[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Page 11802]
[FR Doc No: 2019-05985]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0428]

Advisory Committee; Cellular, Tissue and Gene Therapies Advisory
Committee, Renewal

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; renewal of advisory committee.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
renewal of the Cellular, Tissue and Gene Therapies Advisory Committee
(Committee) by the Commissioner of Food and Drugs (the Commissioner).
The Commissioner has determined that it is in the public interest to
renew the Committee for an additional 2 years beyond the charter
expiration date. The new charter will be in effect until October 28,
2020.

DATES: Authority for the Cellular, Tissue and Gene Therapies Advisory
Committee will expire on October 28, 2018, unless the Commissioner
formally determines that renewal is in the public interest.

FOR FURTHER INFORMATION CONTACT: Prabhakara Atreya, Division of
Scientific Advisors and Consultants, Center for Biologics Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 71, Rm. 6306, Silver Spring, MD 20993;<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.65 and approval by
the Department of Health and Human Services pursuant to 45 CFR part 11
and by the General Services Administration, FDA is announcing the
renewal of the Committee. The Committee is a discretionary Federal
advisory committee established to provide advice to the Commissioner.
    The Committee advises the Commissioner or designee in discharging
responsibilities as they relate to helping to ensure safe and effective
drugs for human use and, as required, any other product for which FDA
has regulatory responsibility.
    The Committee reviews and evaluates available data relating to the
safety, effectiveness, and appropriate use of human cells, human
tissues, gene transfer therapies, and xenotransplantation products
which are intended for transplantation, implantation, infusion, and
transfer in the prevention and treatment of a broad spectrum of human
diseases and in the reconstruction, repair or replacement of tissues
for various conditions. The Committee also considers the quality and
relevance of FDA's research program which provides scientific support
for the regulation of these products, and makes appropriate
recommendations to the Commissioner.
    The Committee shall consist of a core of thirteen voting members
including the Chair. Members and the Chair are selected by the
Commissioner or designee from among authorities knowledgeable in the
fields of cellular therapies, tissue transplantation, gene transfer
therapies, and xenotransplantation (biostatistics, bioethics,
hematology/oncology, human tissues and transplantation, reproductive
medicine, general medicine and various medical specialties including
surgery and oncology, immunology, virology, molecular biology, cell
biology, developmental biology, tumor biology, biochemistry, rDNA
technology, nuclear medicine, gene therapy, infectious diseases, and
cellular kinetics). Members will be invited to serve for overlapping
terms of up to four years. Almost all non-Federal members of this
Committee serve as Special Government Employees. The core of voting
members may include one technically qualified member, selected by the
Commissioner or designee, who is identified with consumer interests and
is recommended by either a consortium of consumer-oriented
organizations or other interested persons. In addition to the voting
members, the Committee may include one non-voting member who is
identified with industry interests.
    Further information regarding the most recent charter and other
information can be found at https://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/BloodVaccinesandOtherBiologics/CellularTissueandGeneTherapiesAdvisoryCommittee/default.htm or by
contacting the Designated Federal Officer (see FOR FURTHER INFORMATION
CONTACT). In light of the fact that no change has been made to the
Committee name or description of duties, no amendment will be made to
21 CFR 14.100.
    This document is issued under the Federal Advisory Committee Act (5
U.S.C. app.). For general information related to FDA advisory
committees, please visit us at https://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: March 22, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-05985 Filed 3-27-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12673-12674]
[FR Doc No: 2023-04023]

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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
rate filings:

    Docket Numbers: ER21-2635-001.
    Applicants: Hecate Energy Johanna Facility LLC.
    Description: Notice of Change in Status of Hecate Energy Johanna
Facility LLC.
    Filed Date: 2/17/23.
    Accession Number: 20230217-5236.
    Comment Date: 5 p.m. ET 3/10/23.

    Docket Numbers: ER22-1205-002.
    Applicants: Evergy Kansas Central, Inc.
    Description: Compliance Filing to December 21, 2022 Order of Evergy
Kansas Central, Inc.
    Filed Date: 2/17/23.
    Accession Number: 20230217-5237.
    Comment Date: 5 p.m. ET 3/10/23.

    Docket Numbers: ER23-510-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2023-02-21_SA 3740 Deficiency
Response for J1421 1st Rev GIA (J1421) to be effective 1/30/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5304.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1141-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6799; Queue No. AD1-013 to be effective 1/20/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5103.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1142-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6802; Queue No. AE2-214 to be effective 1/20/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5136.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1143-000.
    Applicants: Narragansett Electric Company.
    Description: The Narragansett Electric Company submits Notice of
Cancellation of the Interconnection Agreement with Northeast Energy
Associates Bellingham Facility.
    Filed Date: 2/14/23.
    Accession Number: 20230214-5206.
    Comment Date: 5 p.m. ET 3/7/23.

    Docket Numbers: ER23-1144-000.
    Applicants: Southwestern Public Service Company.
    Description: Sec.  205(d) Rate Filing: LP&L Settlement Filing to be
effective 4/23/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5189.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1145-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, SA No.
6307 and ICSA, SA No. 6308; Queue No. AD2-093 to be effective 4/24/
2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5219.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1146-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Navajo Tribal Utility
Authority--NITSA Rev 1 to be effective 2/15/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5234.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1147-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-02-21_SA 3371 SIGE-
Crescent City Solar 1st Rev GIA (J856) to be effective 2/10/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5253.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1148-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA/CSA, Service
Agreement Nos. 6683/6684; Queue No. AD2-096 to be effective 1/20/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5259.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1149-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original NSA, SA No. 6796;
Queue No. AA1-034 to be effective 1/19/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5261.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1150-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA/CSA, Service
Agreement Nos. 6681/6682; Queue No. AD2-092 to be effective 12/31/9998.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5264.
    Comment Date: 5 p.m. ET 3/14/23.

    Docket Numbers: ER23-1151-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NYISO 205 filing of
revisions re: responsibilities for NUFs to be effective 4/23/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5278.
    Comment Date: 5 p.m. ET 3/14/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings

can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: February 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-04023 Filed 2-27-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58847-58848]
[FR Doc No: 2014-23200]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-79]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and

must be received on or before October 20, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0658 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nia Daniels,<PHONE_NUMBER>. 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on September 19, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2014-0658.
    Petitioner: Salmon, Raymond A.
    Section of 14 CFR Affected: 121.436(a)(3).
    Description of Relief Sought: Raymond A. Salmon seeks an exemption
from 14 CFR part 121 to allow experience gained as pilot in command
under 14 CFR part 121 prior to July 31, 2013, to count towards the
experience requirements of 14 CFR 121.436(a)(3), even though he was not
serving as a pilot in command in part 121 operations on July 31, 2013.

[FR Doc. 2014-23200 Filed 9-29-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 6, 2008 (Volume 73, Number 216)]
[Notices]
[Page 66037-66038]
[DOCID:fr06no08-35]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0222; FRL-8739-4]

Agency Information Collection Activities: Submission to OMB for
Review and Approval; Comment Request; Air Pollution Regulations for
Outer Continental Shelf (OCS) Activities (Renewal); EPA ICR No.
1601.07; OMB Control No. 2060-0249

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before December 8,
2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0222, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Mailcode: 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Shao-Hang Chu, Air Quality Policy
Division, Office of Air Quality Planning and Standards, (C539-04),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On April 29, 2008 (73 FR 23249), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2008-0222, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket and Information Center in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for
the Air and Radiation Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Air Pollution Regulations for Outer Continental Shelf (OCS)
Activities (Renewal).
    ICR Numbers: EPA ICR No. 1601.07, OMB Control No. 2060-0249.
    ICR Status: This ICR is scheduled to expire on January 31, 2009.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: Section 328 (Air Pollution from Outer Continental Shelf
Activities) of the Clean Air Act (CAA), as amended in 1990, gives EPA
responsibility for regulating air pollution from OCS sources located
offshore of the states along the Pacific, Arctic, and Atlantic Coasts,
and along the eastern Gulf of Mexico coast (off the coast of Florida).
The U.S. Department of Interior's Minerals Management Service (MMS)
retained the responsibility for regulating air pollution from sources
located in the western Gulf of Mexico. To comply with the requirements
of section 328 of the CAA, EPA, on September 4, 1992 at 57 FR 40792,
promulgated regulations to control air pollution from OCS sources in
order to attain and maintain federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. Sources located within 25 miles of a state's seaward boundary must
comply with the same state/local air pollution control requirements as
would be applicable if the source were located in the corresponding
onshore area (COA). Sources located more than 25 miles from a state's
seaward boundary (25 mile limit) must comply with EPA air pollution
control regulations. The regulations are codified as part 55 of chapter
I of title 40 of the CFR. On September 2, 1997, EPA made two court-
ordered revisions to the regulations.
    This ICR addresses the information collection burden (i.e., hours
and costs) to industry respondents who are subject to the reporting,
recordkeeping, and testing requirements of the OCS air regulations.
Industry respondents include owners or operators of existing and new or
modified stationary sources. Since the OCS Air Regulations essentially
extend the coverage of other regulations, the data and information
requirements associated with the regulations will vary depending on the
underlying regulations. For example, sources located within a 25-mile
limit off the coast of a nonattainment area will generally have more
stringent New Source Review (NSR) regulations than those locating off
the coast of an attainment area. The data and information requirements
will also vary depending on the size and type of source. The
exploration sources are generally smaller sources and not subject to
the permit requirements of larger sources.
    This ICR also addresses the burden to the agencies who are
responsible for implementing and enforcing the OCS regulations. The EPA
has delegated the authority to implement and enforce the OCS
regulations for sources located off the coast of California to four
local air pollution control agencies: Santa Barbara County Air
Pollution Control District (SBCAPCD); South Coast Air Quality
Management District (SCAQMD); Ventura County Air Pollution Control
District (VCAPCD);

and San Luis Obispo County Air Pollution Control District (SLOAPCD).
The EPA implements and enforces the regulations for all other sources
under its authority.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 112
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: Entities potentially affected by
this action are all outer continental shelf sources except those
located in the Gulf of Mexico west of 87.5 degrees longitude (near the
border of Florida and Alabama). For sources located within 25 miles of
States' seaward boundaries, the requirements are the same as those that
would be applicable if the source were located in the corresponding
onshore area. In States affected by this rule, State boundaries extend
three miles from the coastline, except off the coast of the Florida
Panhandle, where the State's boundary extends three leagues (about nine
miles) from the coastline.
    Estimated Number of Respondents: 65.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 30,797.
    Estimated Total Annual Cost: $42,756, which includes $9,506
annualized capital/startup costs and $33,250 annual O&M costs.
    Changes in the Estimates: There is a decrease of 3,227 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease is due to the projected changes in
the mix and type of sources projected to occur in the upcoming
clearance period. Most notably, there is a significant increase in the
number of exploratory wells under EPA authority and the addition of
eight alternative energy projects. In contrast, the number of existing
development/production wells under EPA jurisdiction has been changed
from 15 to 0 in the upcoming period. However, we project that costs
will increase because the estimates have been calculated using 2007
dollars and some assumptions regarding overhead, O&M costs, and capital
costs have been adjusted to meet current guidelines and common
procedures for preparing ICRs.

    Dated: October 31, 2008.
Deborah Williams,
Acting Director, Collection Strategies Division.
[FR Doc. E8-26499 Filed 11-5-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Rules and Regulations]
[Pages 58600-58601]
[FR Doc No: 2019-23318]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0371; Airspace Docket No. 17-ANM-6]
RIN 2120-AA66

Amendment of Class E Airspace; Wray, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Wray Municipal Airport, Wray, CO, to
accommodate new area navigation (RNAV) procedures at the airport. This
action is necessary for the safety and management of instrument flight
rules (IFR) operations at the airport. Additionally, this action
removes Class E airspace extending upward from 1,200 feet above the
surface at Wray Municipal Airport, Wray, CO. This airspace is wholly
contained within the Denver en route airspace area and duplication is
not necessary.

DATES: Effective 0901 UTC, January 30, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
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 would amend Class E airspace to support new RNAV procedures at
Wray Municipal Airport, Wray, CO.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 27044; June 11, 2019) for Docket No. FAA-2019-0371 to
amend Class E airspace extending upward from 700 feet above the surface
at Wray Municipal Airport, Wray, CO. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2018, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace extending upward from 700 feet above
the surface at Wray Municipal Airport, Wray, CO, to within 1 mile each
side of the 180[deg] bearing extending from the 6.5 mile radius to 11
miles south of the airport and 2 miles each side of the 360[deg]
bearing extending from the 6.5 mile radius to 10.8 miles north of the
airport. Additionally, this action removes Class E airspace extending
upward from 1,200 feet above the surface at Wray Municipal Airport,
Wray, CO. This airspace is wholly contained within the Denver en route
airspace area and duplication is not necessary.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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 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.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM CO E5 Wray, CO

Wray Municipal Airport
    (Lat. 40[deg]06'01'' N, long. 102[deg]14'28'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5 mile radius of the airport, and within 1 mile each side
of the 180[deg] bearing extending from the 6.5 mile radius to 11
miles south of the airport, and within 2 miles each side of the
360[deg] bearing extending from the 6.5 mile radius to 10.8 miles
north of the Wray Municipal Airport.

    Issued in Seattle, Washington, on October 18, 2019.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2019-23318 Filed 10-31-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15159-15160]
[FR Doc No: 2020-05391]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC20-11-000]

Commission Information Collection Activities; Comment Request for
Generic Clearance for the Collection of Qualitative Feedback on
Commission Service Delivery

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
information collection, FERC-153, ``Generic Clearance for the
Collection of Qualitative Feedback on Commission Service Delivery''.

DATES: Comments on the collection of information are due May 18, 2020.

ADDRESSES: You may submit comments (identified by Docket No. IC20-11-
000) by either of the following methods:
     eFiling at Commission's website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-153, Generic Clearance for the Collection of
Qualitative Feedback on Commission Service Delivery.
    OMB Control No.: 1902-0293.
    Type of Request: Generic information collection.
    Abstract: This information collection provides a means to garner
qualitative customer and stakeholder feedback in an efficient, timely
manner, in accordance with the Administration's commitment to improving
service delivery. By qualitative feedback, we mean data that provides
useful insights on perceptions and opinions but are not statistical
surveys that yield quantitative results that can be generalized to the
population of study. This feedback will provide insights into customer
or stakeholder perceptions, experiences, and expectations, provide an
early warning of issues with service, or focus attention on areas where
communication, training or changes in operations might improve delivery
of products or services. This collection will allow for ongoing,
collaborative and actionable communications between FERC and its
customers and stakeholders. It will also allow feedback to contribute
directly to the improvement of program management.
    The solicitation of feedback will target areas such as: Timeliness,
appropriateness, accuracy of information, courtesy, efficiency of
service delivery, and resolution of issues with service delivery.
Responses will be assessed to plan and inform efforts to improve or
maintain the quality of service offered to the public. If this
information is not collected, vital feedback from customers and
stakeholders on the Commission's services will be unavailable.
    The Commission will only submit a collection for approval under
this generic clearance if it meets the following conditions:
     The collections are voluntary;
     The collections are low burden for respondents (based on
considerations of total burden hours, total number of respondents, or
burden hours per respondent) and are low-cost for both the respondents
and the Federal Government;
     The collections are non-controversial and do not raise
issues of concern to other Federal agencies;
     The collection is targeted to the solicitation of opinions
from respondents who have experience with the program or may have
experience with the program soon;
     Personal identifiable information (PII) is collected only
to the extent necessary and is not retained;
     Information gathered is intended to be used only
internally for general service improvement and program management
purposes and is not intended for release outside of the Commission (if
released, the Commission must indicate the qualitative nature of the
information);
     Information gathered will not be used for the purpose of
substantially informing influential policy decisions; and
     Information gathered will yield qualitative information;
the collections will not be designed or expected to yield statistically
reliable results or used as though the results are generalizable to the
population of study.
    Feedback collected under this generic clearance provides useful
information, but it does not yield data that can be generalized to the
overall population. This type of generic clearance for qualitative
information will not be used for quantitative information collections
that are designed to yield reliably actionable results, such as
monitoring trends over time or documenting program performance. Such
data uses require more rigorous designs that address: The target
population to which generalizations will be made, the sampling frame,
the sample design (including stratification and clustering), the
precision requirements or power calculations that justify the proposed
sample size, the expected response rate, methods for assessing
potential non-response bias, the protocols for data collection, and any
testing procedures that were or will be undertaken prior to fielding
the study.
    As a general matter, this information collection will not result in
any new system of records containing privacy information and will not
ask questions

of a sensitive nature, such as sexual behavior and attitudes, religious
beliefs, and other matters that are commonly considered private.
    This information collection is subject to the PRA. The Commission
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless it is approved by the OMB under the PRA and displays
a currently valid OMB Control Number. In addition, notwithstanding any
other provisions of law, no person shall generally be subject to
penalty for failing to comply with a collection of information which
does not display a valid OMB Control Number. See 5 CFR 1320. OMB
authorization for an information collection cannot be for more than
three years without renewal.
    Type of Respondents/Affected Public: Individuals and households;
Businesses or other for-profit and not-for-profit organizations; State,
Local, or Tribal government.
    Estimate of Annual Burden: \1\ The Commission estimates the annual
public reporting burden and cost for the information collection as:
---------------------------------------------------------------------------

    \1\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 Code of Federal Regulations 1320.3.
    \2\ 1,500 hours = 90,000 minutes.

                                                 FERC-153, Estimated Annual Burden for Generic Clearance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Number of
                                              Number of      responses per   Total number of   Average burden minutes per        Total burden hours
                                             respondents       respondent       responses               response
                                                      (1)              (2)   (1) * (2) = (3)  (4).........................  (3) * (4) = (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Generic Clearance........................          15,000                1           15,000   6 minutes...................  \2\ 1,500 hours.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's estimate of the burden of
the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology; and (e) estimates of capital or start-
up costs and costs of operation, maintenance, and purchase of services
to provide information.

    Dated: March 10, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-05391 Filed 3-16-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Pages 70261-70268]
[FR Doc No: 2015-28811]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76390; File No. SR-NSX-2015-05]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Amending Rule 11.1, Hours of
Trading, To Rescind Interpretations and Policies .01, ``Cessation of
Trading Operations on NSX;'' Adopting Rule 11.25 Relating to Use of
Market Data Feeds; Amending NSX Rule 11.13 Relating to the Order
Delivery Mode of Order Interaction; Amending NSX Rule 11.11 To Remove
Certain Order Types and Correct Technical Deficiencies in the Numbering
of Certain Sections of the Rule; and Amending Rule 11.12, Cross Message
and Making Conforming Amendments to NSX Rules 11.11(c) and 16.2

November 9, 2015.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (the ``Exchange Act'' or ``Act'') \1\ and Rule
19b-4 thereunder,\2\ notice is hereby given that on November 3, 2015,
National Stock Exchange, Inc. (``NSX[supreg]'' or the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change, as described in Items I and II below, which
Items have been substantially prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the

proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is proposing to amend NSX Rule 11.1, Hours of Trading,
to rescind Interpretations and Policies .01, ``Cessation of Trading
Operations on NSX.'' The Exchange is also proposing to: (i) Adopt new
Rule 11.25, Use of Market Data Feeds; (ii) amend NSX Rule 11.13 and
Interpretations and Policies .01 with respect to the order delivery
mode of order interaction with the Exchange's trading system (``Order
Delivery''); (iii) amend NSX Rule 11.11, Orders and Modifiers, to
remove descriptions of certain order types that the Exchange will not
offer upon a resumption of trading and to correct technical
deficiencies in the numbering of certain subparagraphs of the rule; and
(v) amend Rule 11.12, Cross Message, to delete the rule in its entirety
and make conforming amendments to NSX Rules 11.11(c) and 16.2.
    The text of the proposed rule change is available on the Exchange's
Web site at www.nsx.com, at the Exchange's principal office, and at the
Commission's public reference room.

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

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

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

1. Purpose
    NSX, a corporation organized under the laws of the State of
Delaware,\3\ is a registered national securities exchange under Section
6 of the Exchange Act \4\ and operates as a self-regulatory
organization governed by the requirements of Section 19 of the Exchange
Act.\5\ The Exchange is filing this rule proposal to rescind
Interpretations and Policies .01 of Rule 11.1 (hereinafter referred to
as ``I&P.01''), ``Cessation of Trading Operations on the Exchange.''
I&P.01 currently states that, as of the close of business on May 30,
2014 (the ``Closing Date''), NSX shall cease trading activity on its
trading system (the ``System''); \6\ that all NSX Rules will remain in
full force and effect through and after the Closing Date; and that the
Exchange shall file a proposed rule change pursuant to Rule 19b-4 of
the Exchange Act prior to any resumption of trading on the Exchange
pursuant to Chapter XI (Trading Rules).\7\ Rescinding I&P.01 will
permit the Exchange to resume trading activity on the System as soon as
practicable after the instant rule amendment is operative, thereby
restoring NSX to its status as an operating, all-electronic national
securities exchange as it had been for many years prior to ceasing
trading operations
---------------------------------------------------------------------------

    \3\ NSX was founded in 1885 as the Cincinnati Stock Exchange and
changed its name to ``National Stock Exchange'' in 2003. See
Securities Exchange Act Release No. 48774 (November 12, 2003), 68 FR
65332 (November 19, 2003) (SR-CSE-2003-12). In 2006, the Exchange
de-mutualized and changed its corporate organizational structure
from a non-stock, not-for-profit Ohio corporation to a Delaware for-
profit stock corporation. See Securities Exchange Act Release No.
53963 (June 8, 2006), 71 FR 34660 (June 15, 2006) (SR-NSX-2006-03).
    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78s.
    \6\ Exchange Rule 1.5S.(4) defined the term ``System'' as ``. .
. the electronic securities communications and trading facility
designated by the Board [of Directors] through which orders . . .
are consolidated for ranking and execution.''
    \7\ See Securities Exchange Act Release No. 72107 (May 6, 2014),
79 FR 27017 (May 12, 2014) (SR-NSX-2014-14).
---------------------------------------------------------------------------

    In connection with the proposed resumption of trading on the
System, the Exchange is proposing several other rule amendments.
Specifically, the Exchange is proposing in new Rule 11.25 to describe
the Exchange's use of certain data feeds for order handling and
execution, order routing and regulatory compliance. The Exchange is
also proposing amendments to: (i) Rule 11.11 to eliminate the Double
Play and Auto-Ex Only Order types; (ii) Rule 11.13 and the
Interpretations and Policies under the rule to eliminate rule text
relating to Order Delivery; and (iii) Rule 11.16, Cross Message, to
rescind the rule text in its entirety. The Exchange is further
proposing non-substantive or conforming amendments to Rules 11.11 and
16.2.
    The details of these proposed rule changes are discussed below.
Proposed Resumption of Trading on NSX
    At the time that NSX ceased trading operations, the Exchange
operated as a wholly-owned subsidiary of CBOE Stock Exchange, LLC
(``CBSX'').\8\ Thereafter, on February 13, 2015,\9\ the Commission
issued an Order granting its approval of a transaction in which
National Stock Exchange Holdings, Inc. (``NSX Holdings''), a Delaware
corporation, purchased all of the outstanding shares of NSX from the
CBSX (the ``Approval Order''). The Commission noted in the Approval
Order that ``[t]he Exchange is, and will remain, registered as a
national securities exchange under Section 6 of the Act \10\ and a
self-regulatory organization [``SRO''] . . . as defined in [S]ection
3(a)(26) of the Act \11\after the Closing [of the Transaction].'' The
Commission further noted that ``. . . [t]he Exchange states that it
plans to reopen its trading operations as soon as practicable after the
Closing and plans to operate the Exchange using its existing . . .
[S]ystem pursuant to the rules of the Exchange currently in effect . .
. .''\12\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 66071 (December 29,
2011); 77 FR 521 (January 5, 2012)(SR-CBOE-2011-107 and SR-NSX-2011-
14), Order Granting Accelerated Approval to Proposed Rule Changes in
Connection with the Proposed Acquisition of the National Stock
Exchange, Inc. by the CBOE Stock Exchange, LLC.
    \9\ See Securities Exchange Act Release No. 74270 (February 13,
2015), 80 FR 9286 (February 20, 2015) (SR-NSX-2014-017), Order
Granting Approval of Proposed Rule Change in Connection With a
Proposed Transaction in Which National Stock Exchange Holdings, Inc.
Will Acquire Ownership of the Exchange from the CBOE Stock Exchange,
LLC. The Approval Order described in detail, inter alia, the
ownership structure of the Exchange upon its acquisition by NSX
Holdings and the requirement that NSX Holdings give due regard to
the preservation of the independence of the Exchange's self-
regulatory function.
    \10\ See 15 U.S.C. 78f.
    \11\ See 15 U.S.C. 78s.
    \12\ See Order Granting Approval of Proposed Rule Change in
Connection With a Proposed Transaction in Which National Stock
Exchange Holdings, Inc. Will Acquire Ownership of the Exchange from
the CBOE Stock Exchange, LLC, 80 FR at 9287.
---------------------------------------------------------------------------

    After the Closing of the Transaction up to the date of the instant
rule filing, the Exchange has continued to discharge its applicable SRO
responsibilities in anticipation of resuming trading operations on the
Exchange. Specifically, as outlined below, the Exchange has continued
as a party to the National Market System (``NMS'') Plans \13\ and has
updated its

rules as appropriate.\14\ The Exchange also filed with the Commission
an amendment to NSX Rule 2.5, Application Procedures for an ETP Holder
or to become an Associated Person of an ETP Holder, adding
Interpretations and Policies .01, Expedited Process for Reinstatement
as an ETP Holder.\15\ The amendment provided an expedited procedure,
available for a period of 90 days from the date the rule amendment
became operative, for ETP Holders in good standing as of the close of
business on May 30, 2014 to reinstate their status as such and to
register Associated Persons.\16\
---------------------------------------------------------------------------

    \13\ See, e.g., Securities Exchange Act Release No. 74323
(February 19, 2015), 80 FR 10169 (February 25, 2015) (File No. 4-
631), Order Approving the Eighth Amendment to the National Market
System Plan to Address Extraordinary Market Volatility (the ``Limit
Up-Limit Down Plan''); Securities Exchange Act Release No. 75192
(June 17, 2015), 80 FR 36028 (June 23, 2015) (File No. 4-668), Order
Approving Amendment No. 1 to the National Market System Plan
Governing the Process of Selecting a Plan Processor and Developing a
Plan for the Consolidated Audit Trail; Securities Exchange Act
Release No. 75505 (July 22, 2015), 80 FR 45254 (July 29, 2015) (File
No. S7-24-89), Order Approving Amendment No. 35 to the Joint Self-
Regulatory Organization Plan Governing the Collection, Consolidation
and Dissemination of Quotation and Transaction Information for
Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading
Privileges Basis; Securities Exchange Act Release No. 75504 (July
22, 2015), 80 FR 45252 (July 29, 2015) (SR-CTA/CQ 2015-01), Order
Approving the Twenty Second Substantive Amendment to the Second
Restatement of the CTA Plan and Sixteenth Substantive Amendment to
the Restated CQ Plan; Securities Exchange Act Release No. 75660
(August 11, 2015), 80 FR 48940 (August 14, 2015), (SR-CTA-2015-02),
Order Approving the Twenty Third Substantive Amendment to the Second
Restatement of the CTA Plan; Securities Exchange Act Release No
75980 (September 25, 2015), 80 FR 58796 (September 30, 2015),Order
Approving Amendment No. 2 to the National Market System Plan
Governing the Process of Selecting a Plan Processor and Developing a
Plan for the Consolidated Audit Trail.
    \14\ See Securities Exchange Act Release No. 72434 (June 19,
2014), 79 FR 36110 (June 25, 2014) (SR-NSX-2014-08), Order Granting
Approval of Proposed Rule Changes Relating to Clearly Erroneous
Executions; Securities Exchange Act Release No. 72914 (August 26,
2014), 79 FR 52089 (September 2, 2014) (SR-NSX-2014-16), Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Amend
Rule 15.5 to Provide Additional Clarity and Precision, Correct
Certain Citations, and Align the Rule with the Rules of Other
Exchanges With Respect to the Original and Continued Listing
Standards for Issuers' Compensation Committees; Securities Exchange
Act Release No. 75355 (July 2, 2015), 80 FR 39460 (July 9, 2015)
(SR-NSX-2015-03), Notice of Filing and Immediate Effectiveness of
Proposed Rule Change to Amend Rule 4.3, Record of Written
Complaints; Securities Exchange Act Release No. 75554 (July 30,
2015), 80 FR 46620 (August 5, 2015) (SR-NSX-2015-04), Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Amending
Exchange Rule 11.21, Short Sales, to Describe the Exchange's
Implementation of Rule 201 of Regulation SHO Under the Securities
Exchange Act of 1934 and Relocate Certain Text from Rule 11.11,
Orders and Modifiers; and Amending Rule 13.2 to Incorporate By
Reference Rules 200,203 and 204 of Regulation SHO.
    \15\ The term ``ETP Holder'' refers to registered brokers or
dealers that have been issued an Equity Trading Permit by the
Exchange for effecting approved securities transactions on the
Exchange's trading facilities. See Exchange Rule 1.5E.(1).
    \16\ See Securities Exchange Act Release No. 75098 (June 3,
2015), 80 FR 32644 (June 9, 2015) (SR-NSX-2015-02).
---------------------------------------------------------------------------

    As noted above, the Exchange will operate using the existing System
and pursuant to the rules in effect. The Exchange has maintained the
System's operability and has not made any modification to the System's
functionality, except to the extent necessary to comply with regulatory
requirements.\17\ The functionality relating to order entry and
execution, order routing, clearance and settlement and market data
distribution, as further described below, remains the same. The
Exchange does not currently list any securities and trades equity
securities on an Unlisted Trading Privileges basis.\18\
---------------------------------------------------------------------------

    \17\ For example, the Exchange has made System changes to comply
with the new timestamp requirements under the July 2015 amendments
to the UTP Plan and the Consolidated Tape and Consolidated Quote
Plans. See footnote 13, above.
    \18\ See NSX Rule 15.9.
---------------------------------------------------------------------------

    The Exchange has implemented and continues to execute a rigorous
testing process, including tests with industry participants, to assure
that all components of the System function effectively, that the
Exchange has full operational capability to re-open its marketplace for
the trading of equity securities, and that the Exchange will operate in
compliance with all applicable rules and regulations. This testing plan
included three weekend tests of NSX's interfaces with the securities
information processors, or ``SIPs'' (i.e., the Consolidated Quote
System or ``CQS;'' the Consolidated Tape System or ``CTS;'' the UTP
Quotation Data Feed, or ``UQDF;'' and the UTP Trade Data Feed, or
``UTDF''). These tests, which were completed on August 29, 2015,
confirmed that NSX will be ready to receive quote and trade data and
relevant national market system plan information from, and transmit its
quote and trade information to, the securities information processors
when it resumes trading operations on the System.
    The Exchange also tested for proper functioning of client
communication systems with NSX, client order entry connections, and
depth of book. Moreover, the Exchange tested its matching engines,
market data, trade reporting, quote publication and trade messages, and
clearing systems. The tests were conducted with actual market data and
clearing data. The Exchange has also re-certified its connection with
the Depository Trust & Clearing Corporation (``DTCC'') to assure
complete and accurate trade clearing and settlement functions.
    The Exchange has also performed a thorough review of the hardware
and software components of the System and has resumed the production
status of the System on a daily basis. Furthermore, the Exchange made
enhancements to its connectivity and certification processes. The
Exchange has created an automated certification process, providing ETP
Holders and Users with a more efficient process of connecting to the
System. The Exchange has also made enhancements to certain internal
processes and monitoring tools. These enhancements include a message
bus upgrade and security master file upgrade. The Exchange has also
enhanced its System monitoring tools to provide for more effective
monitoring of System health to allow quicker response within operations
support.
    Having conducted these tests and made these enhancements and upon
receiving regulatory approval to resume trading on the System, the
Exchange will execute a staged roll-out plan to reach full operational
capacity.\19\ Beginning one week and one day prior to the date trading
will resume on the System, the Exchange will test the System using only
test symbols. On the first day of trading the Exchange will allow for
trading in symbols within a defined alphabetic range (for example,
symbols within the letter range X-Z). After three days of trading in
this range, the Exchange will activate trading in additional symbols
within an alphabetic range (for example, adding symbols within the
letter range A-K). Two days later the Exchange will activate trading in
all remaining symbols and be fully operational. The Exchange will
provide ETP Holders with advance notice of the dates and the symbol
ranges that will comprise the staged roll-out.
---------------------------------------------------------------------------

    \19\ The Exchange will issue a notice to ETP Holders with the
precise details of the roll-out plan prior to initiating the plan.
---------------------------------------------------------------------------

    The Exchange will also take affirmative steps to assure that the
date that it intends to resume trading operations is communicated
broadly to market participants and to the investing public.
Specifically, the Exchange has a target date of on or about December 1,
2015 to resume trading operations on the System. The Exchange will
provide timely written notice of the date and other information
concerning its resumption of trading operations directly to the
following parties: (1) ETP Holders; (2) other national securities
exchanges that trade NMS securities; (3) the SIPs; and, (4) the
operating committees for the various NMS plans (e.g., the Consolidated
Tape Association Plan/Consolidated Quote Plan; the Plan Governing the
Collection, Consolidation and Dissemination of Quotation and
Transaction Information for Nasdaq-Listed Securities Traded on
Exchanges on an Unlisted Trading Privileges Basis;

and the Plan to Address Extraordinary Market Volatility). Furthermore,
the Exchange will provide timely notice to the public as a whole by way
of widely-disseminated press releases issued by the Exchange and
notification through the Exchange's Web site and through communications
with financial and industry press.
    As required by Section 6(b)(1) of the Act,\20\ the Exchange has the
capacity to be able to carry out the purposes of the Act and to comply
and to enforce compliance by ETP Holders and persons associated with
ETP Holders, with the provisions of the Act, the rules and regulations
thereunder, and the rules of the Exchange. The Exchange has the
financial, technology and staff resources to effectively surveil its
marketplace and to regulate ETP Holders' trading on NSX upon the
resumption of trading operations on the System. The Exchange will
continue to regularly assess its regulatory resources to assure that
they continue to be sufficient to discharge its SRO responsibilities.
The Exchange notes that, throughout the period from the date that it
ceased trading operations through the date of the instant rule filing,
it has continued to be a party to certain 17d-2 Plans for the
Allocation of Regulatory Responsibilities pursuant to Section 17(d)(1)
of the Exchange Act \21\ and Rules 17d-1 and 17d-2 thereunder,\22\
specifically the 17d-2 Plan relating to the surveillance, investigation
and enforcement of insider trading rules \23\ and the 17d-2 Plan
relating to Regulation NMS Rules.\24\ The Exchange will continue as a
party to these plans going forward.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78(f)(b)(1).
    \21\ 15 U.S.C. 78q(d)(1).
    \22\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \23\ See Securities Exchange Act Release No. 65991 (December 16,
2010), 76 FR 79714 (December 22, 2011) (File No. 4-566), Notice of
Filing and Order Approving and Declaring Effective an Amendment to
the Plan for the Allocation of Regulatory Responsibilities . . .
Relating to the Surveillance, Investigation, and Enforcement of
Insider Trading Rules.
    \24\ See Securities Exchange Act Release No. 63430 (December 3,
2010), 75 FR 76758 (December 9, 2010) (File No. 4-618), Order
Approving and Declaring Effective a Plan for the Allocation of
Regulatory Responsibilities . . . Relating to Regulation NMS Rules.
---------------------------------------------------------------------------

    In summary, since ceasing trading operations on the System as of
the close of business on May 30, 2014, the Exchange (i) continued to
maintain the operability of the System; (ii) implemented and
successfully executed a rigorous internal testing program to assure
that the System will function as designed and subject to NSX rules in
effect; (iii) successfully tested connectivity to the securities
information processors and to DTCC; (iv) continued to discharge its SRO
responsibilities through, among other things, remaining a party to NMS
plans and in the multi-party 17d-2 plans for insider trading
surveillance and certain Regulation NMS requirements; and (v) amended
its rules to keep current with industry regulatory initiatives (e.g.,
amendments to the market-wide rules governing clearly erroneous
executions), and is proposing additional rule changes in the instant
rule proposal, described below, that will align with the System's
functionality when trading operations resume. Further, the Exchange has
sufficient financial, technology and staff resources to effectively
regulate ETP Holder activity in the NSX marketplace and meet its
compliance obligations under the Act.
    In view of the foregoing, the Exchange is positioned to
successfully reopen its marketplace for the trading of equity
securities and accordingly is proposing to rescind I&P.01 to allow the
NSX to resume trading operations as soon as practicable after the
instant rule proposal becomes operative.
Adoption of NSX Rule 11.25
    The Exchange is proposing to adopt NSX Rule 11.25 to describe the
sources of market data used for purposes of order handling and
execution, order routing, and regulatory compliance. Paragraph (a) of
the proposed Rule will specify which data feeds the Exchange utilizes
for the handling, execution, and routing of orders, as well as for
surveillance necessary to monitor compliance with applicable securities
laws and Exchange rules. Proposed paragraph (b) will state that the
Exchange may adjust its calculation of the NBBO based on information
about orders sent to other venues with protected quotations, execution
reports received from those venues, and certain orders received by the
Exchange. With this rule and other functionalities in place, the system
will use market data as follows.
Order Handling and Execution
    In order to calculate the national best bid and offer (``NBBO'')
\25\ the Exchange uses only SIP data disseminated through CQ and UQDF
for all exchanges. NSX does not use any exchange's proprietary data
feeds. The Exchange does not include its own quotes in the calculation
of the Exchange's NBBO because the system is designed such that all
incoming orders are separately compared to the Exchange's Protected
Best Bid or Offer (``PBBO'') \26\ and the Exchange-calculated NBBO,
which together create a complete view of the NBBO, prior to order
display, execution, or routing.
---------------------------------------------------------------------------

    \25\ NSX Rule 1.5P.(2) defines the ``Protected NBBO'' as the
national best bid or offer that is a protected quotation.
    \26\ NSX Rule 1.5P.(3) defines the ``Protected BBO'' as the
Protected NBBO or the displayed Top of Book on NSX.
---------------------------------------------------------------------------

    The Exchange offers three types of ``pegged'' Zero Display Reserve
Orders, which may be ``pegged'' to the buy-side of the PBBO, the sell-
side of the PBBO or the midpoint of the PBBO.\27\ The System calculates
the PBBO using the quotes from the SIPs, excluding quotes disseminated
by the SIPs that originated from the NSX Book.\28\
---------------------------------------------------------------------------

    \27\ See NSX Rule 11.11(c)(2)(A).
    \28\ NSX Rule 1.5N.(1) defines the NSX Book as the System's
electronic file of orders.
---------------------------------------------------------------------------

Order Routing
    When the Exchange has a marketable order eligible to be routed and
the System identifies that there is no matching price available on the
Exchange, but there is a matching price represented at another trading
center displaying protected quotes, the System will cause the order to
be routed to that trading center. The Exchange uses data received from
the SIPs to update the System's calculation of the NBBO for purposes of
routing decisions.
Regulatory Compliance
    Locked or Crossed Markets: The System determines whether the
display of an order would lock or cross the market. At the time an
order is entered into the System, it will establish, based upon its
calculation of the NBBO from SIP feeds, whether the order will lock or
cross the prevailing NBBO for a security. In the event that the order
would produce a locking or crossing condition, the System will cancel
the order or route the order based on the ETP Holder's order handling
instructions.
    Pursuant to Regulation NMS, a declaration of self-help can occur
when an exchange displaying protected quotes is slow, as defined in
Regulation NMS, or non-responsive to the Exchange's routed orders. In
this circumstance, according to Rule 611(b) of Regulation NMS,\29\ the
Exchange may declare self-help against that exchange and display a
quotation that may lock or cross the market that the Exchange invoked
self-help against.\30\ The Exchange may also

declare self-help where another exchange's SIP quotes are slow or non-
responsive resulting in a locked or crossed market. Once the Exchange
declares self-help, the System will ignore the quotes generated from
that exchange in its calculation of the NBBO for execution and routing
determinations in compliance with Regulation NMS. The Exchange will
also disable all routing to that exchange. However, the System will
continue to receive and process that exchange's quotes in order to
immediately include the quote in the NBBO calculation and enable
routing once self-help is revoked.
---------------------------------------------------------------------------

    \29\ See 17 CFR 242.611.
    \30\ See also Question 5.03 in the ``Division of Trading and
Markets, Responses to Frequently Asked Questions Concerning Rule 611
and Rule 610 of Regulation NMS'' (last updated April 4, 2008)
available at http://www.sec.gov/divisions/marketreg/nmsfaq610-11.htm.
---------------------------------------------------------------------------

    Order Protection Rule: Pursuant to Rule 611 of Regulation NMS,\31\
the Exchange is required to establish, maintain, and enforce written
policies and procedures that are reasonably designed to prevent trade-
throughs of protected quotations in NMS stocks that do not fall within
a valid exception and, if relying on such an exception, that are
reasonably designed to ensure compliance with the terms of the
exception. The System does not permit an execution on the Exchange if
there are better-priced protected quotations displayed in the market
unless the order is an ISO. At the time an order is entered on NSX, the
System uses the SIP data to determine if the NBBO is priced better than
what is on the NSX Book. If the Exchange does not match such order on
the NSX Book,\32\ and based on the ETP Holder's order handling
instructions, the System cancels or routes the order.
---------------------------------------------------------------------------

    \31\ 17 CFR 242.611.
    \32\ NSX Rule 1.5N.(1) defines the term ``NSX Book'' as the
``System's electronic file of orders.''
---------------------------------------------------------------------------

    Regulation SHO: The Exchange is required to establish, maintain and
enforce written policies and procedures reasonably designed to prevent
the execution of a Short Sale Order in a covered security at a price
that is equal to or below the current National Best Bid (``NBB'') when
a short sale price restriction is in effect pursuant to Rule 201 of
Regulation SHO under the Exchange Act (``Short Sale Circuit
Breaker'').\33\ When a Short Sale Circuit Breaker is in effect, the
Exchange utilizes information received from SIP feeds and what is on
the NSX Book, to prevent the execution of a sell short order in
contravention of Rule 201 of Regulation SHO.\34\
---------------------------------------------------------------------------

    \33\ 17 CFR 242.201.
    \34\ See Id.
---------------------------------------------------------------------------

    Limit Up-Limit Down: As stated in Rule 11.24(c), the Exchange is a
participant in, and subject to the applicable requirements of, the
Limit Up-Limit Down Plan. The System uses price band data received
through the SIP to comply with the requirements of the Limit Up-Limit
Down Plan. Specifically, as provided in Rule 11.24(e) the System will
not execute or display orders for an NMS stock at prices that are
outside of a specified price band (i.e., below the lower price band or
above the higher price band).
Amendments to NSX Rules 11.13 and 11.11
    The Exchange is further proposing to amend NSX Rule 11.13,
Proprietary and Agency Orders; Modes of Order Interaction, to eliminate
text relating to two modes of order interaction available to Users.\35\
The Exchange is also: (i) Proposing a conforming amendment to NSX Rule
11.11(c)(2)(C) to remove text relating to a Zero Display Reserve Order
\36\ entered through the order delivery mode; and (ii) proposing to
amend NSX Rule 11.11, Orders and Modifiers, to eliminate the Auto-Ex
Only Order \37\ and the Double Play Order \38\ and make non-substantive
amendments to correct a numbering defect with respect to certain
subparagraphs of NSX Rule 11.11(c).
---------------------------------------------------------------------------

    \35\ A ``User'' is any ETP Holder or Sponsored Participant that
is authorized to obtain access to the System pursuant to NSX Rule
11.9. See NSX Rule 1.5U.(1).
    \36\ NSX Rule 11.11(c)(2) defines a reserve order as ``[a] limit
order with a portion of the quantity displayed . . . and with a
reserve portion of the quantity . . . that is not displayed.'' Rule
11.11(c)(2)(A) provides a Reserve Order may be entered with a zero
display quantity, in which case the Reserve Order is known as a Zero
Display Reserve Order.
    \37\ See NSX Rule 11.11(c)(13).
    \38\ See NSX Rule 11.11(c)(10).
---------------------------------------------------------------------------

    On August 31, 2006, the Commission approved amendments to NSX's
trading rules to provide for a price-time priority market with two
modes of order interaction: (1) Automatic execution (``Auto-Ex Mode'')
and (2) order delivery and automated response (previously referred to
herein as ``Order Delivery'').\39\ Every User is eligible to use the
Auto-Ex Mode, under which the System matches and executes like-priced
orders, including against Order Delivery Orders resting on the NSX
Book. To use Order Delivery a User must demonstrate that it can meet
certain eligibility criteria; specifically, a User must demonstrate
that its system can automatically process the inbound order and respond
immediately. If no response to an inbound order is received within 300
milliseconds, the User's displayed order will be canceled.
Interpretations and Policies .01 of Rule 11.13 provides that, in
determining whether a User's system can automatically process the
inbound order and respond immediately, the Exchange requires that Users
selecting Order Delivery have system response times that generally meet
or exceed industry standards (subject to exceptions for occasional
systems malfunctions that do not, in the Exchange's judgment,
materially impair the User's ability to process and respond to inbound
orders immediately).\40\
---------------------------------------------------------------------------

    \39\ See Securities Exchange Act Release No. 54391 (August 31,
2006), 71 FR 52836 (September 7, 2006) (SR-NSX-2006-08), Order
Approving a Proposed Rule Change and Amendment No. 1 Thereto and
Notice of Filing and Order Granting Accelerated Approval to
Amendment Nos. 2 and 3 Thereto to Amend Its Trading Rules to Provide
for a Price-Time Priority Market and Other Related Changes.
    \40\ The Exchange considered 100 milliseconds to be the industry
standard for response time to an inbound order.
---------------------------------------------------------------------------

    The Exchange maintained Order Delivery as a mode of interaction
with the System through the cessation of trading as of the close of
business on May 30, 2014. The Exchange has now determined that, upon
resuming trading operations on the System, it will not offer Order
Delivery as a mode of order interaction with the System and the only
mode of order interaction with the System will be Auto-Ex Mode. The
Exchange made this decision as a business judgment based on its
assessment of customer interest and market structure considerations.
The Exchange proposes to amend Rule 11.13 to delete paragraph (b) and
Interpretations and Policies .01 relating to Order Delivery as a mode
of order interaction.
    The Exchange is further proposing to amend Rule 11.11(c)(2)(C) to
remove certain text related to a Zero Display Reserve Order entered
through Order Delivery. The relevant rule text currently states that,
if a Zero Display Reserve Order is not designated as a Post Only Order
\41\ and is entered using the Order Delivery and such order is
immediately marketable upon entry into the System, the order will have
its mode of order interaction converted to Automatic Execution as
described in Rule 11.13(b)(1). This rule text is no longer apposite in
view of the Exchange's decision to eliminate Order Delivery upon a
resumption of trading on the System.
---------------------------------------------------------------------------

    \41\ NSX Rule 11.11(c)(5) defines a Post Only Order as ``[a]
limit order that is to be posted on the Exchange and not routed away
to another trading center.''
---------------------------------------------------------------------------

    The Exchange is also proposing to amend Rule 11.11 to eliminate the
Auto-Ex Only Order, which was implemented by the Exchange in May
2013.\42\ An

Auto-Ex Only Order is an ``immediate or cancel'' (``IOC'') Limit or
Market Order \43\ that the System will automatically execute
exclusively against other Auto-Ex Orders at a marketable price. An
Auto-Ex Only Order does not interact with an Order Delivery order or
route away to other Trading Centers. The System cancels any shares
remaining after executing against all marketable Auto-Ex Orders. An
Auto-Ex Only Order cannot be used to comply with Rule 611 of Regulation
NMS pursuant to the Exchange Act because the Auto-Ex Only Order did not
interact with Order Delivery orders that may be protected quotations.
---------------------------------------------------------------------------

    \42\ See Securities Exchange Act Release No. 69519 (May 6,
2013), 78 FR 27461 (May 10, 2013) (SR-NSX-2013-02), Order Granting
Approval of Proposed Rule Change to Adopt a New Order Type Called
the ``Auto-Ex Only'' Order and Add New Definitions Regarding
Automatic Execution Mode and Automatic Execution Orders.
    \43\ NSX Rule 11.11(a), General Order Types, defines a market
order as an order to buy or sell a stated amount of a security that
is to be executed at the best price obtainable when the order
reaches the Exchange (NSX Rule 11.11(a)(1)); a limit order is
defined as an order to buy or sell a stated amount of a security at
a specified price or better (NSX Rule 11.11(a)(2)); NSX Rule
11.11(b), Time-in-Force, defines an IOC order as a limit order that
is to be executed in whole or in part as soon as such order is
received and the portion not so executed is canceled. IOC orders are
not eligible to be routed to an away trading center pursuant to NSX
Rule 11.15, Order Execution.
---------------------------------------------------------------------------

    The Exchange notes that the Auto-Ex Only order was implemented to
offer Users of the System the option of interacting with marketable
orders on the NSX Book without having to incur delays associated with
Order Delivery. Such delays could result from sending an incoming order
to an Order Delivery participant and receiving a response thereto.
However, since NSX will no longer offer Order Delivery the underlying
rationale for the Auto-Ex Only Order will no longer exist.
    The Exchange is also proposing to amend NSX Rule 11.11(c)(10) to
eliminate the Double Play Order type. The Double Play Order was
implemented by the Exchange in November 2012.\44\ A Double Play Order
is a market or limit order for which a User instructs the System to
route to designated away trading centers which are approved by the
Exchange from time to time without first exposing the order to the NSX
Book. A Double Play Order that does not execute in full after routing
away receives a new time stamp upon return to the Exchange and is
ranked and maintained in the NSX Book in accordance with NSX Rule
11.14, Priority of Orders.
---------------------------------------------------------------------------

    \44\ See Securities Exchange Act Release No. 68317 (November 29,
2012), 77 FR 72423 (December 5, 2012) (SR-NSX-2012-22).
---------------------------------------------------------------------------

    After assessing the use of the Double Play Order since November
2012, the Exchange has determined that the Double Play Order was
infrequently used and that it is not an efficient use of its resources
to maintain and support the Double Play Order as an active order type.
    Finally, the Exchange proposes certain technical, non-substantive
amendments to NSX Rule 11.11 to correct defective numbering. The
Exchange added the Midpoint Seeker Order in March 2013 under NSX Rule
11.11(c)(13).\45\ As a result of an administrative error by the
Exchange, the Auto-Ex Only order was assigned the same subparagraph
number (c)(13) of Rule 11.11 when it was implemented in May 2013. The
Exchange is proposing to renumber the Midpoint Seeker Order as
subparagraph (c)(12), which is currently a ``reserved'' subparagraph.
With the proposed elimination of the Auto-Ex Only Order, subparagraph
(c)(13) will now be ``reserved.''
---------------------------------------------------------------------------

    \45\ See Securities Exchange Act Release No. 69009 (February 28,
2013), 78 FR 14867 (March 7, 2013) (SR-NSX-2013-07).
---------------------------------------------------------------------------

Amendments to Rule 11.12
    Currently, NSX Rule 11.12, Cross Message, provides that subject to
the certain restrictions described in the rule, Users are permitted to
enter a cross message instructing the System to match for execution the
identified buy-side of the cross message with the identified sell side
of the cross message at a specified price (a ``Cross Trade'').\46\
Pursuant to NSX Rule 11.12(b), the price of the Cross Trade must, on
the buy side, be at least $0.01 less than the lowest displayed order to
sell on the NSX Book and is at a price equal to or less than the
Protected NBBO offer; on the sell side of the cross, the price must be
at least $0.01 greater than the highest displayed order to buy on the
NSX Book and is at a price equal to or greater than the Protected NBBO
bid.
---------------------------------------------------------------------------

    \46\ The Commission approved NSX Rule 11.12 in August 2006. See
footnote 39, supra.
---------------------------------------------------------------------------

    Rule 11.12 provides for three types of Cross Trades: A Midpoint
Cross, at which the Cross Trade is priced at the midpoint of the
Protected NBBO and improves each side of the NSX Top of Book \47\ by at
least the minimum price increment for the subject security; \48\ a
Clean Cross, in which the Cross Trade is for at least 5,000 shares with
an aggregate value of at least $100,000 and is executed at a price that
is equal to or better than each side of the NSX Top of Book and equal
to or better than the Protected NBBO; \49\ and, a Cross/Sweep, in which
the System, upon receipt of a Cross/Sweep message from a user, will
enter a Protected Sweep Order \50\ for the User's account in an amount
necessary to execute against all protected quotations that, if not
swept, would prohibit the Cross Trade from being executed by the
System. Pursuant to NSX Rule 11.12(f)(1), the Cross Trade will be
executed on the System simultaneously with the Protected Sweep Order,
unless the size of such order would exceed the size of the Cross Trade,
in which event both the Protected Sweep Order and the order for the
Cross Trade would be canceled without an execution.
---------------------------------------------------------------------------

    \47\ The NSX Top of Book is the best-ranked order to buy or sell
in the NSX Book. See NSX Rule 1.5T.(1).
    \48\ See NSX Rule 11.12(c).
    \49\ See NSX Rule 11.12(d).
    \50\ A Protected Sweep Order is a limit order that instructed
the System to ``sweep'' the market with sizes equal to the order
sizes in the NSX Book and the order sizes at away trading centers.
See NSX Rule 11.11(c)(7)(i)(A).
---------------------------------------------------------------------------

    The Exchange has determined in its business judgment that, upon a
resumption of trading on the System, it will not support the
functionality for Users to enter a Cross into the System. This
determination is based on the Exchange's assessment of its current
market structure requirements and the technology resources needed to
support the functionality. In the event that the Exchange determines to
offer Cross Message functionality in the future, it will file a
proposed rule change pursuant to Rule 19b-4 of the Exchange Act.
    In view of the determination to no longer offer Cross Message
functionality, the Exchange is proposing other conforming amendments to
its rules. First, the Exchange proposes to delete subparagraph
(c)(7)(iii) of NSX Rule 11.11, which currently states that ``[a] Sweep
Order entered as part of a Cross/Sweep message pursuant to Rule 11.12
shall be treated identically to a Sweep Order designated `Sweep and
Cancel' except as otherwise provided in Rule 11.12.'' Similarly, the
Exchange proposes to rescind in its entirety the text of NSX Rule 16.2,
Crosses, which currently provides that ``[c]rosses executed in Tape
``A'', ``B'' and ``C'' securities will not be subject to any
transaction fees.'' The elimination of the Cross Message functionality
renders this rule inapposite.
2. Statutory Basis
    The Exchange's proposed rule changes are consistent with the
Exchange Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) \51\ of
the Exchange Act. Specifically, the proposed rule change is consistent
with

the requirement of Section 6(b)(5) \52\ of the Exchange Act that the
rules of an exchange be designed to, among other things, promote just
and equitable principles of trade, foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and 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.
---------------------------------------------------------------------------

    \51\ 15 U.S.C. 78f(b).
    \52\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange submits that the proposed rescission of I&P.01, which
will operate to permit the re-opening of the System for quoting and
trading equity securities, fulfills the purposes of Section
6(b)(5).\53\ The Exchange's rule proposal will restore the Exchange to
the status of a fully operational national securities exchange, as it
was prior to the close of business on May 30, 2014. Notably, throughout
the period from the date that it ceased trading operations up to the
date of the instant rule filing, the Exchange has continued to maintain
its status as a registered national securities exchange and as an SRO.
It has continued its participation as a party in the national market
system plans.\54\
---------------------------------------------------------------------------

    \53\ 15 U.S.C. 78f(b)(5).
    \54\ See footnote 13, supra.
---------------------------------------------------------------------------

    Upon the resumption of trading on the System, the Exchange will
operate its marketplace pursuant to rules currently in effect, as
amended by the rule changes proposed in this rule filing. The Exchange
has completed a rigorous testing process, including tests with the SIPs
and market participants, to assure that the System continues to send
and receive quote and trade data and other information necessary to
assure the Exchange's compliance with the national market system plans.
Restoring NSX to its status as an operating Exchange will promote the
protection of investors and the public interest by providing an
additional trading venue, operating pursuant to an approved rule set,
and available to market participants and the investing public for the
trading of equity securities. The Exchange has sufficient financial and
staff resources to continue to discharge its obligations as a national
securities exchange and as an SRO. The Exchange submits that the
proposed amendment will thus further the purposes of Section 6(b)(5) of
the Act \55\ in that it will operate to promote just and equitable
principles of trade and perfect the mechanism of a free and open market
and a national market system by providing investors with the ability to
execute trades in equity securities on a regulated marketplace
operating pursuant to rules approved by the Commission and subject to
regulatory oversight.
---------------------------------------------------------------------------

    \55\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Additionally, the Exchange's proposal to describe the Exchange's
use of data feeds as a part of this filing and through the adoption of
NSX Rule 11.25 is consistent with the Section 6(b)(5) of the Act.\56\
Further, the proposal removes impediments to and perfects the mechanism
of a free and open market and protects investors and the public
interest because it provides additional specificity and transparency.
The Exchange's proposal will enable investors to better assess the
quality of the Exchange's execution and routing services. The proposal
does not change the operation of the Exchange or its use of data feeds;
rather it describes how, and for what purposes, the Exchange uses the
quotes disseminated from data feeds to calculate the NBBO for a
security for purposes of Regulation NMS, Regulation SHO and various
order types that update based on changes to the applicable NBBO. The
additional transparency into the operation of the Exchange as described
in the proposal will 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.
---------------------------------------------------------------------------

    \56\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange's proposed amendments to conform certain of its rules
to the planned operation of the System upon a resumption of trading are
consistent with the Section 6(b)(5) of the Act.\57\ Specifically, the
Exchange is proposing to amend NSX Rules 11.11 and 11.13, and
Interpretations and Policies .01 of Rule 11.13, to remove text relating
to Order Delivery, which will not be available to Users as a mode of
order interaction with the System upon a resumption of trading. The
Exchange is further proposing to amend Rule 11.11 to eliminate the
Auto-Ex Only Order, which relates to the handling of certain orders
when interacting with Order Delivery, and the Double Play Order, which
was an infrequently used order type that the Exchange no longer wishes
to support. The Exchange is also proposing to correct defective
numbering in Rule 11.11, which will promote clarity and ease of
reference in its rules. These proposed amendments are consistent with
Section 6(b)(5) of the Act \58\ in that they will operate to align the
Exchange's rules with the planned operation of the System upon a
resumption of trading, thereby promoting just and equitable principles
of trade and the protection of investors and the public interest.
---------------------------------------------------------------------------

    \57\ 15 U.S.C. 78f(b)(5).
    \58\ Id.
---------------------------------------------------------------------------

    The Exchange's proposals to amend NSX Rule 11.12 to rescind the
rule text governing Cross Trades on the System, and making conforming
amendments to NSX Rules 11.11(c)(7)(iii), regarding a Cross/Sweep
Order, and 16.2, providing that Cross Trades in Tape A, B, and C
securities are not subject to transaction fees, are consistent with
Section 6(b)(5) of the Exchange Act because they will remove from the
NSX rule book provisions that address a System functionality that will
not be supported operationally upon a resumption of trading on the
System. The amendments are designed to align the Exchange's rules with
the System's planned functionality. The Exchange believes that the
amendments will further promote just and equitable principles of trade
and the protection of investors and the public interest.

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 Exchange Act. The Exchange
believes that reopening the System for the trading of equity securities
will enhance competition in the national market system by providing
investors with the opportunity to trade on a competitive trading venue
that was available to them prior to the close of business May 30, 2014.
The Exchange submits that the proposed rule amendment will thus operate
to enhance rather than burden competition in the equity securities
markets.
    The Exchange's proposed rule changes to: (i) Eliminate Order
Delivery-related rule text; (ii) Eliminate the Auto-Ex Only and Double
Play Orders; (iii) eliminate the Cross Trade rule; and (iv) make other
conforming rule amendments and correct defecting numbering of certain
paragraphs of NSX Rule 11.11, have no competitive impact in that they
are designed to assure that the Exchange's rules and its System
functionality align and to promote clarity and transparency in the
Exchange's rules.

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

    The Exchange has not solicited or received comments on the proposed
rule change from market participants or others.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2015-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2015-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NSX-2015-05 and should be
submitted on or before December 4, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\59\
---------------------------------------------------------------------------

    \59\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-28811 Filed 11-12-15; 8:45 am]
BILLING CODE 8011-01-P