[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35302-35305]
[FR Doc No: 2013-13926]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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SUMMARY: New or modified Base (1% annual-chance) Flood Elevations
(BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries
or zone designations, and/or the regulatory floodway (hereinafter
referred to as flood hazard determinations) as shown on the indicated
Letter of Map Revision (LOMR) for each of the communities listed in the
table below are finalized. Each LOMR revises the Flood Insurance Rate
Maps (FIRMs), and in some cases the Flood Insurance Study (FIS)
reports, currently in effect for the listed communities. The flood
hazard determinations modified by each LOMR will be used to calculate
flood insurance premium rates for new buildings and their contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard determinations are the basis for
the floodplain management measures that the community is required
either to adopt or to show evidence of being already in effect in order
to remain qualified for participation in the National Flood Insurance
Program (NFIP).
    These new or modified flood hazard determinations, together with
the

floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    These new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

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                                                              Chief executive
         State and county           Location and case No.       officer of        Community map repository  Effective date of  modification   Community
                                                                 community                                                                       No.
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Alabama:
    Jefferson (FEMA Docket No.: B-  City of Birmingham     The Honorable         City Hall, 710 North 20th  April 5, 2013..................       010116
     1294).                          (12-04-6207P).         William A. Bell,      Street, 3rd Floor,
                                                            Mayor, City of        Birmingham, AL 35203.
                                                            Birmingham, 710
                                                            North 20th Street,
                                                            3rd Floor,
                                                            Birmingham, AL
                                                            35203.
    Mobile (FEMA Docket No.: B-     City of Prichard (12-  The Honorable Ron     City Hall, 216 East        April 29, 2013.................       010170
     1298).                          04-4608P).             Davis, Mayor, City    Prichard Avenue,
                                                            of Prichard, 216      Prichard, AL 36610.
                                                            East Prichard
                                                            Avenue, Prichard,
                                                            AL 36610.
    Shelby (FEMA Docket No.: B-     City of Montevallo     The Honorable Ben     City Hall, 545 Main        April 4, 2013..................       010349
     1294).                          (12-04-7810P).         McCrory, Mayor,       Street, Montevallo, AL
                                                            City of Montevallo,   35115.
                                                            545 Main Street,
                                                            Montevallo, AL
                                                            35115.
    Shelby (FEMA Docket No.: B-     City of Pelham (12-04- The Honorable Don     City Hall, 3162 Pelham     April 11, 2013.................       010193
     1294).                          7869P).                Murphy, Mayor, City   Parkway, Pelham, AL
                                                            of Pelham, 3162       35124.
                                                            Pelham Parkway,
                                                            Pelham, AL 35124.
    Shelby (FEMA Docket No.: B-     Town of Indian         The Honorable Steve   Town Hall 5300 Mountain    April 11, 2013.................       010430
     1294).                          Springs Village (12-   Zerkis, Mayor, Town   Park Drive, Indian
                                     04-7869P).             of Indian Springs     Springs, AL 35124.
                                                            Village, 5300
                                                            Mountain Park
                                                            Drive, Indian
                                                            Springs, AL 35124.
    Shelby (FEMA Docket No.: B-     Unincorporated areas   The Honorable         Shelby County Engineer's   April 11, 2013.................       010191
     1294).                          of Shelby County (12-  Lindsey Allen,        Office 506 Highway, 70
                                     04-7869P).             Chairman, Shelby      Columbiana, AL 35051.
                                                            County Board of
                                                            Supervisors, 200
                                                            West College
                                                            Street, Columbiana,
                                                            AL 35051.
    Tuscaloosa (FEMA Docket No.: B- City of Tuscaloosa     The Honorable Walter  Engineering Department,    April 22, 2013.................       010203
     1294).                          (12-04-3302P).         Maddox, Mayor, City   2201 University
                                                            of Tuscaloosa, 2201   Boulevard, Tuscaloosa,
                                                            University            AL 35401.
                                                            Boulevard,
                                                            Tuscaloosa, AL
                                                            35401.
    Tuscaloosa (FEMA Docket No.: B- City of Tuscaloosa     The Honorable Walter  Engineering Department,    April 22, 2013.................       010203
     1294).                          (12-04-3303P).         Maddox, Mayor, City   2201 University
                                                            of Tuscaloosa, 2201   Boulevard, Tuscaloosa,
                                                            University            AL 35401.
                                                            Boulevard,
                                                            Tuscaloosa, AL
                                                            35401.
Arizona:
    Maricopa (FEMA Docket No.: B-   City of Phoenix (13-   The Honorable Greg    Street Transportation      April 8, 2013..................       040051
     1294).                          09-0280P).             Stanton, Mayor,       Department, 200 West
                                                            City of Phoenix,      Washington Street, 5th
                                                            200 West Washington   Floor, Phoenix, AZ
                                                            Street, 11th Floor,   85003.
                                                            Phoenix, AZ 85003.
California:
    Santa Clara (FEMA Docket No.:   City of Cupertino (12- The Honorable Mark    Planning Department,       April 4, 2013..................       060339
     B-1294).                        09-2521P).             Santoro, Mayor,       10300 Torre Avenue,
                                                            City of Cupertino,    Cupertino, CA 95014.
                                                            10300 Torre Avenue,
                                                            Cupertino, CA
                                                            95014.
    Santa Clara (FEMA Docket No.:   City of Los Altos (12- The Honorable Val     Public Works Department,   April 18, 2013.................       060341
     B-1294).                        09-2859P).             Carpenter, Mayor,     1 North San Antonio
                                                            City of Los Altos,    Road, Los Altos, CA
                                                            1 North San Antonio   94022.
                                                            Road, Los Altos, CA
                                                            94022.
    Santa Clara (FEMA Docket No.:   City of San Jose (12-  The Honorable Chuck   Department of Public       April 4, 2013..................       060349
     B-1294).                        09-2521P).             Reed, Mayor, City     Works, 200 East Santa
                                                            of San Jose, 200      Clara Street Tower, 3rd
                                                            East Santa Clara      Floor, San Jose, CA
                                                            Street, San Jose,     95113.
                                                            CA 95113.
    Santa Clara (FEMA Docket No.:   City of Saratoga (12-  The Honorable Chuck   Planning Department,       April 4, 2013..................       060351
     B-1294).                        09-2521P).             Page, Mayor, City     13777 Fruitvale Avenue,
                                                            of Saratoga, 13777    Saratoga, CA 95070.
                                                            Fruitvale Avenue,
                                                            Saratoga, CA 95070.
    Santa Clara (FEMA Docket No.:   Town of Los Altos      The Honorable Rich    Public Works Department,   April 18, 2013.................       060342
     B-1294).                        Hills (12-09-2859P).   Larsen, Mayor, Town   26379 Fremont Road, Los
                                                            of Los Altos Hills,   Altos Hills, CA 94022.
                                                            26379 Fremont Road,
                                                            Los Altos Hills, CA
                                                            94022.
Colorado:
    Adams (FEMA Docket No.: B-      City of Thornton (12-  The Honorable Heidi   9500 Civic Center Drive,   April 12, 2013.................       080007
     1294).                          08-0595P).             Williams, Mayor,      Thornton, CO 80229.
                                                            City of Thornton,
                                                            9500 Civic Center
                                                            Drive, Thornton, CO
                                                            80229.

    Adams (FEMA Docket No.: B-      Unincorporated areas   The Honorable W. R.   Adams County Public Works  April 12, 2013.................       080001
     1294).                          of Adams County (12-   ``Skip'' Fischer,     Department, 4430 South
                                     08-0595P).             Chairman, Adams       Adams County Parkway,
                                                            County Board of       1st Floor, Suite W2123,
                                                            Commissioners, 4430   Brighton, CO 80601.
                                                            South Adams County
                                                            Parkway, 5th Floor,
                                                            Suite C5000A,
                                                            Brighton, CO 80601.
    Arapahoe (FEMA Docket No.: B-   City of Centennial     The Honorable Cathy   Southeast Metro            April 12, 2013.................       080315
     1294).                          (12-08-0553P).         Noon, Mayor, City     Stormwater Authority, 76
                                                            of Centennial,        Inverness Drive East,
                                                            13133 East Arapahoe   Suite A, Centennial, CO
                                                            Road, Centennial,     80112.
                                                            CO 80112.
    Weld (FEMA Docket No.: B-1298)  Town of Frederick (12- The Honorable Tony    Planning Department, 401   April 15, 2013.................       080244
                                     08-0198P).             Carey, Mayor, Town    Locust Street,
                                                            of Frederick, P.O.    Frederick, CO 80530.
                                                            Box 435, Frederick,
                                                            CO 80530.
    Weld (FEMA Docket No.: B-1298)  Unincorporated areas   The Honorable Sean    Weld County Public Works   April 15, 2013.................       080266
                                     of Weld County (12-    Conway, Chairman,     Department, 1111 H
                                     08-0198P).             Weld County Board     Street, Greeley, CO
                                                            of Commissioners,     80632.
                                                            P.O. Box 758,
                                                            Greeley, CO 80632.
Florida:
    Broward (FEMA Docket No.: B-    Town of Hollywood (12- The Honorable Peter   City Hall, 2600 Hollywood  April 26, 2013.................       125113
     1298).                          04-8174P).             J. M. Bober, Mayor,   Boulevard, Hollywood, FL
                                                            City of Hollywood,    33020.
                                                            P.O. Box 229045,
                                                            Hollywood, FL
                                                            33022.
    Collier (FEMA Docket No.: B-    City of Naples (12-04- The Honorable John    Building Department, 295   April 19, 2013.................       125130
     1298).                          5497P).                F. Sorey, III,        Riverside Circle,
                                                            Mayor, City of        Naples, FL 34102.
                                                            Naples, 735 8th
                                                            Street, South
                                                            Naples, FL 34102.
    Leon (FEMA Docket No.: B-1294)  Unincorporated areas   The Honorable         Leon County Courthouse,    April 19, 2013.................       120143
                                     of Leon County (12-    Nicholas J. Maddox,   301 South Monroe Street,
                                     04-6893P).             Chairman, Leon        Tallahassee, FL 32301.
                                                            County Board of
                                                            Commissioners, 301
                                                            South Monroe
                                                            Street, 5th Floor
                                                            Tallahassee, FL
                                                            32301.
    Miami-Dade (FEMA Docket No.: B- City of Sunny Isles    The Honorable Norman  City Hall, 18070 Collins   April 8, 2013..................       120688
     1294).                          Beach (12-04-6538P).   S. Edelcup, Mayor,    Avenue, Sunny Isles
                                                            City of Sunny Isles   Beach, FL 33160.
                                                            Beach, 18070
                                                            Collins Avenue,
                                                            Sunny Isles Beach,
                                                            FL 33160.
    Orange (FEMA Docket No.: B-     City of Orlando (12-   The Honorable Buddy   Permitting Services        April 19, 2013.................       120186
     1294).                          04-4611P).             Dyer, Mayor, City     Department, 400 South
                                                            of Orlando, P.O.      Orange Avenue, Orlando,
                                                            Box 4990, Orlando,    FL 32801.
                                                            FL 32808.
    Orange (FEMA Docket No.: B-     City of Orlando (12-   The Honorable Buddy   One City Commons, 400      March 8, 2013..................       120186
     1314).                          04-6931P).             Dyer, Mayor, City     South Orange Avenue,
                                                            of Orlando, P.O.      Orlando, FL 32808.
                                                            Box 4990, Orlando,
                                                            FL 32808.
    Orange (FEMA Docket No.: B-     Unincorporated areas   The Honorable Teresa  Orange County Stormwater   April 19, 2013.................       120179
     1294).                          of Orange County (12-  Jacobs, Mayor,        Management Department,
                                     04-4611P).             Orange County, 201    4200 South John Young
                                                            South Rosalind        Parkway, Orlando, FL
                                                            Avenue, Orlando, FL   32839.
                                                            32801.
    Santa Rosa (FEMA Docket No.: B- Unincorporated areas   The Honorable Jim     Santa Rosa County          April 4, 2013..................       120274
     1308).                          of Santa Rosa County   Williamson,           Development Services
                                     (13-04-0043P).         Chairman, Santa       Department, 6051 Old
                                                            Rosa County Board     Bagdad Highway, Room
                                                            of Commissioners,     202, Milton, FL 32583.
                                                            6495 Carolina
                                                            Street, Suite M,
                                                            Milton, FL 32570.
    Walton (FEMA Docket No.: B-     Unincorporated areas   The Honorable Scott   Walton County Courthouse   April 5, 2013..................       120317
     1294).                          of Walton County (12-  Brannon, Chairman,    Annex, 47 North 6th
                                     04-6405P).             Walton County         Street, DeFuniak
                                                            Commissioners, 415    Springs, FL 32435.
                                                            Highway 20,
                                                            Freeport, FL 32439.
Kentucky:
    Fayette (FEMA Docket No.: B-    Lexington-Fayette      The Honorable James   Lexington-Fayette Urban    April 8, 2013..................       210067
     1298).                          Urban County           P. Gray, II, Mayor,   County Government
                                     Government (12-04-     Lexington-Fayette     Center, 200 East Main
                                     4610P).                Urban County          Street, Lexington, KY
                                                            Government, 200       40507.
                                                            East Main Street,
                                                            Lexington, KY
                                                            40507.
Nevada:
    Clark (FEMA Docket No.: B-      Unincorporated areas   The Honorable Susan   Public Works Department,   April 1, 2013..................       320003
     1298).                          of Clark County (13-   Brager, Chair,        500 South Grand Central
                                     09-0072P).             Clark County Board    Parkway, Las Vegas, NV
                                                            of Commissioners,     89155.
                                                            500 South Grand
                                                            Central Parkway,
                                                            Las Vegas, NV
                                                            89155.
South Carolina:
    Richland (FEMA Docket No.: B-   City of Columbia (11-  The Honorable Steve   City Hall, 1737 Main       April 29, 2013.................       450172
     1308).                          04-8071P).             Benjamin, Mayor,      Street, Columbia, SC
                                                            City of Columbia,     29021.
                                                            1737 Main Street,
                                                            Columbia, SC 29201.
Tennessee:

    Shelby (FEMA Docket No.: B-     City of Germantown     The Honorable Sharon  Economic and Community     April 12, 2013.................       470353
     1294).                          (12-04-5413P).         Goldsworthy, Mayor,   Development Department,
                                                            City of Germantown,   1920 South Germantown
                                                            1930 South            Road, Germantown, TN
                                                            Germantown Road,      38138.
                                                            Germantown, TN
                                                            38138.
Wyoming:
    Laramie (FEMA Docket No.: B-    Unincorporated areas   The Honorable Gay     Laramie County Planning    April 8, 2013..................       560029
     1294).                          of Laramie County      Woodhouse, Chair,     Department, Historic
                                     (12-08-0028P).         Laramie County        County Courthouse, 310
                                                            Board of              West 19th Street, Suite
                                                            Commissioners, P.O.   400, Cheyenne, WY 82001.
                                                            Box 1888, Cheyenne,
                                                            WY 82001.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 17, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-13926 Filed 6-11-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50656-50658]
[FR Doc No: 2014-20021]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0501]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Third Party
Disclosure and Recordkeeping Requirements for Reportable Food

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
September 24, 2014.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0643.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd.; COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Third Party Disclosure and Recordkeeping Requirements for Reportable
Food--21 U.S.C. 350f (OMB Control Number 0910-0643)--Extension

    The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended
by the Food and Drug Administration Amendments Act of 2007 (FDAAA)
(Pub. L. 110-85) requires the establishment of a Reportable Food
Registry (the Registry) by which instances of reportable food must be
submitted to FDA by responsible parties and may be submitted by public
health officials. Section 417 of the FD&C Act (21 U.S.C. 350f) defines
``reportable

food'' as an ``article of food (other than infant formula) for which
there is a reasonable probability that the use of, or exposure to, such
article of food will cause serious adverse health consequences or death
to humans or animals.'' (Section 417(a)(2) of the FD&C Act). We believe
that the most efficient and cost effective means to implement the
Registry is by utilizing our electronic Safety Reporting Portal. The
information collection provisions associated with the submission of
reportable food reports has been approved under OMB control number
0910-0645.
    In conjunction with the reportable foods requirements, section 417
of the FD&C Act also establishes third party disclosure and
recordkeeping burdens. Specifically, we may require the responsible
party to notify the immediate previous source(s) and/or immediate
subsequent recipient(s) of a reportable food (sections 417(d)(6)(B)(i)
and (ii) of the FD&C Act). Similarly, we may also require the
responsible party that is notified (i.e., the immediate previous source
and/or immediate subsequent recipient) to notify their own immediate
previous source(s) and/or immediate subsequent recipient(s) of a
reportable food (sections 417(d)(7)(C)(i) and (ii) of the FD&C Act).
    Notification to the immediate previous source(s) and immediate
subsequent recipient(s) of the article of food may be accomplished by
electronic communication methods such as email, fax or text messaging
or by telegrams, mailgrams, or first class letters. Notification may
also be accomplished by telephone call or other personal contacts but
we recommend that such notifications also be confirmed by one of the
previous methods and/or documented in an appropriate manner. We may
require that the notification include any or all of the following data
elements: (1) The date on which the article of food was determined to
be a reportable food; (2) a description of the article of food
including the quantity or amount; (3) the extent and nature of the
adulteration; (4) the results of any investigation of the cause of the
adulteration if it may have originated with the responsible party, if
known; (5) the disposition of the article of food, when known; (6)
product information typically found on packaging including product
codes, use-by dates, and the names of manufacturers, packers, or
distributors sufficient to identify the article of food; (7) contact
information for the responsible party; (8) contact information for
parties directly linked in the supply chain and notified under section
417(d)(6)(B) or 417(d)(7)(C) of the FD&C Act, as applicable; (9) the
information required by FDA to be included in the notification provided
by the responsible party involved under sections 417(d)(6)(B) or
417(d)(7)(C) of the FD&C Act or required to report under sections
417(d)(7)(A) of the FD&C Act; and (10) the unique number described in
section 417(d)(4) of the FD&C Act (sections 417(d)(6)(B)(iii)(I),
(d)(7)(C)(iii)(I), and (e) of the FD&C Act). We may also require that
the notification provides information about the actions that the
recipient of the notification will perform and/or any other information
we may require (sections 417(d)(6)(B)(iii)(II), (d)(6)(B)(iii)(III),
(d)(7)(C)(iii)(II), and (d)(7)(C)(iii)(III) of the FD&C Act).
    Section 417(g) of the FD&C Act requires that responsible persons
maintain records related to reportable foods for a period of 2 years.
    The congressionally identified purpose of the Registry is to
provide ``a reliable mechanism to track patterns of adulteration in
food [which] would support efforts by the Food and Drug Administration
to target limited inspection resources to protect the public health''
(Pub. L. 110-85, section 1005(a)(4)). The reporting and recordkeeping
requirements described previously are designed to enable FDA to quickly
identify and track an article of food (other than infant formula) for
which there is a reasonable probability that the use of or exposure to
such article of food will cause serious adverse health consequences or
death to humans or animals. We use the information collected under
these regulations to help ensure that such products are quickly and
efficiently removed from the market.
    As required under section 1005(f) of FDAAA and to assist industry,
we have issued the draft guidance document entitled, ``Questions and
Answers Regarding the Reportable Food Registry as Established by the
Food and Drug Administration Amendments Act of 2007 (Edition 2),''
which is available at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/RFR/ucm212793.htm. The draft
guidance contains questions and answers relating to the requirements
under section 417 of the FD&C Act, including (1) how, when, and where
to submit reports to FDA; (2) who is required to submit reports to FDA;
(3) what is required to be submitted to FDA; and (4) what may be
required when providing notifications to other persons in the supply
chain of an article of food. The guidance also refers to previously
approved collections of information found in FDA regulations. The
collections of information in questions D5 and D6 of the guidance have
been approved under OMB control number 0910-0249.
    Description of Respondents: Mandatory respondents to this
collection of information are the owners, operators, or agents in
charge of a domestic or foreign facility engaged in manufacturing,
processing, packing, or holding food for consumption in the United
States (``responsible parties'') who have information on a reportable
food. Voluntary respondents to this collection of information are
Federal, State, and local public health officials who have information
on a reportable food.
    In the Federal Register of June 3, 2014 (79 FR 31946), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    We estimate the burden of this collection of information as
follows:

                                               Table 1--Estimated Annual Third Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
                                                    Number of      disclosures    Total  annual
                Activity/section                   respondents         per         disclosures       Average  burden  per  disclosure       Total hours
                                                                   respondent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notifying immediate previous source of the                1,200               1           1,200  0.6 (36 minutes).......................             720
 article of food under section 417(d)(6)(B)(i)
 of the FD&C Act (mandatory reporters only).
Notifying immediate subsequent recipient of the           1,200               1           1,200  0.6 (36 minutes).......................             720
 article of food under section 417(d)(6)(B)(ii)
 of the FD&C Act (mandatory reporters only).

Notifying immediate previous source of the                1,200               1           1,200  0.6 (36 minutes).......................             720
 article of food under section 417(d)(7)(C)(i)
 of the FD&C Act (mandatory reporters only).
Notifying immediate subsequent recipient of the           1,200               1           1,200  0.6 (36 minutes).......................             720
 article of food under section 417(d)(7)(C)(ii)
 of the FD&C Act (mandatory reporters only).
                                                --------------------------------------------------------------------------------------------------------
    Total......................................  ..............  ..............  ..............  .......................................           2,880
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

Third Party Disclosure

    We estimate that approximately 1,200 reportable food events with
mandatory reporters will occur annually. Based on past FDA experiences,
we estimate that we could receive 200 to 1,200 ``reportable'' food
reports annually from 200 to 1,200 mandatory and voluntary users of the
electronic reporting system. We utilized the upper-bound estimate of
1,200 for these calculations.
    We estimate that notifying the immediate previous source(s) will
take 0.6 hours per reportable food and notifying the immediate
subsequent recipient(s) will take 0.6 hours per reportable food. We
also estimate that it will take 0.6 hours for the immediate previous
source and/or the immediate subsequent recipient to also notify their
immediate previous source(s) and/or immediate subsequent recipient(s).
The Agency bases its estimate on its experience with mandatory and
voluntary reports submitted to FDA.
    Although it is not mandatory under FDAAA section 1005 that
responsible persons notify the sources and recipients of instances of
reportable food, for purposes of the burden estimate we are assuming
FDA would exercise its authority and require such notifications in all
such instances for mandatory reporters. This notification burden will
not affect voluntary reporters of reportable food events. Therefore, we
estimate that the total burden of notifying the immediate previous
source(s) and immediate subsequent recipient(s) under section
417(d)(6)(B)(i), (d)(6)(B)(ii), (d)(7)(C)(i), and (d)(7)(C)(ii) of the
FD&C Act for 1,200 reportable foods will be 2,880 hours annually (1,200
x 0.6 hours) + (1,200 x 0.6 hours) + (1,200 x 0.6 hours) + (1,200 x 0.6
hours). This annual burden is shown in table 1.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
               Activity/section                    Number of       records per     Total  annual        Average  burden per  record         Total hours
                                                 recordkeepers    recordkeeping     records \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance of reportable food records under              1,200                1           1,200  0.25 (15 minutes).....................             300
 section 417(g) of the FD&C Act--Mandatory
 reports.
Maintenance of reportable food records under                600                1             600  0.25 (15 minutes).....................             150
 section 417(g) of the FD&C Act--Voluntary
 reports.
                                               ---------------------------------------------------------------------------------------------------------
    Total.....................................  ...............  ...............  ..............  ......................................             450
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ For purposes of estimating number of records and hours per record, a ``record'' means all records kept for an individual reportable food by the
  responsible party or a voluntary reporter.

Recordkeeping

    As noted previously, section 417(g) of the FD&C Act requires that
responsible persons maintain records related to reportable foods
reports and notifications under section 417 of the FD&C Act for a
period of 2 years. Based on past FDA experiences, we estimate that each
mandatory report and its associated notifications will require 30
minutes of recordkeeping for the 2-year period, or 15 minutes per
record per year. The annual recordkeeping burden for mandatory
reportable food reports and their associated notifications is thus
estimated to be 300 hours (1,200 x 0.25 hours).
    We do not expect that records will always be kept in relation to
voluntary reportable food reports. Therefore, we estimate that records
will be kept for 600 of the 1,200 voluntary reports we expect to
receive annually. The recordkeeping burden associated with voluntary
reports is thus estimated to be 150 hours annually (600 x 0.25 hours).
The estimated total annual recordkeeping burden will be 450 hours
annually (1,200 x 0.25 hours) + (600 x 0.25 hours). This annual burden
is shown in table 2.

    Dated: August 19, 2014.
Peter Lurie,
Associate Commissioner for Policy and Planning.
[FR Doc. 2014-20021 Filed 8-22-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60083-60088]
[FR Doc No: 2016-20883]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78676; File No. SR-NSX-2016-07]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rules Regarding Qualification, Registration and Continuing
Education for Persons Associated With Equity Trading Permit Holders, To
Add Definitions, Amend Definitions, and To Make Technical, Non-
Substantive and Conforming Amendments to Rules

 August 25, 2016.
    Pursuant to 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 August 24, 2016, National Stock
Exchange, Inc. (``NSX'' or the ``Exchange'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change, as
described in Items I, II, and III below, which Items have been 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 amendments to its rules regarding
qualification, registration and continuing education requirements
applicable to Equity Trading Permit (``ETP'') Holders \3\ and Persons
Associated with ETP Holders.\4\ The Exchange's rule proposal is
intended to align its rules with those of other self-regulatory
organizations (``SROs'') and thus promote consistency within the
securities industry. The Exchange is also proposing to amend NSX Rule
1.5, Definitions, and make technical or conforming changes to certain
other NSX rules.
---------------------------------------------------------------------------

    \3\ Exchange Rule 1.5E.(1) defines the term ``ETP,'' in relevant
part, as ``. . . an Equity Trading Permit issued by the Exchange for
effecting approved securities transactions on the Exchange's trading
facilities. . . .''
    \4\ Exchange Rule 1.5P.(2) defines ``Person Associated with an
ETP Holder'' as ``. . . any partner, officer, director, or branch
manager of an ETP Holder (or any person occupying a similar status
or performing similar functions), any person directly or indirectly
controlling, controlled by, or under common control with an ETP
Holder, or any employee of such ETP Holder, except that any person
associated with an ETP Holder whose functions are solely clerical or
ministerial shall not be included in the meaning of such terms.''
---------------------------------------------------------------------------

    The Exchange has designated this rule proposal as a ``non-
controversial'' rule change pursuant to Section 19(b)(3)(A) of the Act
\5\ and provided the Commission with the notice required by Rule 19b-
4(f)(6)(iii) under the Act.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its qualification, registration, and
continuing education requirements applicable to ETP Holders and Persons
Associated with ETP Holders. The proposed amendments are intended to:
(i) Provide transparency and clarity with respect to the Exchange's
registration, qualification, and examination requirements; (ii) ensure
that all persons engaging in trading on the Exchange or performing
supervisory or operational functions are properly registered and
subject to the examination and continuing education requirements
necessary for their business function; (iii) align the Exchange's
qualification, registration and examination rules with those of the
Financial Industry Regulatory Authority (``FINRA'') and other SROs so
as to promote uniform standards across the securities industry; (iv)
provide for the Securities Trader registration (Series 57) and
Securities Trader Principal registration; and (v) reorganize certain
rules, add new definitions of terms, and make other conforming or
ministerial, non-substantive amendments designed to enhance the
comprehensiveness and clarity of the Exchange's rules. The proposed
changes are discussed below.
Amendments to NSX Rule 1.5--Definitions
    The Exchange is proposing to amend NSX Rule 1.5 to add new
definitions, revise certain definitions in the current rule, and make
non-substantive changes to the rule text. The Exchange first proposes
to amend the definition of an ETP in NSX Rule 1.5E.(1). As currently
defined in the rule, the term ETP ``. . . shall refer to an Equity
Trading Permit issued by the Exchange for effecting approved securities
transactions on the Exchange's trading facilities. An ETP may be issued
to a sole proprietor, partnership, corporation, limited liability
company or other organization which is a registered broker or dealer
pursuant to Section 15 of the Act, and which has been approved by the
Exchange.''
    Under the Exchange's proposed amendment, the definition of an
``ETP'' would retain the text that an ETP shall refer to an Equity
Trading Permit issued by the Exchange for effecting approved securities
transactions on the Exchange's trading facilities. However, the
subsequent text in the current rule, which provides that an ETP may be
issued to a sole proprietor, partnership, corporation, limited
liability company or other organization which is a registered broker or
dealer pursuant to Section 15 of the Act, will be moved to NSX Rule
2.3, entitled ``ETP Holder Eligibility,'' where it is more logically
placed given the content of that rule. Additionally, the relocated text
will be amended to add a requirement that the prospective ETP Holder
must be a member of another national securities exchange or national
securities association in order to be eligible to become an ETP Holder
of NSX. The Exchange is proposing this amendment because it will not
act as the Designated Examining Authority for any ETP

Holder under Section 17(d) of the Act \7\ and Rules 17d-1 \8\ and 17d-2
\9\ thereunder. In new NSX Rule 1.5E.(2), the Exchange proposes to add
a new definition of ETP Holder as meaning ``the Exchange-approved
holder of an ETP'' in order to clarify that term and add its definition
to Rule 1.5.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q(d).
    \8\ 17 CFR 240.17d-1.
    \9\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

    The Exchange is also proposing to add new definitions for the terms
``Person,'' ``Principal,'' ``Principal--Financial and Operations,''
``Securities Trader,'' and ``Securities Trader Principal.'' Proposed
Rule 1.5P.(1) will define the term ``Person'' as a natural person,
corporation, partnership, limited liability company, association, joint
stock company, trustee of a trust fund, or any organized group of
persons whether incorporated or not.\10\
---------------------------------------------------------------------------

    \10\ The proposed definition of a ``Person'' is the same as that
contained in NYSE Arca, Inc. Rule 1.1(v) and NYSE Arca Equities Inc.
Rule 1.1(oo).
---------------------------------------------------------------------------

    The term ``Principal'' will be defined in proposed Rule 1.5P.(3) as
any person actively engaged in the management of the ETP Holder's
securities business, including supervision, solicitation, the conduct
of the ETP Holder's business, or the training of Authorized Traders
\11\ and Persons Associated with the ETP Holder for any of these
functions. Such persons shall include Sole Proprietors, Officers,
Partners and Directors of Corporations. The definition of a
``Principal'' in the proposed amendment aligns with the definition of
Principal in NASD Rule 1021(b), Definition of Principal.\12\
---------------------------------------------------------------------------

    \11\ Exchange Rule 1.5A.(2) defines ``Authorized Trader'' as ``.
. . a person who may submit orders (or who supervises a routing
engine that may automatically submit orders) to the Exchange's
trading facilities on behalf of his or her ETP Holder or Sponsored
Participant.'' No changes to that definition are proposed in this
rule filing.
    \12\ NASD Rule 1021(b), and other NASD Rules regarding the
qualification, registration and continuing education requirements
for registered personnel, as applicable, are part of FINRA's
Transitional Rule Book.
---------------------------------------------------------------------------

    A Principal--Financial and Operations (``FINOP'') will be defined
in proposed Rule 1.5P.(4) as a Person Associated with an ETP Holder
whose responsibilities include final approval and responsibility for
the accuracy of financial reports submitted to securities industry
regulatory bodies and the final preparation of such reports;
supervision of individuals who assist in the preparation of such
reports; supervision of and responsibility for individuals who are
involved in the maintenance of the ETP Holder's books and records from
which such reports are derived; supervision and/or performance of the
ETP Holder's responsibilities under all financial responsibility rules
under the provisions of the Act; overall supervision of and
responsibility for the individuals who are involved in the
administration and maintenance of the ETP Holder's back office
operations; or any other matter involving the financial and operational
management of the ETP Holder.
    The Exchange proposes to add the terms Securities Trader and
Securities Trader Principal to Exchange Rule 1.5S. Proposed Rule
1.5S.(1) states that the term ``Securities Trader'' means any person
engaged in the purchase or sale of securities or other similar
instruments for the account of an ETP Holder with which such person is
associated, as an employee or otherwise, and who does not transact any
business with the public. Proposed Rule 1.5S.(2) states that the term
``Securities Trader Principal'' means a person who has become qualified
and registered as a Securities Trader and passes the General Securities
Principal qualification examination. Each Principal with responsibility
over securities trading activity on the Exchange shall become qualified
and registered as a Securities Trader Principal. The Exchange's
proposed definitions of the Securities Trader and Securities Trader
Principal registration categories align with those contained in NASD
Rules 1032 and 1022(a)(6)(A), respectively.
    The Exchange also proposes to make changes to the numbering and
capitalization and other ministerial changes to Rule 1.5 in light of
the additions that have been made to the Rule.
Amendments to Chapter II--ETP Holders of the Exchange
    The Exchange is proposing to make changes to Chapter II of its
rules with respect to the eligibility, obligations and restrictions
applicable to ETP Holders; and the qualification, registration and
continuing education requirements applicable to Principals of ETP
Holders, Authorized Traders, and Persons Associated with an ETP Holder.
The proposed changes will align the Exchange's rules with those of
other SROs and provide ETP Holders, their registered and non-registered
personnel, and other market participants with reasonable notice of the
requirements established by the Exchange in these subject areas.
Amendments to NSX Rule 2.2, Obligations of ETP Holders and the Exchange
    The Exchange proposes to amend NSX Rule 2.2, entitled Obligations
of ETP Holders and the Exchange. The current text of the rule will be
denoted as paragraph (a) and additional rule text will be added in new
paragraphs (b) through (e). Proposed paragraph (b) provides that each
ETP Holder shall require each Person Associated with such ETP Holder as
defined in NSX Rule 1.5P.(2) to agree: (i) To supply the Exchange with
such information as may be specified by the Exchange with respect to
such person's relationships and dealings with the ETP Holder; (ii) to
permit the examination by the Exchange of such person's books and
records to verify the accuracy of the information so supplied; and
(iii) to be regulated by the Exchange and recognize the Exchange's
obligation under the Act to enforce compliance with the Exchange's
Rules, By-Laws, Interpretations and Policies and the provisions of the
Act and the rules and regulations thereunder. The Exchange is proposing
these requirements in order to make more explicit in the Exchange's
rules the obligation of ETP Holders, and all Persons Associated with
the ETP Holder, to comply with Exchange information requests, to permit
the examination of any books and records relevant to the subject matter
of an Exchange inquiry, and to consent to the regulatory jurisdiction
of the Exchange.\13\
---------------------------------------------------------------------------

    \13\ See 15 U.S.C.78f(c)(3)(C).
---------------------------------------------------------------------------

    Proposed new subparagraph (c)(i) of Rule 2.2 provides that an ETP
Holder shall register through the Central Registration Depository
System (``CRD System'') \14\ as a Principal all persons who meet the
definition thereof under Rule 1.5P.(3), i.e., persons actively engaged
in the management of the ETP Holder's securities business, including
supervision, solicitation, the conduct of the ETP Holder's business, or
the training of Authorized Traders and Persons Associated with the ETP
Holder for any of these functions. Such persons shall include sole
proprietors, officers, partners, and directors of corporations.
---------------------------------------------------------------------------

    \14\ The CRD System is operated by FINRA and defined in proposed
NSX Rule 2.2(c). ETP Holders are not required to be members of
FINRA.
---------------------------------------------------------------------------

    Further, pursuant to proposed subparagraph (c)(i), a Principal that
is responsible for supervising Authorized Traders or any Principal
designated as a Chief Compliance Officer on Schedule A of the ETP
Holder's Form BD must pass the General Securities Principal
qualification examination (``Series 24'') and be registered in CRD.
Alternatively, proposed Interpretations and Policies provision .02
provides that the Exchange will accept the New York Stock Exchange
(``NYSE'') Chief Compliance Officer Examination

(``NYSE Series 14'') as an alternative examination to qualify as a
Principal a registrant who is identified as the Chief Compliance
Officer on the ETP Holder's Form BD. This provision recognizes that
potential registrants cannot register with the Exchange as a Principal
using the Series 14 qualification through the CRD System. Except as
provided in Interpretations and Policies provisions .04, described
below, a Principal must pass the General Securities Representative
examination (``Series 7 examination'') or an equivalent foreign
examination module as a prerequisite to taking the Series 24
examination.
    Proposed subparagraphs (c)(ii) and (iii) of Rule 2.2 require each
ETP Holder, except a sole proprietorship or a proprietary trading firm
with 25 or fewer Authorized Traders (such entity defined as a ``Limited
Size Proprietary Firm''), to have a minimum of two registered
Principals. A Person registered solely as a FINOP, as defined in Rule
1.5P.(4), does not count toward the two-Principal requirement and shall
not be qualified to function in a Principal capacity with
responsibility over any area of business activity not described in Rule
1.5P.(4).\15\
---------------------------------------------------------------------------

    \15\ The provisions of the proposed rule align with those of
other SROs. See e.g., NASD Rule 1022; Bats BZX Exchange, Inc.
(``BZX'') Rule 2.5, Interpretations and Policies .01(d).
---------------------------------------------------------------------------

    Proposed subparagraph (c)(iii) states that for purposes of the
Rule, the Exchange proposes to define a proprietary firm as an ETP
Holder that trades its own capital and conducts all of its trading
activity using exclusively firm accounts and firm funds; does not have
customer accounts; whose traders are owners of, employees of, or
contractors of the firm; and is not a FINRA member.\16\ The Exchange
submits that it is appropriate and consistent with the goal of
promoting consistency and uniformity in SRO rules, to allow for an
exemption from the two-Principal requirement for those ETP Holders that
only engage in proprietary trading and have 25 or fewer Authorized
Traders. Accordingly, as proposed, such ETP Holders will be required to
maintain one Series 24 Registered Principal.
---------------------------------------------------------------------------

    \16\ The definition of ``proprietary trading firm'' proposed in
subparagraph (c)(iii) is identical to that provided in BZX Rule 2.5,
Interpretations and Policies 01(g).
---------------------------------------------------------------------------

    The Exchange further proposes to include a waiver provision that
will permit the Exchange to waive the requirements of this proposed
subparagraph in situations that indicate conclusively that only one
person associated with an applicant for membership should be required
to register as a Principal. The Exchange is proposing this amendment to
align Rule 2.2(c)(ii) with NASD Rule 1021(e)(2), which contains the
same waiver provision.
    The Exchange proposes in paragraph (d) of amended NSX Rule 2.2 to
require that ETP Holders designate and register with the Exchange
through the CRD System a FINOP, as described in proposed NSX Rule
1.5P.(5). The FINOP will be required by the Exchange to pass the
Financial and Operations Principal examination (``Series 27'')
examination'').\17\ The proposed rule will allow a FINOP to be either
an employee of the ETP Holder or an independent contractor.
---------------------------------------------------------------------------

    \17\ See NASD Rule 1022(b), (c).
---------------------------------------------------------------------------

    The Exchange is further proposing to adopt NSX Rule 2.2(e),
Continuing Education Requirements, describing such requirements for all
Registered Persons of ETP Holders. The requirements proposed in Rule
2.2(e) are identical to those in the rules of other SROs. For the
purposes of paragraph (e) the term ``Registered Person'' means any
Person registered with the Exchange as a General Securities
Representative, Securities Trader, Principal, FINOP, Person Associated
with an ETP Holder, Authorized Trader, or Market Maker Authorized
Trader pursuant to Exchange Rules.\18\ Proposed NSX Rule 2.2(e), which
aligns with FINRA Rule 1250, establishes both a ``Regulatory Element''
(applicable to Principals, Authorized Traders and General Securities
Representatives) and a ``Firm Element'' (applicable to those registered
persons that have direct customer contact).
---------------------------------------------------------------------------

    \18\ The proposed definition of ``Registered Person'' is
substantially similar to that contained in FINRA Rule 1250(a)(5).
---------------------------------------------------------------------------

    The Exchange submits that its proposed adoption of the uniform
securities industry rules regarding continuing education requirements
will promote uniformity among SRO rules.\19\
---------------------------------------------------------------------------

    \19\ See, e.g., NYSE Rule 345A; NYSE Arca Equities Rule 2.21;
BZX and Bats BZY Exchange, Inc. Rules 2.5, Interpretations and
Policies .02.
---------------------------------------------------------------------------

Amendments to NSX Rule 2.2, Interpretations and Policies
    The Exchange proposes to amend the Interpretations and Policies of
NSX Rule 2.2 to add new provisions and to relocate and amend certain
text currently found in the Interpretation and Policies provisions of
current NSX Rule 2.4 (Restrictions) as Interpretations and Policies to
NSX Rule 2.2. Currently, NSX Rule 2.4 Interpretations and Policies
describe the qualification requirements that align with NSX Rule 2.2,
as proposed to be amended by this rule filing, and the Exchange
believes that relocating these provisions will result in a better
organizational structure and greater clarity in its rules. The Exchange
also proposes to add to the amended NSX Rule 2.2 Interpretations and
Policies new provisions relating to the Securities Trader and
Securities Trader Principal categories of registration.\20\
---------------------------------------------------------------------------

    \20\ See Securities Exchange Act Release No. 75783 (August 28,
2015), 80 FR 53369 (September 3, 2015) (SR-FINRA-2015-17), Order
Approving a Proposed Rule Change To Establish the Securities Trader
and Securities Trader Principal Registration Categories.
---------------------------------------------------------------------------

    As amended, the NSX Rule 2.2 Interpretations and Policies include
the following: In provision .01, the Exchange states that it requires
the Series 7 or an equivalent foreign examination module approved by
the Exchange in qualifying persons seeking registration as General
Securities Representatives. The Exchange is relocating this clause from
NSX Rule 2.4 Interpretations and Policies, provision .01(c) and adding
the text allowing for an equivalent foreign examination module, which
will align the Exchange's requirements with those of other SROs.\21\
---------------------------------------------------------------------------

    \21\ See, e.g., NASD Rule 1032(a)(2); BZX Rule 2.5,
Interpretations and Policies .01(c).
---------------------------------------------------------------------------

    In proposed provision .02, the Exchange states that it will accept
the NYSE Series 14 as an alternative qualification to the Series 24 to
register as a Principal an individual identified as the Chief
Compliance Officer on ETP Holder's Form BD. Additionally, in order to
conform to the rules of other SROs, the Exchange specifies in provision
.05 that it uses the Uniform Application for Securities Industry
Registration or Transfer (``Form U4''), and the Uniform Termination
Notice for Securities Industry Registration (``Form U5''), through the
CRD System as part of its procedure for registration of ETP Holder
personnel. Form U4 shall be amended by the ETP Holder no later than 30
days after an event that would require an amendment to Form U4.
    In proposed provision .06, the substance of which is being
relocated from NSX Rule 2.4 Interpretations and Policies .01(b), the
Exchange will have the authority to waive the requirement of a
proficiency examination in exceptional cases, upon a written request
and a showing of good cause by an applicant. Advanced age or physical
infirmity will not individually of themselves constitute sufficient
grounds to waive a qualification examination. Experience in fields
ancillary to the investment banking or securities business may
constitute sufficient

grounds to waive a qualification examination.\22\ The Exchange is
further proposing to add Interpretations and Policies provision .07.
This proposed provision states that any costs borne by the Exchange
with respect to registration and examination may be passed through to
the applicable ETP Holder. The Exchange believes this addition is
necessary to provide ETP Holders with notice that costs may be assessed
by the Exchange to comply with the changes to its registration
rules.\23\
---------------------------------------------------------------------------

    \22\ Proposed provision .06 aligns with NASD Rule 1070(d). The
Exchange proposes this provision, in part, to allow for experience
in fields ancillary to the investment banking or securities business
to potentially constitute sufficient grounds to waive a
qualification examination, which is in line with FINRA registration
rules. Under current Exchange rules, such experience cannot
individually of itself constitute sufficient grounds to waive a
qualification examination.
    \23\ The Exchange is not proposing to add a specific fee to its
Fee and Rebate Schedule at this juncture and would make a filing
with the Commission pursuant to Section 19(b) of the Act, 15 U.S.C.
78s, prior to implementing any such fee.
---------------------------------------------------------------------------

Securities Trader and Securities Trader Principal Registrations
    The Exchange is proposing to add Interpretations and Policies
provisions .03 and .04 to adopt the Securities Trader and Securities
Trader Principal registrations.
    In proposed provision .03, the Exchange will require the Securities
Trader Qualification Examination (``Series 57'') and registration for
persons meeting the definition of a Securities Trader as set forth in
Rule 1.5S.(1). A person registered as a Securities Trader will not be
able to function in any other registration category unless he or she is
also qualified in such other registration category. For example, a
person registered solely as a Securities Trader would not be able to
perform all of the functions of a General Securities Representative
(Series 7), unless such person had obtained that registration as well.
    Proposed provision .04 would further require that a Principal who
will have supervisory responsibility for securities trading activity on
the Exchange to become qualified and registered as a Securities Trader
Principal. Qualification as a Securities Trader Principal would require
the Series 57 examination as a prerequisite to taking the Series 24
examination. A Person who is qualified and registered as a Securities
Trader Principal may only have supervisory responsibilities for the
trading activity described in NASD Rule 1032(f)(1), unless such person
is separately qualified and registered in another appropriate principal
registration category. A person who is registered as a General
Securities Principal shall not be qualified to supervise the trading
activities described in NASD Rule 1032(f)(1), unless such person has
also become qualified and registered as a Securities Trader under NASD
Rule 1032(f) by passing the Securities Trader qualification examination
and becoming registered as a Securities Trader Principal.\24\ Adopting
the Securities Trader and Securities Trader Principal qualification and
registration categories will promote consistency and uniformity within
the securities industry.
---------------------------------------------------------------------------

    \24\ Proposed provision .04 aligns with NASD Rule 1022(a)(6)(B).
---------------------------------------------------------------------------

Amendments to NSX Rule 2.4, Restrictions
    The Exchange is proposing amendments to NSX Rule 2.4, Restrictions,
that are intended to streamline and clarify the rule requirements. In
light of other changes contained in this rule proposal, the text of
current NSX Rule 2.4(e) and Interpretations and Policies .01 and .02
has been relocated to NSX Rule 2.2 and the Interpretations and Policies
to such rule. In certain areas, the repositioned rule text has been
further amended. These changes are proposed to better organize the
Exchange's requirements for the qualification, registration and
continuing education requirements applicable to registered persons.
With respect to the remaining text of NSX Rule 2.4, the Exchange is
proposing certain non-substantive amendments designed to enhance the
clarity of the rule.
Amendments to NSX Rules 2.5, 2.6, 2.7 and 2.11
    The Exchange is proposing certain non-substantive, technical or
conforming amendments to NSX Rules 2.5, 2.6, 2.7 and 2.11. Current NSX
Rule 2.5, Application Procedures for an ETP Holder or to become an
Associated Person of an ETP Holder, provides in paragraph (b) that
``[a]pplications for association with an ETP Holder shall be made on
Form U4 and such other forms as the Exchange may prescribe, and shall
be delivered to the Exchange's Vice President of Regulation or such
other officer or employee as designated by the Exchange.'' In view of
the Exchange's proposed amendments to NSX Rule 2.2, the text of
paragraph (b) is no longer needed and the Exchange proposes to delete
this text and denote paragraph (b) as ``Reserved.''
    Similarly, paragraph (f) currently provides that ``[e]xcept where,
pursuant to Section 17(d) of the Act, the Exchange has been relieved of
its responsibility to review and act upon applications for associated
persons of an ETP Holder, the procedure set forth in this Chapter shall
govern the processing of any such applications.'' The Exchange is
proposing to delete this provision because it retains the authority and
responsibility to review and approve applications for associated
persons of ETP Holders, and the proposed amendments to the
qualification and registration requirements discussed in this filing
make this current rule text inapposite. Moreover, were the Exchange to
enter into an agreement with another SRO to review and act upon
applications for associated persons of ETP Holders, such an agreement
would be subject to a filing with the Commission pursuant to Section
17(d) of the Act. Accordingly, the Exchange proposes to delete the
current text and make paragraph (f) ``Reserved.''
    The Exchange is proposing ministerial, non-substantive amendments
to NSX Rule 2.6, entitled Revocation of an ETP or an Association with
an ETP Holder, NSX Rule 2.7, entitled Voluntary Termination of Rights
as an ETP Holder and NSX Rule 2.11, entitled NSX Securities, LLC. NSX
Rule 2.6 currently states, in relevant part, that ``[i]n connection
with any revocation or voluntary termination of an ETP pursuant to Rule
2.7, the ETP shall be cancelled.'' The Exchange proposes to delete the
text referencing a voluntary termination of an ETP from NSX Rule 2.6
and add it to NSX Rule 2.7, where it is more logically placed.
    Finally, the Exchange proposes a ministerial amendment to Rule
2.11(a)(2) to remove an obsolete reference to the National Association
of Securities Dealers (``NASD'') as the unaffiliated SRO having
oversight responsibilities for NSX Securities, LLC, the Exchange's
outbound order routing facility. The correct reference should be to the
Financial Industry Regulatory Authority and the Exchange proposes to
amend the rule to denote that fact.
Amendments to Chapter XI--Trading Rules
    The Exchange is proposing to make several amendments to Chapter XI,
Trading Rules. First, the Exchange proposes to amend Rule 11.6,
Obligations of Market Maker Authorized Traders, to align the text of
the rule with the Exchange's proposed rule changes regarding the
qualification and registration of Persons Associated with

ETP Holders. The Exchange proposes to amend subparagraph (b)(2) of the
rule to add text stating that a person who successfully completes the
Series 57 qualification examination will be qualified to be registered
as a Market Maker Authorized Trader (``MMAT''). The Exchange proposes
to remove the Series 7 qualification for registration as an MMAT. The
Exchange further proposes to amend subparagraph (b)(2) to eliminate a
provision that would allow the Exchange to waive such qualification
requirements if the person applying for MMAT status had served as a
dealer-specialist or market maker on a registered national securities
exchange or association for at least two consecutive years within three
years of the date of application. The Exchange believes that requiring
the Series 57 as the qualification for registration as an MMAT and the
elimination of the waiver provision currently in NSX Rule 11.6(b)(2)
will operate to clarify the requirements necessary to qualify as an
MMAT and will further promote consistency and uniformity in the rules
regarding registration of Associated Persons.
    The Exchange is further proposing amendments to NSX Rule 11.10,
Authorized Traders, to add new paragraph (e). As proposed, the new rule
text will state that, to be eligible for registration as an Authorized
Trader of an ETP Holder, a person must successfully complete the Series
57 examination and any other training and/or certification programs as
may be required by the Exchange.
    The Exchange believes that the proposed amendments to NSX Rules
11.6 and 11.10 will provide internal consistency within NSX's rules and
eliminate a fragmented qualification standard for individuals engaged
in trading on the Exchange. Currently under Rule 11.6, an individual is
required to pass the Series 7 examination to register as an MMAT.
Current Rule 11.10 does not include a similar requirement for an
Authorized Trader that will not act as an MMAT. The Exchange proposes
to replace the Series 7 qualification with the Series 57 qualification
for both Authorized Traders and MMATs, thereby providing a uniform
registration requirement.
    Additionally, the Exchange proposes to change Rule 11.6(b) to
clarify that the Exchange will register an MMAT upon receiving a
written application from a Market Maker and subject to the eligibility
criteria described in the rule. This change is intended to clarify that
the MMAT applicant must meet the eligibility criteria set forth in the
Rule before the Exchange will register the MMAT.

2. Statutory Basis

    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \25\ in general, and furthers the objectives of
Sections 6(b)(5) \26\ and 6(c)(3)(B) \27\ in particular, in that the
amendments are intended to promote just and equitable principles of
trade, foster cooperation, and coordination among the SROs responsible
for the qualification, registration, and continuing education
requirements for registered securities industry personnel, and in
general are designed to protect investors the public interest. In
addition, the proposed amendments further the objectives of Section
6(c)(3)(B) of the Act, which provides that it is the Exchange's
responsibility to prescribe in its rules the standards of training,
experience, and competence for ETP Holders and Persons Associated with
ETP Holders; the Exchange has the authority under Section 6(c)(3)(B) to
bar an individual from becoming an ETP Holder or a person Associated
with an ETP Holder, or condition the individual's status as such, if
such person does not meet the standards of training, experience and
competence that the Exchange prescribes.
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    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
    \27\ 15 U.S.C. 78f(c)(3)(B).
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    The proposed amendments to NSX Rule 1.5, whereby the Exchange
proposes to add new definitions for the terms ``ETP Holder,''
``Person,'' ``Principal,'' ``Principal--Financial and Operational,''
``Securities Trader,'' and ``Securities Trader Principal,'' are
consistent with the statutory provisions in that they add clarity and
context to the Exchange's rules regarding securities industry personnel
to whom the proposed amended qualification and registration
requirements will apply.
    The Exchange's proposed amendments to certain provisions contained
in Chapter II of the NSX rules, entitled ``ETP Holders of the
Exchange,'' also satisfy the requirements of Sections (6)(b)(5) and
6(c)(3)(B) of the Act in that, among other things, they prescribe the
standards of training, experience, and competence for ETP Holders and
their Associated Persons. Specifically, the proposed amendments to NSX
Rule 2.2(b)(i) through (iii), providing that each ETP Holder shall
require its Associated Persons to agree: (i) To supply the Exchange
with information as requested; (ii) to permit the examination by the
Exchange of the person's books and records; and (iii) to be regulated
by the Exchange and recognize the Exchange's obligations to enforce
compliance with its rules, by-laws and policies and the provisions of
the Act, are consistent with Section 6(b)(5) in that they are designed
to establish standards of conduct for proposed Associated Persons. The
provisions will operate to promote cooperation and coordination among
persons regulating the securities markets, which is one of the
objectives of Section 6(b)(5).
    Proposed NSX Rule 2.2(c)(i)-(iii) addresses the requirements for
ETP Holders to register Principals, and provides an exemption from the
two-Principal registration requirement for sole proprietorships and
proprietary trading firms, the latter as defined in NSX Rule
2.2(c)(iii). Proposed NSX Rule 2.2(d) contains the requirement for each
ETP Holder to register a FINOP. These proposed rule provisions are
consistent with the rules of other SROs; their adoption by the Exchange
is designed to further enhance cooperation and coordination among those
entities responsible for regulating the securities industry, thereby
meeting the statutory requirement set forth in Section 6(b)(5).
    In proposed NSX Rules 2.2(e)(i) and (ii) the Exchange will adopt
the uniform industry rules establishing continuing education
requirements for the registered personnel. The proposed revisions will
contribute to the consistency of application of continuing education
requirements and meet the statutory mandate of Section 6(c)(3)(B) that
the Exchange's rules be designed to prescribe standards of training and
competence for registered personnel associated with its ETP Holders.
The proposed continuing education requirements will contribute to
uniform standards across the securities industry and avoid unnecessary
duplication or inconsistencies among SRO rules.
    The Exchange's proposed amendments to Interpretations and Policies
.01 through .07 of NSX Rule 2.2 also meet the requirements of Sections
6(b)(5) and 6(c)(3)(B) pursuant to the Act. These proposed amendments
specify that: (i) The Exchange requires the Series 7 or an equivalent
foreign examination module in qualifying persons as General Securities
Representatives; (ii) the NYSE Series 14 can be used as a qualification
for Principals designated as an ETP Holder's Chief Compliance Officer;
(iii) those who meet the qualifications of a Securities Trader must
pass the Series 57; (iv) any Principal who supervises Securities
Trading activity must qualify as a Securities Trader Principal, and
only a Principal qualified as a Securities

Trader Principal may supervise Securities Trading activity; (v) ETP
Holders must use the Form U4 and Form U5 for registration and
termination of ETP Holder personnel; (vi) the Exchange may grant a
waiver of an examination requirement in exceptional cases and upon a
showing of good cause; and (vii) the Exchange may pass through the
reasonable costs associated with such examinations and qualifications
to ETP Holders. All of these proposed amendments to the NSX Rule 2.2
Interpretations and Policies are designed to align the Exchange's rules
with the qualification and registration requirements of other SROs and
thus are designed to promote uniformity and certainty in the securities
industry, which is consistent with the statutory mandate of Section
6(b)(5) of the Act that the rules of the Exchange foster coordination
and cooperation among those entities regulating the securities markets.
    The Exchange's proposed amendments to NSX Rules 2.5, 2.6, 2.7, and
2.11 are designed as conforming amendments that resulted from the
proposed changes to the Exchange's qualification and registration
rules, or are ministerial, non-substantive changes designed to correct
deficient or obsolete text and promote clarity and consistency in the
Exchange's rules. Such amendments are consistent with Section 6(b)(5)
of the Act in that, by enhancing the organization and clarity of the
Exchange's rules, they operate to promote just and equitable principles
of trade.
    The Exchange has further proposed amendments Chapter XI, Trading
Rules, and specifically to NSX Rules 11.6 and 11.10. The proposed
amendments codify the qualification standards for MMATs and for
Authorized Traders. The proposed amendments are designed to establish
the standard of competence and knowledge required of those categories
of registered personnel, which is consistent with the requirements of
Section 6(c)(3)(B) of the Act. The adoption of these rule amendments
will conform the Exchange's standards those of FINRA and other SROs.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed amendments are
intended to promote transparency in the Exchange's rules, and
consistency with the rules of other SROs with respect to the
examination, qualification, and continuing education requirements
applicable to ETP Holders and their registered personnel. The Exchange
believes in that regard that any burden on competition would be clearly
outweighed by the important regulatory goal of ensuring clear and
consistent requirements applicable across SROs, avoiding duplication,
and mitigating any risk of SROs implementing different standards in
these important areas.
    Further, the Exchange does not believe that the proposed amendments
will affect competition among securities markets since FINRA and
exchanges have adopted similar rules with uniform standards for
qualification, registration and continuing education requirements.

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 any 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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) \28\ of the Exchange
Act and Rule 19b-4(f)(6) thereunder.\29\
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    \28\ 15 U.S.C. 78(s)(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description of the text of the proposed rule change, at least
five business days prior to the date of the filing of the proposed
rule change, or such other time as designated by the Commission. The
Exchange provided the Commission with the required notice.
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    At any time within sixty (60) days of the filing of such proposed
rule change, the Commission may summarily temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2016-07 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NSX-2016-07. This file
number should be included in the subject line if email is used. To help
the Commission process and review comments more efficiently, please use
only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
p.m. eastern time. Copies of such filings will also 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-2016-07 and should be
submitted on or before September 21, 2016.

    For the Commission by the Division of Trading and Markets,
pursuant to the delegated authority.\30\
Robert W. Errett,
Deputy Secretary.
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    \30\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-20883 Filed 8-30-16; 8:45 am]
 BILLING CODE 8011-01-P