[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Rules and Regulations]
[Page 40723-40726]
[DOCID:fr13au09-3]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

[Docket No. FDA-2009-N-0665]

New Animal Drugs for Use in Animal Feeds; Oxytetracycline;
Neomycin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a supplemental new animal drug
application (NADA) filed by Pennfield Oil Co. The supplemental NADA
provides for the use of fixed-combination Type A medicated articles
containing oxytetracycline and neomycin sulfate to formulate two-way,
fixed-combination drug Type B and Type C medicated feeds for chickens,
turkeys, swine, cattle, and sheep. This approval reflects FDA's
effectiveness conclusions which relied on the National Academy of
Sciences/National Research Council (NAS/NRC) Drug Efficacy Study
Group's evaluation of the effectiveness of these drugs when used in
animal feed as single ingredients.

DATES: This rule is effective August 13, 2009.

FOR FURTHER INFORMATION CONTACT: Harlan Howard, Center for Veterinary
Medicine (HFV-126), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of August 8, 2003
(68 FR 47332), as corrected October 7, 2003 (68 FR 57911), as part of
the Drug Efficacy Study Implementation (DESI) program, CVM announced
the effective conditions of use for several drug products and use
combinations that were listed in Sec.  558.15 (21 CFR 558.15). CVM
proposed to withdraw the NADAs for those products or use combinations
lacking substantial evidence of effectiveness following a 90-day
opportunity to supplement the NADAs with labeling conforming to the
relevant findings of effectiveness.
    In response to that notice, Pennfield Oil Co., (Pennfield) 14040
Industrial Rd., Omaha, NE 68144, filed a hearing request for its
approved NADA 138-939 NEO-OXY 50/50, NEO-OXY 100/100, and NEO-OXY 100/
100 MR (oxytetracycline and neomycin sulfate). These products are two-
way, fixed-combination Type A medicated articles used to make two-way
combination drug Type C medicated feeds. Pennfield subsequently filed a
supplement to NADA 138-939 to revise the labeling of these products to
comply with these findings of effectiveness. The supplemental NADA
provided for use of these fixed-combination Type A medicated articles
to formulate two-way, fixed-combination drug Type B and Type C
medicated feeds containing oxytetracycline and neomycin sulfate, in a
1:1 ratio, for several production and therapeutic indications in
chickens, turkeys, swine, cattle, and sheep. The supplemental NADA is
approved as of July 2, 2009, and the regulations are amended in 21 CFR
558.455 to reflect the approval. Pennfield has since withdrawn its
hearing request for NDA 138-939.
    Approval of this supplemental NADA did not require review of any
new safety or effectiveness data. Therefore, a freedom of information
summary was not prepared.
    The DESI evaluation was concerned only with the effectiveness of
the drug products and use combinations. Nothing in this document
constitutes a bar to further proceedings with respect to questions of
safety of the subject drugs in treated animals or of the drugs or their
metabolites in food products derived from treated animals.
    Products that comply with FDA's findings of effectiveness are
eligible for copying, as described in the Generic Animal Drug and
Patent Term Restoration Act Policy Letter Eight, August 21, 1991 (56 FR
41561). Accordingly, sponsors may now obtain approval of abbreviated
NADAs for this fixed combination Type A medicated article.
    The agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment

nor an environmental impact statement is required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 558

    Animal drugs, Animal feeds.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is
amended as follows:

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
1. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority: 21 U.S.C. 360b, 371.

0
2. Amend Sec.  558.455 as follows:
0
a. Revise paragraph (b);
0
b. Redesignate paragraph (d) as paragraph (e);
0
c. Add new paragraph (d); and
0
d. Revise newly redesignated paragraph (e).
    The redesignation, additions, and revisions read as follows:

Sec.  558.455  Oxytetracycline and neomycin.

* * * * *
    (b) Sponsors. See Nos. 048164 and 066104 in Sec.  510.600(c) of
this chapter.
* * * * *
    (d) Special considerations. Cattle feeds shall bear the following
warning statement: ``Use of more than one product containing neomycin
or failure to follow withdrawal times may result in illegal drug
residues.''
    (e) Indications for use--(1) Chickens. It is used in feed as
follows:

----------------------------------------------------------------------------------------------------------------
Oxytetracycline and neomycin
 sulfate amount in grams per       Indications for use              Limitations                  Sponsors
         ton of feed
----------------------------------------------------------------------------------------------------------------
(i) 10 to 50                  Chickens: For increased rate  Feed continuously; do not                     048164
                               of weight gain and improved   feed to chickens producing                   066104
                               feed efficiency.              eggs for human
                                                             consumption; in low
                                                             calcium feeds withdraw 3
                                                             days before slaughter.
----------------------------------------------------------------------------------------------------------------
(ii) 100 to 200               Chickens: For control of      Feed continuously for 7 to                    048164
                               infectious synovitis caused   14 d; do not feed to                         066104
                               by Mycoplasma synoviae;       chickens producing eggs
                               control of fowl cholera       for human consumption; in
                               caused by Pasteurella         low calcium feed, withdraw
                               multocida susceptible to      3 d before slaughter.
                               oxytetracycline.
----------------------------------------------------------------------------------------------------------------
(iii) 400                      Chickens: For control of     Feed continuously for 7 to                    048164
                               chronic respiratory disease   14 d; do not feed to                         066104
                               (CRD) and air sac infection   chickens producing eggs
                               caused by M. gallisepticum    for human consumption; in
                               and Escherichia coli          low calcium feeds,
                               susceptible to                withdraw 3 d before
                               oxytetracycline.              slaughter.
----------------------------------------------------------------------------------------------------------------
(iv) 500                      Chickens: For reduction of    Feed continuously for 5 d;                    048164
                               mortality due to air          do not feed to chickens                      066104
                               sacculitis (air-sac-          producing eggs for human
                               infection) caused by E.       consumption; withdraw 24
                               coli susceptible to           hours before slaughter; in
                               oxytetracycline.              low calcium feeds withdraw
                                                             3 d before slaughter.
----------------------------------------------------------------------------------------------------------------

    (2) Turkeys. It is used in feed as follows:

----------------------------------------------------------------------------------------------------------------
Oxytetracycline and neomycin
       sulfate amount              Indications for use              Limitations                  Sponsors
----------------------------------------------------------------------------------------------------------------
(i) 10 to 50 grams per ton    Growing turkeys: For          Feed continuously; do not                     048164
 (g/ton) of feed               increased rate of weight      feed to turkeys producing                    066104
                               gain and improved feed        eggs for human
                               efficiency.                   consumption.
----------------------------------------------------------------------------------------------------------------
(ii) 100 g/ton of feed        Turkeys: For control of       Feed continuously for 7 to                    048164
                               hexamitiasis caused by        14 d; do not feed to                         066104
                               Hexamita meleagridis          turkeys producing eggs for
                               susceptible to                human consumption.
                               oxytetracycline.
----------------------------------------------------------------------------------------------------------------
(iii) 200 g/ton of feed       Turkeys: For control of       Feed continuously for 7 to                    048164
                               infectious synovitis caused   14 d; withdraw 5 d before                    066104
                               by M. synoviae susceptible    slaughter; do not feed to
                               to oxytetracycline.           turkeys producing eggs for
                                                             human consumption.
----------------------------------------------------------------------------------------------------------------
(iv) To provide 25            Turkeys: For control of       Feed continuously for 7 to                    048164
 milligrams per pound (mg/     complicating bacterial        14 d; withdraw 5 d before                    066104
 lb) of body weight daily.     organisms associated with     slaughter; do not feed to
                               bluecomb (transmissible       turkeys producing eggs for
                               enteritis; coronaviral        human consumption.
                               enteritis) susceptible to
                               oxytetracycline.
----------------------------------------------------------------------------------------------------------------

    (3) Swine. It is used in feed as follows:

----------------------------------------------------------------------------------------------------------------
Oxytetracycline and neomycin
       sulfate amount              Indications for use              Limitations                  Sponsors
----------------------------------------------------------------------------------------------------------------
(i) 10 to 50 g/ton of feed    Swine: For increased rate of  Feed continuously.                            048164
                               weight gain and improved                                                   066104
                               feed efficiency.
----------------------------------------------------------------------------------------------------------------
(ii) To provide 10 mg/lb of   1. Swine: For treatment of    Feed continuously for 7 to                    048164
 body weight daily.            bacterial enteritis caused    14 d; withdraw 5 d before                    066104
                               by E. coli and Salmonella     slaughter.
                               choleraesuis and treatment
                               of bacterial pneumonia
                               caused by P. multocida
                               susceptible to
                               oxytetracycline; treatment
                               and control of
                               colibacillosis (bacterial
                               enteritis) caused by E.
                               coli susceptible to
                               neomycin.
                              2. Breeding swine: For        Feed continuously for not                     048164
                               control and treatment of      more than 14 d; withdraw 5                   066104
                               leptospirosis (reducing the   d before slaughter.
                               incidence of abortion and
                               shedding of leptospirae)
                               caused by Leptospira pomona
                               susceptible to
                               oxytetracycline.
----------------------------------------------------------------------------------------------------------------

    (4) Cattle and sheep. It is used in feed as follows:

----------------------------------------------------------------------------------------------------------------
Oxytetracycline and neomycin
       sulfate amount              Indications for use              Limitations                  Sponsors
----------------------------------------------------------------------------------------------------------------
(i) 10 to 20 g/ton of feed    Sheep: For increased rate of  Feed continuously.                            048164
                               weight gain and improved                                                   066104
                               feed efficiency.
----------------------------------------------------------------------------------------------------------------
(ii) To provide 0.05 to 0.1   Calves (up to 250 lb): For    Feed continuously; in milk                    048164
 mg/lb of body weight daily.   increased rate of weight      replacers or starter feed.                   066104
                               gain and improved feed
                               efficiency.
----------------------------------------------------------------------------------------------------------------
(iii) To provide 10 mg/lb of  1. Calves and beef and        Feed continuously for 7 to                    048164
 body weight daily.            nonlactating dairy cattle:    14 d; in feed or milk                        066104
                               For treatment of bacterial    replacers. If symptoms
                               enteritis caused by E. coli   persist after using for 2
                               and bacterial pneumonia       or 3 days, consult a
                               (shipping fever complex)      veterinarian. Treatment
                               caused by P. multocida        should continue 24 to 48
                               susceptible to                hours beyond remission of
                               oxytetracycline; treatment    disease symptoms. A
                               and control of                withdrawal period has not
                               colibacillosis (bacterial     been established for use
                               enteritis) caused by E.       in preruminating calves.
                               coli susceptible to           Do not use in calves to be
                               neomycin.                     processed for veal. A milk
                                                             discard time has not been
                                                             established for use in
                                                             lactating dairy cattle. Do
                                                             not use in female dairy
                                                             cattle 20 months of age or
                                                             older. Withdraw 5 d before
                                                             slaughter.
                              2. Calves (up to 250 lb):     Feed continuously for 7 to                    048164
                               For treatment of bacterial    14 d; in milk replacers or                   066104
                               enteritis caused by E. coli   starter feed. If symptoms
                               susceptible to                persist after using for 2
                               oxytetracycline; treatment    or 3 days, consult a
                               and control of                veterinarian. Treatment
                               colibacillosis (bacterial     should continue 24 to 48
                               enteritis) caused by E.       hours beyond remission of
                               coli susceptible to           disease symptoms. A
                               neomycin.                     withdrawal period has not
                                                             been established for use
                                                             in preruminating calves.
                                                             Do not use in calves to be
                                                             processed for veal. A milk
                                                             discard time has not been
                                                             established for use in
                                                             lactating dairy cattle. Do
                                                             not use in female dairy
                                                             cattle 20 months of age or
                                                             older. Withdraw 5 d before
                                                             slaughter.

                              3. Sheep: For treatment of    Feed continuously for 7 to                    048164
                               bacterial enteritis caused    14 d. If symptoms persist                    066104
                               by E. coli and bacterial      after using for 2 or 3
                               pneumonia caused by P.        days, consult a
                               multocida susceptible to      veterinarian. Treatment
                               oxytetracycline; treatment    should continue 24 to 48
                               and control of                hours beyond remission of
                               colibacillosis (bacterial     disease symptoms. Withdraw
                               enteritis) caused by E.       5 d before slaughter.
                               coli susceptible to
                               neomycin.
----------------------------------------------------------------------------------------------------------------
(iv) To provide 25 mg/head/   Calves (250 to 400 lb): For   Feed continuously.                            048164
 day                           increased rate of weight                                                   066104
                               gain and improved feed
                               efficiency.
----------------------------------------------------------------------------------------------------------------
(v) To provide 75 mg/head/    Growing cattle (over 400      Feed continuously.                            048164
 day                           lb): For increased rate of                                                 066104
                               weight gain; improved feed
                               efficiency, and reduction
                               of liver condemnation due
                               to liver abscesses.
----------------------------------------------------------------------------------------------------------------
(vi) To provide 0.5 to 2.0 g/ Cattle: For prevention and    Feed 3 to 5 d before and                      048164
 head/ day                     treatment of the early        after arrival in feedlots.                   066104
                               stages of shipping fever      A withdrawal period has
                               complex.                      not been established for
                                                             use in preruminating
                                                             calves. Do not use in
                                                             calves to be processed for
                                                             veal. A milk discard time
                                                             has not been established
                                                             for use in lactating dairy
                                                             cattle. Do not use in
                                                             female dairy cattle 20
                                                             months of age or older.
----------------------------------------------------------------------------------------------------------------

    Dated: August 7, 2009.
William T. Flynn,
Acting Director, Center for Veterinary Medicine.
[FR Doc. E9-19414 Filed 8-12-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 85, Number 218 (Tuesday, November 10, 2020)]
[Notices]
[Pages 71709-71710]
[FR Doc No: 2020-23279]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Burlington International Airport, South Burlington VT; FAA
Approval of Noise Compatibility Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the City of
Burlington, Vermont under the provisions of Title I of the Aviation
Safety and Noise Abatement Act of 1979. These findings are made in
recognition of the description of federal and non-federal
responsibilities in Senate Report No. 96-52 (1980). On October 14,
2020, the Airports Division Deputy Director approved the Burlington
International Airport noise compatibility program. This supersedes the
approval issued August 27, 2020. All of the proposed program elements
were approved.

DATES: The date of the FAA's approval of the Burlington International
Airport noise compatibility program is October 14, 2020.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation
Administration, New England Region, Airports Division, 1200 District
Avenue,

Burlington, Massachusetts 01803. Telephone<PHONE_NUMBER>. Email:
<EMAIL_ADDRESS>Documents reflecting this FAA action may be
obtained from the same individual. The Noise Compatibility Plan and
supporting information can also be found at www.btvsound.com.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Burlington International Airport noise
compatibility program, effective October 14, 2020.
    Under Section 104 (a) of the Aviation Safety and Noise Abatement
Act of 1979 (hereinafter the Act), an airport operator who has
previously submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the noise exposure maps.
    The Act requires such programs to be developed in consultation with
interested and affected parties including local communities, government
agencies, airport users, and FAA personnel.
    Each airport noise compatibility program developed in accordance
with 14 CFR part 150 is a local program, not a federal program. The FAA
does not substitute its judgment for that of the airport proprietor
with respect to which measures should be recommended for action. The
FAA's approval or disapproval of the Part 150 program recommendations
is measured according to the standards expressed in Part 150 and the
Act, and is limited to the following determinations:
    (a) The noise compatibility program was developed in accordance
with the provisions and procedures of FAR Part 150;
    (b) Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    (c) Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the federal government; and
    (d) Program measures relating to the use of flight procedures can
be implemented within the period covered by the program without
derogating safety, adversely affecting the efficient use and management
of the navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator as
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in Part 150, Section 150.5.
Approval is not a determination concerning the acceptability of land
uses under Federal, state, or local law. Approval does not by itself
constitute a FAA implementing action. A request for Federal action or
approval to implement specific noise compatibility measures may be
required, and an FAA decision on the request may require an
environmental assessment of the proposed action.
    Approval does not constitute a commitment by the FAA to financially
assist in the implementation of the program nor a determination that
all measures covered by the program are eligible for grant-in-aid
funding from the FAA under the Airport and Airway Improvement Act of
1982. Where Federal funding is sought, requests for project grants must
be submitted to the FAA Regional Office in Burlington, Massachusetts.
    The Burlington International Airport study contains a proposed
noise compatibility program comprised of actions designed for
implementation by airport management and adjacent jurisdictions. The
Burlington International Airport, South Burlington, Vermont requested
that the FAA evaluate and approve this material as a noise
compatibility program as described in Section 104(b) of the Act. The
FAA began its review of the program on April 15, 2020, and was required
by a provision of the Act to approve or disapprove the program within
180 days (other than the use of new flight procedures for noise
control). Failure to approve or disapprove such a program within the
180-day period shall be deemed to be an approval of such a program.
    The submitted program contained 9 noise mitigation measures,
including 2 to be removed. The FAA completed its review and determined
that the procedural and substantive requirements of the Act and Part
150 have been satisfied. All 7 recommended measures were approved, and
2 recommended for removal were approved for removal. The new program
will de-emphasize land acquisition in lieu of sound insulation, as the
primary noise mitigation measure.
    The Airports Division originally approved the program on August 27,
2020. After issuance of the Record of Approval, the FAA discussed its
implementation with the City of Burlington. Based on this discussion,
the FAA made two small revisions to the Record of Approval and issued a
revised approval on October 14, 2020. These revisions clarify FAA
funding of the Purchase Assurance and Sales Assistance programs
(measures #6 and #7). That prior approval is superseded by issuance of
a new Record of Approval on October 14, 2020.
    FAA's determinations are set forth in detail in a Record of
Approval approved on October 14, 2020. The Record of Approval, as well
as other evaluation materials and the documents comprising the
submittal, are available for review at the FAA office listed above and
at the administrative offices of Burlington International Airport,
South Burlington, Vermont.

    Issued in Burlington, Massachusetts, on October 14, 2020.
Julie Seltsam-Wilps,
Airports Division Deputy Director, FAA New England Region.
[FR Doc. 2020-23279 Filed 11-9-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Notices]
[Pages 2964-2965]
[FR Doc No: 2012-1079]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-41-000]

Liberty Energy (Midstates) Corp.; Notice of Application

    Take notice that on January 4, 2012, Liberty Energy (Midstates)
Corp. (Liberty Midstates), 2845 Bristol Circle, Oakville, Ontario,
Canada L6H 7H7, filed in Docket No. CP12-41-000, an application
pursuant to section 7(f) of the Natural Gas Act (NGA) requesting the
determination of a service area \1\

within which Liberty Midstates may, without further Commission
authorization, enlarge or expand its natural gas distribution
facilities. Liberty Midstates also requests: (i) A waiver of the
Commission's accounting and reporting requirements and other regulatory
requirements ordinarily applicable to natural gas companies under the
NGA and the NGPA; (ii) pregranted abandonment of this service; and
(iii) such further relief the Commission may deem appropriate, all as
more fully set forth in the application, which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
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    \1\ Liberty Midstates states that it seeks a service area
determination in order to provide natural gas service to more than
65 Missouri communities via the Missouri distribution facilities it
would acquire from Atmos Energy Corporation (Atmos). Liberty
Midstates would also acquire a 35-foot pipeline on the Kansas-
Missouri border, which would enable Liberty Midstates to receive
natural gas volumes from Atmos on behalf of its Missouri
distribution customers.
---------------------------------------------------------------------------

    Any questions regarding this application should be directed to
William F. Demarest, Jr., Husch Blackwell LLP, 750 17th St. NW., Suite
900, Washington, DC 20006, or at<PHONE_NUMBER> (telephone) or email:
<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link.
    Comment Date: February 2, 2012.

    Dated: January 12, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-1079 Filed 1-19-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Pages 85769-85771]
[FR Doc No: 2020-28671]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90750; File No. SR-NYSE-2020-101]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Exchange Rules To Delete Rules That Are Not Applicable to Trading
on the Pillar Trading Platform

December 21, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on December 9, 2020, New York Stock Exchange LLC (``NYSE''
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 prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Exchange rules to delete rules that
are not applicable to trading on the Pillar trading platform or are
otherwise obsolete. The proposed rule change is available on the
Exchange's website at www.nyse.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 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its rules to delete rules that are
not applicable to trading on the Pillar trading platform or are
otherwise obsolete.
    To effect its transition of trading to the Pillar platform, the
Exchange adopted Rules 1P through 13P. In addition, because certain
Exchange rules pertaining to trading on a floor-based trading platform
are not applicable to trading on the Pillar platform, the Exchange
designated specified rules governing such trading with the following
preamble: ``This rule is not applicable to trading on the Pillar
trading platform.'' \4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 85962 (May 29,
2019), 84 FR 26188 (June 5, 2019) and 81225 (July 27, 2017), 82 FR
36033 (August 2, 2017) (SR-NYSE-2017-35).
---------------------------------------------------------------------------

    On August 22, 2019, the Exchange completed its transition of all
trading to the Pillar platform. Because the rules that are not
applicable to trading on the Pillar trading platform are now obsolete,
the Exchange proposes to delete rules that have been replaced by a
Pillar rule. The following chart sets forth the proposed rules for
deletion (left-hand column) and applicable Pillar rule (right-hand
column):

------------------------------------------------------------------------
       Rule proposed for deletion             Applicable Pillar rule
------------------------------------------------------------------------
Rule 4 (Stock).........................  Rule 1.1(r) (NMS Stock).
Rule 7 (Exchange BBO)..................  Rule 1.1(c) (BBO).
Rule 13 (Orders and Modifiers),          Rule 7.31 (Orders and
 provided that the Exchange proposes to   Modifiers).
 retain the definition of ``retail''
 modifier as set forth in Rule 13(f)(2)
 and proposes to rename Rule 13 as
 ``Retail Modifiers.''
Rule 14 (Bid or Offer Deemed Regular     Rule 7.8 (Bid or Offer Deemed
 Way).                                    Regular Way).
Rule 15 (Pre-Opening Indications and     Rule 7.35 (General) and Rule
 Opening Order Imbalance Information).    7.35A (DMM-Facilitated Core
                                          Open and Trading Halt
                                          Auctions).
Rule 15A (Order Protection Rule).......  Rule 7.37 (Order Execution and
                                          Routing).
Rule 19 (Locking or Crossing Protected   Rule 7.37 (Order Execution and
 Quotations in NMS Stocks).               Routing).
Rule 51 (Hours for Business)...........  Rule 7.1 (Hours of Business)
                                          and Rule 7.2 (Holidays).
Rule 52 (Dealings on the Exchange--      Rule 7.34 (Trading Sessions).
 Hours).
Rule 55 (Unit of Trading--Stocks and     Rule 7.5 (Trading Units).
 Bonds).
Rule 56 (Unit of Trading--Rights)......  Rule 7.5 (Trading Units).
Rule 60 (Dissemination of Quotations)..  Rule 7.17 (Firm Orders and
                                          Quotes).
Rule 61 (Recognized Quotations)........  Rule 7.5 (Trading Units).
Rule 62 (Variations)...................  Rule 7.6 (Trading
                                          Differentials).
Rule 70 (Execution of Floor Broker       Rule 7.31 (Orders and
 Interest), provided that the Exchange    Modifiers).
 proposes to retain Supplementary
 Material .30 and .40 to this Rule and
 proposes to rename Rule 70 as
 ``Operation of an Exchange-Approved
 Booth Premise''.
Rule 72 (Priority of Bids and Offers     Rule 7.36 (Order Ranking and
 and Allocation of Executions),           Display) and Rule 7.37 (Order
 provided that the Exchange proposes to   Execution and Routing).
 retain paragraph (d) and Supplementary
 Material .10 of this Rule and proposes
 to rename Rule 72 as ``Priority of
 Cross Transactions''.
Rule 79A (Miscellaneous Requirements on  Rule 7.36 (Order Ranking and
 Stock Market Procedures).                Display) and Rule 7.37 (Order
                                          Execution and Routing).
Rule 80C (Limit Up-Limit Down Plan and   Rule 7.11 (Limit Up-Limit Down
 Trading Pauses in Individual             Plan and Trading Pauses in
 Securities Due to Extraordinary Market   Individual Securities Due to
 Volatility).                             Extraordinary Market
                                          Volatility).
Rule 107C (Retail Liquidity Program)...  Rule 7.44 (Retail Liquidity
                                          Program).

Rule 115A (Orders at Opening)..........  Rule 7.35 (General) and Rule
                                          7.35A (DMM-Facilitated Core
                                          Open and Trading Halt
                                          Auctions).
Rule 116 (``Stop'' Constitutes           Rule 7.35B (DMM-Facilitated
 Guarantee).                              Closing Auctions).
Rule 123C (The Closing Procedures).....  Rule 1.1(s) (Definition of
                                          Official Closing Price), Rule
                                          7.35 (General), Rule 7.35C
                                          (DMM-Facilitated Closing
                                          Auctions), and Rule 7.35C
                                          (Exchange-Facilitated
                                          Auctions).
Rule 123D (Openings and Halts in         Rule 7.35A (DMM-Facilitated
 Trading), provided that the Exchange     Core Open and Trading Halt
 proposes to retain paragraphs (d) and    Auctions) and Rule 7.35C
 (e) of this Rule and proposes to         (Exchange-facilitated
 rename Rule 123D as ``Halts in           Auctions).
 Trading''.
Rule 127 (Block Crosses Outside the      Not available.
 Prevailing NYSE Quotation).
Rule 128 (Clearly Erroneous Executions   Rule 7.10 (Clearly Erroneous
 for NYSE Equities).                      Executions).
Rule 1000 (Automatic Executions).......  Rule 7.32 (Order Entry) and
                                          Rule 7.37 (Order Execution and
                                          Routing).
Rule 1001 (Execution of Automatically    Rule 7.37 (Order Execution and
 Executing Orders).                       Routing).
Rule 1002 (Availability of Automatic     Rule 7.37 (Order Execution and
 Execution Feature.                       Routing).
Rule 1004 (Election of Buy Minus Zero    Rule 7.31 (Orders and
 Plus Orders).                            Modifiers).
------------------------------------------------------------------------

    In addition, the Exchange proposes to delete the following rules in
their entirety as obsolete:

     Rule 133. Comparison--Non-cleared Transactions
     Rule 136. Comparison--Transactions Excluded from a
Clearance
     Rule 137. Written Contracts
     Rule 137A. Samples of Written Contracts
     Rule 139. Recording
     Rule 140. Members Closing Contracts--Conditions
     Rule 141. ``Fail to Deliver'' Confirmations
     Rule 142. Effect on Contracts of Errors in Comparison,
etc.
     Marking to the Market (Rules 165-168)
     Settlement of Contracts (Rules 175-227), with the
exception of Supplementary Material .20 to Rule 200 (Assignments--By
Member Organization)
     Dividends, Interest, Rights, etc. (Rules 235-251), with
the exception of Rule 235 (Ex-Dividend, Ex-Rights) and Rule 236 (Ex-
Warrants) \5\
---------------------------------------------------------------------------

    \5\ The Exchange proposes to retain the section header
``Dividends, Interest, Rights, etc.'' and proposes to update the
parenthetical to include only Rules 235 and 236.
---------------------------------------------------------------------------

     Due-Bills (Rules 255-259)
     Reclamations (Rules 265-275)
     Closing Contracts (Rules 280-295), with the exception of
Rule 282 (Buy-in Procedures)
     Liquidation of Securities Loans and Borrowings (Rule 296)
     Miscellaneous Floor Procedure (Rules 297-299C)
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\6\ in general, and
furthers the objectives of Section 6(b)(5),\7\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to, and perfect the
mechanism of, a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that its proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would eliminate rules that are now
obsolete. The elimination of obsolete rules would reduce potential
confusion and improve the clarity of the Exchange's rules, thereby
ensuring that members, regulators, and the public can more easily
navigate and understand the Exchange's rulebook.

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 change is not
designed to address any competitive issue, but rather it is designed to
eliminate obsolete rules and enhance the clarity of the Exchange's
rules.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) \9\
thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay.\10\ The Commission finds that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because waiver of the operative delay will eliminate the potential for
confusion and improve clarity by eliminating rules that are no longer
applicable or are otherwise obsolete. Accordingly, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\11\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-101 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-NYSE-2020-101. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-101 and should be submitted on
or before January 19, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28671 Filed 12-28-20; 8:45 am]
BILLING CODE 8011-01-P