[Federal Register: August 24, 2009 (Volume 74, Number 162)]
[Notices]
[Page 42663]
[DOCID:fr24au09-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3701-091]

Tieton Hydropower, LLC; Southern California Public Power
Authority; Notice of Application for Transfer of License, and
Soliciting Comments and Motions To Intervene

August 14, 2009.
    On August 7, 2009, Tieton Hydropower, LLC (transferor) and Southern
California Public Power Authority (transferee) filed an application for
transfer of license of the Tieton Dam Project, located on the Tieton
River in Yakima County, Washington.
    Applicants seek Commission approval to transfer the license for the
Tieton Dam from the transferors to the transferees.
    Applicant Contact: Transferor: Mr. Chad Ross, Tieton Hydropower,
LLC, 925 Fairgrounds Road, Goldendale, WA 98620, Phone<PHONE_NUMBER>.
Transferee: Mr. Richard M. Helgeson, Southern California Public Power
Authority, 225 South Lake Avenue, Suite 1410, Pasadena, CA 91101, phone
(626) 793-9364.
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    Deadline for filing comments and motions to intervene: 30 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii)(2008) and the instructions on the Commission's Web
site under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the eLibrary link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-3701-
091) in the docket number field to access the document. For assistance,
call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-20238 Filed 8-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Page 58398]
[FR Doc No: 2019-23845]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4459-DR; Docket ID FEMA-2019-0001]

Wisconsin; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Wisconsin (FEMA-4459-DR), dated August 27, 2019, and
related determinations.

DATES: This amendment was issued October 17, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Wisconsin is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 27, 2019.

    Marinette County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-23845 Filed 10-30-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16425-16426]
[FR Doc No: 2011-6622]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0028]

Guidance for Industry and Food and Drug Administration Staff;
Class II Special Controls Guidance Document: Ovarian Adnexal Mass
Assessment Score Test System; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the special controls guidance entitled ``Class II
Special Controls Guidance Document: Ovarian Adnexal Mass Assessment
Score Test System.'' This guidance document describes a means by which
the ovarian adnexal mass assessment score test system may comply with
the requirement of special controls for class II devices. Elsewhere in
this issue of the Federal Register, FDA is publishing a final rule to
classify these device types into class II (special controls). This

guidance document is immediately in effect as the special control for
the ovarian adnexal mass assessment score test system, but it remains
subject to comment in accordance with the agency's good guidance
practices (GGPs).

DATES: Submit written or electronic comments on this guidance at any
time. General comments on agency guidance documents are welcome at any
time.

ADDRESSES: Submit written requests for single copies of the guidance
document entitled ``Class II Special Controls Guidance Document:
Ovarian Adnexal Mass Assessment Score Test System'' to the Division of
Small Manufacturers, International, and Consumer Assistance, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, rm. 4613, Silver Spring, MD 20993-0002.
Send one self-addressed adhesive label to assist that office in
processing your request, or fax your request to<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for information on electronic access
to the guidance.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT:
Donna Roscoe, Center for Devices and Radiological Health, Food and Drug
Administration, Bldg., 66, rm. 5540, 10903 New Hampshire Ave., Silver
Spring, MD 20993,<PHONE_NUMBER>; or
Marina Kondratovich, Center for Devices and Radiological Health, Food
and Drug Administration, Bldg.66, rm. 5666, 10903 New Hampshire Ave.,
Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Elsewhere in this issue of the Federal Register, FDA is publishing
a final rule codifying the classification of the ovarian adnexal mass
assessment score test system into class II (special controls) under
section 513(f)(2) of the Federal Food, Drug, and Cosmetic Act (the FD&C
Act) (21 U.S.C. 360c(f)(2)). This guidance document will serve as the
special control for the ovarian adnexal mass assessment score test
system. Section 513(f)(2) of the FD&C Act provides that any person who
submits a premarket notification under section 510(k) of the FD&C Act
(21 U.S.C. 360(k)) for a device that has not previously been classified
may, within 30 days after receiving an order classifying the device in
class III under section 513(f)(1) of the FD&C Act, request FDA to
classify the device under the criteria set forth in section 513(a)(1).
FDA shall, within 60 days of receiving such a request, classify the
device by written order. This classification shall be the initial
classification of the device. Within 30 days after the issuance of an
order classifying the device, FDA must publish a notice in the Federal
Register announcing such classification. Under this authority, on
September 11, 2009, FDA by order classified into class II, subject to
this special control guidance document, the ovarian adnexal mass
assessment score test system. Because of the timeframes established by
section 513(f)(2) of the FD&C Act, FDA has determined, under Sec.
10.115(g)(2) (21 CFR 10.115(g)(2)), that it is not feasible to allow
for public participation before issuing this guidance as a final
guidance document. Therefore, FDA is issuing this guidance document as
a level 1 guidance document that is immediately in effect. FDA will
consider any comments that are received in response to this notice to
determine whether to amend the guidance document.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on the ovarian adnexal mass assessment score
test system. It does not create or confer any rights for or on any
person and does not operate to bind FDA or the public. An alternative
approach may be used if such approach satisfies the requirements of the
applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. A search capability for all CDRH guidance documents
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.regulations.gov. To receive
``Class II Special Controls Guidance Document: Ovarian Adnexal Mass
Assessment Score Test System,'' you may either send an e-mail request
to<EMAIL_ADDRESS>to receive an electronic copy of the document or
send a fax request to<PHONE_NUMBER> to receive a hard copy. Please use
the document number 1707 to identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 807 subpart E have been
approved under OMB control number 0910-0120; the collections of
information in 21 CFR part 801 and 21 CFR 809.10 have been approved
under OMB control number 0910-0485; the collections of information in
21 CFR part 820 have been approved under OMB control number 0910-0073;
and the collections of information in 21 CFR part 812 have been
approved under OMB control number 0910-0078.
    FDA concludes that labeling provisions for the Black Box
Restrictions of this guidance are not subject to review by the Office
of Management and Budget because they do not constitute a ``collection
of information'' under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520). Rather, the black box warning on all labeling, advertising,
and promotional materials for ovarian adnexal mass assessment score
test system devices is a ``public disclosure of information originally
supplied by the Federal Government to the recipient for the purpose of
disclosure to the public.'' (see 5 CFR 1320.3(c)(2)).

V. Comments

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

    Dated: March 16, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-6622 Filed 3-22-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Pages 17575-17576]
[FR Doc No: 2020-06576]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2016-0027; FRL-10005-13-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; On-Highway Motorcycle Certification and
Compliance Program (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), On-Highway Motorcycle
Certification and Compliance Program (ICR Number 2535.02, OMB Control
Number 2060-0710), to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act.
This is a proposed extension of the ICR, which is currently approved
through March 31, 2020. Public comments were previously requested via
the Federal Register on November 4, 2019 during a 60-day comment
period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before April 29,
2020.

ADDRESSES: Submit your comments, referencing Docket ID number EPA-HQ-
OAR-2016-0027, to (1) (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail
to: EPA Docket Center, Environmental Protection Agency, Mail Code
28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB
via email to<EMAIL_ADDRESS>Address comments to OMB Desk
Officer for EPA.

    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Julian Davis, Environmental Protection
Agency, 2000 Traverwood, Ann Arbor MI 48105; telephone number: (734)
214-4029; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Under the Clean Air Act (42 U.S.C. 7521 et seq.)
manufacturers and importers of on-highway motorcycles must have a
certificate of conformity issued by EPA covering any vehicle they
intend to offer for sale in the United States. A certificate of
conformity represents that the respective vehicle conforms to all
applicable emissions requirements. In issuing a certificate of
conformity, EPA reviews vehicle information and emissions test data to
determine if the required testing has been performed and the required
emissions levels have been demonstrated. After a certificate of
conformity has been issued, the Agency may request additional
information to verify that the product continues to meet its certified
emissions standards throughout its useful life. 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 40 CFR
are listed in 40 CFR part 9.
    Form Numbers: Highway Motorcycle HC+NOx Average Exhaust Emissions
Model Year Report (5900-339); Manufacturer Production Report for
Engine/Equipment Manufacturers--Heavy-Duty, Nonroad, and Highway
Motorcycles (5900-90); List of Emissions Related Components (5900-NEW);
Catalyst Information (5900-464).
    Respondents/Affected Entities: On-highway motorcycle manufacturers
and importers.
    Estimated Number of Respondents: 55.
    Frequency of Response: Quarterly and annually.
    Total estimated burden: 15,420 hours (per year).
    Total estimated cost: $741,499 (per year), includes $182,560
annualized operation & maintenance costs, $97,644 annualized capital/
startup costs.
    Changes in the estimates: These estimates reflect updated
assumptions about the number of manufacturers that will maintain their
own testing and certification facility. Since the previous ICR was
submitted, more manufacturers have been using contract test facilities
and utilizing carry over data to meet certification and compliance
requirements.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2020-06576 Filed 3-27-20; 8:45 am]
 BILLING CODE 6560-50-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 22, 2007

   NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2007-29323

________________________________________________________________________
_________________________________

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

Joint Application of   COMPASS AIRLINES, INC. (Compass) and NORTHWEST
AIRLINES, INC. (Northwest), filed 9/21/07, and amended October 11, 2007,
for:

XX  Exemption for Compass and Northwest for two years under 49 U.S.C.
40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between Detroit, Michigan, and Monterrey, Mexico.  The applicants state
that they will provide year-round service in the market pursuant to a
code-share arrangement, whereby the code of Northwest will be placed on
Compass’ flights in the market, beginning June 1, 2008.

Applicant rep: Alexander Van der Bellen<PHONE_NUMBER>  DOT Analyst:
Linda L. Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX	Granted (subject to conditions, see below)

The above action was effective when taken: October 22, 2007, through
October 22, 2009.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Mexico.

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

	XX  The holders’ certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.  Consistent with our standard policy, the dormancy
notice period will begin on June 1, 2008, the carriers’ proposed
start-up date for the subject services.  The exemption authority granted
to Northwest is limited to service provided on a code-share basis only.

- see next page -

Code-share operations conducted under this authorization are subject to
the following conditions:

The code-sharing operations conducted under this authority must comply
with 14 CFR 257 and with any amendment to the Department’s regulations
concerning code-share arrangements that may be adopted.  Notwithstanding
any provisions in the contract between the carriers, our approval here
is expressly conditioned upon the requirements that the subject foreign
air transportation be sold in the name of the carrier holding out such
service in computer reservation systems and elsewhere; that the carrier
selling such transportation (i.e., the carrier shown on the ticket)
accept responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected;
and

The authority granted here is specifically conditioned so that neither
Compass nor Northwest shall give any force or effect to any contractual
provisions between themselves that are contrary to these conditions.

Remarks:  We acted on this application without expiration of the 15-day
answer period to the amendment filed in this docket, with the consent of
all parties served with a copy of the application and the subsequent
amendment.

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicants qualified to provide
the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

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

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

  HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov

				APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

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

(6)  Comply with all applicable requirements of the Federal Aviation
Administration, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 49 CFR Part 1544.  To assure compliance with all
applicable U.S. Government requirements concerning security, the holder
shall, before commencing any new service (including charter flights) to
or from a foreign airport, contact its International Principal Security
Inspector (IPSI) to advise the IPSI of its plans and to find out whether
the Transportation Security Administration has determined that security
is adequate to allow such airport(s) to be served; and

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

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

11/06

   In the amendment, the carriers clarified that they were seeking
exemption authority for both Compass and Northwest for the
Detroit-Monterrey services.


                         Ammonia in San Joaquin Valley In January - February 2013, the DISCOVER-AQ (Deriving Information on Surface Conditions from Column and Vertically Resolved Observations Relevant to Air Quality) field campaign, launched by the National Aeronautics and Space Administration (NASA) took place in the SJV. During the field campaign, aircraft measurements of PM2.5 and its precursors, including ammonia were made in agricultural and urban areas of the SJV. The measurements clearly showed that there was excessive ammonia in the SJV that can fully neutralize nitric acids and sulfuric acids, implying that the formation of ammonium nitrate was limited by NOx emissions instead of ammonia emissions.  CMAQ air quality modeling simulation of the DISCOVER-AQ period indicated that the model has decent agreement with observation for ammonia at Fresno (Figure 1) and under predicted ammonia by a few factors near areas with significant ammonia emissions such as Porterville (Figure 2).  The extent of under prediction could potentially be made worse by the fact that model prediction was based on hourly average concentrations in 4kmx4km horizontal grid cells while aircraft recorded second by second measurements. However while ammonia was under-predicted in the model, it was found that there was generally enough modeled NH3 to fully neutralize modeled nitric acid and sulfate in the model, indicating that in the model ammonium nitrate formation was also limited by NOx emissions, despite that ammonia was under predicted by the model. The chemistry of ammonium nitrate formation also indicated when ammonia is in excess, under prediction of ammonia mixing ratios means model tends to over predict the sensitivity of ammonium nitrate formation to ammonia emission reduction.

Satellite measurements of infrared radiation allow for quantification of atmospheric ammonia (NH3). The IASI instrument, which is housed aboard European Space Agency's MetOP-A satellite, passes over California each day around 10:00 am local time, providing measurements of column-integrated NH3. The IASI measurements data processed by CARB are recorded in 12 x 12 km grid cells. In order for IASI data to be directly compared against NH3 column densities predicted by CMAQ, CMAQ outputs are first re-gridded from 4 km to the same 12 km grid used for IASI data, then filtered to only select grid cells that overlap in space-time with a valid IASI pixel. Figure 3 shows the annual average of column NH3 in 2017 from IASI and CMAQ and the model is biased low for column NH3 in the SJV. This bias is most noticeable in Tulare county, where both the model and satellite show a NH3 hotspot, but the model shows about half as much NH3 as the satellite. Taking the sum of all NH3 measured over the SJV, as in Figure 4, the model comes in about 25% lower than the satellite (248 versus 330 DU), implying that the model low-bias is present valley-wide.

Figure 1. Comparison of observed and modeled vertical distributions of ammonia at Fresno based on NASA P3B flight at 12pm and 14pm on Jan 20.

Figure 2. Comparison of observed and modeled vertical distributions of ammonia at Porterville based on NASA P3B flight at 10am and 12pm on Jan 20.

Figure 3. Maps of annual average NH3 from CMAQ (Model; left) IASI (Satellite; middle) and the percentage difference (DU, 1 DU = 2.69e16 molecules/cm[2]).

Figure 4. Barplot showing the sum of all grid cells in Figure 3.

Figure 5. Scatterplot of annual column NH3 in 2017 from satellite vs. CMAQ simulation


[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Page 94]
[FR Doc No: 2021-28385]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Statement of Organization, Functions, and Delegations of
Authority

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration's (FDA), Office of the
Commissioner (OC), Office of the Chief Scientist (OCS) has modified
their organizational structure. The new organizational structure was
approved by the Deputy Secretary of Health and Human Services and
effective on November 24, 2021.

FOR FURTHER INFORMATION CONTACT: Yashika Rahaman, Director, Office of
Planning, Evaluation and Risk Management, Office of Finance, Budget,
Acquisitions and Planning, FDA, 4041 Powder Mill Road, Beltsville, MD
20705-4304,<PHONE_NUMBER>.

I. Introduction

    Part D, Chapter D-B, (Food and Drug Administration), the Statement
of Organization, Functions and Delegations of Authority for the
Department of Health and Human Services (35 FR 3685, February 25, 1970,
60 FR 56606, November 9, 1995, 64 FR 36361, July 6, 1999, 72 FR 50112,
August 30, 2007, 74 FR 41713, August 18, 2009, 76 FR 45270, July 28,
2011, and 84 FR 22854, May 20, 2019) is revised to reflect the Food and
Drug Administration's reorganization of Office of the Chief Scientist.
    The FDA Office of the Commissioner, Office of the Chief Scientist
(OCS), is realigning the FDA Technology Transfer Program (FDATT), from
the Office of Regulatory Science and Innovation (ORSI), OCS, to the OCS
Immediate Office (OCS-IO). This realignment of the FDATT program and
resources intends to further enhance the effectiveness of FDA's
partnership programs by increasing the FDA-wide its efforts to (1)
facilitate the implementation of authorizing legislation for federal
technology transfer, (2) ensure compliance with relevant legal and
regulatory requirements, and (3) establish/maintain related policies
and processes. The realignment will also increase OCS's effectiveness
in driving regulatory science research through external partnerships
and would demonstrate FDA's commitment to strengthening its partnership
and collaboration capabilities, which are key contributors to
sustaining FDA's ability to see and be at the forefront of biomedical
advancements in carrying out its public health mission. Additionally,
OCS is abolishing the Division of Science Innovation & Critical Path
from its Office of Regulatory Science and Innovation (ORSI). ORSI's
programs have evolved away from the need for this division. This
proposed, formal abolishment of the division will serve as a corrective
action to align ORSI's organizational structure with its current
programmatic responsibilities that fulfill its functions. The Food and
Drug Administration's Office of the Chief Scientist has been
restructured as follows:
    DCCF. ORGANIZATION. The Office of the Chief Scientist is headed by
the FDA Chief Scientist, and includes the following:

Office of the Chief Scientist (DCP)
Advisory Committee Oversight and Management Staff (DCP1)
FDA Technology Transfer Program Staff (DCP2)
Office of Counter-Terrorism and Emerging Threats (DCPA)
Office of Laboratory Safety (DCPB)
Office of Regulatory Science and Innovation (DCPC)
Office of Scientific Integrity (DCPD)
Office of Scientific Professional Development (DCPE)
National Center for Toxicological Research (DCPF)

II. Delegations of Authority

    Pending further delegation, directives, or orders by the
Commissioner of Food and Drugs, all delegations and redelegations of
authority made to officials and employees of affected organizational
components will continue in them or their successors pending further
redelegations, provided they are consistent with this reorganization.

III. Electronic Access

    This reorganization is reflected in FDA's Staff Manual Guide (SMG).
Persons interested in seeing the complete Staff Manual Guide can find
it on FDA's website at: https://www.fda.gov/AboutFDA/ReportsManualsForms/StaffManualGuides/default.htm.
    Authority: 44 U.S.C. 3101.

    Dated: October 22, 2021.
Andrea Palm,
Deputy Secretary of Health and Human Services.
[FR Doc. 2021-28385 Filed 12-30-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Rules and Regulations]
[Pages 2324-2325]
[FR Doc No: 2022-00288]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0324; Airspace Docket No. 21-AGL-9]
RIN 2120-AA66

Amendment of V-37 and V-270; Removal of V-43 in the Vicinity of
Erie, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal
airways V-37 and V-270, and removes VOR Federal airway V-43, in the
vicinity of Erie, Pennsylvania. The airway amendments are necessary due
to the planned decommissioning of the VOR portion of the Erie, PA, VOR/
Tactical Air Navigation (VORTAC), which provides navigational guidance
for these airways. The Erie VOR is being decommissioned as part of the
FAA's VOR Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, March 24, 2022. 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 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://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:<PHONE_NUMBER>. FAA Order JO 7400.11F is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of FAA Order JO 7400.11F at NARA,
email: [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, 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 airway structure to preserve the safe and
efficient flow of air traffic within the National Airspace System.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0324, in the Federal Register (86 FR 24794, May 10, 2021)
amending V-37 and V-270, and removing V-43. The amendment and removal
actions are necessary due to the planned decommissioning of the Erie,
PA, VOR, as part of the VOR MON program. The FAA invited interested
parties to participate in this rulemaking effort by submitting written
comments on the proposal. No comments were received.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11F, dated August 10, 2021, and effective September 15, 2021,
which is incorporated by reference in 14 CFR 71.1. The airways listed
in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F 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 amending VOR Federal airways
V-37 and V-270, and removing VOR Federal airway V-43, in the vicinity
of Erie, PA. This action is required due to the planned decommissioning
of the VOR portion of the Erie, PA, VORTAC.
    The VOR Federal airway changes are described below.
    V-37: V-37 extends between the Craig, FL, VORTAC and the Erie, PA
VORTAC. This action removes the airway segment between the Ellwood
City, PA, VOR/DME and the Erie VORTAC. The unaffected portions of the
existing airway remain as charted. The resulting airway extends between
the Craig VORTAC and the Ellwood City VOR/DME.
    V-270: V-270 extends between the Erie, PA, VORTAC and the
Jamestown, NY, VOR/DME; and between the Elmira, NY, VOR/DME and the
Boston, MA, VOR/DME. This action removes the airway segment between the
Erie VORTAC and the Jamestown VOR/DME. The unaffected portions of the
existing airway remain as charted. The resulting airway extends between
the Elmira VOR/DME and the Boston VOR/DME.
    V-43: V-43 extends between the Youngstown, OH, VORTAC and the Erie,
PA, VORTAC. This action removes the airway in its entirety.
    All navigational aid radials in the VOR Federal airway description
listed below are unchanged and stated in True degrees.

    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 only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does 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 action of amending VOR Federal
airways V-37 and V-270, and removing VOR Federal airway V-43, due to
the planned decommissioning of the VOR portion of the Erie, PA, VORTAC
navigational aid, 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). 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
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-37 [Amended]

    From Craig, FL; Brunswick, GA; INT Brunswick 014[deg] and
Savannah, GA, 177[deg] radials; Savannah; Allendale, SC; Columbia,
SC; Charlotte, NC; Pulaski, VA; Elkins, WV; Clarksburg, WV; INT
Clarksburg 359[deg] and Ellwood City, PA, 185[deg] radials; to
Ellwood City.
* * * * *

V-43 [Removed]

* * * * *

V-270 [Amended]

    From Elmira, NY; Binghamton, NY; DeLancey, NY; Chester, MA; INT
Chester 091[deg] and Boston, MA, 262[deg] radials; to Boston.
* * * * *

    Issued in Washington, DC, on January 6, 2022.
Michael R. Beckles,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2022-00288 Filed 1-13-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Notices]
[Page 63500]
[DOCID:fr24oc08-103]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-1061]

Chemical Transportation Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Notice of meetings.

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SUMMARY: The Chemical Transportation Advisory Committee (CTAC), its
Subcommittees on Outreach, National Fire Protection Association (NFPA)
472 Standard, Hazardous Cargo Transportation Security (HCTS), and
International Maritime Solid Bulk Cargoes (IMSBC) Code; as well as its
Working Groups on Barge Emission and Hazard Communication and the
International Convention for the Prevention of Pollution from Ships
(MARPOL) Annex; will meet to discuss various issues relating to the
marine transportation of hazardous materials in bulk. These meetings
will be open to the public.

DATES: The Subcommittee on Outreach and NFPA 472 will meet on Tuesday,
November 18, 2008 from 9 a.m. to 10 a.m. The Subcommittee for HCTS will
meet on Tuesday, November 18, 2008 from 10 a.m. to 12 p.m. The MARPOL
Annex Working Group will meet on Tuesday, November 18, 2008 from 1 p.m.
to 3 p.m. The Working Group on Barge Emission and Hazard Communication
will meet on Tuesday, November 18, 2008, from 3 p.m. to 4 p.m. The
Subcommittee for IMSBC Code will meet on Tuesday, November 18, 2008,
from 9 a.m. to 5 p.m. CTAC will meet on Thursday, November 19, 2008,
from 9 a.m. to 3:30 p.m.

ADDRESSES: CTAC's Subcommittees and Working Groups will be meeting at
INEOS, 2600 South Shore Boulevard, League City, TX 77573. The CTAC
meeting will be at the South Shore Harbour Resort and Conference
Center, 2500 South Shore Blvd., League City, TX 77573. Send written
material and requests to make oral presentations to Commander Rick
Raksnis, Commandant (CG-5223), U.S. Coast Guard Headquarters, 2100
Second Street, SW., Washington, DC 20593-0001.

FOR FURTHER INFORMATION CONTACT: Commander Rick Raksnis, Designated
Federal Officer (DFO) of CTAC, or Sara Ju, Assistant to the DFO,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Agendas of Meetings

    Chemical Transportation Advisory Committee (CTAC). The agenda
includes the following:
    (1) Progress report from the Outreach Subcommittee and its Barge
Emission and Hazard Communication Working Group.
    (2) Status report on the HCTS Subcommittee.
    (3) Progress report on the IMSBC Code Subcommittee.
    (4) Status report on the MARPOL Annex Working Group.
    (5) Status report on the NFPA 472 Standard Subcommittee.
    (6) Presentation on Houston/Galveston Navigation Safety Advisory
Committee (HOGANSAC) and its Brown Water University.
    (7) Presentation on the response to the Vinyl Chloride Monomer
spill in Corpus Christi, TX.
    The Outreach Subcommittee and the Barge Emission and Hazard
Communication Working Group. The Subcommittee and the Working Group
will discuss outreach efforts especially aimed at barge owners and
operators regarding best practices for reducing hazardous emissions.
    The HCTS Subcommittee. The Subcommittee will discuss progress with
the Transportation Workers Identification Credentials (TWIC) program
and proposed Advanced Notice of Arrival (ANOA) regulatory changes.
    The IMSBC Code Subcommittee. The Subcommittee will discuss
harmonization of U.S. regulations with the IMSBC Code and SOLAS Chapter
VI, and incorporation of requirements and best practices for the safe
transport of solid bulk cargoes contained in Coast Guard policy,
guidelines, and previously issued special permits.
    The MARPOL Annex Working Group. The Working Group will review the
task statement and discuss improvements for the adequacy of port waste
reception facilities.
    The NFPA 472 Standards Subcommittee. The Subcommittee will review
the task statement and identify any outstanding items.

Procedural

    These meetings are open to the public. At the Chair's discretion,
members of the public may make oral presentations during these
meetings. If you would like to make an oral presentation at these
meetings, please notify the DFO no later than November 11, 2008.
Written material for distribution at these meetings should reach the
Coast Guard no later than November 11, 2008. If you would like a copy
of your material distributed to each member of the committee in advance
of these meetings, please submit 25 copies to the DFO no later than
November 11, 2008.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at these meetings,
contact the DFO as soon as possible.

    Dated: October 16, 2008.
J. Lantz,
Director of Commercial Regulations and Standards.
 [FR Doc. E8-25445 Filed 10-23-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72902-72904]
[FR Doc No: 2012-29455]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68329; File No. SR-BYX-2012-022]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Expand
the Availability of Risk Management Tools

November 30, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 19, 2012, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
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 the
Substance of the Proposed Rule Change

    The Exchange filed with the Commission a proposal [sic] codify the
availability of a Risk Management Tool (the ``Tool'') currently made
available in connection with sponsored access and to expand the
availability of the Tool to all Exchange Members.\3\ The Tool is
currently available only to Members that provide sponsored access to
other market participants, as described below.
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    \3\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant 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 defines a ``Sponsored Participant'' as a person who
has entered into a sponsorship arrangement with a Sponsoring Member.\4\
A ``Sponsoring Member'' is defined as a broker-dealer that is a Member
of the Exchange and has been designated by a Sponsored Participant to
execute, clear and settle transactions occurring on the Exchange.\5\
Under BYX Rule 11.3(b), a Sponsoring Member may allow its customers to
enter orders directly into the trading systems of the Exchange as
Sponsored Participants, without the

Sponsoring Member acting as an intermediary.
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    \4\ See BYX Rule 1.5(w).
    \5\ See BYX Rule 1.5(x).
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    To facilitate the ability of a Sponsoring Member to monitor and
oversee the sponsored access activity of its Sponsored Participants,
the Exchange offers the Sponsored Access Risk Management Tool.\6\ This
optional service acts as a risk filter by causing the orders of
Sponsored Participants to be evaluated by the Tool prior to entering
the Exchange's matching engine for execution. When a Sponsored
Participant's order is evaluated by the Tool, it determines whether the
order complies with the order criteria established by the Sponsoring
Member for that Sponsored Participant. The order criteria pertain to
such matters as the size of the order (e.g., maximum notional value per
order and maximum shares per order), the order type (e.g., pre-market,
post-market, short sales and ISOs), restricted securities, easy to
borrow securities, and order cut-off (e.g., block new orders and cancel
all open orders).
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    \6\ The Exchange's affiliate, BATS Exchange, Inc., filed a
proposal to offer an identical service to its members in connection
with sponsored access. See Securities Exchange Act Release No. 60236
(July 2, 2009), 74 FR 34068 (July 14, 2009) (SR-BATS-2009-019)
(notice of filing and immediate effectiveness of proposed rule
change to establish a Sponsored Access Risk Management Tool) (the
``BATS Exchange Risk Management Filing'').
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    Given recent market events, the Exchange proposes to expand the
availability of the Tool to all Members. As amended, the Tool can be
configured by a Member to provide an Exchange offered risk management
solution. Just as the use of the Tool by a Sponsoring Member does not
automatically constitute compliance with Exchange Rules, the Exchange
does not believe that use of the Tool can replace Member-managed risk
management solutions. However, the Exchange does believe that the Tool
can be a valuable addition to risk management solutions implemented by
Members.
    As is currently the case, orders subject to the Tool will be
validated by the Exchange prior to entering the Exchange's matching
engine. Based on parameters provided to the Tool, the order will be
immediately passed on to the matching engine or rejected back to the
entering Member.
    The Exchange does not propose to require Members to use the Tool.
Members are free to use any appropriate risk-management tool or
service. The Exchange will not provide preferential treatment to
Members using the Tool.
    The Exchange proposes to make the Tool available to its Members
upon request. The Exchange believes the Tool will offer the Exchange's
Members another option in the efficient risk management of its Members'
access to BYX.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\7\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\8\
because it would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system, and, in general, protect investors and
the public interest. The proposed rule change also is designed to
support the principles of Section 11A(a)(1) \9\ in that it seeks to
assure economically efficient execution of securities transactions,
make it practicable for brokers to execute investors' orders in the
best market, and provide an opportunity for investors' orders to be
executed without the participation of a dealer. Specifically, the
Exchange believes that the proposed rule change is consistent with all
of the aforementioned principles because it fosters competition by
providing another option in the efficient risk management of trading on
the Exchange. The Exchange notes that a similar functionality has
already been found to be consistent with the Act by the Commission.\10\
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78k-1(a)(1).
    \10\ Securities Exchange Act Release No. 59354 (February 3,
2009), 74 FR 6683 (February 10, 2009) (SR-NYSE-2008-101) (Approval
of NYSE Risk Management Gateway).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-BYX-2012-022 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.

All submissions should refer to File Number SR-BYX-2012-022. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,

Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BYX-2012-022 and should be
submitted on or before December 27, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29455 Filed 12-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37982-37984]
[FR Doc No: 2015-16352]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0503]
RIN 1625-AA00

Safety Zone; Independence Day Celebration Fireworks Display; Lake
Ontario, Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Ontario, Oswego, NY. This safety zone is intended to restrict
vessels from a portion of Lake Ontario during the Independence Day
Celebration fireworks display. This temporary safety zone is necessary
to protect mariners and vessels from the navigational hazards
associated with a fireworks display.

DATES: This rule will be effective on July 5, 2015 from 9:30 p.m. until
10:30 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0503]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S.
Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Ms. Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be impracticable and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect spectators and vessels
from the hazards associated with a maritime fireworks display.
Therefore, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this temporary rule effective less than 30 days
after publication in the Federal Register. For the same reasons
discussed above, waiting for a 30 day notice period to run would be
impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
    Between 9:30 p.m. and 10:30 p.m. on July 5, 2015, a fireworks
display will be held on the shoreline of Lake Ontario in Oswego, NY. It
is anticipated that numerous vessels will be in the immediate vicinity
of the launch point. The Captain of the Port Buffalo has determined
that such a launch proximate to a gathering of watercraft pose a
significant risk to public safety and property. Such hazards include
premature and accidental detonations, dangerous projectiles, and
falling or burning debris.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Independence Day
Celebration fireworks display. This zone will be enforced from 9:30
p.m. until 10:30 p.m. on July 5, 2015. This zone will encompass all
waters of Lake Ontario, Oswego, NY within a 420-foot radius of position
43[deg]27'56.88'' N. and 076[deg]30'43.96'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of Lake Ontario on the evening of
July 5, 2015.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be effective, and thus subject to enforcement, for
only 60 minutes late in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the enforcement of
the zone, we would issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions

annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

Sec.  165.T09-0503  Safety Zone; Independence Day Celebration Fireworks
Display; Lake Ontario, Oswego, NY.

    (a) Location. This zone will encompass all waters of Lake Ontario,
Oswego, NY within a 420-foot radius of position 43[deg]27'56.88'' N.
and 076[deg]30'43.96'' W. (NAD 83).
    (b) Enforcement Period. This regulation will be enforced on July 5,
2015 from 9:30 p.m. until 10:30 p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 15, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16352 Filed 7-1-15; 8:45 am]
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[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Page 22553]
[FR Doc No: 2013-08860]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0876]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Pretesting of Tobacco Communications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Pretesting of Tobacco
Communications'' has been approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On January 28, 2013, the Agency submitted a
proposed collection of information entitled ``Pretesting of Tobacco
Communications'' to OMB for review and clearance under 44 U.S.C. 3507.
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. OMB has now approved the information
collection and has assigned OMB control number 0910-0674. The approval
expires on March 31, 2016. A copy of the supporting statement for this
information collection is available on the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: April 11, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-08860 Filed 4-15-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: October 15, 2008 (Volume 73, Number 200)]
[Rules and Regulations]
[Page 60953]
[DOCID:fr15oc08-14]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0951]

Drawbridge Operation Regulations; Raritan River, Perth Amboy, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
NJTRO Bridge, across the Raritan River, mile 0.5, at Perth Amboy, New
Jersey. Under this temporary deviation the draw may remain in the
closed position for one weekend to facilitate scheduled bridge
maintenance.

DATES: This deviation is effective from 6 a.m. on October 18, 2008
through 5 p.m. on October 19, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0951 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the First Coast Guard District, Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on the rule,
call Joe Arca, Project Officer, First Coast Guard District, at 212-668-
7165. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NJTRO Bridge, across the Raritan River,
mile 0.5, at Perth Amboy, New Jersey, has a vertical clearance in the
closed position of 8 feet at mean high water and 13 feet at mean low
water. The existing regulations are listed at 33 CFR 117.747.
    The owner of the bridge, New Jersey Transit Rail Operations
(NJTRO), requested a temporary deviation to facilitate scheduled
mechanical maintenance at the bridge.
    In order to perform the bridge maintenance the bridge must remain
in the closed position.
    Under this temporary deviation the NJTRO Bridge across the Raritan
River, mile 0.5, at Perth Amboy, New Jersey, need not open for the
passage of vessel traffic from 6 a.m. on October 18, 2008 through 5
p.m. on October 19, 2008, with a rain date of October 25, 2008 and
October 26, 2008, in the event inclement weather prevents the bridge
maintenance from being performed. Vessels that can pass under the draw
without a bridge opening may do so at all times.
    Should the bridge maintenance authorized by this temporary
deviation be completed before the end of the effective period published
in this notice, the Coast Guard will rescind the remainder of this
temporary deviation, and the bridge shall be returned to its normal
operating schedule. Notice of the above action shall be provided to the
public in the Local Notice to Mariners and the Federal Register, where
practicable.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: October 2, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
 [FR Doc. E8-24513 Filed 10-14-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: May 2, 2007 (Volume 72, Number 84)]
[Notices]
[Page 24347-24349]
[DOCID:fr02my07-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55668; File No. SR-NASDAQ-2007-030]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change Relating to the Extension of a Fee Pilot for National
Quotation Data Service

April 25, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 29, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared substantially by the Nasdaq. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons and is approving the proposal on an accelerated basis.
---------------------------------------------------------------------------

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

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

    Nasdaq proposes to re-establish retroactively from January 1, 2007
through December 31, 2007, a pilot program under Nasdaq Rule 7017(b),
which reduced from $50 to $10 the monthly fee that non-professional
users pay to receive National Quotation Data Service (``NQDS'').
    The text of the proposed rule change is available at http://nasdaq.complinet.com
, Nasdaq's principal office, and 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 these statements may be examined at the places
specified in Item III below. Nasdaq has prepared summaries, set forth
in Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    Nasdaq proposes to re-establish retroactively from January 1, 2007
through December 31, 2007, the fee reduction pilot program under Nasdaq
Rule 7017(b) that reduced from $50 to $10 the monthly fee that non-
professional users pay to receive NQDS.
    NQDS delivers market maker quotations, Nasdaq Level 1 \3\ service
(including calculation and display of the inside market), and last sale
information that is dynamically updated on a real-time basis. NQDS data
is used not only by firms, associated persons, and other market
professionals, but also by non-professionals who receive the service
through authorized vendors, including, for example, on-line brokerage
firms. Prior to August 31, 2000, NQDS data was available through
authorized vendors at a monthly rate of $50 for professionals and non-
professionals users alike. In August 2000, the NASD, through Nasdaq,
filed a rule change to reduce from $50 to $10 the monthly fee that non-
professional users pay to receive NQDS data. The Commission approved
the pilot on August 22, 2000, and the fee reduction commenced on August
31, 2000 on a one-year pilot basis.\4\ On September 5, 2001, August 29,
2002, August 15, 2003, August 20, 2004, and January 24, 2006, the NASD,
through Nasdaq, filed proposed rule changes to extend the pilot for
additional one-year periods.\5\ Nasdaq adopted the existing pilot
program when it began operating as a national securities exchange in
2006, and is now proposing to extend the pilot of its own accord.
---------------------------------------------------------------------------

    \3\ Pursuant to Nasdaq Rule 7011(b), Nasdaq separately
distributes Level 1 data to non-professionals for a monthly fee of
$1.00.
    \4\ See Securities Exchange Act Release No. 43190 (August 22,
2000), 65 FR 52460 (August 29, 2000).
    \5\ See Securities Exchange Act Release Nos. 44788 (September
13, 2001), 66 FR 48303 (September 19, 2001); 46446 (August 30,
2002), 67 FR 57260 (September 9, 2002); 48386 (August 21, 2003), 68
FR 51618 (August 27, 2003); 50318 (September 3, 2004), 69 FR 54821
(September 10, 2004); and 53531 (March 21, 2006); 71 FR 15506 (March
28, 2006).
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    Nasdaq has consistently supported broad, effective dissemination of
market information to public investors. Thus, Nasdaq is proposing to
re-establish the fee-reduction pilot retroactively from January 1, 2007
through December 31, 2007. Nasdaq notes that the existing pilot reduced
by 80% the fees that non-professionals paid for NQDS data prior to
August 31, 2000. Continuing the reduction of NQDS for non-professional
users demonstrates Nasdaq's continued commitment to individual
investors and responds to the dramatic increase in the demand for real-
time market data by non-professional market participants. In addition,
Nasdaq member firms often supply real-time market data to their
customers through automated means. Thus, Nasdaq member firms' customers
would benefit from the continued fee reduction.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section of the Act,\6\ in general, and with Section
6(b)(4) of the Act,\7\ in particular, 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
which the Nasdaq operates or controls. Nasdaq also believes that the
fee reduction enhances the public's access to market data that is
relevant to investors when they make financial decisions and encourages
increased public participation in the securities markets.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    Nasdaq 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.

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. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASDAQ-2007-030 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASDAQ-2007-030.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Nasdaq. 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-2007-030 and should be submitted on or before May
23, 2007.

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

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder, applicable to a national securities exchange.\8\ In
particular, the Commission believes that the proposal is consistent
with Section 6(b)(4) of the Act,\9\ which requires that the rules of an
exchange provide an equitable allocation of reasonable dues, fees and
other charges among its members and other persons using its facilities.
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    \8\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The pilot lowers the monthly fee for non-professionals to receive
NQDS from

$50 to $10 a month. The Commission notes that the NQDS feature provides
a mechanism to allow access to market data that is relevant to
investors when they make financial decisions and that it does not
unfairly discriminate between customers, issuers, brokers or dealers.
    Accordingly, the Commission finds good cause for approving this
proposed rule change before the 30th day after the date of publication
of notice of filing thereof in the Federal Register pursuant to Section
19(b)(2) of the Act.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-NASDAQ-2007-030), be, and it
hereby is, approved on an accelerated basis, as a pilot, scheduled to
expire on December 31, 2007.
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    \11\ See id.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-8310 Filed 5-1-07; 8:45 am]

BILLING CODE 8010-01-P