P


                             Supporting Statement
                                      for

 CERTIFICATES OF FINANCIAL RESPONSIBILITY UNDER THE OIL POLLUTION ACT OF 1990

                          OMB CONTROL NO.:  1625-0046
COLLECTION INSTRUMENTS:  Instruction, CG-5585, CG-5586, CG-5586-1, CG-5586-2, CG-5586-3, and CG-5586-4.

A. Justification.

 Circumstances that make the collection of information necessary.
This information collection is "reporting" in nature and is used by the Coast Guard's National Pollution Funds Center (NPFC) to establish compliance with 33 CFR 138.110, the Oil Pollution Act of 1990 (OPA, 33 U.S.C. § 2716), and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. § 9608).  This authority is delegated by the Secretary to the Coast Guard via the Department of Homeland Security Delegation No. 0170.1, Revision No. 01.2. (II)(82).

 By whom, how, and for what purpose the information is to be used.
The information collection requirements described in this supporting statement are necessary to provide evidence of a respondent's ability to pay for removal costs and damages associated with discharges or substantial threats of discharges of hazardous material or oil into the navigable waters, adjoining shorelines or the exclusive economic zone of the United States.  The requirements are imposed generally on operators and financial guarantors of tank vessels over 100 gross tons and all vessels over 300 gross tons.

 Consideration of the use of improved information technology.
Electronic submission of Certificates of Financial Responsibility (COFR) applications (form CG-5585) and electronic payment (credit cards) are now available using the Internet.  NPFC receives approximately 75% of this collection directly from insurers through our COFR mailbox. NPFC currently receives approximately an additional20% of this collection electronically through ECOFR, primarily from its United States' applicants.
The NPFC has automated this process as much as possible.  Using E-COFR first time COFR applicants use the electronic system, they must also mail the required signatures, but all subsequent transactions can be completed electronically.  The NPFC has researched using digital signatures to fully automate this process, but the current lack of technology and funding does not make this approach feasible.
In addition, NPFC has a small percentage of customers, particularly international and/or infrequent users, who prefer to submit paper forms.  The NPFC accepts electronic payment from major U.S. credit cards; international customers who do not hold these cards or any customers who prefer to use an alternative payment method would therefore need to submit paperwork authorizing payment.  It is easier for these customers to submit the entire application in paper rather than half in paper and half electronically.  Similarly, customers who expect to need only a one-time application may not find it expedient to go through the online enrollment process.
The NPFC has not automated any of the CG-5586 series of forms because it only receives approximately 10 of these forms annually.  Because of this low volume, it is not cost effective to automate these forms at this time.

 Efforts to identify duplication.  Why similar information cannot be used.
No other entity provides the service required.  NPFC is the only authority for the issuance of COFRs.

 Methods to minimize the burden to small businesses if involved.
This information collection does not have an impact on small businesses or other small entities.

 Consequences of the Federal program if collection were conducted less frequently.
If the collection is not conducted or is conducted less frequently, the NPFC could not ensure that the respondents could pay for removal costs and damages associated with an oil or hazardous substance incident, as is required by statute and regulation.

 Explain any special circumstances that would cause the information collection to be conducted in a manner inconsistent with 5 CFR 1320.5(d)(2).
 Respondents might be required to report information to the agency more often than quarterly if they desire a COFR more frequently.
 There is no requirement that respondents prepare a written response to a collection of information in fewer than 30 days after receipt of it.
 There is no requirement that respondents submit more than an original and two copies of any document.
 There is no requirement that respondents retain records other than health, medical, government contract, grant-in-aid, or tax records for more than 3 years.
 There is no statistical survey involved.
 There are no special circumstances that would cause an information collection to be conducted in a manner that includes a pledge of confidentiality that is not supported by the authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use.
 The only confidential information that may be required is company financial data, which would be submitted if the respondent chooses to obtain a COFR by means of self-insurance or financial guaranty method.  Should respondents not wish to disclose this information, they could use an alternative method to obtain a COFR (e.g., insurance from a commercial provider).
 Outside consultation for this collection effort.
   A 60-day Notice will be published in the Federal Register to obtain public comment on these collections.

 Explain any decision to provide any payment or gift to respondents.
There is no offer of monetary or material value for this information collection.

 Describe any assurance of confidentiality provided to respondents.
There are no assurances of confidentiality provided to the respondents for this information collection.  This information collection request is covered by the National Pollution Funds Center Pollution Response Funding, Liability, and Compensation System (NPFC PRFLACS) Privacy Impact Assessment (PIA) and Marine Information for Safety and Law Enforcement (MISLE) and Law Enforcement (ULE) System of Records Notice (SORN).  Links to the NPFC PRFLACS PIA and MISLE and ULE SORN are provided below:
 https://www.dhs.gov/sites/default/files/publications/privacy_pia_007_uscg_npfc_2009.pdf
 https://www.govinfo.gov/content/pkg/FR-2009-06-25/html/E9-14906.htm
 https://www.regulations.gov/document?D=DHS-2016-0074-0001

 Additional justification for any questions of a sensitive nature.
There are no questions of sensitive language.

 Estimates of reporting and recordkeeping hour and cost burdens of the collection of information.
This information collection utilizes six CG-forms that need to be completed by respondents. Initially all respondents need to complete Application for Vessel Certification of Financial Responsibility (CG-5585) and Insurance Guaranty Form (CG-5586), then every year respondents may complete varies supplementary form.
Types of respondents are:
 Vessel operators:
 New applicants that do not self insure need only to complete the CG-5585
 The approximately 900 United States operators and 9,000 foreign operators must renew their COFRs every 3 years.  Therefore, for the purposes of this information collection budget, we have assumed that a third of them renew each year.
 Financial Guarantors
 Only one applicable GC-5586 is completed by either a guarantor, self insurer and insurer per operator.
 The almost 100 guarantors, including self-insurers, must submit required affidavits and financial documentation every year to maintain approval to provide acceptable evidence of financial responsibility.

                                                                  Annual Burden

Number of Respondents
Operator Respondents
                                                                          3,300

Financial Guarantor Respondents
                                                                            100

Burden
Reporting Hours per Response
                                                                              1

Recordkeeping Hours per Response
                                                                              0

Hour Burden
                                                                          3,400

Cost (assuming $26.04 per hour)
                                                                        $88,500

Total Burden Hours (Year 2 and Beyond)
                                                                          3,400
Total Cost (Year 1 Only)
                                                                       $348,900
Total Cost (Year 2 and Beyond)
                                                                        $88,500
 Estimates of annualized capital and start-up costs.
There are no record keeping, capital, start-up or maintenance costs associated with this information collection.

 Cost to Federal Government.
Five Marine Insurance Examiners, most of which are GS-13, spend about 40% of their time on this information collection.
Number of Marine Insurance Examiners
                                                                              5
Annual Hours per Examiner
                                                                            768
Cost (assuming $66 per hour) per Examiner
                                                                        $50,688
Total Annual Government Cost Burden
                                                                      $ 253,440

 Explain the reasons for the change in burden.
   There is no change to the burden estimate.  The reporting requirements, and the methodology for calculating burden, remain unchanged.

 For collections of information whose results are planned to be published for statistical use, outline plans for tabulation, statistical analysis and publication.
This information collection will not be published for statistical purposes.  The NPFC provides a public search function on its COFR Web site on approved vessel COFRs. The Web site is automatically updated daily from the COFR database, which NPFC maintains through this information collection.

In addition, NPFC posts graphs and tables on various types of insurers and methods of financial responsibility on its COFR Web site.  These are generated from its COFR database and posted on a monthly basis.

 Explain the reasons for seeking not to display the expiration date for OMB approval of the information of collection.
USCG will not display the expiration date on the forms, due to the fact that the forms that are generated through our ECOFR system require programming changes to update the dates. The programming can take time to be accomplished by OSC.

 Explain each exception to the certification statement.
USCG does not request an exception to the certification of this information collection.

B.  Collection of Information Employing Statistical Methods.

This information collection does not employ statistical methods.


[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Notices]
[Pages 29986-29987]
[FR Doc No: 2022-10511]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94896/May 11, 2022]

Data Collection Initiation Date and Contingent Phase-In
Termination Date for the De Minimis Notional Thresholds of Security-
Based Swap Dealing

AGENCY: Securities and Exchange Commission.

ACTION: Commission announcement.

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

SUMMARY: The definition of ``security-based swap dealer'' is subject to
a de minimis exception whereby a person is deemed not to be a security-
based swap dealer as a result of security-based swap dealing activity
that falls below certain de minimis thresholds. These de minimis
thresholds are subject to temporarily higher, phase-in levels of
security-based swap dealing activity that will be in effect until the
``phase-in termination date.'' The phase-in termination date will be
determined in part by reference to a ``data collection initiation
date.'' The Commission is making this announcement to confirm that the
data collection initiation date was November 8, 2021, and, absent
additional Commission action, the phase-in termination date shall be
November 8, 2026.

DATES: The data collection initiation date referenced in 17 CFR
240.3a71-2 and 240.3a71-2A, was November 8, 2021. Absent additional
action by the Commission pursuant to 17 CFR 240.3a71-2(a)(2)(ii)(A),
the phase-in termination date will be November 8, 2026.

FOR FURTHER INFORMATION CONTACT: Carol McGee, Assistant Director, Laura
Compton, Senior Special Counsel, Office of Derivatives Policy, Division
of Trading and Markets, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: For purposes of this announcement, the
Commission uses the following terms:

------------------------------------------------------------------------
          Commission reference                CFR citation (17 CFR)
------------------------------------------------------------------------
Securities Exchange Act of 1934 \1\
 (``Exchange Act''):
    Rule 3a71-2........................  Sec.   240.3a71-2.
    Rule 3a71-2(a).....................  Sec.   240.3a71-2(a).
    Rule 3a71-2(a)(1)(i)...............  Sec.   240.3a71-2(a)(1)(i).
    Rule 3a71-2(a)(1)(ii)..............  Sec.   240.3a71-2(a)(1)(ii).
    Rule 3a71-2(a)(2)(i)...............  Sec.   240.3a71-2(a)(2)(i).
    Rule 3a71-2(a)(2)(ii)(A)...........  Sec.   240.3a71-2(a)(2)(ii)(A).
    Rule 3a71-2(a)(2)(ii)(B)...........  Sec.   240.3a71-2(a)(2)(ii)(B).
    Rule 3a71-2(a)(2)(iii).............  Sec.   240.3a71-2(a)(2)(iii).
    Rule 3a71-2A.......................  Sec.   240.3a71-2A.
    Rule 3a71-2A(a)(1).................  Sec.   240.3a71-2A(a)(1).
    Rule 3a71-2A(b) through (c)........  Sec.  Sec.   240.3a71-2A(b)
                                          through (c).
    Rule 3a71-2A note..................  Sec.   240.3a71-2A note.
    Regulation SBSR....................  Sec.  Sec.   242.900 through
                                          242.909.
------------------------------------------------------------------------

Background
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78a et seq.
---------------------------------------------------------------------------

    Section 3(a)(71) of the Exchange Act \2\ defines the term
``security-based swap dealer'' (``SBSD'') and provides in relevant part
that a person shall be deemed not to be an SBSD as a result of
security-based swap dealing activity that falls below certain de
minimis thresholds.\3\ In 2012, the Commission adopted Exchange Act
Rule 3a71-2(a), which provides that to qualify for this de minimis
exception, all security-based swap positions connected with the
person's and its affiliates' dealing activity over the immediately
preceding twelve months must fall below three separate thresholds.\4\
Two of the thresholds are subject to temporarily higher, phase-in
levels of aggregate gross notional amounts of de minimis security-based
swap dealing activity.\5\ For credit default swaps that are security-
based swaps, the de minimis threshold is an aggregate gross notional

amount of no more than $3 billion, subject to a phase-in level of an
aggregate gross notional amount of no more than $8 billion.\6\ For
security-based swaps that are not credit default swaps, the de minimis
threshold is an aggregate gross notional amount of no more than $150
million, subject to a phase-in level of an aggregate gross notional
amount of no more than $400 million.\7\
---------------------------------------------------------------------------

    \2\ 15 U.S.C. 78c(a)(71).
    \3\ See Exchange Act Section 3(a)(71)(D).
    \4\ See Exchange Act Rule 3a71-2(a); Further Definition of
``Swap Dealer,'' ``Security-Based Swap Dealer,'' ``Major Swap
Participant,'' ``Major Security-Based Swap Participant'' and
``Eligible Contract Participant,'' Release No. 34-66868 (Apr. 27,
2012) [77 FR 30596, 30727 (May 23, 2012)].
    \5\ The higher phase-in levels of de minimis security-based swap
dealing activity are not available to the extent that a person
engages in security-based swap dealing activity with counterparties
that are natural persons, other than natural persons who qualify as
eligible contract participants by virtue of section
1a(18)(A)(xi)(II) of the Commodity Exchange Act, 7 U.S.C.
1a(18)(A)(xi)(II). See Exchange Act Rule 3a71-2(a)(2)(i).
    \6\ Exchange Act Rule 3a71-2(a)(1)(i).
    \7\ Exchange Act Rule 3a71-2(a)(1)(ii).
---------------------------------------------------------------------------

    The phase-in period for these de minimis security-based swap
dealing activity thresholds is available until the ``phase-in
termination date.'' \8\ The phase-in termination date, in turn, depends
in part on the ``data collection initiation date'' established pursuant
to Exchange Act Rule 3a71-2(a)(2)(iii). That rule provides that the
data collection initiation date was the later of (1) the last
compliance date for the registration and regulatory requirements for
SBSDs and major security-based swap participants under Exchange Act
Section 15F,\9\ and (2) the first date on which compliance with the
trade-by-trade reporting rules for credit-related and equity-related
security-based swaps to a registered security-based swap data
repository is required. With respect to the first prong of Exchange Act
Rule 3a71-2(a)(2)(iii), the compliance date for registration and
regulatory requirements for SBSDs and major security-based swap
participants under Exchange Act Section 15F was October 6, 2021.\10\
With respect to the second prong of Exchange Act Rule 3a71-
2(a)(2)(iii), on May 7, 2021, DTCC Data Repository registered with the
Commission, which definitively set November 8, 2021, as the first
compliance date for Regulation SBSR's requirements regarding reporting
of credit-related and equity-related security-based swaps.\11\ Pursuant
to Exchange Act Rule 3a71-2(a)(2)(iii), the data collection initiation
date thus was November 8, 2021.
---------------------------------------------------------------------------

    \8\ Exchange Act Rule 3a71-2(a)(2)(i).
    \9\ 15 U.S.C. 78o-10.
    \10\ See Cross-Border Application of Certain Security-Based Swap
Requirements, Release No. 34-87780 (Dec. 18, 2019) [85 FR 6270, 6345
(Feb. 4, 2020)] (``Cross-Border Amendments Release''). In the Cross-
Border Amendments Release, the Commission set the compliance date
for registration and regulatory requirements for SBSDs and major
security-based swap participants as 18 months after the effective
date described therein; that effective date was 60 days after
publication of the Cross-Border Amendments Release in the Federal
Register. The Cross-Border Amendments Release was published in the
Federal Register on Feb. 4, 2020; 60 days after that date was Apr.
6, 2020. Eighteen months after Apr. 6, 2020, was Oct. 6, 2021.
    \11\ The first compliance date for Regulation SBSR with respect
to a security-based swap asset class was the first Monday that was
the later of: (1) Six months after the date on which the first
security-based swap data repository that can accept transaction
reports in that asset class registers with the Commission; or (2)
one month after the compliance date for registration and regulatory
requirements for SBSDs and major security-based swap participants.
See Cross-Border Amendments Release, 85 FR 6346. DTCC Data
Repository (U.S.), LLC registered as a security-based swap data
repository for credit and equity asset classes (i.e., the asset
classes referenced in Exchange Act Rule 3a71-2(a)(2)(iii)) on May 7,
2021. See Security-Based Swap Data Repositories; DTCC Data
Repository (U.S.), LLC; Order Approving Application for Registration
as a Security-Based Swap Data Repository, Release No. 34-91798 (May
7, 2021) [86 FR 26115 (May 12, 2021)]. Nov. 8, 2021, was both the
first Monday that was six months after May 7, 2021, and the first
Monday that was one month after the Oct. 6, 2021, compliance date
for registration and regulatory requirements for SBSDs and major
security-based swap participants. See also SEC Approves Registration
of First Security-Based Swap Data Repository; Sets the First
Compliance Date for Regulation SBSR, Press Release No. 2021-80 (May
7, 2021), available at https://www.sec.gov/news/press-release/2021-80 (``Today's SEC action sets Nov. 8, 2021, as the first compliance
date for Regulation SBSR, which governs regulatory reporting and
public dissemination of security-based swap transactions.'').
---------------------------------------------------------------------------

    The phase-in termination date is determined through a separate
mechanism that depends in part on the data collection initiation date
and also, as explained below, in part upon the timing of a Commission
staff report addressing the rules and interpretations further defining
the Exchange Act's definition of the term ``security-based swap
dealer,'' including the de minimis exception to that definition.\12\
The report must be published in the Federal Register for public comment
no later than three years following the data collection initiation
date, or November 8, 2024, and could be published earlier.\13\ Nine
months after the publication of the report, the Commission may by order
either terminate the phase-in period for the de minimis thresholds or
provide notice of its determination that it is necessary or appropriate
in the public interest to propose through rulemaking an alternative to
the $3 billion and $150 million de minimis thresholds. The Commission's
order in either case shall establish the phase-in termination date.\14\
Alternatively, if the phase-in termination date has not been previously
established in such an order, the phase-in termination date shall be
five years after the data collection initiation date,\15\ or November
8, 2026.
---------------------------------------------------------------------------

    \12\ See Exchange Act Rule 3a71-2A note. As appropriate, based
on the availability of data and information, the report generally
should assess whether any of the de minimis thresholds should be
increased or decreased. See Exchange Act Rule 3a71-2A(a)(1). The
Commission intends to consider this report in reviewing the effect
and application of the de minimis thresholds based on the evolution
of the security-based swap market following the implementation of
the registration and regulatory requirements of Exchange Act Section
15F; the report may also be informative as to potential changes to
the rules further defining the term ``security-based swap dealer.''
See Exchange Act Rule 3a71-2A note. The Commission directed staff
also to report on the rules and interpretations further defining the
Exchange Act's definition of the term ``major security-based swap
participant,'' to which the de minimis thresholds in Exchange Act
Rule 3a71-2 do not apply.
    \13\ See Exchange Act Rule 3a71-2A(b) through (c).
    \14\ See Exchange Act Rule 3a71-2(a)(2)(ii)(A).
    \15\ Exchange Act Rule 3a71-2(a)(2)(ii)(B).
---------------------------------------------------------------------------

Commission Announcement

    The data collection initiation date referenced in Exchange Act
Rules 3a71-2 and 3a71-2A was November 8, 2021. Absent additional
Commission action establishing the phase-in termination date pursuant
to Exchange Act Rule 3a71-2(a)(2)(ii)(A), the phase-in termination date
shall be November 8, 2026.

    By the Commission.

    Dated: May 11, 2022.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2022-10511 Filed 5-16-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55304-55305]
[FR Doc No: 2019-22520]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP20-45-000.

    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Keyspan
510369 to BUG 799989 eff 11-1-19 to be effective 11/1/2019.
    Filed Date: 10/7/19.
    Accession Number: 20191007-5099.
    Comments Due: 5 p.m. ET 10/21/19.

    Docket Numbers: RP20-46-000.
    Applicants: Peninsula Energy Services Company Inc, NJR Energy
Services Company.
    Description: Joint Petition for Temporary Waiver of Commission
Policies, Capacity Release Regulations and Policies, et al. of
Peninsula Energy Services Company Inc., et al. under RP20-46.
    Filed Date: 10/7/19.
    Accession Number: 20191007-5152.
    Comments Due: 5 p.m. ET 10/15/19.

    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: October 8, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22520 Filed 10-15-19; 8:45 am]
 BILLING CODE 6717-01-P