[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Pages 50524-50525]
[FR Doc No: 2011-20700]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65078; File No. SR-CHX-2011-24]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Extend the Pilot Program Relating to Clearly Erroneous Transactions

August 9, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on August 8, 2011, the Chicago Stock Exchange, Inc. (``CHX'' or
the ``Exchange'') 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 by the CHX. CHX has filed this
proposal pursuant to Exchange Act Rule 19b-4(f)(6) \3\ which is
effective upon filing with the Commission.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CHX proposes to amend its rules to extend the pilot program
relating to clearly erroneous transactions. The text of this proposed
rule change is available on the Exchange's Web site at (http://www.chx.com) and in the Commission's Public Reference Room.

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

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

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

1. Purpose
    In September, 2010, CHX obtained Commission approval of a filing
amending its rules relating to clearly erroneous transactions on a
pilot basis until December 10, 2010.\4\ This program was subsequently
extended until April 11, 2011 \5\ and then extended again until August
11, 2011.\6\ The proposed rule change merely extends the duration of
the pilot program to January 31, 2011. Extending the pilot in this
manner will allow the Commission more time to consider the impact of
the pilot program.
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    \4\ See Securities Exchange Act Release No. 34-62886 (September
10, 2010), 75 FR 56613 September 16, 2010) approving SR-CHX-2010-13.
    \5\ See Securities Exchange Act Release No. 34-63487 (December
9, 2010), 75 FR 78279 December 15, 2010) regarding SR-CHX-2010-23.
    \6\ See Securities Exchange Act Release No. 64228 (April 7,
2011), 75 FR 20792 April 13, 2011) regarding SR-CHX-2011-06.
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2. Statutory Basis
    Approval of 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\ In particular, 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 is also designed to support the principles of Section
11A(a)(1) \9\ of the Act in that it seeks to assure fair competition
among brokers and dealers and among exchange markets. The Exchange
believes that the proposed rule meets these requirements in that it
promotes transparency and uniformity across markets concerning reviews
of potentially clearly erroneous executions in various contexts,
including reviews in the context of a Multi-Stock Event involving
twenty or more securities and reviews resulting from a Trigger Trade
and any executions occurring immediately after a Trigger Trade but
before a trading pause is in effect on the Exchange. Further, the
Exchange believes that the proposed changes enhance the objectivity of
decisions made by the Exchange with respect to clearly erroneous
executions.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

    No written comments were either solicited or received.

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 \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\ The Exchange has asked the Commission to
waive the 30-day operative delay so that the proposal may become
operative immediately upon filing. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver will allow the
pilot program to continue uninterrupted and help ensure uniformity
among the national securities exchanges and FINRA with respect to the
treatment of clearly erroneous transactions.\12\ Accordingly, the
Commission waives the 30-day operative delay requirement and designates
the proposed rule change as operative upon filing with the Commission.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission notes that the Exchange has satisfied
this requirement.
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2011-24 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-CHX-2011-24. 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 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
a.m. and 3 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 publicly available. All
submissions should refer to File Number SR-CHX-2011-24 and should be
submitted on or before September 6, 2011.

    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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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-20700 Filed 8-12-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Notices]
[Pages 77219-77220]
[FR Doc No: 2011-31789]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission Combined Notice of Filings
1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC12-40-000.
    Applicants: Caney River Wind Project, LLC, Rocky Ridge Wind
Project, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act for the Disposition of Jurisdictional
Facilities, Request for Expedited Consideration and Confidential
Treatment of Caney River Wind Project, LLC, et al.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5201.
    Comments Due: 5 p.m. ET 12/13/11.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-9-000.
    Applicants: Fire Island Wind, LLC.
    Description: Supplemental Information Clarifying Notice of Self-
Certification of EWG Status of Fire Island Wind, LLC.
    Filed Date: 11/7/11.
    Accession Number: 20111107-5038.
    Comments Due: 5 p.m. ET 11/28/11.

    Docket Numbers: EG12-15-000.
    Applicants: NRG Texas Power LLC.
    Description: Notice of Self Certification of Exempt Wholesale
Generator Status NRG Texas Power LLC.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5143.
    Comments Due: 5 p.m. ET 12/13/11.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3627-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance Filing In Order ER11-3627--Revisions to
Attachment AE, Section 4.4 to be effective 7/24/2011.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5133.
    Comments Due: 5 p.m. ET 12/13/11.

    Docket Numbers: ER12-463-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: IP03 Termination to be effective 1/22/2012.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5126.
    Comments Due: 5 p.m. ET 12/13/11.

    Docket Numbers: ER12-464-000.
    Applicants: Madison Gas and Electric Company.
    Description: MGE Seller Category Update to be effective 11/23/2011.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5131.
    Comments Due: 5 p.m. ET 12/13/11.

    Docket Numbers: ER12-465-000.
    Applicants: Nevada Power Company.
    Description: Amended & Restated Purchase Power Agreement to be
effective 11/23/2011.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5145.
    Comments Due: 5 p.m. ET 12/13/11.

    Docket Numbers: ER12-466-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: NCEMC Catwaba IA RS No. 273 to be effective 1/1/2012.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5172.
    Comments Due: 5 p.m. ET 12/13/11.

    Docket Numbers: ER12-467-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Amendment to NCEMC PPA RS No. 326 to be effective 1/1/
2012.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5174.
    Comments Due: 5 p.m. ET 12/13/11.

    Docket Numbers: ER12-468-000.
    Applicants: Black Hills Power, Inc.
    Description: Revised BH Power, Inc., JOATT Attachment H to be
effective 8/1/2011.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5178.
    Comments Due: 5 p.m. ET 12/13/11.

    Docket Numbers: ER12-469-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Petition of PJM Interconnection, L.L.C. for
Institution of Proceeding To Determine Proper Billing Adjustments and
for Waiver of Tariff.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5199.
    Comments Due: 5 p.m. ET 12/13/11.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RR12-2-000.
    Applicants: North American Electric Reliability Corp.
    Description: Petition of North American Electric Reliability
Corporation for Approval of Amendments to Delegation Agreement with
Western Electricity Coordinating Council under RR12-2.
    Filed Date: 11/22/11.
    Accession Number: 20111122-5180.
    Comments Due: 5 p.m. ET 12/13/11

    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
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: November 23, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-31789 Filed 12-9-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]
[Page 14844-14845]
[DOCID:fr29mr07-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55504; File No. SR-OCC-2006-15]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of a Proposed Rule Change Relating to the Approval of
Fund Shares Deposited as Margin

March 21, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on August 31, 2006, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

    The proposed rule change would eliminate the requirement that the
Membership/Risk Committee approve classes of fund shares (e.g., ETFs)
for deposit as margin.

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 such
statements.\2\
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    \2\ The Commission has modified parts of these statements.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The proposed rule change would delete Interpretation and Policy .11
to Rule 604, Forms of Margin, which requires that OCC's Membership/Risk
Committee approve classes of fund shares for deposit as margin.
Committee approval was deemed to be a prudent safeguard when OCC began
accepting fund shares for deposit in 1996 because fund shares had only
been trading since 1993, and OCC was not as familiar with them as it is
today. In 1997, OCC began clearing options on fund shares. Since then,
fund shares have become a widely used investment tool, and OCC has
developed a broad understanding of the fund share marketplace. In light
of these developments, OCC believes that fund shares should be accepted
as margin under the same conditions that apply to the deposit of other
equity securities without the need for Committee approval.
    The proposed change is consistent with Section 17A of the Act
because it eliminates an unwarranted approval process for the
acceptance of fund shares as a form of margin asset while employing the
same safeguards that apply to the deposit of other equity securities as
margin in order to assure the safeguarding of securities which are in
OCC's custody or control. The proposed rule change is not inconsistent
with the existing rules of OCC, including any other rules proposed to
be amended.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.

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

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

File Number SR-OCC-2006-15 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-OCC-2006-15. 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 Section, 100 F Street, NE., Washington, DC 20549. Copies of
such filing also will be available for inspection and copying at the
principal office of OCC and on OCC's Web site at http://www.optionsclearing.com.
 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-2006-15 and should be submitted on or before April 19, 2007.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\3\
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    \3\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5753 Filed 3-28-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28315-28317]
[FR Doc No: 2011-11799]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-1134]
RIN 1625-AA87

Security Zone; Vessels Carrying Hazardous Cargo, Sector Columbia
River Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a 500 yard security zone
around vessels carrying hazardous cargo, as determined by the Captain
of the Port (COTP) Columbia River, when such vessels are located in the
Sector Columbia River COTP Zone as defined in 33 CFR 3.65-15 and the
COTP Columbia River determines that a security zone is necessary and
enforcement of that security zone is practicable. The security zones
will help ensure the security of the vessels themselves as well as the
maritime public due to the hazardous nature of the cargo on board.

DATES: This rule is effective June 16, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-1134 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-1134 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail MST1 Jaime Sayers, Waterways Management Division, Marine
Safety Unit Portland, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call

Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 8, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Vessel Carrying Hazardous Cargo, Sector
Columbia River Captain of the Port Zone in the Federal Register (75 FR
76328). No comments were received on the proposed rule and there was no
request to hold a public meeting.

Basis and Purpose

    Vessels carrying hazardous cargo occasionally operate in the Sector
Columbia River COTP Zone. Examples of hazardous cargoes include, but
are not limited to, liquefied petroleum gas, ammonium nitrate and
associated mixtures, anhydrous ammonia, and chlorine. The security
zones that will be created by this rule will help ensure the security
of the vessels themselves as well as the maritime public in general by
prohibiting all persons or vessels from coming within 500 yards of such
vessels while located in Sector Columbia River COTP Zone. In the past,
the COTP Columbia River has issued temporary security zones to cover
certain vessels carrying hazardous cargo.

Background

    Vessels carrying hazardous cargo enter the Captain of the Port
Columbia River area of responsibility approximately every three to four
months. These cargos pose a potential threat to the environment and to
nearby communities if an incident were to occur while it is transiting
the Columbia and Willamette Rivers. This potential threat is reduced by
the vessel being escorted through highly populated areas of the river
and by ensuring a security zone is around the vessel during the entire
transit to reduce the numbers of vessels coming in close proximity to
the vessel. This process takes approximately two weeks to complete but
the Coast Guard is notified 96-hours in advance of the arrival of this
vessel. The vessel will only be in port long enough to discharge the
product which is approximately 18 to 26 hours. No other alternatives
were considered for these security zones.

Discussion of Comments and Changes

    There were no comments made on the notice of proposed rulemaking
and therefore no changes have been made to the rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard has made this
determination based on the fact that the security zones created by this
rule will only be in effect during the limited periods of time when
vessels carrying hazardous cargo, as determined by the COTP Columbia
River, are located in the Sector Columbia River COTP Zone. In addition,
maritime traffic will be able to transit around the security zones or,
if necessary, may be allowed to transit through the security zones with
permission from the COTP Columbia River.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This proposed rule may affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to operate in an area covered by a security zone created by
this rule. The security zones created by this rule will not have a
significant economic impact on a substantial number of small entities,
however, because they will only be in effect during the limited periods
of time when vessels carrying hazardous cargo, as determined by the
COTP Columbia River, are located in the Sector Columbia River COTP
Zone. In addition, maritime traffic will be able to transit around the
security zones or, if necessary, may be allowed to transit through the
security zones with permission from the COTP Columbia River.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism. There were no comments submitted on this notice.

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. There were no comments submitted on this notice.

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. There were no comments submitted on this rule.

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. There were no comments
submitted on this rule.

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. There were no comments submitted on
this rule.

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. There were no
comments submitted on this plan.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211. There were no comments submitted on this
rule.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. There were no
comments submitted on this rule.

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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a security
zone.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 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; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.1335 to read as follows:

Sec.  165.1335  Security Zone; Vessels Carrying Hazardous Cargo, Sector
Columbia River Captain of the Port Zone.

    (a) Location. The following area is a security zone: All waters
within 500 yards, in all directions, of any vessel carrying hazardous
cargo, as determined by the Captain of the Port (COTP) Columbia River,
while such a vessel is located in the Sector Columbia River COTP Zone
as defined in 33 CFR 3.65-15 and the COTP Columbia River determines
that a security zone is necessary and enforcement of the security zone
is practicable.
    (b) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, Subpart D, no person or vessel may enter or remain in
a security zone created by this section without the permission of the
COTP Columbia River or his/her designated representative. Designated
representatives are Coast Guard personnel authorized by the COTP
Columbia River to grant persons or vessels permission to enter or
remain in a security zone created by this section. Subpart D of 33 CFR
part 165 contains additional provisions applicable to a security zone
created by this section.
    (2) To request permission to enter a security zone created by this
section, contact Coast Guard Sector Columbia River at telephone number
503-861-6212 or via VHF channel 16 (156.8 MHz) or VHF channel 22 (157.1
MHz).
    (c) Notification. When a security zone is created by this section,
one or more Coast Guard vessels will be present to enforce the security
zone and the COTP Columbia River will issue a local broadcast notice to
mariners.

    Dated: May 2, 2011.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2011-11799 Filed 5-16-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]
[Page 66634-66635]
[DOCID:fr16de09-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

December 10, 2009.

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
BP Wind Energy North America Inc.......  EG09-90-000
Big Sky Wind, LLC......................  EG09-91-000
Eurus Combine Hills II LLC.............  EG09-92-000
Elmwood Park Power LLC.................  EG09-93-000
Dry Lake Wind Power, LLC...............  EG09-94-000
Raleigh Wind Power Partnership.........  EG09-95-000
SunEdison Canada, LLC..................  FC09-1-000
------------------------------------------------------------------------

    Take notice that during the months of October 2009 and November
2009, the status of the above-captioned entities as Exempt Wholesale
Generators or Foreign Utility Companies became effective by operation
of the

Commission's regulations, 18 CFR 366.7(a) (2009).

Kimberly D. Bose,
Secretary.
[FR Doc. E9-29917 Filed 12-15-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Page 37763]
[FR Doc No: 2014-15580]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4178-DR; Docket ID FEMA-2014-0003]

Vermont; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Vermont (FEMA-4178-DR), dated June 11, 2014,
and related determinations.

DATES: Effective Date: June 11, 2014.

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: Notice is hereby given that, in a letter
dated June 11, 2014, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Vermont resulting from severe storms and flooding during the
period of April 15-18, 2014, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Vermont.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to Section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James N. Russo, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Vermont have been designated as
adversely affected by this major disaster:

    Caledonia, Essex, Franklin, Lamoille, Orange, Orleans, and
Washington Counties for Public Assistance.
    All counties within the State of Vermont are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-15580 Filed 7-1-14; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: February 4, 2008 (Volume 73, Number 23)]
[Notices]
[Page 6495-6497]
[DOCID:fr04fe08-35]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-36-000]

Chestnut Ridge Storage L.P.; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Junction Natural Gas Storage
Project and Request for Comments on Environmental Issues

January 28, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Junction Natural Gas Storage
Project involving construction and operation of natural gas storage and
pipeline header facilities by Chestnut Ridge Storage L.P. (Chestnut
Ridge) in Fayette County, Pennsylvania and Preston and Monongolia
Counties, West Virginia. The EA will be used by the Commission in its
decision-making process to determine whether the project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help determine which issues
need to be evaluated in the EA. Please note that the scoping period
will close on February 29, 2008. Details on how to submit comments are
provided in the Public Participation section of this notice.
    This notice is being sent to affected landowners; federal, state,
and local government agencies; elected officials; Native American
tribes; other interested parties; and local libraries and newspapers.
State and local government representatives are asked to notify their
constituents of this proposed project and to encourage them to comment
on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses a number
of typically asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings. It is available for
viewing

on the FERC Internet Web site (http://www.ferc.gov).

Summary of the Proposed Project

    Chestnut Ridge proposes to convert an existing, depleted natural
gas production field--the West Summit Field, which extends from Fayette
County, Pennsylvania into Preston and Monongolia Counties, West
Virginia--into a high deliverability, multi-cycle gas storage facility
with up to 25 billion cubic feet of working gas capacity and up to
500,000 dekatherms per day of injection and withdrawal capacity.
Proposed construction would include:
     Recompletion/drilling of up to 26 injection/withdrawal
wells and up to 11 observation wells;
     Construction of approximately 17 miles of gathering
laterals from the individual wells to a new compressor station;
     Construction of an approximate 25,000 horsepower
compressor station;
     Construction of a 1,900 foot 24-inch pipeline header
connecting to a Columbia Gas pipeline;
     Construction of a 21.5-mile 24-inch pipeline header
connecting to the Dominion Transmission, Inc./Texas Eastern interstate
pipeline; and
     Construction of appurtenant facilities consisting of tap
valves, pig launcher and receivers, meter and regulator stations,
separation and control systems, and access roads.
    The general location of the proposed facilities is shown in
Appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices are
available on the Commission's Web site at the ``eLibrary'' link or
from the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary refer to the ``Additional Information''
section of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail. Requests for detailed maps
of the proposed facilities should be made directly to Chestnut
Ridge.
---------------------------------------------------------------------------

Land Requirements for Construction

    The project would affect approximately 545 acres, 251 acres of
which would be permanently converted for project use. Additionally,
Chestnut Ridge is in the process of acquiring storage rights for an
additional 2,000 foot buffer zone surrounding the currently defined
boundaries of the West Summit Field. Construction of pipeline
facilities would affect approximately 415 acres, with 197 acres
required for operation, 98.5 percent of which would permanently convert
forested lands for project use. For its aboveground facilities--the
wells sites, the compressor station, appurtenant facilities, and access
roads--130 acres would be affected during construction and 53.7 acres
during operation, 58 percent of which would permanently convert
forested lands for project use.

The EA Process

    We \2\ are preparing this EA to comply with the National
Environmental Policy Act (NEPA) which requires the Commission to take
into account the environmental impact that could result if it
authorizes Chestnut Ridge's proposal. By this notice, we are also
asking federal, state, and local agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. Agencies that would
like to request cooperating status should follow the instructions for
filing comments provided below.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
---------------------------------------------------------------------------

    NEPA also requires the FERC to discover and address concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
Notice of Intent, we are requesting public comments on the scope of the
issues to address in the EA. All comments received will be considered
during the preparation of the EA.
    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils.
     Water resources.
     Land use and visual quality.
     Cultural resources.
     Vegetation and wildlife (including threatened and
endangered species).
     Air quality and noise.
     Reliability and safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, where necessary, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are received and considered, please
carefully follow the instructions in the Public Participation section
below.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the proposal
and alternatives to the proposal, including alternative compressor
station sites and measures to avoid or lessen environmental impact. The
more specific your comments, the more useful they will be. Please
carefully follow these instructions to ensure that your comments are
received in time and properly recorded:
     Send an original and two copies of your letter to:
Kimberley D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of Gas
Branch 3, PJ-11.3;
     Reference Docket No. CP08-36-000; and
     Mail your comments so that they will be received in
Washington, DC on or before February 29, 2008.
    The Commission encourages electronic filing of comments. See 18
Code of Federal Regulations 385.2001(a)(1)(iii) and the instructions on
the Commission's Internet Web site at http://www.ferc.gov under the

``eFiling'' link and the link to the User's Guide. Prepare your
submission in the same manner as you would if filing on paper and save
it to a file on your hard drive. Before you can file comments you will
need to create an account by clicking on ``Login to File'' and then
``New User Account.'' You will be asked to select the type of filing
you are making. This filing is considered a ``Comment on Filing.''
    As described above, we may publish and distribute the EA for
comment. If you are interested in receiving an EA for review and/or
comment, please return the Environmental Mailing List Form (Appendix
3). If you do not return the Environmental Mailing List Form, you will
be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding known as an
``intervenor.'' Intervenors play a more formal role in

the process. Among other things, intervenors have the right to receive
copies of case-related Commission documents and filings by other
intervenors. Likewise, each intervenor must send one electronic copy
(using the Commission's eFiling system) or 14 paper copies of its
filings to the Secretary of the Commission and must send a copy of its
filings to all other parties on the Commission's service list for this
proceeding.
    If you want to become an intervenor you must file a motion to
intervene according to Rule 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.214) (see Appendix 2).\3\ Only intervenors
have the right to seek rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \3\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary''

link. Click on the eLibrary link, then on ``General Search'' and enter
the docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

 Kimberly D. Bose,
Secretary.
 [FR Doc. E8-1924 Filed 2-1-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49099-49101]
[FR Doc No: 2018-21211]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0613]

John D. McCoy; Denial of Hearing; Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is denying a request
for a hearing submitted by John D. McCoy (McCoy) and is issuing an
order under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
debarring McCoy for 4 years from providing services in any capacity to
a person that has an approved or pending drug product application. FDA
bases this order on a finding that McCoy was convicted of a misdemeanor
under Federal law for conduct relating to the regulation of a drug
product under the FD&C Act and that the conduct underlying the
conviction undermines the process for the regulation of drugs. In
determining the appropriateness and period of McCoy's debarment, FDA
has considered the relevant factors listed in the FD&C Act. McCoy has
failed to file with the Agency information and analyses sufficient to
create a basis for a hearing concerning this action.

DATES: The order is applicable September 28, 2018.

ADDRESSES: Any application for termination of debarment by McCoy under
section 306(d) of the FD&C Act (application) may be submitted as
follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For a written/paper application submitted to the Dockets
Management Staff, FDA will post your application, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: Your application must include the Docket No. FDA-
2011-N-0613. An application will be placed in the docket and, unless
submitted as

``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit an application with
confidential information that you do not wish to be made publicly
available, submit your application only as a written/paper submission.
You should submit two copies total. One copy will include the
information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The
Agency will review this copy, including the claimed confidential
information, in its consideration of your application. The second copy,
which will have the claimed confidential information redacted/blacked
out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your application and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket, go to https://www.regulations.gov
and insert the docket number, found in brackets in the heading of this
document, into the ``Search'' box and follow the prompts and/or go to
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852 between 9 a.m. and 4 p.m., Monday through Friday. Publicly
available submissions may be seen in the docket.

FOR FURTHER INFORMATION CONTACT: Rachael Vieder Linowes, Office of
Scientific Integrity, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 1, Rm. 4206, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(2)(B)(i)(I) of the FD&C Act (21 U.S.C.
335a(b)(2)(B)(i)(I)) permits FDA to debar an individual if it finds
that: (1) The individual has been convicted of a misdemeanor under
Federal law for conduct relating to the development or approval,
including the process for development or approval, of a drug product or
otherwise relating to the regulation of a drug product under the FD&C
Act and (2) the type of conduct that served as the basis for the
conviction undermines the process for the regulation of drugs.
    On April 20, 2009, in the U.S. District Court for the District of
Arizona, McCoy pled guilty to a misdemeanor, namely adulterating a drug
while held for sale after shipment in interstate commerce in violation
of sections 301(k), 303(a)(1), and 501(d) of the FD&C Act (21 U.S.C.
331(k), 333(a)(1) and 351(d)). The conduct underlying the conviction
involved the adulteration of BOTOX[supreg]/BOTOX[supreg] Cosmetic
(BOTOX[supreg]). BOTOX[supreg] is a biological product derived from
Botulinum Toxin Type A that is manufactured by Allergan, Inc., and was
approved by FDA for use on humans. Toxin Research International was an
Arizona corporation that marketed and sold TRI-Toxin, a Botulinum Toxin
Type A product that was neither approved nor licensed by FDA. According
to the records of the criminal proceedings, McCoy, while a physician at
Skinovative Laser Center, mixed FDA-approved BOTOX[supreg] with TRI-
toxin, while the BOTOX[supreg] was held for sale after shipment in
interstate commerce, such that the BOTOX[supreg] was adulterated under
section 501(d) of the FD&C Act.
    By letter dated October 24, 2011, FDA's Office of Regulatory
Affairs (ORA) notified McCoy of its proposal to debar him for 4 years
from providing services in any capacity to a person having an approved
or pending drug product application. The proposal outlined findings
concerning three relevant factors ORA considered in determining the
appropriateness and period of debarment, as provided in section
306(c)(3) of the FD&C Act. ORA found that the nature and seriousness of
the offense and the nature and extent of voluntary steps to mitigate
the effect on the public were unfavorable factors for McCoy. The
absence of prior convictions involving matters within FDA's
jurisdiction was a favorable factor. ORA concluded, ``Weighing all the
factors, particularly the nature and seriousness of the conduct
underlying your conviction, the Agency has determined that the
unfavorable factors outweigh the favorable factors, and therefore
warrant the imposition of a four year permissible debarment in this
case.''
    In a letter dated November 23, 2011, through counsel, McCoy
requested a hearing on the proposal. In his hearing request, McCoy
argues that there are disputed issues of material fact that FDA must
consider, under section 306(c)(3) of the FD&C Act, in determining the
appropriateness and period of debarment. McCoy also indicated that
additional information justifying the hearing would be forthcoming.
More than 60 days have passed from the date McCoy received ORA's
letter, and McCoy has not filed any additional information.
    Under the authority delegated to him by the Commissioner of Food
and Drugs, the Director of the Office of Scientific Integrity (OSI) has
considered McCoy's request for a hearing. Hearings are granted only if
there is a genuine and substantial issue of fact. Hearings will not be
granted on issues of policy or law, on mere allegations, denials or
general descriptions of positions and contentions, or on data and
information insufficient to justify the factual determination urged
(see Sec.  12.24(b) (21 CFR 12.24(b))).
    OSI has considered McCoy's arguments and concludes that they are
unpersuasive and fail to raise a genuine and substantial issue of fact
requiring a hearing.

II. Arguments

    In his hearing request, McCoy first contends that there are
disputed issues of material fact with respect to whether he voluntarily
acted to mitigate the impact of his offense on the public (see section
306(c)(3)(C) of the FD&C Act). ORA found no evidence that McCoy took
any voluntary steps to mitigate the impact on the public. McCoy has not
provided any specific allegations or evidence supporting his general
assertion that the facts underlying ORA's findings are in dispute.
Although McCoy indicated that he would submit additional information
supporting his hearing request, he has not done so. Under Sec.
12.24(b)(2), a hearing will not be granted on the basis of mere
allegations or denials or general descriptions of positions and
contentions. McCoy's bare assertion that there are disputed issues of
fact with respect to that consideration fails to create a genuine and
substantial issue of fact that warrants a hearing. Upon similar
reasoning, McCoy's claim that the disputed issues of fact are not
limited to those raised in his hearing request also falls far short of
justifying a hearing.
    Finally, McCoy contends that there are disputed issues of material
fact with respect to whether, under section 306(c)(3)(D) of the FD&C
Act, the extent to which changes in ownership, management, or
operations has corrected the causes of any offense involved and provide
reasonable assurances that the offense will not

occur again. Yet, again, McCoy has not provided any specific
allegations or evidence to challenge ORA's determination that this
consideration does not apply to him. FDA need only address the
considerations in section 306(c)(3) of the FD&C Act ``where
applicable.'' The considerations in section 306(c)(3) of the FD&C Act
are not only for individuals but also for corporations, partnerships,
and associations subject to permissive debarment. The consideration at
issue does not typically apply to individuals because individuals are
incapable of changes in ownership or management and could only alter
the current operations of a business enterprise in which they are
currently engaged. Even assuming arguendo that an individual could
point to changes in his or her current business practices as an
applicable consideration under section 306(c)(3) of the FD&C Act,
McCoy's unsubstantiated contention that there are disputed issues of
fact with respect to that consideration fails to create a genuine and
substantial issue of fact that warrants a hearing.
    Based on the factual findings in the proposal to debar and on the
record, OSI finds that a 4-year debarment is appropriate. Although
McCoy has no previous criminal convictions related to matters within
the jurisdiction of FDA, this sole positive factor does not
counterbalance the nature and seriousness of his offense and lack of
voluntary steps taken to mitigate the effect on the public. As noted in
the proposal to debar, McCoy's actions occurred on a repeated basis,
and ``[his] conduct created a risk of injury to [his] patients . . .,
undermined the Agency's oversight of an approved drug product, and
seriously undermined the integrity of the Agency's regulation of drug
products.''

III. Findings and Order

    Therefore, the Director of OSI, under section 306(b)(2)(B)(i)(I) of
the FD&C Act and under authority delegated to him by the Commissioner
of Food and Drugs, finds that: (1) McCoy has been convicted of a
misdemeanor under Federal law for conduct relating to the development
or approval, including the process for development or approval, of a
drug product or otherwise relating to the regulation of a drug product
under the FD&C Act and (2) the conduct which served as the basis for
the conviction undermines the process for the regulation of drugs. FDA
has considered the applicable factors listed in section 306(c)(3) of
the FD&C Act and determined that a debarment of 4 years is appropriate.
    As a result of the foregoing findings, McCoy is debarred for 4
years from providing services in any capacity to a person with an
approved or pending drug product application under section 505, 512, or
802 of the FD&C Act (21 U.S.C. 355, 360b, or 382), or under section 351
of the Public Health Service Act (42 U.S.C. 262), effective (see DATES)
(21 U.S.C. 335a(c)(1)(B) and (c)(2)(A)(iii) and 21 U.S.C. 321(dd)). Any
person with an approved or pending drug product application, who
knowingly uses the services of McCoy, in any capacity during his period
of debarment, will be subject to civil money penalties (section
307(a)(6) of the FD&C Act (21 U.S.C. 335b(a)(6))). If McCoy, during his
period of debarment, provides services in any capacity to a person with
an approved or pending drug product application, he will be subject to
civil money penalties (section 307(a)(7) of the FD&C Act). In addition,
FDA will not accept or review any abbreviated new drug applications
submitted by or with the assistance of McCoy during his period of
debarment (section 306(c)(1)(B) of the FD&C Act).

    Dated: September 25, 2018.
George M. Warren,
Director, Office of Scientific Integrity.
[FR Doc. 2018-21211 Filed 9-27-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Proposed Rules]
[Page 76986-76987]
[DOCID:fr18de08-31]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1108; Airspace Docket No. 08-AWP-11]

Proposed Modification of Class E Airspace; Reno, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This action proposes to modify the existing Class E airspace
at Reno/Tahoe International Airport, Reno, NV. Additional controlled
airspace is necessary to accommodate aircraft using the Localizer (LOC)
Z Runway 16R approach at Reno/Tahoe International Airport, Reno, NV.
The FAA is proposing this action to enhance the safety and management
of aircraft operations at Reno/Tahoe International Airport, Reno, NV.

DATES: Comments must be received on or before February 2, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2008-
1108; Airspace Docket No. 08-AWP-11, at the beginning of your comments.
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Area, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2008-1108 and Airspace Docket No. 08-AWP-11) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2008-1108 and Airspace Docket No. 08-AWP-11''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Area, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E airspace at Reno/
Tahoe International Airport, Reno, NV. Additional controlled airspace
is necessary to allow aircraft to complete a procedure turn while using
the LOC Z Runway 16R approach at Reno/Tahoe International Airport,
Reno, NV. This modification will also include a name change from LOC 2
Runway 16R approach to LOC Z Runway 16R approach at Reno/Tahoe
International Airport, Reno, NV. This action would enhance the safety
and management of aircraft operations at Reno/Tahoe International
Airport, Reno, NV.
    Class E airspace designations are published in paragraph 6005 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 Class E airspace
designation listed in this document will be published subsequently in
this Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under 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 proposed rule, when
promulgated, would 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 U.S. Code. Subtitle 1, Section 106, describes
the authority for 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 establishes additional controlled airspace at Reno/Tahoe
International Airport, Reno, NV.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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

    1. The authority citation for 14 CFR 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]

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

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AWP NV E5 Reno, NV [Modify]

Reno/Tahoe International Airport, NV
    (Lat. 39[deg]29'57'' N., long. 119[deg]46'06'' W.)
Mustang VORTAC
    (Lat. 39[deg]29'57'' N., long. 119[deg]46'05'' W.)

    That airspace extending upward from 700 feet above the surface
beginning at lat. 40[deg]00' 20'' N., long. 120[deg]00'04'' W.,
thence clockwise via the 32.0-mile radius of the Reno/Tahoe
International Airport to lat. 40[deg]01'31'' N. long.
119[deg]40'01'' W.; to lat. 39[deg]49'35'' N. long. 119[deg]34'05''
W.; thence clockwise via the 21.7-mile radius to lat. 39[deg]25'12''
N. long. 119[deg]18'45'' W.; to lat. 39[deg]13'00'' W. long.
119[deg]47'04'' W.; to lat. 39[deg]08'20'' N. long. 119[deg]47'04''
W.; to lat. 39[deg]10'20'' N. long. 120[deg]00'04'' W., to the point
of beginning. That airspace extending upward from 1,200 feet above
the surface within a 39.1-mile radius of the Mustang VORTAC
excluding the area east of long. 119[deg]00'04'' W., and west of
long. 120[deg]19'04'' W., and that airspace northwest of the Reno/
Tahoe International Airport extending from the 39.1-mile radius
bounded on the northeast by the southwest edge of V-452 and on the
west by long. 120[deg]19'04'' W. That airspace extending upward from
13,100 feet MSL beginning at lat. 38[deg]54'56'' N., long.
119[deg]22'47'' W., thence clockwise via the 39.1-mile radius to the
eastern edge of V-165, thence southbound along the eastern edge of
V-165 to the northern edge of V-244, thence eastbound to lat.
38[deg]04'00'' N., long. 119[deg]15'24'' W.; to the point of
beginning. That airspace extending upward from 12,300 feet MSL
beginning at lat. 38[deg]52'20'' N., long. 119[deg]35'44'' W.; to
lat. 38[deg]52'20'' N., long. 119[deg]47'54'' W.; to lat.
38[deg]28'00'' N., long. 119[deg]52'44'' W.; to lat. 38[deg]01'30''
N., long. 119[deg]51'34'' W.; to lat. 38[deg]01'00'' N., long.
119[deg]38'04'' W.; to lat. 38[deg]27'30'' N., long. 119[deg]33'44''
W., to the point of beginning.
* * * * *

    Issued in Seattle, Washington, on December 1, 2008.
Kevin Nolan,
Acting Manager, Operations Support Group, Western Service Area.
[FR Doc. E8-30017 Filed 12-17-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Pages 73032-73033]
[FR Doc No: 2015-29711]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76456; File No. SR-EDGX-2015-53]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 11.11, Routing to Away Trading Centers

November 17, 2015.
    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 9, 2015, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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 by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend Rule 11.11, Routing to Away
Trading Centers, to adopt a new routing option to be known as ALLB.
    The text of the proposed rule change is available at the Exchange's
Web site at 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 proposes to amend Rule 11.11, Routing to Away Trading
Centers, to adopt a new routing option to be known as ALLB. As
proposed, ALLB would be a routing option under which the order checks
the System \5\ for available shares and is then sent to the BATS
Exchange, Inc. (``BZX''), BATS Y-Exchange, Inc. (``BYX''), and the EDGA
Exchange, Inc. (``EDGA'' collectively with the Exchange, BZX, and BYX,
the ``BGM Affiliated Exchanges''). Specifically, an order subject to
the ALLB routing option would execute first against contra-side
displayed and non-displayed liquidity on the EDGX Book \6\ at the
National Best Bid or Offer (``NBBO'') or better. Any remainder, would
then be routed to BZX, BYX, and/or EDGA in accordance with the System
routing table.\7\ If shares remain unexecuted after routing, they are
posted to the EDGX Book, unless otherwise instructed by the User.\8\ In
such case, the User may instruct the Exchange to cancel the remaining
shares. ALLB is designed to comply with Rule 611 and all other
provisions of Regulation NMS.\9\
---------------------------------------------------------------------------

    \5\ The term ``System'' is defined as ``the electronic
communications and trading facility designated by the Board through
which securities orders of Users are consolidated for ranking,
execution and, when applicable, routing away.'' See Exchange Rule
1.5(cc).
    \6\ The term ``EDGX Book'' is defined as ``the System's
electronic file of orders.'' See Exchange Rule 1.5(d).
    \7\ The term ``System routing table'' refers to the proprietary
process for determining the specific trading venues to which the
System routes orders and the order in which it routes them. See
Exchange Rule 11.11(g).
    \8\ The term ``User'' is defined as ``any Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Rule 11.3.'' See Exchange Rule 1.5(ee).
    \9\ 17 CFR 242.611.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \10\ in general, and furthers the objectives of Section
6(b)(5) of the Act \11\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The proposed rule change
promotes just and equitable principles of trade because it would
provide Users with greater flexibility in routing orders consistent
with Regulation NMS without developing complicated order routing
strategies on their own. The Exchange believes that the proposed
routing option will also accomplish those ends by providing market
participants with an additional voluntary routing option that will
enable them to easily access liquidity available on all of the national
securities exchanges operated by BGM Affiliated Exchanges. The Exchange
expects the routing strategy will benefit firms that do not employ
routing or trading strategies under which the firm itself would rapidly
access liquidity provided on the multiple venues. ALLB would not
provide any advantage to Users when routing to the EDGA, BZX, or BYX as
compared to other methods of routing or connectivity available to Users
by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Lastly, the Exchange also notes that routing options enabling the
routing of orders between affiliated exchanges is not unique and that
the ALLB routing option is similar to routing options offered by other
exchange groups that permit routing between affiliates. Specifically,
the Nasdaq Stock Market LLC (``Nasdaq''), the Nasdaq OMX BX (``BX''),
Nasdaq OMX PSX (``PSX'') offer routing options that enable an order,
whether sent to Nasdaq, BX, or PSX, to check the Nasdaq, BX, and PSX
books for liquidity before optionally posting to the Nasdaq, BX, or PSX
book.\12\ In addition, BZX previously offered a variation of a
Destination Specific Order \13\ which routed to and executed by its
affiliate, BYX, known as the B2B routing.\14\ Therefore, the Exchange

believes the proposal removes impediments to and perfects the mechanism
of a free and open market and a national market system, and, in
general, protects investors and the public interest.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release Nos. 63900 (February
14, 2011), 76 FR 9397 (February 17, 2011) (SR-Nasdaq-2011-026);
65470 (October 3, 2011), 76 FR 62489 (October 7, 2011) (SR-BX-2011-
048); and 65469 (October 3, 2011), 76 FR 62486 (October 7, 2011)
(SR-Phlx-2011-108) (Notices of Filing and Immediate Effectiveness to
adopt the CART, BCRT, and PCRT routing options on Nasdaq, BX, and
PSX respectively). See also Nasdaq Rule 4758(a)(1)(A)(xi); BX Rule
4758(a)(1)(A)(vii); and PSX Rule 3315(a)(1)(A)(vii).
    \13\ See Exchange Rule 11.11(g)(14).
    \14\ See Securities Exchange Act Release No. 63146 (October 21,
2010), 75 FR 66170 (October 27, 2010) (SR-BATS-2010-030). The
Exchange notes that BYX offered similar routing capabilities to BZX.
See Securities Exchange Act Release No. 63299 (November 10, 2010),
75 FR 70325 (November 17, 2010) (SR-BYX-2010-005).
---------------------------------------------------------------------------

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, as amended. The
Exchange provides routing services in a highly competitive market in
which participants may avail themselves of a wide variety of routing
options offered by self-regulatory organizations, alternative trading
systems, other broker-dealers, market participants' own proprietary
routing systems, and service bureaus. In such an environment, system
enhancements such as the changes proposed in this rule filing do not
burden competition, because they can succeed in attracting order flow
to the Exchange only if they offer investors higher quality and better
value than services offered by others. Encouraging competitors to
provide higher quality and better value is the essence of a well-
functioning competitive marketplace.
    Lastly, ALLB would not provide any advantage to Users when routing
to the BZX, EDGA, or BYX as compared to other methods of routing or
connectivity available to Users by the Exchange. Therefore, the
Exchange does not believe the proposed rule change will result in any
burden on intermarket 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

    No comments were solicited or received on the proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \15\ and paragraph (f)(6) of
Rule 19b-4 thereunder.\16\ The Exchange has given the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange states that having this additional voluntary
routing option will give market participants greater flexibility in
routing orders and allow them to more easily access liquidity on BGM
Affiliated exchanges. In addition, the Exchange states that the
proposed rule change is similar to a routing option offered by other
exchanges and does not propose any new or unique functionality. Based
on the foregoing, the Commission believes that the waiver of the
operative delay is consistent with the protection of investors and the
public interest.\17\ Therefore, the Commission hereby waives the
operative delay and designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors; or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-EDGX-2015-53 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 No. SR-EDGX-2015-53. 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 No. SR-EDGX-2015-53, and should be
submitted on or before December 14, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29711 Filed 11-20-15; 8:45 am]
 BILLING CODE 8011-01-P