[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75601-75602]
[DOCID:fr15de06-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54912; File No. SR-NYSE-2006-110]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Relating to the Retroactive
Application of an Increase to Its Linkage Order Fee

December 11, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 6, 2006, the New York Stock Exchange LLC (``NYSE'' or
``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to retroactively apply, as of December 1,
2006, an increase from $0.00025 to $0.000275 per share in the fee
(``Linkage Order Fee'') it charges its member organizations in
connection with orders in equities executed in another market pursuant
to the Plan for the Purpose of Creating and Operating an Intermarket
Communications Linkage (``Linkage Plan'').
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nyse.com), at the Exchange's Office of the

Secretary, and at the Commission's Public Reference Room.\3\
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    \3\ The text of the proposed rule change was filed as Exhibit
No. 5 to the Exchange's December 4, 2006, filing (see SR-NYSE-2006-
108), which established the revised Linkage Order Fee as immediately
effective on that date.

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

    In its filing with the Commission, NYSE 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 aspects 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 retroactively apply, as of December 1,
2006, an increase from $0.00025 to $0.000275 per share in the Linkage
Order Fee it charges its member organizations in connection with orders
in equities executed in another market pursuant to the Linkage Plan.
This increase in the Linkage Order Fee became effective on Monday,
December 4, 2006 pursuant to a previous rule change submitted by the
Exchange.\4\ The Linkage Order Fee was increased to $0.000275 to set it
at the same level as the regular equity transaction fee, which was
increased to that level as of December 1, 2006.\5\ The current filing
simply applies the revised Linkage Order Fee to transactions that
occurred on December 1, 2006, which is the only business day with
respect to which the Linkage Order Fee and the regular equity
transaction fee have not been harmonized by the previous filing. The
Exchange wishes to harmonize the Linkage Order Fee payable on
transactions executed through the Linkage on December 1, 2006, with the
regular equity transaction fee payable on that day because the
difference in the amount payable by customers would be immaterial, but
the Exchange would incur significant costs in identifying those
transactions which should be charged the lower fee rate.\6\
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    \4\ See id.
    \5\ See Exchange Act Release No. 54856 (December 1, 2006); 71 FR
71215 (December 8, 2006) (SR-NYSE-2006-106).
    \6\ The Exchange estimates that the difference in the amount of
Linkage Order Fees payable under the old rate as compared to the
proposed revised rate by customers for trades executed on December
1, 2006, would be less than $2,000.00. Telephone conversation
between John Carey, Assistant General Counsel, NYSE, and Nathan
Saunders, Special Counsel, Division of Market Regulation,
Commission, December 7, 2006.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 \7\ of the Act in general, and
furthers the objectives of Section 6(b)(4)\8\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities. The Exchange believes that it is equitable to retroactively
increase the Linkage Order Fee payable on transactions executed through
the Linkage on December 1, 2006, to harmonize it with the regular
equity transaction fee payable on that day, because the difference in
the amount payable by customers would be immaterial, but the Exchange
would incur significant costs in identifying those transactions which
should be charged the lower fee rate.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which the Exchange consents, the Commission will:
    (A) by order approve the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSE-2006-110 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2006-110. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of the Exchange. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NYSE-2006-110 and should be submitted on or before January 5, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
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    \9\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E6-21372 Filed 12-14-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68476-68479]
[FR Doc No: 2016-23929]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78960; File No. SR-NSX-2016-12]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend Exchange Rule 11.26 To Implement the Regulation NMS Plan To
Implement a Tick Size Pilot Program

September 28, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on 22 September, 2016, National Stock Exchange, Inc. (``NSX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') a proposed rule change, as described in
Items I, and II below, which Items have been substantially prepared by
the Exchange. The Exchange has designated this proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6)(iii) \4\ thereunder, which renders it
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend NSX Rule 11.26 to modify
certain data collection requirements of the Regulation NMS Plan to
Implement a Tick Size Pilot Program (the ``Plan''). The proposed rule
change is substantially similar to proposed rule changes recently
approved or published by the Commission for the Financial Industry
Regulatory Authority, Inc. (``FINRA'') to amend FINRA Rule 6191, which
also sets forth amendments to the requirements for the collection and
transmission of data pursuant to Appendices B and C of the Plan.\5\ The
Exchange has designated this proposal as a ``non-controversial''
proposed rule change and provided the Commission with the notice
required by Rule 19b-4(f)(6)(iii) under the Act.\6\
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    \5\ See Securities Exchange Act Release No. 78800 (September 9,
2016), 81 FR 63565 (September 15, 2016) (SR-FINRA-2016-35).
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is available at the Exchange's
Web site at 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 the
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and statutory 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
    On August 25, 2014, NYSE Group, Inc., on behalf of BZX, Chicago
Stock Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange,
Inc., FINRA, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, the Nasdaq Stock
Market LLC, New York Stock Exchange LLC (``NYSE''), NYSE MKT LLC, and
NYSE Arca, Inc. (collectively ``Participants''), filed with the
Commission, pursuant to Section 11A of the Act \7\ and Rule 608 of
Regulation NMS thereunder,\8\ the Plan to Implement a Tick Size Pilot
Program (``Pilot'').\9\ The Participants filed the Plan to comply with
an order issued by the Commission on June 24, 2014.\10\ The Plan \11\
was published for comment in the Federal Register on November 7, 2014
and was thereafter approved by the Commission, as modified, on May 6,
2015.\12\ On November 6, 2015, the Commission granted the Participants
an exemption from implementing the Plan until October 3, 2016.\13\ On
March 3, 2016, the Commission noticed an

amendment to the Plan adding NSX as a Participant.\14\
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    \7\ 15 U.S.C. 78k-1.
    \8\ 17 CFR 242.608.
    \9\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \10\ See Securities Exchange Act Release No. 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \11\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
    \12\ See Securities Exchange Act Release No. 74892 (May 6,
2015), 80 FR 27513 (May 13, 2015) (File No. 4-657) (``Approval
Order'').
    \13\ See Securities Exchange Act Release No. 76382 (November 6,
2015), 80 FR 70284 (November 13, 2015) (File No. 4-657) (Order
Granting Exemption From Compliance With the National Market System
Plan To Implement a Tick Size Pilot Program).
    \14\ See Securities Exchange Act Release No. 77277 (March 3,
2016), 81 FR 12162 (March 8, 2016).
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    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stocks of small-
capitalization companies. Each Participant is required to comply, and
to enforce compliance by its member organizations, as applicable, with
the provisions of the Plan. As is described more fully below, the
proposed rules would require ETP Holders \15\ to comply with the
applicable data collection requirements of the Plan.\16\
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    \15\ An ``ETP Holder'' is a registrant of NSX to which NSX has
issued an ETP. An ``ETP'' is defined as ``. . . an Equity Trading
Permit issued by the Exchange for effecting approved securities
transactions on the Exchange's trading facilities. . . .'' See
Exchange Rule 1.5.E(1).
    \16\ Interpretations and Policies .11 to Rule 11.26 to [sic]
provide that the Rule shall be in effect during a pilot period to
coincide with the pilot period for the Plan (including any
extensions to the pilot period for the Plan).
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    The Pilot will include stocks of companies with $3 billion or less
in market capitalization, an average daily trading volume of one
million shares or less, and a volume weighted average price of at least
$2.00 for every trading day. The Pilot will consist of a control group
of approximately 1,400 Pilot Securities and three test groups with 400
Pilot Securities in each (selected by a stratified random sampling
process).\17\ During the pilot, Pilot Securities in the control group
will be quoted at the current tick size increment of $0.01 per share
and will trade at the currently permitted increments. Pilot Securities
in the first test group (``Test Group One'') will be quoted in $0.05
minimum increments but will continue to trade at any price increment
that is currently permitted.\18\ Pilot Securities in the second test
group (``Test Group Two'') will be quoted in $0.05 minimum increments
and will trade at $0.05 minimum increments subject to a midpoint
exception, a retail investor order exception, and a negotiated trade
exception.\19\ Pilot Securities in the third test group (``Test Group
Three'') will be subject to the same quoting and trading increments as
Test Group Two and also will be subject to the ``Trade-at'' requirement
to prevent price matching by a market participant that is not
displaying at a Trading Center's ``Best Protected Bid'' or ``Best
Protected Offer,'' unless an enumerated exception applies.\20\ In
addition to the exceptions provided under Test Group Two, an exception
for Block Size orders and exceptions that mirror those under Rule 611
of Regulation NMS \21\ will apply to the Trade-at requirement.
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    \17\ See Section V of the Plan for identification of Pilot
Securities, including criteria for selection and grouping.
    \18\ See Section VI(B) of the Plan.
    \19\ See Section VI(C) of the Plan.
    \20\ See Section VI(D) of the Plan.
    \21\ 17 CFR 242.611.
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    In approving the Plan, the Commission noted that the Trading Center
data reporting requirements would facilitate an analysis of the effects
of the Pilot on liquidity (e.g., transaction costs by order size),
execution quality (e.g., speed of order executions), market maker
activity, competition between trading venues (e.g., routing frequency
of market orders), transparency (e.g., choice between displayed and
hidden orders), and market dynamics (e.g., rates and speed of order
cancellations).\22\ The Commission noted that Market Maker
profitability data would assist the Commission in evaluating the
effect, if any, of a widened tick increment on market marker profits
and any corresponding changes in the liquidity of small-capitalization
securities.\23\
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    \22\ See Approval Order, 80 FR at 27543.
    \23\ Id.
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Compliance With the Data Collection Requirements of the Plan
    The Plan contains requirements for collecting and transmitting data
to the Commission and to the public.\24\ Specifically, Appendix B.I of
the Plan (Market Quality Statistics) requires Trading Centers \25\ to
submit variety of market quality statistics, including information
about an order's original size, whether the order was displayable or
not, the cumulative number of orders, the cumulative number of shares
of orders, and the cumulative number of shares executed within specific
time increments, e.g., from 30 seconds to less than 60 seconds after
the time of order receipt. This information shall be categorized by
security, order type, original order size, hidden status, and coverage
under Rule 605.\26\ Appendix B.I of the Plan also contains additional
requirements for market orders and marketable limit orders, including
the share-weighted average effective spread for executions of orders;
the cumulative number of shares of orders executed with price
improvement; and, for shares executed with price improvement, the
share-weighted average amount per share that prices were improved.
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    \24\ The Exchange is also required by the Plan to establish,
maintain, and enforce written policies and procedures that are
reasonably designed to comply with applicable quoting and trading
requirements specified in the Plan. In that regard, the Exchange
adopted Rule 11.26(c), Compliance With Quoting and Trading
Restrictions, describing the responsibilities of the Exchange and of
ETP Holders in complying with the quoting and trading provisions of
the Plan. See Securities Exchange Act Release No. 78391 (July 21,
2016), 81 FR 49348 (July 27, 2016) (SR-NSX-2016-05).
    \25\ The Plan incorporates the definition of a ``Trading
Center'' from Rule 600(b)(78) of Regulation NMS. Regulation NMS
defines a ``Trading Center'' as ``a national securities exchange or
national securities association that operates an SRO trading
facility, an alternative trading system, an exchange market maker,
an OTC market maker, or any other broker or dealer that executes
orders internally by trading as principal or crossing orders as
agent.'' See 17 CFR 242.600(b).
    \26\ 17 CFR 242.605.
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    Appendix B.II of the Plan (Market and Marketable Limit Order Data)
requires Trading Centers to submit information relating to market
orders and marketable limit orders, including the time of order
receipt, order type, the order size, the National Best Bid and National
Best Offer (``NBBO'') quoted price, the NBBO quoted depth, the average
execution price-share-weighted average, and the average execution time-
share-weighted average.
    The Plan requires Appendix B.I and B.II data to be submitted by
Participants that operate a Trading Center, and by members of the
Participants that operate Trading Centers. The Plan provides that each
Participant that is the Designated Examining Authority (``DEA'') for a
member of the Participant that operates a Trading Center shall collect
such data in a pipe delimited format, beginning six months prior to the
Pilot Period and ending six months after the end of the Pilot Period.
The Plan also requires the Participant, operating as DEA, to transmit
this information to the SEC within 30 calendar days following month
end.
    Pursuant to the aforementioned requirements, the Exchange submitted
and the Commission noticed a rule filing to adopt Exchange Rule
11.26(b), Compliance with Data Collection Requirements.\27\ The
Exchange now proposes to amend Rule 11.26(b) to modify certain data
collection and reporting requirements.\28\ First,

Appendix B.I.a(21) through B.I.a(27) currently requires that Trading
Centers report the cumulative number of shares of cancelled orders
during a specified duration of time after receipt of the order that was
cancelled. The Exchange and the other Participants believe that, for
purposes of reporting cancelled orders, it is appropriate to categorize
unexecuted Immediate or Cancel orders separately as one bucket
irrespective of the duration of time after order receipt, i.e., without
a time increment, to better differentiate orders cancelled subsequent
to entry from those where the customer's intent prior to order entry
was to cancel the order if no execution could be immediately obtained.
The Exchange, therefore, proposes to modify Interpretations and
Policies .04 to provide that unexecuted Immediate or Cancel orders
shall be categorized separately for purposes of Appendix B.I.a(21)
through B.I.a(27).
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    \27\ See Securities Exchange Act Release No. 77483 (March 31,
2016), 81 FR 20040 (April 6, 2016) (SR-NSX-2016-01).
    \28\ FINRA, on behalf of the Participants submitted a letter to
Commission requesting an exemption from certain provisions of the
Plan related to data collection. See letter dated August 30, 2016
from Marcia E. Asquith, Senior Vice President and Corporate
Secretary, FINRA to Robert W. Errett, Deputy Secretary, Commission.
The Commission, pursuant to its authority under Rule 608(e) of
Regulation NMS, granted each Participant a limited exemption from
the requirement to comply with certain provisions of the Plan as
specified in the letter and noted herein, as long as each
Participant submits proposed rule amendments to reflect the changes.
See, letter dated August 30, 2016 from David S. Shillman, Associate
Director, Division of Trading and Markets, Commission to Marcia E.
Asquith, FINRA.
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    The second change relates to the reporting of daily market quality
statistics pursuant to Appendix B.I. Currently, Appendix B.I sets forth
categories of orders, including market orders, marketable limit orders,
and inside-the-quote resting limit orders, for which daily market
quality statistics must be reported. The Exchange and the other
Participants have determined that it is appropriate to include an order
type for limit orders priced more than $0.10 away from the NBBO for
purposes of Appendix B reporting. The Exchange therefore proposes to
amend Interpretations and Policies .06 to provide that limit orders
priced more than $0.10 away from the NBBO shall be included as an order
type for purposes of Appendix B reporting, and shall be assigned the
number (22). These orders are not currently required to be reported
pursuant to Appendix B, and the Exchange and the other Participants
believe that requiring the reporting of such orders will produce a more
comprehensive data set.
    The third change relates to the reporting of market quality
statistics pursuant to Appendix B.I for a variety of order types,
including inside-the-quote resting limit orders (12), at-the-quote
resting limit orders (13), and near-the-quote resting limit orders
(within $0.10 of the NBBO) (14). The Exchange and the other
Participants believe that it is appropriate to require Trading Centers
to report all orders that fall within these categories, and not just
those orders that are ``resting.'' The Exchange, therefore, proposes to
amend Interpretations and Policies .06 to make this change.
    In the fourth change, the Exchange proposes to renumber
Interpretations and Policies .09 to .10 and add new Interpretations and
Policies .09 to modify the manner in which market maker participation
statistics are calculated. Currently, Appendix B.IV provides that
market maker participation statistics shall be calculated based on
share participation, trade participation, cross-quote share (trade)
participation, inside-the-quote share (trade) participation, at-the-
quote share (trade) participation, and outside-the-quote share (trade)
participation. The Exchange and the other Participants have determined
that it is appropriate to add the count of the number of Market Makers
used in the calculation of share (trade) participation to each
category. The Exchange is therefore proposing this change as part of
Interpretations and Policies .09. In addition, Appendix B.IV(b) and (c)
currently require that, when aggregating across Market Makers, share
participation and trade participation shall be calculated using the
share-weighted average and trade-weighted average, respectively. The
Exchange and the other Participants believe that it is more appropriate
to calculate share and trade participation by providing the total count
of shares or trades, as applicable, rather than weighted averages, and
the Exchange is therefore proposing this change as part of
Interpretations and Policies.
    The fifth change relates to the NBBO that a Trading Center is
required to use when performing certain quote-related calculations.
When calculating cross-quote share (trade) participation pursuant to
Appendix B.IV(d) and inside-the-quote share (trade) participation
pursuant to Appendix B.IV(e), the Plan requires the Trading Center to
utilize the NBBO at the time of the trade for both share and trade
participation calculations. When calculating at-the-quote share (trade)
participation and outside-the-quote share (trade) participation
pursuant to Appendix B.IV(f) and (g), the Plan allows the Trading
Center to utilize the National Best Bid or National Best Offer (NBBO)
at the time of or immediately before the trade for both share and trade
participation calculations. The Exchange and the other Participants
believe that it is appropriate to calculate all quote participation
(cross-quote share (trade) participation, inside-the-quote share
(trade) participation, at-the-quote share (trade) participation and
outside-the-quote share (trade) participation) solely by reference to
the NBBO in effect immediately prior to the trade. The Exchange
therefore proposes to make this change as part of Interpretations and
Policies .09.
    Finally, the Exchange proposes to change the end date until which
the Pre-Pilot Data Collection Securities shall be used to fulfill the
Plan's data collection requirements. Currently, Interpretations and
Policies .10, which is being renumbered to .11, provides that Pre-Pilot
Data Collection Securities are the securities designated by the
Participants for purposes of the data collection requirements described
in Items I, II and IV of Appendix B and Item I of Appendix C to the
Plan for the period beginning six months prior to the Pilot Period and
ending on the trading day immediately preceding the Pilot Period. The
Exchange and the other Participants believe that it is appropriate to
use the Pilot Securities to satisfy the Plan's data collection
requirements prior to the commencement of the Pilot. Accordingly, the
Exchange is revising Interpretations and Policies .10 (which will be
re-numbered .11) to provide that the Pre-Pilot Data Collection
Securities shall be used to satisfy the Plan's data collection
requirements through thirty-one days prior to the Pilot Period, after
which time the Pilot Securities shall be used for purposes of the data
collection requirements.\29\ The Exchange will also renumber
Interpretations and Policies .11 to .12.
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    \29\ NYSE, NYSE MKT, and Nasdaq published an automated list of
securities eligible for the Pilot on the evening of September 2,
2016. At that time, all securities were designated for the Control
Group. All securities will continue to be reflected as Control Group
securities for the entire month of September 2016. On September 6,
2016, NYSE, NYSE MKT, and Nasdaq published a manual list identifying
the final Test Group assignment for each eligible security.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \30\ in general, and furthers the objectives of Section
6(b)(5) of the Act \31\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
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    \30\ 15 U.S.C. 78f(b).
    \31\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that this proposal is consistent with the Act
because it implements and clarifies the provisions of the Plan, and is
designed to assist the Exchange in meeting its regulatory obligations
pursuant of the

Plan. In approving the Plan, the SEC noted that the Pilot was an
appropriate, data-driven test that was designed to evaluate the impact
of a wider tick size on trading, liquidity, and the market quality of
securities of smaller capitalization companies, and was therefore in
furtherance of the purposes of the Act. The Exchange believes that this
proposal is in furtherance of the objectives of the Plan, as identified
by the SEC, and is therefore consistent with the Act because the
proposal implements and clarifies the requirements of the Plan and
applies specific obligations to ETP Holders in furtherance of
compliance with the Plan.

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

    The Exchange notes that the proposed rule change implements the
provisions of the Plan, and is designed to assist the Exchange in
meeting its regulatory obligations pursuant to the Plan. The Exchange
also notes that, other than the change to require use of the Pilot
Securities beginning thirty days prior to the beginning of the Pilot
Period, the proposed changes will not affect the data collection and
reporting requirements for members that operate Trading Centers; the
proposed changes will only affect how the Exchange and Participants
that operate Trading Centers collect and report data. The Exchange
notes that, with respect to the change to require the use of the Pilot
Securities beginning thirty days prior to the start of the Pilot
Period, the proposed change reduces the number of securities on which
affected members otherwise would have been required to collect data
pursuant to the Plan and Exchange Rule 11.26. In addition, the proposed
rule change applies equally to all similarly situated members.
Therefore, the Exchange does not believe that the proposed rule change
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \32\ and Rule 19b-4(f)(6) thereunder.\33\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) by its terms, become
operative prior to 30 days from the date on which it was filed, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \33\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \34\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\35\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \34\ 17 CFR 240.19b-4(f)(6).
    \35\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30 day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to implement the proposed rules
immediately thereby preventing delays in the implementation of the
Plan. The Commission notes that the Plan is scheduled to start on
October 3, 2016. Therefore, the Commission hereby waives the 30 day
operative delay and designates the proposed rule change to be operative
upon filing with the Commission.\36\
---------------------------------------------------------------------------

    \36\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \37\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-2016-12 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-2016-12. 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. Interested
persons should submit only information that they wish to make available
publicly.
All submissions should refer to file number SR-NSX-2016-12 and should
be submitted on or before October 25, 2016.
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to the delegated authority.\38\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-23929 Filed 10-3-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Notices]
[Page 52762]
[FR Doc No: 2017-24575]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82026; File No. SR-NYSEArca-2017-110]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change, as Modified by Amendment No. 1, To List and Trade Shares of the
GraniteShares Platinum Trust Under NYSE Arca Rule 8.201-E

November 7, 2017.
    On September 12, 2017, NYSE Arca, Inc. (``Exchange'') filed with
the Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the GraniteShares Platinum Trust under NYSE Arca Rule 8.201-
E. The proposed rule change was published for comment in the Federal
Register on September 27, 2017.\3\ On October 24, 2017, the Exchange
filed Amendment No. 1 to the proposed rule change.\4\ The Commission
has received no comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81675 (Sept. 21,
2017) 82 FR 45080.
    \4\ Amendment No. 1, which amended and replaced the proposed
rule change in its entirety, is available on the Commission's Web
site at: https://www.sec.gov/comments/sr-nysearca-2017-110/nysearca2017110-2653767-161379.pdf.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is November 11, 2017. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change, as
modified by Amendment No. 1. Accordingly, the Commission, pursuant to
Section 19(b)(2) of the Act,\6\ designates December 26, 2017, as the
date by which the Commission should either approve or disapprove, or
institute proceedings to determine whether to disapprove, the proposed
rule change (File No. SR-NYSEArca-2017-110), as modified by Amendment
No. 1.
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24575 Filed 11-13-17; 8:45 am]
BILLING CODE 8011-01-P


Technical Appendices

For

Redesignation Request,

Maintenance Plan

and 2002 Base Year Inventory

Youngstown – Warren – Sharon Interstate

 Eight-Hour Ozone Nonattainment Area

March  2007

Commonwealth of Pennsylvania

Department of Environmental Protection

Bureau of Air Quality

TABLE OF CONTENTS

Appendix A:  	Stationary Point Sources

A-1  	Methodology – Preparation of Pennsylvania Point Source Inventories and Instructions for Completing the Annual Emissions Reporting Forms

A-2  	Facility Annual Emissions by SCC

A-3	Facility Daily Emissions by SCC

A-4	Banked Emissions Reduction Credits

	Appendix B:  	Stationary Area Sources

B-1    	Pennsylvania 2002 Area Source Criteria Air Pollutant Emission Estimation Methods (EH Pechan, Feb. 2004)

B-2	Area Source Annual Emissions by SCC

B-3	Area Source Daily Emissions by SCC

	Appendix C:  	Highway Vehicles  (includes Executive Summary)

C-1   	Mobile Source Highway Emissions Inventory – An Explanation of Methodology

C-2	Highway Emissions Estimates

2002 Annual and Daily CO, NOx, VOC & VMT by SCC; Daily NOx, VOC and VMT by Facility and Vehicle Type.

2004, 2009, 2018 Daily VOC, NOx and VMT by Facility Type, Vehicle Type and SCC; Daily CO by SCC

C-3   	MOBILE6.2 Input Parameter Summary

C-4	MOBILE6.2 Sample Input File

C-5	Traffic Growth Forecasting System Report

	Appendix D:  	Nonroad Sources

D-1	Emissions Estimation Methodology

D-2	Nonroad Source Emissions by Category and SCC

	Appendix E:	Source Emissions Projection Methodology

	Appendix F:	Supplemental Air Quality Information

	Appendix G:	Ohio EPA Final Redesignation Request and Maintenance Plan for the Youngstown-Warren-Sharon 8-Hour Ozone Nonattainment Area


[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Notices]
[Page 29262]
[FR Doc No: 2016-11127]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9946-25-OAR]

Meeting of the Mobile Sources Technical Review Subcommittee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, notice is hereby given that the Mobile Sources Technical Review
Subcommittee (MSTRS) will meet on June 16, 2016. The MSTRS is a
subcommittee under the Clean Air Act Advisory Committee. This is an
open meeting. The meeting will include discussion of current topics and
presentations about activities being conducted by EPA's Office of
Transportation and Air Quality. The preliminary agenda for the meeting
and any notices about change in venue will be posted on the
Subcommittee's Web site: http://www2.epa.gov/caaac/mobile-sources-technical-review-subcommittee-mstrs-caaac. MSTRS listserv subscribers
will receive notification when the agenda is available on the
Subcommittee Web site. To subscribe to the MSTRS listserv, send an
email to<EMAIL_ADDRESS>
DATES: Thursday, June 16, 2016 from 9:00 a.m. to 5:00 p.m. Registration
begins at 8:30 a.m.

ADDRESSES: The meeting is currently scheduled to be held at the EPA's
National Vehicle and Fuel Emissions Laboratory, 2000 Traverwood Drive,
Ann Arbor, MI 48105. However, this date and location are subject to
change and interested parties should monitor the Subcommittee Web site
(above) for the latest logistical information.

FOR FURTHER INFORMATION CONTACT: Courtney McCubbin, Designated Federal
Officer, Transportation and Climate Division, Mailcode 6406A, U.S. EPA,
1200 Pennsylvania Ave. NW., Washington, DC 20460; Ph:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Background on the work of the
Subcommittee is available at: https://www.epa.gov/caaac/mobile-sources-technical-review-subcommittee-mstrs-caaac. Individuals or organizations
wishing to provide comments to the Subcommittee should submit them to
Ms. McCubbin at the address above by June 2, 2016. The Subcommittee
expects that public statements presented at its meetings will not be
repetitive of previously submitted oral or written statements.

SUPPLEMENTARY INFORMATION: During the meeting, the Subcommittee may
also hear progress reports from some of its workgroups as well as
updates and announcements on activities of general interest to
attendees.
    For Individuals with Disabilities: For information on access or
services for individuals with disabilities, please contact Ms. McCubbin
(see above). To request accommodation of a disability, please contact
Ms. McCubbin, preferably at least 10 days prior to the meeting, to give
EPA as much time as possible to process your request.

    Dated: May 5, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2016-11127 Filed 5-10-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Proposed Rules]
[Pages 10288-10291]
[FR Doc No: 2011-4200]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0044; Directorate Identifier 2010-NM-059-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767-200, -300,
-300F, and -400ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to The Boeing Company Model 767-200, -300, and -300F
series airplanes. The existing AD currently requires inspections to
detect cracking or corrosion of the fail-safe straps between the side
fitting of the rear spar bulkhead at body station 955 and the skin; and
follow-on and corrective actions. Since we issued that AD, we have
received additional reports of cracks in 51 fail-safe straps on 41
airplanes; we have also received a report of a crack found in the ``T''
fitting that connects the fail-safe strap to the outboard edge of the
pressure deck. This proposed AD would expand the applicability, and
would add an inspection for cracking in the fail-safe strap, and repair
or replacement if necessary. We are proposing this AD to detect and
correct fatigue cracking or corrosion of the fail-safe straps and the
``T'' fittings, which could result in cracking of adjacent structure
and consequent reduced structural integrity of the fuselage.

DATES: We must receive comments on this proposed AD by April 11, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 425-917-
6577; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0044;
Directorate Identifier 2010-NM-059-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On September 26, 2005, we issued AD 2004-19-06 R1, amendment 39-
14313 (70 FR 58000, October 5, 2005), for certain Model 767-200, -300,
and -300F series airplanes. That AD requires inspections to detect
cracking or corrosion of the fail-safe straps between the side fitting
of the rear spar bulkhead at body station (BS) 955 and the skin; and
follow-on/corrective actions. That AD resulted from reports of cracked
and/or corroded fail-safe straps at BS 955 on Model 767-200 series
airplanes. We issued that AD to detect and correct fatigue cracking or
corrosion of the fail-safe straps, which could result in cracking of
adjacent structure and consequent reduced structural integrity of the
fuselage.

Actions Since Existing AD Was Issued

    Since we issued AD 2004-19-06 R1, we have received additional
reports of cracks in 51 fail-safe straps on 41 airplanes. There were 42
fail-safe straps repaired, and 9 were not repairable and were replaced.
Fail-safe straps were repaired on 33 airplanes with total accumulated
flight cycles ranging from 39,886 to 89,236. Fail-safe straps were
replaced on 9 airplanes with flight cycles ranging from 12,565 to
31,809, and flight hours ranging from 48,704 to 93,212. In addition, 4
fail-safe straps on 4 airplanes with total accumulated flight cycles
ranging from 12,540 to 23,987 and flight hours ranging from 37,634 to
74,823 were replaced due to corrosion damage.
    One report was received of a crack found in the ``T'' fitting that
connects the fail-safe strap and the pressure deck. The cracked ``T''
fitting was found at

13,449 total accumulated flight cycles and 74,008 flight hours, and was
located at the lower of the 3 fastener holes common to the fail-safe
strap.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 767-53A0100, Revision 1,
dated August 11, 2006; and Revision 2, dated January 15, 2010. Revision
1 of this service bulletin both adds certain Model 767-400ER airplanes
to the Effectivity, and removes other airplanes from the Effectivity,
of Boeing Alert Service Bulletin 767-53A0100, dated September 26, 2002
(which is identified as the appropriate source of service information
for accomplishing the actions specified in the existing AD). Revision 1
also adds procedures for an ultrasonic inspection and expands the
inspection area for cracking and corrosion to an area within five
inches of the fail-safe strap.
    Revision 2 of this service bulletin adds an airplane that had been
removed from the Effectivity of Revision 1 of this service bulletin. In
addition, Revision 2 of this service bulletin adds procedures for a
related investigative action for certain crack findings during the
ultrasonic inspection specified in Revision 1 of this service bulletin.
The related investigative action involves an open-hole HFEC inspection
for cracking at the lower of three fastener holes common to the fail-
safe strap and the ``T'' fitting, and repair if necessary. The repair
includes various inspections (i.e., detailed, open-hole HFEC, and
surface HFEC) for cracking and corrosion of the ``T'' fitting and
adjacent structure; replacement of the ``T'' fitting with a new ``T''
fitting; repair of corrosion within specified limits; and replacement
of the fail-safe strap with a new strap, if necessary. The service
bulletin specifies to contact Boeing for certain repair and replacement
procedures. Repairing the fail-safe strap or replacing the fail-safe
strap with a strap having a revised edge configuration eliminates the
need for the repetitive inspections only on the side of the airplane on
which the corrective action is done.
    For airplanes on which a fail-safe strap is replaced with a strap
that does not have a revised edge configuration, the service bulletin
describes procedures for detailed and surface HFEC inspections for
cracks and corrosion of the fail-safe strap, and an ultrasonic
inspection for cracks of the fail-safe strap.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 2004-
19-06 R1. This proposed AD would expand the applicability statement of
the existing AD. This proposed AD would also require accomplishing the
actions specified in Revision 2 of the service information described
previously, except as discussed under ``Differences Between the
Proposed AD and the Service Information.''

Differences Between the Proposed AD and the Service Information

    The service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Changes to Existing AD

    We have added a new paragraph (d) to this proposed AD to provide
the Air Transport Association (ATA) of America subject code 53,
Fuselage. This code is added to make this proposed AD parallel with
other new AD actions. We have re-identified subsequent paragraphs
accordingly.
    We have revised the existing AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.
    Since AD 2004-19-06 R1 was issued, the AD format has been revised,
and certain paragraphs have been rearranged. As a result, the
corresponding paragraph identifiers have changed in this proposed AD,
as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                      Corresponding requirement in this
  Requirement in AD 2004-19-06 R1                proposed AD
------------------------------------------------------------------------
            paragraph (d).                       paragraph (e).
            paragraph (e).                       paragraph (f).
            paragraph (f).                       paragraph (g).
            paragraph (g).                       paragraph (h).
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 390 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection for Model 767-200, -    2 work-hours x $85             $0  $170 per inspection   $60,180 per
 300, and -300F airplanes           per hour = $170 per                cycle..               inspection cycle.
 (retained actions from existing    inspection cycle.
 AD).
New proposed inspections for all   2 work-hours x $85             $0  $170 per inspection   $66,300 per
 airplanes (new proposed action).   per hour = $170 per                cycle..               inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs/
replacements that would be required based on the results of the
proposed inspection. We have no way of determining the number of
aircraft that might need these repairs/replacements:

                                               On-condition costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Repair or replacement, Groups 1-7,     295 work-hours x $85     Between $9,054 and       Between $34,129 and
 10, and 11 airplanes.                  per hour = $25,075.      $15,837.                 $40,912.
Repair or replacement, Groups 8 and 9  297 work hours x $85     Between $32,593 and      Between $57,838 and
 airplanes.                             per hour = $25,245.      $32,727.                 $57,972.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2004-19-06 R1, Amendment 39-14313 (70 FR 58000, October 5, 2005),
and adding the following new AD:

The Boeing Company: Docket No. FAA-2011-0044; Directorate Identifier
2010-NM-059-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 11,
2011.

Affected ADs

    (b) This AD supersedes AD 2004-19-06 R1, Amendment 39-14313.

Applicability

    (c) This AD applies to Model 767-200, -300, -300F, and -400ER
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated January
15, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 53, Fuselage.

Unsafe Condition

    (e) This AD was prompted by additional reports of cracks in 51
fail-safe straps on 41 airplanes; we have also received a report of
a crack found in the ``T'' fitting that connects the fail-safe strap
to the outboard edge of the pressure deck. We are issuing this AD to
detect and correct fatigue cracking or corrosion of the fail-safe
straps and the ``T'' fittings, which could result in cracking of
adjacent structure and consequent reduced structural integrity of
the fuselage.

Compliance

    (f) Comply with this AD within the compliance times specified,
unless already done.

Requirements of AD 2004-19-06 R1, Amendment 39-14313: Inspections and
Follow-On/Corrective Actions

    (g) For Model 767-200, -300, and -300F series airplanes having
line numbers 1 through 931 inclusive: Except as provided by
paragraph (h) of this AD, prior to the accumulation of 15,000 total
flight cycles, or within 3,000 flight cycles after November 1, 2004
(the effective date of AD 2004-19-06 R1, Amendment 39-14313),
whichever occurs later, perform a detailed inspection and eddy
current inspection to detect cracking or corrosion of the fail-safe
straps between the side fitting of the rear spar bulkhead at body
station (BS) 955 and the skin, per Figure 2 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-53A0100, dated
September 26, 2002; or Boeing Alert Service Bulletin 767-53A0100,
Revision 2, dated January 15, 2010. As of the effective date of this
AD, use only Revision 2 of Boeing Alert Service Bulletin 767-
53A0100. Doing the inspections required by paragraph (i) of this AD
terminates the requirements of this paragraph.

    Note 1:  For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

    (1) If no crack or corrosion is found, repeat the inspections
thereafter at intervals not to exceed 6,000 flight cycles or 36
months, whichever occurs first, until paragraph (i) of this AD is
done.
    (2) If any crack or corrosion is found, before further flight,
repair per a method approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA; or using a method approved in
accordance with paragraph (o) of this AD.
    (h) For airplanes identified in paragraph (g) of this AD on
which the fail-safe strap has been replaced before November 1, 2004:
Do the actions required by paragraph (g) of this AD within 12,000
flight cycles after accomplishing the replacement.

    Note 2:  Steps 2 and 8 of the Work Instructions of Boeing Alert
Service Bulletin 767-53A0100, dated September 26, 2002, refer
incorrectly to Boeing 767 Airplane Maintenance Manual (AMM) 32-00-20
for opening the MLG doors; the correct reference is Boeing 767 AMM
32-00-15, which is referred to in steps 3 and 7 of the Work
Instructions. Step 2 also should state ``Open Main Landing Gear
(MLG) doors'' instead of ``Open Main Landing Green (MLG) doors.''

New Requirements of This AD With Revised Service Information:
Repetitive Detailed and Eddy Current Inspections

    (i) Prior to the accumulation of 15,000 total flight cycles, or
within 3,000 flight cycles after the effective date of this AD,
whichever

occurs later: Perform detailed and eddy current inspections to
detect cracking and/or corrosion of the fail-safe straps between the
side fitting of the rear spar bulkhead at BS 955 and the skin, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-53A0100, Revision 2, dated January 15, 2010. If
no crack or corrosion is found, repeat the inspections thereafter at
intervals not to exceed 6,000 flight cycles or 36 months, whichever
occurs first. Accomplishing the actions required by this paragraph
ends the requirements of paragraphs (g) and (g)(1) of this AD.

Repetitive Ultrasonic Inspections

    (j) Prior to the accumulation of 15,000 total flight cycles, or
within 3,000 flight cycles after the effective date of this AD,
whichever occurs later: Do an ultrasonic inspection of the fail-safe
strap for cracking, and all applicable related investigative
actions, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated January
15, 2010. Do all applicable related investigative actions before
further flight. If no crack is found, repeat the inspection
thereafter at intervals not to exceed 6,000 flight cycles or 36
months, whichever occurs first.

Corrective Actions

    (k) If any corrosion is found during any inspection required by
paragraph (i) of this AD: Before further flight, repair the
corrosion, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 767-53A0100, Revision 2, dated January
15, 2010.
    (l) If any crack is found during any inspection required by
paragraph (i) or (j) of this AD: Before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-53A0100, Revision 2, dated January 15, 2010;
except where the service bulletin specifies to contact Boeing for
appropriate action, before further flight, repair using a method
approved in accordance with the procedures specified in paragraph
(o) of this AD. Accomplishing the fail-safe strap trim repair in
accordance with Boeing Alert Service Bulletin 767-53A0100, Revision
2, dated January 15, 2010, ends the repetitive inspections required
by paragraphs (i) and (j) of this AD only on the side of the
airplane where the repair was done. Replacing the fail-safe strap
with a replacement strap that has the revised edge configuration in
accordance with Boeing Alert Service Bulletin 767-53A0100, Revision
2, dated January 15, 2010, ends the repetitive inspections required
by paragraphs (i) and (j) of this AD only on the side of the
airplane where the replacement was done.

Post-Replacement Inspections

    (m) For any replacement strap that does not have a revised edge
configuration, as specified in Boeing Alert Service Bulletin 767-
53A0100, Revision 2, dated January 15, 2010: Within 12,000 flight
cycles after doing the replacement, accomplish the inspections
required by paragraphs (i) and (j) of this AD. Repeat the
inspections thereafter at intervals not to exceed 6,000 flight
cycles or 36 months, whichever occurs first. Replacing the fail-safe
strap with a replacement strap that has the revised edge
configuration in accordance with Boeing Alert Service Bulletin 767-
53A0100, Revision 2, dated January 15, 2010, ends the repetitive
inspections required by paragraphs (i) and (j) of this AD only on
the side of the airplane where the replacement was done.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (n) Actions accomplished before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 767-53A0100, Revision
1, dated August 11, 2006, are considered acceptable for compliance
with the corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Seattle ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the ACO, send it to the attention of the person
identified in the Related Information section of this AD.
Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.
    (4) AMOCs approved for AD 2004-19-06 and AD 2004-19-06 R1 are
approved as AMOCs for paragraphs (g) and (h) of this AD, as
applicable.

Related Information

    (p) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: (425)
917-6577; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    (q) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; phone: 206-
544-5000, extension 1; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 15, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-4200 Filed 2-23-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 26, 2005 (Volume 70, Number 206)]
[Notices]
[Page 61800-61801]
[DOCID:fr26oc05-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER05-1311-001]

Southern California Edison Company; Notice of Filing

October 19, 2005.

    Take notice that on October 5, 2005, Southern California Edison
Company (SCE) filed with the Commission an executed Letter Agreement to
revise and supplement the terms set forth in the Interconnection
Facilities Agreement between SCE and Mountainview Power Company, LLC.
    SCE states that copies of the filing have been mailed to the
official service list in this proceeding.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time on October 31, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5902 Filed 10-25-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44287-44288]
[FR Doc No: 2015-18389]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0656]

Safety Zones; Recurring Events in Captain of the Port Boston Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a safety zones in the Captain of
the Port Boston Zone on the specified dates and times listed below.
This action is necessary to ensure the protection of the maritime
public and event participants from the hazards associated with this
annual recurring event. No person or vessel, except for the safety
vessels assisting with the event may enter the safety zones unless
given permission from the COTP or the designated on-scene
representative. The Coast Guard may be assisted by other Federal,
State, or local law enforcement agencies in enforcing this regulation.

DATES: The regulation for the safety zones described in 33 CFR 165.118
will be enforced between August 1, 2015,

and August 15, 2015, on the date and times listed in the table below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Mr. Mark Cutter, Coast Guard Sector Boston Waterways
Management Division, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.118 on the specified dates and times as
indicated in Table 1 below. This regulation was published in the
Federal Register on November 8, 2013 (78 FR 67028).

                                 Table 1
------------------------------------------------------------------------

------------------------------------------------------------------------
7.13 Yankee Homecoming Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Yankee
                                          Homecoming.
                                          Date: August 1, 2015.
                                          Time: 9:15 p.m. to
                                          10:15 p.m.
                                          Location: All waters
                                          of the Merrimack River, within
                                          a 350-yard radius of the
                                          fireworks launch site located
                                          at position 42[deg]48.97' N.,
                                          070[deg]52.68' W. (NAD 83).
8.1 Beverly Homecoming Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Beverly
                                          Harbormaster.
                                          Date: August 9, 2015.
                                          Time: 9:00 p.m. to
                                          11:00 p.m.
                                          Location: All waters
                                          of Beverly Harbor within a 350-
                                          yard radius of the fireworks
                                          barge located at position
                                          42[deg]32.62' N.,
                                          070[deg]52.15' W. (NAD 83).
8.5 Celebrate the Clean Harbor Swim....   Event Type: Swim.
                                          Sponsor: New England
                                          Open Water Swimming
                                          Association.
                                          Date: August 15, 2015.
                                          Time: 9:00 a.m. to
                                          12:00 p.m.
                                          Location: All waters
                                          of Gloucester Harbor within
                                          the following points (NAD 83):
                                            42[deg]35.3' N.,
                                             070[deg]39.8' W.
                                         42[deg]35.9' N., 070[deg]39.2'
                                          W.
                                         42[deg]35.9' N., 070[deg]39.8'
                                          W.
                                         42[deg]35.3' N., 070[deg]40.2'
                                          W.
8.6 Boston Light Swim..................   Event Type: Swim.
                                          Sponsor: Boston Light
                                          Swim.
                                          Date: August 15, 2015.
                                          Time: 7:00 a.m. to
                                          12:00 p.m.
                                          Location: All waters
                                          of Boston Harbor between the L
                                          Street Bath House and Little
                                          Brewster Island within the
                                          following points (NAD 83):
                                            42[deg]19.7' N.,
                                             071[deg]02.2' W.
                                         42[deg]19.9' N., 071[deg]10.7'
                                          W.
                                         42[deg]19.8' N., 070[deg]53.6'
                                          W.
                                         42[deg]19.6' N., 070[deg]53.4'
                                          W.
8.8 The Boston Triathlon...............   Event Type: Swim.
                                          Sponsor: Ethos.
                                          Date: August 9, 2015.
                                          Time: 8:00 a.m. to
                                          10:00 a.m.
                                          Location: All waters
                                          of Columbus Park, Boston, Ma
                                          within the following points
                                          (NAD 83):
                                            42[deg]19.6' N.,
                                             071[deg]02.9' W.
                                         42[deg]19.6' N., 071[deg]02.6'
                                          W.
                                         42[deg]19.4' N., 071[deg]02.6'
                                          W.
                                         42[deg]19.4' N., 071[deg]02.8'
                                          W.
------------------------------------------------------------------------

    This notice is issued under authority of 33 CFR 165.118 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide mariners with advanced notification of
enforcement periods via the Local Notice to Mariners and Broadcast
Notice to Mariners. If the COTP determines that the regulated areas
need not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated areas.

    Dated: July 9, 2015.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2015-18389 Filed 7-24-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7046-7047]
[FR Doc No: 2018-03188]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-P-4852]

Determination That LOTENSIN HCT (Benazepril Hydrochloride;
Hydrochlorothiazide) Oral Tablets, 5 Milligrams and 6.25 Milligrams,
Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that LOTENSIN HCT (benazepril hydrochloride;
hydrochlorothiazide) oral tablets, 5 milligrams (mg) and 6.25 mg, were
not withdrawn from sale for reasons of safety or effectiveness. This
determination will allow FDA to approve abbreviated new drug
applications (ANDAs) for benazepril hydrochloride; hydrochlorothiazide
oral tablets, 5 mg and 6.25 mg, if all other legal and regulatory
requirements are met.

FOR FURTHER INFORMATION CONTACT: Stacy Kane, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 51, Rm. 6236, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate

versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    LOTENSIN HCT (benazepril hydrochloride; hydrochlorothiazide) oral
tablets, 5 mg and 6.25 mg, are the subject of NDA 020033, held by U.S.
Pharmaceutical Holdings I, LLC, and initially approved on May 19, 1992.
LOTENSIN HCT is indicated for the relief of symptoms of depression.
LOTENSIN HCT (benazepril hydrochloride; hydrochlorothiazide) oral
tablets, 5 mg and 6.25 mg, are currently listed in the ``Discontinued
Drug Product List'' section of the Orange Book.
    EAS Consulting Group, LLC submitted a citizen petition dated August
9, 2017 (Docket No. FDA-2017-P-4852), under 21 CFR 10.30, requesting
that the Agency determine whether LOTENSIN HCT (benazepril
hydrochloride; hydrochlorothiazide) oral tablets, 5 mg and 6.25 mg,
were withdrawn from sale for reasons of safety or effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that LOTENSIN HCT (benazepril hydrochloride;
hydrochlorothiazide) oral tablets, 5 mg and 6.25 mg, were not withdrawn
for reasons of safety or effectiveness. The petitioner has identified
no data or other information suggesting that these products were
withdrawn for reasons of safety or effectiveness. We have carefully
reviewed our files for records concerning the withdrawal of LOTENSIN
HCT (benazepril hydrochloride; hydrochlorothiazide) oral tablets, 5 mg
and 6.25 mg, from sale. We have also independently evaluated relevant
literature and data for possible post-marketing adverse events. We have
found no information that would indicate that this drug product was
withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list LOTENSIN HCT
(benazepril hydrochloride; hydrochlorothiazide) oral tablets, 5 mg and
6.25 mg, in the ``Discontinued Drug Product List'' section of the
Orange Book. The ``Discontinued Drug Product List'' delineates, among
other items, drug products that have been discontinued from marketing
for reasons other than safety or effectiveness. ANDAs that refer to
LOTENSIN HCT (benazepril hydrochloride; hydrochlorothiazide) oral
tablets, 5 mg and 6.25 mg, may be approved by the Agency as long as
they meet all other legal and regulatory requirements for the approval
of ANDAs. If FDA determines that labeling for this drug product should
be revised to meet current standards, the Agency will advise ANDA
applicants to submit such labeling.

    Dated: February 9, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03188 Filed 2-15-18; 8:45 am]
BILLING CODE 4164-01-P