[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Proposed Rules]
[Pages 67683-67684]
[FR Doc No: 2023-21581]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 25, 27, 29, 91, 121, 125, and 135

[Docket No.: FAA-2019-0491; Notice No. 23-12]
RIN 2120-AK34

Interior Parts and Components Fire Protection for Transport
Category Airplanes; Extension of Comment Period

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (SNPRM); Extension
of comment period.

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SUMMARY: This action extends the comment period for a SNPRM titled
``Interior Parts and Components Fire Protection for Transport Category
Airplanes'' that was published on August 17, 2023. In that document,
the FAA provided additional information on its proposed elimination of
a smoke emissions testing requirement. The FAA also changed its
calculations related to the proposed rule's costs and benefits. The FAA
is extending the comment period closing date to allow commenters

additional time to analyze the proposed rule and prepare a response.

DATES: The comment period for the SNPRM published on August 17, 2023,
at 88 FR 55941, is extended. Comments should be received on or before
November 30, 2023.

ADDRESSES: Send comments identified by docket number FAA-2019-0491
using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Gardlin, AIR-20, Office of Senior
Technical Experts, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
internet by--
    1. Searching the Federal eRulemaking Portal at www.regulations.gov;
    2. Visiting the FAA's Regulations and Policies web page at
www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's web page at
www.GovInfo.com.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced in item
(1) above.

Background

    On August 17, 2023, the FAA published a SNPRM titled ``Interior
Parts and Components Fire Protection for Transport Category Airplanes''
in the Federal Register (88 FR 55941; Notice No. 23-12). In the SNPRM,
the FAA provided additional information on its proposed elimination of
a smoke emissions testing requirement. The FAA also changed its
calculations related to the proposed rule's costs and benefits.
Although the rule language is repeated in the SNPRM for completeness,
there are no changes to the rule language as originally proposed in the
associated NPRM. The FAA is extending the comment period closing date
to allow commenters additional time to analyze the proposed rule and
prepare a response. Commenters were instructed to provide comments on
or before October 2, 2023 (i.e., 45 days from the date of publication
of the SNPRM).
    Since publication, the FAA has received five requests to extend the
comment period by an additional one hundred and twenty (120) days. The
commenters requested more time to review the proposed rule and develop
comments and recommendations.
    The FAA grants the petitioners' request for an extension of the
comment period. The FAA recognizes the importance of the proposed rule
and that an extension would help commenters craft complete and
thoughtful responses. However, the FAA believes that an additional
sixty (60) days provides sufficient opportunity to review the SNPRM and
provide comments. With this extension, the comment period will now
close on November 30, 2023. This will provide the public with a total
of one hundred and five (105) days to conduct its review and submit
comments to the docket.
    The FAA will not grant any additional requests to further extend
the comment period for this rulemaking.

Extension of Comment Period

    In accordance with Sec.  11.47(c) of Title 14, Code of Federal
Regulations, the FAA has reviewed the petitions for extension of the
comment period for this notice. The petitioners have shown a
substantive interest in the proposed policy and good cause for the
extension of the comment period. The FAA has determined that an
extension of the comment period for an additional sixty (60) days to
November 30, 2023 is consistent with the public interest, and that good
cause exists for taking this action.
    Accordingly, the comment period for Notice No. 23-12 is extended
until November 30, 2023.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-21581 Filed 9-29-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]
[Page 7771-7774]
[DOCID:fr11fe08-101]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28146; 812-13485]

Barclays Global Fund Advisors, et al.; Notice of Application

February 6, 2008.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 5(a)(1) and 22(d) of the Act and rule 22c-1 under the Act,
and under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and (a)(2) of the Act.

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Applicants: Barclays Global Fund Advisors (the ``Adviser''), iShares
Trust (the ``Trust'') and SEI Investments Distribution Co. (the
``Distributor'').

Summary of Application: Applicants request an order that permits: (a)
Series of certain open-end management investment companies to issue
shares (``Shares'') redeemable in large aggregations only (``Creation
Units''); (b) secondary market transactions in Shares to occur at
negotiated market prices; and (c) certain affiliated persons of the
series to deposit foreign currency and money market securities into,
and receive foreign currency and money market securities from, the
series in connection with the purchase and redemption of Creation
Units.

Filing Dates: The application was filed on January 25, 2008. Applicants
have agreed to file an amendment during the notice period, the
substance of which is reflected in this notice.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on February 26, 2008, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants: Adviser and Trust,
c/o Barclays Global Investors, N.A., 45 Fremont Street, San Francisco,
CA 94105; Distributor, One Freedom Valley Drive, Oaks, PA 19456.

FOR FURTHER INFORMATION CONTACT: Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817, or Michael W. Mundt, Assistant Director, at (202) 551-
6821 (Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Desk, 100 F Street, NE., Washington, DC
20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. The Trust, an open-end management investment company registered
under the Act, is organized as a Delaware statutory trust and as a
series fund with multiple series. The Trust will offer two new series
that will invest substantially all of their assets in foreign money
market securities: iShares Euro Currency Fund and iShares Pound
Sterling Currency Fund (each a ``New Fund''). Each New Fund will seek
to preserve capital and maintain stability of principal by investing in
short-term securities that are denominated in the specified local
currency and have remaining maturities of sixty days or less
(``Portfolio Securities''). Applicants state each New Fund is designed
to decrease in value when the value of the U.S. dollar increases
relative to the applicable local currency and increase in value when
the value of the U.S. dollar falls relative to the applicable local
currency. While the value of each New Fund's Portfolio Securities is
expected to be relatively constant in local currency terms, a New
Fund's net asset value (``NAV'') will be expressed in U.S. dollars.
Because of this, fluctuations in the per Share NAV of each New Fund
will be caused by fluctuations in the exchange rate between U.S.
dollars and the applicable local currency.
    2. The Trust plans to offer future series that will hold money
market securities denominated in a different local currency than the
New Funds (``Future Funds''). Applicants request that the order apply
to any such Future Funds. Any Future Fund will be (a) advised by the
Adviser, and (b) comply with the terms and conditions of the order. The
New Funds and the Future Funds together are the ``New Funds.'' Each New
Fund will operate as an actively-managed exchange-traded fund.
    3. The Adviser, a California corporation, is registered as an
investment adviser under the Investment Advisers Act of 1940
(``Advisers Act'') and will serve as investment adviser to each New
Fund. The Distributor, a Pennsylvania corporation, is registered under
the Securities Exchange Act of 1934 (``Exchange Act'') and serves as
principal underwriter and distributor for the New Funds.
    4. Shares of the New Funds will be sold in Creation Units of 25,000
or more. All orders to purchase Creation Units must be placed with the
Distributor by or through an ``Authorized Participant,'' an entity that
has entered into an agreement with the Distributor and that is a
participant in the Depository Trust Company (``DTC,'' and such
participant, ``DTC Participant''). Shares of each New Fund will be sold
in Creation Units in exchange for a designated amount of the applicable
local currency (the ``Currency Deposit''). Each New Fund reserves the
right to permit or require the substitution of an amount of securities
denominated in the applicable local currency (``Deposit Securities,''
together with the Currency Deposit, the ``Fund Deposit'') to replace

a portion of the Currency Deposit.\1\ An investor purchasing a Creation
Unit from a New Fund will be charged a fee (``Transaction Fee'') to
cover certain transaction costs associated with the issuance of
Creation Units. The Distributor will maintain a record of Creation Unit
purchases.
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    \1\ It is intended that, on each day that a New Fund is open,
including as required by section 22(e) of the Act (``Business
Day''), the New Fund will make available the estimated Fund Deposit.
The estimated Fund Deposit is an amount per creation unit expressed
in the applicable local currency representing the previous Business
Day's Fund Deposit plus the current Business Day's accrued expenses,
interest and income. To the extent a New Fund requires a
substitution of Deposit Securities for a portion of the Currency
Deposit, a description of the Deposit Securities, including the
names and amount of the Deposit Securities required to be
contributed, will be made available prior to the opening of business
on the Listing Market. The Listing Market, or a third-party
financial information provider, intends to disseminate, every 15
seconds, during regular trading hours, an approximate amount per
Share representing the NAV from the prior Business Day adjusted to
reflect the current Business Day's expenses, interest and income
calculated using the amortized cost method and the current currency
spot rate.
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    5. Purchasers of Shares in Creation Units may hold such Shares or
may sell such Shares into the secondary market. Shares will be listed
on a national securities exchange, as defined in section 2(a)(26) of
the Act (a ``Listing Market''). It is expected that one or more member
firms of a Listing Market will be designated to act as a specialist and
maintain a market for Shares on the Listing Market (the
``Specialist''). Prices of Shares trading on a Listing Market will be
based on the current bid/offer market. Shares sold in the secondary
market will be subject to customary brokerage commissions and charges.
    6. Applicants expect that purchasers of Creation Units will include
institutional investors and arbitrageurs (which could include
institutional investors). The Specialist, in providing a fair and
orderly secondary market for the Shares, also may purchase Creation
Units for use in its market-making activities. Applicants expect that
secondary market purchasers of Shares will include both institutional
investors and retail investors.\2\ Applicants expect that the price at
which the Shares trade will be disciplined by arbitrage opportunities
created by the ability to continually purchase or redeem Creation Units
at their NAV, which should ensure that the Shares will not trade at a
material discount or premium in relation to their NAV.
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    \2\ Shares will be registered in book-entry form only. DTC or
its nominee will be the registered owner of all outstanding Shares.
DTC or DTC Participants will maintain records reflecting beneficial
owners of Shares.
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    7. Shares will not be individually redeemable, and owners of Shares
may acquire those Shares from a New Fund, or tender such Shares for
redemption to the New Fund, in Creation Units only. To redeem, an
investor will have to accumulate enough Shares to constitute a Creation
Unit. Redemption orders must be placed by or through an Authorized
Participant. An investor redeeming a Creation Unit generally will
receive a specified amount of local currency (the ``Currency Redemption
Amount''). Each New Fund reserves the right to substitute Portfolio
Securities for all or a portion of the Currency Redemption Amount.\3\ A
redeeming investor may pay a Transaction Fee to offset transfer and
other transaction costs that may be incurred by the New Fund in
processing the redemption.
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    \3\ To the extent a New Fund requires a substitution of
Portfolio Securities for the Currency Redemption Amount, a
description of the Portfolio Securities, including the names and
amount of the Portfolio Securities, will be made available prior to
the opening of business on the applicable Listing Market.
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    8. Neither the Trust nor any individual New Fund will be marketed
or otherwise held out as an ``open-end investment company'' or a
``mutual fund.'' The prospectus (``Prospectus'') for each New Fund will
prominently disclose that the New Fund is an ``actively-managed
exchange-traded fund.'' All marketing materials that describe the
method of obtaining, buying or selling Shares, or refer to
redeemability, will prominently disclose that Shares are not
individually redeemable and that the owners of Shares may purchase or
redeem Shares from a New Fund in Creation Units only. The same approach
will be followed in the SAI, shareholder reports and investor
educational materials issued or circulated in connection with the
Shares. The New Funds will provide copies of their annual and semi-
annual shareholder reports to DTC Participants for distribution to
beneficial owners of Shares.
    9. The New Funds' Web site, which will be publicly available at no
charge, will include information about the New Funds that is updated on
a daily basis, including the mid-point of the bid-ask spread at the
time of the calculation of NAV (``Bid/Ask Price''). On each Business
Day, before the commencement of trading in Shares on the Listing
Market, each New Fund will disclose the identities and quantities of
the Portfolio Securities and other assets held in the New Fund
portfolio that will form the basis for the New Fund's calculation of
NAV at the end of the Business Day.\4\
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    \4\ Applicants note that under accounting procedures followed by
the New Funds, trades made on the prior Business Day (``T'') will be
booked and reflected in NAV on the current Business Day (``T + 1'').
Accordingly, the Funds will be able to disclose at the beginning of
the Business Day the portfolio that will form the basis for the NAV
calculation at the end of the Business Day.
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Applicants' Legal Analysis

    1. Applicants request an order under section 6(c) of the Act
granting an exemption from sections 2(a)(32), 5(a)(1) and 22(d) of the
Act and rule 22c-1 under the Act; and under sections 6(c) and 17(b) of
the Act granting an exemption from sections 17(a)(1) and (a)(2) of the
Act.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provision of the Act, if and to
the extent that such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) of the Act if evidence establishes that
the terms of the transaction, including the consideration to be paid or
received, are reasonable and fair and do not involve overreaching on
the part of any person concerned, and the proposed transaction is
consistent with the policies of the registered investment company and
the general provisions of the Act.

Sections 5(a)(1) and 2(a)(32) of the Act

    3. Section 5(a)(1) of the Act defines an ``open-end company'' as a
management investment company that is offering for sale or has
outstanding any redeemable security of which it is the issuer. Section
2(a)(32) of the Act defines a redeemable security as any security,
other than short-term paper, under the terms of which the holder, upon
its presentation to the issuer, is entitled to receive approximately
his proportionate share of the issuer's current net assets, or the cash
equivalent. Because Shares will not be individually redeemable,
applicants request an order that would permit each New Fund, as a
series of an open-end management investment company, to issue Shares
that are redeemable in Creation Units only. Applicants state that
investors may purchase Shares in Creation Units from each New Fund and
redeem Creation Units from each New Fund. Applicants

further state that because the market price of Shares will be
disciplined by arbitrage opportunities, investors should be able to
sell Shares in the secondary market at prices that do not vary
substantially from their NAV.

Section 22(d) of the Act and Rule 22c-1 under the Act

    4. Section 22(d) of the Act, among other things, prohibits a dealer
from selling a redeemable security, which is currently being offered to
the public by or through a principal underwriter, except at a current
public offering price described in the prospectus. Rule 22c-1 under the
Act generally requires that a dealer selling, redeeming, or
repurchasing a redeemable security do so only at a price based on its
NAV. Applicants state that secondary market trading in Shares will take
place at negotiated prices, not at a current offering price described
in the prospectus, and not at a price based on NAV. Thus, purchases and
sales of Shares in the secondary market will not comply with section
22(d) of the Act and rule 22c-1 under the Act. Applicants request an
exemption under section 6(c) from these provisions.
    5. Applicants assert that the concerns sought to be addressed by
section 22(d) of the Act and rule 22c-1 under the Act with respect to
pricing are equally satisfied by the proposed method of pricing Shares.
Applicants maintain that while there is little legislative history
regarding section 22(d), its provisions, as well as those of rule 22c-
1, appear to have been designed to (a) prevent dilution caused by
certain riskless-trading schemes by principal underwriters and contract
dealers, (b) prevent unjust discrimination or preferential treatment
among buyers resulting from sales at different prices, and (c) assure
an orderly distribution of investment company shares by eliminating
price competition from dealers offering shares at less than the
published sales price and repurchasing shares at more than the
published redemption price.
    6. Applicants believe that none of these purposes will be thwarted
by permitting Shares to trade in the secondary market at negotiated
prices. Applicants state that (a) secondary market trading in Shares
does not involve the Funds as parties and cannot result in dilution of
an investment in Shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
Shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants contend that the proposed distribution
system will be orderly because arbitrage activity will ensure that the
difference between the market price of Shares and their NAV remains
narrow.

Sections 17(a)(1) and (2) of the Act

    7. Section 17(a)(1) and (2) of the Act generally prohibit an
affiliated person of a registered investment company, or an affiliated
person of such a person (``second tier affiliate''), from selling any
security to or purchasing any security from the company. Section
2(a)(3) of the Act defines ``affiliated person'' to include any person
directly or indirectly owning, controlling, or holding with power to
vote 5% or more of the outstanding voting securities of the other
person and any person directly or indirectly controlling, controlled
by, or under common control with, the other person. Section 2(a)(9) of
the Act provides that a control relationship will be presumed where one
person owns more than 25% of another person's voting securities.
Applicants request an exemption from 17(a) under sections 6(c) and
17(b), to permit in-kind purchases and redemptions by persons that are
affiliated persons or second-tier affiliates of the New Funds by virtue
of holding 5% or more, or in excess of 25%, of the outstanding Shares
of one or more of the New Funds.
    8. Applicants state that although there is no present intention to
permit in-kind purchases, applicants contend that no useful purpose
would be served by prohibiting affiliated persons from making in-kind
purchases or redemptions of Shares in Creation Units. The deposit
procedures for in-kind purchases and the redemption procedures for in-
kind redemptions of Creation Units will be the same for all purchases
and redemptions. Deposit Securities will be valued under the same
objective standards applied to valuing Portfolio Securities. Therefore,
applicants state that in-kind purchases and redemptions for which
relief is requested will afford no opportunity for the affiliated
persons and second-tier affiliates described above to effect a
transaction detrimental to other holders of Shares. Applicants also
believe that these purchases and redemptions will not result in self-
dealing or overreaching by those persons of the New Fund.

Applicants' Conditions

    The applicants agree that any order of the Commission granting the
requested relief will be subject to the following conditions:
    1. Each New Fund's Prospectus will clearly disclose that, for
purposes of the Act, Shares are issued by the New Fund and that the
acquisition of Shares by investment companies and companies relying on
Sections 3(c)(1) or 3(c)(7) of the Act is subject to the restrictions
of Section 12(d)(1) of the Act, except as permitted by an exemptive
order that permits registered investment companies to invest in a New
Fund beyond the limits of Section 12(d)(1), subject to certain terms
and conditions, including that the registered investment company enter
into an agreement with the New Fund regarding the terms of the
investment.
    2. As long as each New Fund operates in reliance on the requested
order, the Shares will be listed on a Listing Market.
    3. Neither the Trust nor any New Fund will be advertised or
marketed as an open-end investment company or a mutual fund. Each New
Fund's Prospectus will prominently disclose that the New Fund is an
``actively managed exchange-traded fund.'' Each New Fund's Prospectus
will prominently disclose that Shares are not individually redeemable
and will disclose that the owners of Shares may acquire those Shares
from a New Fund and tender those Shares for redemption to a New Fund in
Creation Units only. Any advertising material that describes the
purchase or sale of Creation Units or refers to redeemability will
prominently disclose that Shares are not individually redeemable and
that owners of Shares may acquire those Shares from a New Fund and
tender those Shares for redemption to a New Fund in Creation Units
only.
    4. The Web site for the Trust, which will be publicly accessible at
no charge, will contain the following information, on a per Share
basis, for each New Fund: (a) The prior Business Day's NAV and the Bid/
Ask Price and a calculation of the premium or discount of the Bid/Ask
Price against such NAV; and (b) data in chart format displaying the
frequency distribution of discounts and premiums of the daily Bid/Ask
Price against the NAV, within appropriate ranges, for each of the four
previous calendar quarters.
    5. The Prospectus and annual report for each New Fund will also
include: (a) The information listed in condition 4(b), (i) in the case
of the Prospectus, for the most recently completed year (and the most
recently completed quarter or quarters, as applicable) and (ii) in the
case of the annual report, for the immediately preceding five years, as
applicable; and (b) the following data, calculated on a per Share basis
for one,

five and ten year periods (or life of the New Fund), (i) the cumulative
total return and the average annual total return based on NAV and Bid/
Ask Price, and (ii) the cumulative total return of the relevant local
currency against the U.S. dollar.
    6. On each Business Day, before the commencement of trading in
Shares on a New Fund's Listing Market, the New Fund will disclose on
its website the identities and quantities of the money market
securities and other assets held by the New Fund that will form the
basis for the New Fund's calculation of NAV at the end of the Business
Day.
    7. The Adviser and any subadviser, directly or indirectly, will not
cause any Authorized Participant (or any investor on whose behalf an
Authorized Participant may transact with the New Fund) to acquire any
Deposit Security for a New Fund through a transaction in which the New
Fund could not engage directly.
    8. The requested order will expire on the effective date of any
Commission rule under the Act that provides relief permitting the
operation of actively-managed exchange-traded funds.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-2451 Filed 2-8-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17306-17311]
[FR Doc No: 2017-07048]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80374; File No. SR-NYSE-2017-07]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Amending Rule 36 To Permit
Exchange Floor Brokers To Use Non-Exchange Provided Telephones on the
Floor

April 4, 2017.
    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 March 31, 2017, 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, II, and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 amend Rule 36 to permit Exchange Floor
brokers to use non-Exchange provided telephones on the Floor of the
Exchange and make related changes modeled on rules of the Exchange's
affiliates NYSE MKT LLC and NYSE Arca, Inc., governing telephone use on
those markets' options trading floors. The proposed rule change is
available on the Exchange's Web site 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 Rule 36 (Communication Between
Exchange and Members' Offices) to permit Exchange Floor brokers to use
non-Exchange provided telephones on the Floor of the Exchange (the
``Floor'') \4\ and make related changes modeled on rules of the
Exchange's affiliates, NYSE MKT LLC (``NYSE MKT'') and NYSE Arca, Inc.
(``NYSE Arca''), governing telephone use on those markets' options
trading floors.
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    \4\ Rule 6 defines the Floor as the trading Floor of the
Exchange and the premises immediately adjacent thereto, such as the
various entrances and lobbies of the 11 Wall Street, 18 New Street,
8 Broad Street, 12 Broad Street and 18 Broad Street Buildings, and
also means the telephone facilities available in these locations.
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Background

Overview of Rule 36 Requirements

    Rule 36 governs the establishment of telephone or electronic
communications between the Floor and any other location, which requires
Exchange approval. Supplementary Material .20, .21 and .23 to Rule 36
outline the conditions under which Floor brokers are permitted to use
Exchange authorized and provided portable telephones with the approval
of the Exchange. These provisions of Rule 36 were originally
implemented as a six-month pilot in 2003,\5\ which pilots were extended
and then made permanent in 2008.\6\
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    \5\ See Securities Exchange Act Release No. 47671 (April 11,
2003), 68 FR 19048 (April 17, 2003) (SR-NYSE-2002-11); Securities
Exchange Act Release No. 47992 (June 5, 2003), 68 FR 35047 (June 11,
2003) (SR-NYSE-2003-19).
    \6\ See Securities Exchange Act Release No. 58068 (June 30,
2008), 73 FR 39363 (July 9, 2008) (SR-NYSE-2008-20) (``Release No.
58068'').
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    Pursuant to Rule 36.20(a), with Exchange approval, Floor brokers
may maintain a telephone line or use Exchange authorized and provided
portable phones, which permit a non-member off the Floor to communicate
with a member or member organization on the Floor. Subject to the
exception contained in Rule 36.23, discussed below, Rule 36.20(a)
expressly prohibits the use of a portable telephone on the Floor other
than one authorized and issued by the Exchange.
    The use of Exchange authorized and issued portable phones is
governed by Rule 36.21, which provides that when using an Exchange
authorized and provided portable phone, a Floor broker:
    (i) May engage in direct voice communications from the point of
sale on the Floor to an off-Floor location;
    (ii) may provide status and oral execution reports as to orders
previously received, as well as ``market look'' observations as
historically have been routinely transmitted from a broker's booth
location;
    (iii) must comply with Exchange Rule 123(e);
    (iv) must comply with all other rules, policies, and procedures of
both the Exchange and the federal securities law, including the record
retention requirements, as set forth in Exchange Rule 440 and SEC Rules
17a-3 and 17a-4; \7\ and
---------------------------------------------------------------------------

    \7\ See 17 CFR 240.17a-3; 17 CFR 240.17a-4.
---------------------------------------------------------------------------

    (v) may not use call-forwarding or conference calling. Exchange
authorized and provided portable phones used by Floor brokers shall not
have these capabilities.
    Rule 36.21(b) further provides that Floor brokers and their member
organizations must implement procedures designed to deter anyone
calling their portable phones from using caller ID block or other means
to conceal the phone number from which a call is being made. Members
and member organizations are required to make and retain records
demonstrating compliance with such procedures.
    Rule 36.23 provides that, notwithstanding any other provision of
Rule 36, members and employees of member organizations may use personal
portable communications devices outside the Trading Floor \8\
consistent with Exchange Rules and the federal securities laws and the
rules thereunder, and are prohibited from using personal portable or
wireless communications devices while on the NYSE Amex Options Trading
Floor.\9\ The Rule further provides that those members and employees of
member organizations that are also registered to trade options on NYSE
Amex are permitted to use personal portable or wireless communication
devices while on the NYSE Amex Options Trading Floor \10\ in accordance
with applicable NYSE Amex Options rules and regulations.
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    \8\ Rule 6A defines the Trading Floor as the restricted-access
physical areas designated by the Exchange for the trading of
securities, commonly known as the Main Room and the Buttonwood Room
but does not include the areas in the Buttonwood Room designated by
the Exchange where NYSE Amex-listed options are traded, which for
the purposes of the Exchange's Rules is referred to as the ``NYSE
Amex Options Trading Floor,'' or the physical area within fully
enclosed telephone booths located in 18 Broad Street at the
Southeast wall of the Trading Floor.
    \9\ See Rule 6A(b)(i) & notes 10-11, infra.
    \10\ Rule 6A(b) defines ``NYSE Amex Options Trading Floor'' as
the areas in the Buttonwood Room designated by the Exchange where
NYSE Amex-listed options are traded. See note 8, supra.
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Rules Governing Telephones on the NYSE MKT and NYSE Arca Options
Trading Floors

    The Exchange's affiliates, NYSE MKT and NYSE Arca, operate physical
options trading floors in New York and San Francisco, respectively.\11\
NYSE MKT Rule 902NY (Admission and Conduct on the Options Trading
Floor), governing phone use on the NYSE Amex Options Trading Floor, was
adopted in 2009 and modeled on NYSE Arca Rule 6.2(h) (Admission to and
Conduct on the Options Trading Floor).\12\ Both exchanges allow Floor-
based permit holders and their employees to use personal phones on

the options trading floors subject to the same types of restrictions
proposed for the Exchange. Neither NYSE MKT nor NYSE Arca provides
exchange-issued and approved telephones for use on the options trading
floors.
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    \11\ NYSE MKT operates the NYSE Amex Options Trading Floor in
New York, while NYSE Arca Options operates an options trading floor
in San Francisco.
    \12\ See Securities Exchange Act Release No. 59939 (May 19,
2009), 74 FR 25779 (May 29, 2009) (SR-NYSEAmex-2009-17).
---------------------------------------------------------------------------

    Specifically, NYSE MKT Rule 902NY(i)(1) and NYSE Arca Rule
6.2(h)(1) require permit holders to register, prior to use, any new
telephones to be used on the options trading floor by sending a
registered email to the Operations Department, which includes the
number of the telephone being registered.\13\ Similarly, both rules
require trading permit holder representatives to attest at the time of
registration that they are aware of and understand the rules governing
the use of telephones on the options trading floor. NYSE MKT Rule
902NY(i)(1) and NYSE Arca Rule 6.2(h)(1) provide that no trading permit
holder or employee thereof may employ any alternative communication
device (other than telephones as described herein) on the trading floor
without prior approval of the respective exchange.\14\
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    \13\ On the NYSE Amex Options market, a permit holder is known
as an ``Amex Trading Permit Holder'' or ``ATP Holder,'' which is
defined in NYSE MKT Rule 900.2NY(5) as a natural person, sole
proprietorship, partnership, corporation, limited liability company
or other organization, in good standing, that has been issued an
ATP. See also Rule 900.2NY(4) (defining ``ATP'' as a permit issued
by NYSE MKT for effecting securities transactions on the Exchange's
Trading Facilities, defined in Rule 900.2NY(81) as, among places,
NYSE MKT's facilities for the trading of options 11 Wall Street, New
York, NY). An ATP Holder must be registered as a broker or dealer.
Similarly, on the NYSE Arca options market, permit holders are OTP
Holders or OTP Firms, which are defined in NYSE Arca Rules 1.1(q)
and (r), respectively.
    \14\ The Exchange does not propose to include the requirements
of NYSE MKT Rule 902NY(i)(2) (Functionality) and NYSE Arca Rule
6.2(h)(2) (Functionality) or NYSE MKT Rule 902NY(i)(3) (Requirements
and Conditions) and NYSE Arca Rule 6.2(h)(3) (Requirements and
Conditions) in its Rule 36.
    NYSE MKT Rule 902NY(i)(2) and NYSE Arca Rule 6.2(h)(2) prohibit
maintenance of an open line of continuous communication whereby a
person not located in the trading crowd may continuously monitor the
activities in the trading crowd, and covers intercoms, walkie-
talkies and any similar devices. Similarly, NYSE MKT Rule
902NY(i)(3)(A) and NYSE Arca Rule 6.2(h)(3)(A) provide that only
quotations that have been publicly disseminated may be provided over
telephones in trading areas. In today's largely automated trading
environment on the Exchange, where pricing decisions have moved away
from market participants on the Trading Floor and there is greater
availability to all market participants of real-time trade and quote
information, importing these requirements into Rule 36 would serve
no purpose. The traditional trading ``crowd'' at the DMM post has
virtually disappeared, and along with it much of the informational
imbalance that existed prior to the implementation of Regulation
NMS. The Exchange also believes that these requirements would be
incompatible with current Rule 36, which explicitly permits Floor
brokers to engage in direct voice communication from the point of
sale on the Floor to an off-Floor location and, more importantly,
provide status and oral execution reports as to orders previously
received, as well as ``market look'' observations as historically
have been routinely transmitted from a broker's booth location.
    Further, NYSE MKT Rule 902NY(i)(3)(B) and NYSE Arca Rule
6.2(h)(3)(B) require telephone orders to be entered directly to the
trading zone (NYSE MKT) or trading post (NYSE Arca) only during
outgoing telephone calls that are initiated from the trading crowd
(NYSE MKT) or option posts (NYSE Arca), and that all such orders be
immediately recorded in the Electronic Order Capture System (EOC).
For the same reasons noted above, the Exchange believes that
importing these requirements into Rule 36 would serve no purpose.
Moreover, comparable Exchange system entry requirements to those in
NYSE MKT Rule 902NY(i)(3)(B) and NYSE Arca Rule 6.2(h)(3)(B) are set
forth in Rule 123(e).
    NYSE MKT Rule 902NY(i)(3)(C) and NYSE Arca Rule 6.2(h)(3)(C)
provide that the relevant exchange may require the taping of any
telephone line into the trading zone (NYSE MKT) or trading post
(NYSE Arca) or may require permit holders to provide for the tape
recording of a dedicated line in the trading zone or trading post at
any time. NYSE MKT Rule 902NY(i)(3)(C) and NYSE Arca Rule
6.2(h)(3)(C), however, relates to the taping of land lines, not
cellular or wireless phones. Accordingly, the Exchange does not
propose to include this requirement in Rule 36.
    Finally, the Exchange does not propose to include the
requirements found in NYSE MKT Rule 902NY(i)(4)(B) and (C) and NYSE
Arca Rule 6.2(h)(4)(B) and (C) in its Rule 36. NYSE MKT Rule
902NY(i)(4)(B) and NYSE Arca Rule 6.2(h)(4)(B) provide that Floor
brokers and permit holders may receive orders over their phones
subject to the provisions of NYSE MKT Rule 902NY(i)(3)(B) and NYSE
Arca Rule 6.2(h)(3)(B), respectively, and that telephonic orders
entered from off the Trading Floor must be placed with a person
located in an ATP Holder booth. Similarly, NYSE MKT Rule
902NY(i)(4)(C) and NYSE Arca Rule 6.2(h)(4)(C) provide that Floor
brokers receiving orders from a permit holder representative on the
Trading Floor may immediately represent that order in the trading
crowd provided that such orders are immediately recorded in EOC. As
noted, current Rule 36 already contemplates that Floor brokers can
accept orders via telephone consistent with NYSE rules, including
the requirement in NYSE Rule 123(e) to first record order details in
an electronic system on the Floor before representing or executing
the order.
---------------------------------------------------------------------------

    Further, NYSE MKT Rule 902NY(i)(4)(A) and NYSE Arca Rule
6.2(h)(4)(A) provide that permit holders and employees of permit
holders may use their own cellular and wireless phones to place calls
to any person at any location (whether on or off the trading floor).
Neither exchange prohibits or restricts the use of conference call or
call forwarding features by permit holders and their employees when
using personal cellular and wireless phones on the trading floor.
    NYSE MKT Rule 902NY(i)(5) and NYSE Arca Rule 6.2(h)(5) also provide
that permit holders must maintain records of the use of telephones and
all other approved alternative communication devices, including logs of
calls placed, for a period of not less than three years, the first two
years in an accessible place. Both exchanges reserve the right to
inspect such records pursuant to NYSE MKT Rule 31 and NYSE Arca Rule
10.2, respectively.\15\
---------------------------------------------------------------------------

    \15\ See NYSE MKT Rule 902NY(i)(5); NYSE Arca Rule 6.2(h)(5).
---------------------------------------------------------------------------

    NYSE MKT Rule 902NY(i)(6) and NYSE Arca Rule 6.2(h)(6) provide that
each exchange may deny, limit or revoke the registration of any
telephone used on the trading floor whenever it determines that use of
such device is inconsistent with the public interest, the protection of
investors, or just and equitable principles of trade, or such device
has been or is being used to facilitate any violation of the Act, as
amended, or rules thereunder, or the rules of the respective exchange.
    Finally, NYSE MKT Rule 902NY(i)(7) and NYSE Arca Rule 6.2(h)(7)
provide that the respective exchanges assume no liability to permit
holders due to conflicts between phones in use on the options trading
floor or due to electronic interference problems resulting from the use
of telephones on the trading floor.
Proposed Rule Change
    The Exchange proposes to amend Rule 36 to permit Floor brokers to
use any cellular or wireless telephone properly registered with the
Exchange on the Floor, thereby eliminating the requirement that Floor
brokers only use Exchange-approved and provided portable phones. The
proposed changes are based on the rules of NYSE MKT and NYSE Arca
governing use of cellular phones on the options trading floors of those
exchanges and include proposed safeguards surrounding the use of non-
Exchange issued devices modeled on the rules of those Exchange
affiliates.
    To effect these changes, the Exchange proposes the following
amendments to Rule 36.20(a):
     First, the requirement for prior Exchange approval to
utilize cellular or wireless telephones on the Floor would remain
unchanged and would be strengthened by the Exchange's proposal to add
the phrase ``and subject to the registration requirements set forth in
Supplementary Material .21'' in the first sentence of subparagraph (a).
     Second, the Exchange proposes to delete the phrase ``an
Exchange authorized and provided portable'' before the word
``telephone'' in the first sentence of subparagraph (a) and replace it
with the term ``a cellular or wireless.'' \16\ The Exchange also
proposes a non-substantive grammatical

change to replace the word ``which'' with ``that'' before the word
``permits.''
---------------------------------------------------------------------------

    \16\ NYSE MKT Rule 902NY and NYSE Arca Rule 6.2(h) utilize the
phrase ``cellular and cordless.'' The Exchange proposes to instead
use the more modern synonym, ``wireless.''
---------------------------------------------------------------------------

     Third, the Exchange would change the reference to
``portable'' phones to ``cellular or wireless'' in the second sentence
of subparagraph (a). The Exchange also proposes non-substantive changes
at the end of the second sentence to replace a capital ``S'' with a
lower case ``s'' in the word ``See'' and to delete the word ``for''
following the word ``See'' before ``e.g.,''
     Finally, in the last sentence of subparagraph (a), the
Exchange would replace the word ``portable'' with ``cellular or
wireless.'' The Exchange would also replace the phrase ``authorized and
issued by'' with ``registered with'' before ``the Exchange'' and add
the clause ``as provided in .21 of this Rule'' after ``the Exchange''
and before ``is prohibited.''
    To continue to enable the Exchange to regulate and control
equipment and communications on the Floor, the Exchange proposes the
following amendments to Rules 36.21 and 36.23, which are modeled on the
rules of the Exchange's affiliates. The proposed rule changes would set
forth the conditions under which Floor brokers would be permitted to
use their own cellular or wireless telephones on the Floor.
     First, the Exchange proposes to replace ``an Exchange
authorized and provided portable'' in the heading to Rule 36.21 with
``a cellular or wireless'' before ``phone.''
     Second, the Exchange proposes a new subparagraph (a) to
Rule 36.21 requiring Floor brokers to register, prior to use, any
cellular or wireless telephone proposed to be used on the Floor by
submitting a request in writing to the Exchange in a format acceptable
to the Exchange.\17\ Proposed Rule 36.21(a) would further require that
Floor brokers attest at the time of registration that they are aware of
and understand the rules governing the use of telephones on the
Floor.\18\ Finally, separate from the registration and use of
telephones, under the proposed Rule, no Floor broker may employ any
alternative communication device on the Floor (other than telephones as
described in the proposed rule) without prior Exchange approval. The
Exchange would thus retain the authority to review and approve any
alternative communication device prior to use. The requirements in
proposed Rule 36.21(a) are based on the requirements specified in NYSE
MKT Rule 902NY(i)(1) and NYSE Arca Rule 6.2(h)(1), described above. The
language of proposed Rule 36.21(a) is different than the NYSE MKT and
NYSE Arca rules on which it is based because of the inclusion of
conforming references to ``Floor brokers,'' ``cellular or wireless
telephone,'' one reference to ``devices'' rather than ``telephones,''
and the use of ``Floor'' rather than ``Trading Floor.'' The proposed
Rule also requires Floor brokers and not Floor broker
``representatives'' to attest.\19\
---------------------------------------------------------------------------

    \17\ The Exchange does not propose to specify in the Rule that
an email or other writing be sent to a specific Exchange department.
Rather, the Exchange will specify where the email should be sent in
regulatory guidance that the Exchange would issue following approval
of this rule filing. The guidance would also specify that the
registration email identify the telephone number of the phone being
registered.
    \18\ A proposed attestation is attached as Exhibit 5A. The
Exchange previously developed an acknowledgement for Floor brokers
to sign providing specified terms of usage in connection with the
use of Exchange authorized and issued portable phones that was filed
with the Commission. See Release No. 58068, 73 FR at 39363, n. 10.
The proposed attestation requirements would supersede and replace
the previously filed acknowledgment form. Similarly, the Exchange
filed regulatory guidance with the Commission regarding the use of
portable phones on the Floor. See id.; Member Education Bulletins
2005-20 (November 28, 2005) and 2005-23 (December 2, 2005). This
filing would supersede that guidance, and the Exchange would issue
appropriate regulatory guidance prior to the effective date of this
rule filing.
    \19\ See NYSE MKT Rule 902NY(i)(1) and NYSE Arca Rule 6.2(h)(1)
(imposing the attestation requirement on ``ATP Holder
representatives'' and ``OTP Holder and OTP Firm representatives'').
---------------------------------------------------------------------------

     Third, current subparagraph (a) of Rule 36.21 would become
new subparagraph (b) and the Exchange would delete ``an Exchange
authorized and provided portable'' before ``phone,'' replace it with
``a cellular or wireless,'' and add the phrase ``on the Floor'' after
``phone.'' The Exchange would also retain current subparts (i)-(iv) and
delete current subpart (v), which prohibits the use of call-forwarding
or conference calling. These requirements were added to Rule 36 in
2006.\20\ As noted above, the rules of NYSE MKT and NYSE Arca, both of
which permit non-exchange issued telephones to be used on the options
trading floors, do not contain similar prohibitions on call-forwarding
or conference calling. The Exchange believes that the current
prohibitions on use of call-forwarding or conference calling are no
longer necessary and that it would be consistent with the Act to
eliminate these prohibitions. First, the prohibition on forwarding
calls prevented Floor brokers from forwarding calls placed to an
Exchange-issued device to a non-Exchange issued device. Once Floor
brokers are able to use non-Exchange issued telephones, the rationale
for the prohibition would no longer apply. Moreover, the Exchange
believes that, if this feature were used to forward calls from one
registered cell phone to another registered cell phone on the Floor,
both phones would independently be subject to the obligations of
proposed Rule 36 and therefore subject to Exchange jurisdiction. To the
extent such calls are forwarded to a telephone that is not located on
the Floor, Rule 36 would not apply to a telephone that was not
physically present on the Floor. With respect to the call conferencing
feature, current Rule 36.21 does not restrict with whom a Floor broker
may communicate when using a portable phone at the point of sale.
Moreover, if this feature were used, any records of such calls would be
captured pursuant to paragraph (d) of Rule 36.21 below and would be
available to the Exchange upon request.
---------------------------------------------------------------------------

    \20\ See Securities Exchange Act Release No. 53213 (Feb. 2,
2006), 71 FR 7103 (Feb. 10, 2006) (SR-NYSE-2005-80).
---------------------------------------------------------------------------

     Fourth, current subparagraph (b) would become proposed
subparagraph (c).\21\ The Exchange would also replace the word
``portable'' in proposed subparagraph (c) with ``cellular or
wireless.''
---------------------------------------------------------------------------

    \21\ Rule 36.21(b) provides that Floor brokers and their member
organizations must implement procedures designed to deter anyone
calling their portable phone from using caller ID block or other
means to conceal the phone number from which a call is being made.
Members and member organizations are required to make and retain
records demonstrating compliance with such procedures.
---------------------------------------------------------------------------

     Fifth, the Exchange proposes a new subparagraph (d) of
Rule 36.21 providing that Floor brokers must maintain records of the
use of telephones and all other approved communication devices,
including logs of calls placed, for a period of not less than three
years, the first two years in an accessible place, and that the
Exchange reserves the right to periodically inspect such records.
Proposed new subparagraph (d) is based on NYSE MKT Rule 902NY(i)(5) and
NYSE Arca Rule 6.2(h)(5). Proposed Rule 36.21(d) is different than the
NYSE MKT and NYSE Arca rules on which it is based because of the
inclusion of conforming references to ``Floor brokers.'' The last
sentence of the proposed Rule also provides that the Exchange reserves
the right to periodically inspect records pursuant to Rule 8210, which
governs provision of information and testimony and inspection and
copying of books, and is analogous to NYSE MKT Rule 31 and NYSE Arca
Rule 10.2.
     Sixth, the Exchange proposes a new subparagraph (e) that
provides the

Exchange with the ability to deny, limit or revoke registration of any
device used on the Floor whenever it determines, in accordance with the
procedures set forth in Rule 9558,\22\ that use of such a device is
inconsistent with the public interest, the protection of investors, or
just and equitable principles of trade, or such device has been or is
being used to facilitate any violation of the Act, as amended, the
rules thereunder, or the Exchange's rules. Proposed Rule 36.21(e) is
based on NYSE MKT Rule 902NY(i)(6) and NYSE Arca Rule 6.2(h)(6).
Proposed Rule 36.21(e) is different than the NYSE MKT and NYSE Arca
rules on which it is based because of the inclusion of conforming
references to ``device'' rather than ``telephone'' and ``Floor'' rather
than ``Trading Floor.'' The proposed Rule also omits the reference to
Rule 475 in NYSE MKT Rule 902NY(i)(6) and the reference to NYSE Arca
Rule 10.14 in NYSE Arca Rule 6.2(h)(6). NYSE Rule 475 has been
superseded by NYSE Rule 9558, which is referenced in the proposed Rule.
Rule 9558 is also the closest Exchange analogue to NYSE Arca Rule
10.14.
---------------------------------------------------------------------------

    \22\ Rule 9558 relates to summary proceedings for actions
authorized by Section 6(d)(3) of the Act.
---------------------------------------------------------------------------

     Seventh, the Exchange would adopt a new subparagraph (f)
providing that the Exchange assumes no liability to Floor brokers due
to conflicts between phones in use on the Floor or due to electronic
interference problems resulting from the use of telephones on the
Floor. Proposed Rule 36.21(f) is based on NYSE MKT Rule 902NY(i)(7) and
NYSE Arca Rule 6.2(h)(7) and, except for conforming references to
``Floor brokers'' and ``Floor'' rather than ``Trading Floor,'' is
identical to the NYSE MKT and NYSE Arca Rules.\23\
---------------------------------------------------------------------------

    \23\ The Exchange notes that proposed Rule 36.21(f) is similar
to the rules of other exchanges that seek to limit or cap liability
for losses arising from the use of an exchange's facilities,
systems, or equipment. See, e.g., Nasdaq Rule 4626 (Limitation of
Liability); NYSE Arca Rules 2.8 (No Liability for Using Exchange
Facilities) and 14.2 (Liability of Exchange); NYSE Arca Equities
Rule 2.7 (No Liability for Using Trading Facilities) and 13.2
(Liability of Corporation). See generally NYSE Rule 17 (Use of
Exchange Facilities and Vendor Services) and 18 (Compensation in
Relation to Exchange Failure).
---------------------------------------------------------------------------

     Finally, the Exchange would replace three references to
``personal portable'' with ``cellular'' in current Rule 36.23.
    The proposed changes to Rule 36, with the exception of current Rule
36.23, would not apply to Designated Market Makers, who would continue
to be subject to Rules 36.30 and 36.31.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\24\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\25\ in particular, in that 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, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that permitting Floor brokers
to use any cellular or wireless telephone properly registered with the
Exchange on the Floor and eliminating the requirement that Floor
brokers only use Exchange-approved and provided portable phones are
designed to prevent fraudulent and manipulative acts and practices and
would be consistent with the public interest and the protection of
investors because of the numerous safeguards surrounding the use of
non-Exchange issued devices also proposed for inclusion in Rule 36. The
proposed safeguards would include:
     Requiring Floor brokers to register personal communication
devices prior to use;
     attesting at the time of registration that they are aware
of and understand the rules governing the use of telephones on the
Floor;
     prohibiting employment of alternative communication
devices on the Floor without prior Exchange approval;
     requiring Floor brokers to maintain records of the use of
telephones and all other approved alternative communication devices,
including logs of calls placed, for a period of not less than three
years, the first two years in an accessible place, for inspection by
the Exchange at any time; and
     empowering the Exchange to deny, limit or revoke
registration of any device used on the Floor whenever it determines
that use of such a device is inconsistent with the public interest, the
protection of investors, or just and equitable principles of trade, or
such device.
    The Exchange believes that these proposed safeguards, modeled on
the rules of the Exchange's affiliates, establish an appropriate
regulatory framework for supervising and monitoring use of
communication devices on the Exchange's trading Floor consistent with
the objectives of Section 6(b)(5) of the Act.
    The Exchange further believes that deleting the current requirement
in Rule 36 prohibiting the use of call-forwarding or conference calling
would be consistent with the public interest and the protection of
investors because, as noted above, such requirements are not currently
in place on the NYSE MKT and NYSE Arca options trading floors. As noted
above, the rationale for the prohibition was aimed at preventing Floor
brokers from forwarding calls to non-Exchange issued phones and would
be moot if Floor brokers are only using non-Exchange issued devices. If
a call is forwarded from a registered cellular or wireless phone to
another registered telephone (wired or not) on the Floor, the phone
that received the calls would separately be subject to the obligations
of proposed Rule 36 and therefore subject to Exchange jurisdiction. If
a call is forwarded to a telephone located off of the Floor, Rule 36
would not be implicated because the person on the phone would not be
physically located on the Floor. In addition, the Exchange believes
that if Floor brokers use cellular or wireless telephones that include
call conferencing features, any such use would be captured on the
records of use of such telephones that Floor brokers would be required
to maintain pursuant to proposed paragraph (d) of Rule 36.21.
    The Exchange believes that including a provision in proposed Rule
36.21 providing that the Exchange assumes no liability to Floor brokers
due to conflicts between phones in use on the Floor or due to
electronic interference problems resulting from the use of telephones
on the Floor removes impediments to and perfects the mechanism of a
free and open market by adding transparency to the Exchange's rules
regarding use of personal telephone equipment on Exchange premises.
    The Exchange also believes that the proposed amendments to Rule 36
support the mechanism of free and open markets by continuing to provide
a means for increased communication by Floor brokers to and from the
Floor.
    Finally, the Exchange believes that replacing the outdated word
``portable'' with ``cellular or wireless'' in Rule 36.20 and .21 and
replacing ``personal portable'' with ``cellular'' in Rule 36.23 removes
impediments to and perfects the mechanism of a free and open market by
removing confusion that may result from having obsolete and outdated
references in the Exchange's rulebook. Similarly, the Exchange further
believes that the proposal

removes impediments to and perfects the mechanism of a free and open
market by ensuring that persons subject to the Exchange's jurisdiction,
regulators, and the investing public can more easily navigate and
understand the Exchange's rulebook. The Exchange believes that
eliminating obsolete and outdated references would be consistent with
the public interest and the protection of investors because investors
will not be harmed and in fact would benefit from increased
transparency, thereby reducing potential confusion. Removing such
obsolete and outdated references will also further the goal of
transparency and add clarity to the Exchange's rules.

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 Exchange does not
believe that the proposed rule change will impose any burden on
competition because the proposed change relates to how Floor brokers
are permitted to communicate on the Floor and proposes no change for
other market participants. In addition, the Exchange does not believe
that the proposed changes will impose any competitive burden because
Floor brokers will operate in the same manner but with telephone
equipment that is not Exchange-issued.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2017-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2017-07. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2017-07, and should
be submitted on or before May 1, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07048 Filed 4-7-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Rules and Regulations]
[Pages 52024-52026]
[FR Doc No: 2023-16884]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0927; Project Identifier MCAI-2023-00013-T;
Amendment 39-22461; AD 2023-12-03]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting an airworthiness directive (AD) that was
published in the Federal Register. That AD applies to certain Airbus
SAS Model A350-941 and -1041 airplanes. As published, a European Union
Aviation Safety Agency (EASA) AD number specified in the regulatory
text is incorrect. This document corrects that error. In all other
respects, the original document remains the same.

DATES: This correction is effective August 7, 2023. The effective date
of AD 2023-12-03 remains August 7, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 7,
2023 (88 FR 42598, July 3, 2023).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0927; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule; correction, the mandatory continuing
airworthiness information (MCAI), any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this IBR material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-0927.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aviation Safety Engineer, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7317; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    AD 2023-12-03, Amendment 39-22461 (88 FR 42598, July 3, 2023) (AD
2023-12-03), requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations for airplane structures and safe life limits.
That AD applies to certain Airbus SAS Model A350-941 and -1041
airplanes.

Need for the Correction

    As published, paragraph (i) in the regulatory text of AD 2023-12-03
is incorrect. Paragraph (i) of AD 2023-12-03 refers to ``EASA AD 2023-
0017.'' The correct reference is ``EASA AD 2023-0004.''

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0004, dated January 6, 2023, describes new or more
restrictive airworthiness limitations for airplane structures and safe
life limits. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Correction of Publication

    This document corrects an error and correctly adds the AD as an
amendment to 14 CFR 39.13. Although no other part of the preamble or
regulatory information has been corrected, the FAA is publishing the
entire rule in the Federal Register.
    The effective date of this AD remains August 7, 2023.
    Since this action only corrects an EASA AD reference, it has no
adverse economic impact and imposes no additional burden on any person.
Therefore, the FAA has determined that notice and public procedures are
unnecessary.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Corrected]

0
2. The FAA corrects Sec.  39.13 by correcting the airworthiness
directive published at 88 FR 42598 (July 3, 2023) to read:

2023-12-03 Airbus SAS: Amendment 39-22461; Docket No. FAA-2023-0927;
Project Identifier MCAI-2023-00013-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 7, 2023.

(b) Affected ADs

    This AD affects AD 2023-04-05, Amendment 39-22352 (88 FR 13668,
March 6, 2023) (AD 2023-04-05).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before November 1, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code: 05, Time
Limits/Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0004, dated January 6, 2023 (EASA AD 2023-0004).

(h) Exceptions to EASA AD 2023-0004

    (1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0004.
    (2) Paragraph (3) of EASA AD 2023-0004 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2023-0004 is on or before the applicable
``associated thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2023-0004, or within 90 days after the
effective date of this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in paragraph
(4) of EASA AD 2023-0004.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0004.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2023-0004.

(j) Terminating Action for AD 2023-04-05

    Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2023-04-05, for the tasks
identified in the service information referenced in EASA AD 2023-
0004 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (l) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Additional Information

    For more information about this AD, contact Dat Le, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
August 7, 2023 (88 FR 42598, July 3, 2023).
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0004,
dated January 6, 2023.
    (ii) [Reserved]
    (4) For EASA AD 2023-0004, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (5) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16884 Filed 8-3-23; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16020-16022]
[FR Doc No: 2019-07706]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0414]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Manufactured Food Regulatory Program Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the manufactured food regulatory program
standards.

DATES: Submit either electronic or written comments on the collection
of information by June 17, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before June 17, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of June 17, 2019. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2010-N-0414 for ``Manufactured Food Regulatory Program Standards.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.

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

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Manufactured Food Regulatory Program Standards OMB Control Number 0910-
0601--Extension

    In the Federal Register of July 20, 2006 (71 FR 41221), FDA
announced the availability of a document entitled ``Manufactured Food
Regulatory Program Standards.'' These program standards are the
framework that States should use to design and manage their
manufactured food programs. There are 43 State programs enrolled, which
receive an average of $230,000 (maximum of $300,000) each year for a
period of 5 years from the year they first enroll, provided there is
significant conformance with and/or maintenance of the 10 standards.
    In the first year of implementing the program standards, the State
program conducts a baseline self-assessment to determine if it meets
the elements of each standard. FDA suggests that the State program use
the worksheets and forms contained in the draft program standards;
however, it can use alternate forms that are equivalent. The State
program maintains the documents and verifies records required for each
standard. The information contained in the documents must be current
and fit for use. If the State program fails to meet all program
elements and documentation requirements of a standard, it develops a
strategic plan which includes the following: (1) The individual element
of documentation requirement of the standard that was not met, (2)
improvements needed to meet the program element or documentation
requirement of the standard, and (3) projected completion dates for
each task.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                             Respondent                                 Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Departments of Agriculture or Health.........................              43                1               43              569           24,467
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                       Average burden
                             Respondent                                 Number of       records per      Total annual         per          Total hours
                                                                      recordkeepers     recordkeeper       records       recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Departments of Agriculture or Health.........................              43               10              430               40           17,200
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    One additional State has enrolled in the program since 2016. The
total estimated burden of this collection has increased to 41,667 hours
among 43 respondents, from a previous total of 15,792 hours among 42
respondents. This increase is due to a change in the self-reported
response times provided by the respondents. Because this is a long-term
program, we believe this change is the result of more precise
documentation by participating agencies as they have grown more
experienced over time.

    Dated: April 12, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-07706 Filed 4-16-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Notices]
[Page 42361]
[DOCID:fr21jy08-62]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1766-DR]

Indiana; Amendment No. 13 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Indiana (FEMA-1766-DR), dated June 8, 2008, and
related determinations.

DATES: Effective Date: July 8, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Indiana is hereby amended to include the following
area among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of June 8, 2008.

    Madison County for Individual Assistance (already designated for
Public Assistance.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-16553 Filed 7-18-08; 8:45 am]

BILLING CODE 9110-10-P