Meeting with Dow on Sulfuryl Flouride 11/18/08

Dow AgroSciences recently presented new toxicity data for Sulfuryl
Fluoride to the EPA. Their data will potentially help evaluate toxicity
levels as it would pertain to residues on fumigated commodities,
exposure of re-entry and determination of the appropriate FQPA Safety
Factor in the tolerance assessment. Dow AgroSciences kindly offered the
following presentation of slides for public access.

EPA Attendees:

Meredith Laws

Vicki Dellarco

Edward Scollon

Christina Swartz

Michael Doherty

Venus Eagle

Autumn Metzger

DOW/Pharmco Attendees:

Michael Bartels

Sue Marty

Jon Hotchkiss

David Eisenbrandt

Torka Poet

David Barnekow


[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79470-79471]
[FR Doc No: 2016-27289]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC17-26-000.
    Applicants: Bethel Wind Farm LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Waivers and Expedited Action of
Bethel Wind Farm LLC.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5175.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: EC17-27-000.
    Applicants: Kumeyaay Wind LLC, Mendota Hills, LLC.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Request for Expedited Action of Kumeyaay
Wind LLC, et al.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5199.
    Comments Due: 5 p.m. ET 11/25/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER16-1649-006.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2016-11-04 Aliso Canyon Compliance
ICE Effective Date to be effective 10/22/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5148.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER16-1901-001.
    Applicants: Elevation Solar C LLC.
    Description: Compliance filing: Elevation Solar C LLC MBR Tariff to
be effective 6/10/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5137.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER16-2023-002.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2016-11-04 Flexible Ramping Product
Compliance to be effective 11/1/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5153.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER16-2222-003.
    Applicants: Alcoa Power Generating Inc.
    Description: Compliance filing: Long Sault Division Compliance
Filing to be effective 10/1/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5160.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER16-2223-003.
    Applicants: Alcoa Power Generating Inc.
    Description: Compliance filing: Tapoco Division Compliance Filing
to be effective 10/1/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5161.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER16-2719-001.
    Applicants: NextEra Energy Transmission New York, Inc.
    Description: Tariff Amendment: NEET New York, Inc. Amendment to
Filing to Establish Formula Rate to be effective 11/30/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5164.
    Comments Due: 5 p.m. ET 11/9/16.

    Docket Numbers: ER16-2725-001.
    Applicants: PSEG Energy Solutions LLC.
    Description: Tariff Amendment: PSEG Energy Solutions LLC--Seller
Category Clarification to be effective 12/1/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5162.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER17-2-001
    Applicants: Frontier Windpower, LLC.
    Description: Tariff Amendment: Amendment to MBR Application and
Tariff to be effective 10/21/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5147.

    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER17-287-000.
    Applicants: Southern California Edison Company.
    Description: Supplement to November 1, 2016 Southern California
Edison Company tariff filing (Revised Executed Filing Letter, Exhibits
A and B).
    Filed Date: 11/2/16.
    Accession Number: 20161102-5176.
    Comments Due: 5 p.m. ET 11/23/16.

    Docket Numbers: ER17-308-000.
    Applicants: PacifiCorp.
    Description: Tariff Cancellation: Termination of UAMPS E&P
Agreement--Lehi to be effective 1/4/2017.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5141.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER17-309-000.
    Applicants: PacifiCorp.
    Description: Tariff Cancellation: Termination of WAPA Spence &
Thermopolis Agreements to be effective 10/14/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5145.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER17-310-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Attachment AE Revisions--
Clarify TCR Electrically Equivalent Settlement Location to be effective
1/5/2017.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5156.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER17-311-000.
    Applicants: SR South Loving LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Tariff to
be effective 12/5/2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5157.
    Comments Due: 5 p.m. ET 11/25/16.

    Docket Numbers: ER17-312-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to RAA Article 1--
Clean-Up to Definition of Capacity Import Limit to be effective 6/27/
2016.
    Filed Date: 11/4/16.
    Accession Number: 20161104-5163.
    Comments Due: 5 p.m. ET 11/25/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 7, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-27289 Filed 11-10-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72469-72470]
[FR Doc No: 2011-30180]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65781; File No. SR-CBOE-2011-101]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Clarify That CBSX Will Process Only Round-Lot
Orders of HOLDRS

November 17, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 15, 2011, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 52.8 to clarify that CBOE Stock
Exchange (``CBSX''), CBOE's stock trading facility, will only process
round-lot orders \3\ of HOLDRS Trust Issued Receipts (``HOLDRS'') that
trade on CBSX. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission.
---------------------------------------------------------------------------

    \3\ A ``round-lot'' order is an order for a quantity that is a
multiple of 100 (e.g. 100, 400, 1200). An ``odd-lot'' order is an
order for a quantity that is less than 100. A ``mixed-lot'' order is
an order for a quantity that is greater than 100 but not a multiple
of 100 (e.g. 135, 372, 1126).
---------------------------------------------------------------------------

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
    Rule 52.8 states that odd-lot orders (including the odd-lot potion
of a mixed-lot order) are processed in the same manner as are round-lot
orders, except (i) If an incoming odd-lot order trades against a quote
in the CBSX Book, the new quantity remaining in the quote will be
rounded down to the nearest lower round-lot amount (zero or multiple of
100) for display purposes, with the remaining odd-lot amount being
cancelled, or (ii) if an incoming order trades against a limit order
resting on the CBSX Book and an odd-lot amount remains from the limit
order resting on the CBSX Book, that odd-lot amount will remain in the
system eligible for execution but will not be displayed.
    HOLDRS are Trust Issued Receipts that trade on CBSX and represent
an investor's beneficial ownership of a specified group of stocks in
various industries, sectors or groups.\4\ Currently, CBSX processes
odd-lot and mixed-lot orders of HOLDRS in accordance with Rule 52.8, as
described above. However, the prospectuses describing the terms of
HOLDRS provide that investors may only acquire, hold, transfer, and
surrender a round-lot of HOLDRS.\5\ The purpose of the proposed rule
change is to amend Rule 52.8 to state that CBSX will only process
round-lot orders of HOLDRS that trade on CBSX in accordance with the
trading terms of HOLDRS. CBSX will no longer accept odd-lot or mixed-
lot orders of HOLDRS it receives.
---------------------------------------------------------------------------

    \4\ The following is a list of current outstanding HOLDRS:
Biotech (BBH), Broadband (BDH), B2B Internet (BHH), Europe 2001
(EKH), Internet (HHH), Internet Architecture (IAH), Internet
Infrastructure (IIH), Market 2000+ (MKH), Oil Services (OIH),
Pharmaceutical (PPH), Regional Bank (RKH), Retail (RTH),
Semiconductor (SMH), Software (SWH), Telecom (TTH), Utilities (UTH),
and Wireless (WMH).
    \5\ The prospectuses also provide, however, that bid and ask
prices are quoted per single HOLDR.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \6\ in general and furthers the objectives of
Section 6(b)(5) \7\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices and to promote just and
equitable principles of trade, and in general to protect investors and
the public interest. Specifically, the Exchange believes that the
proposed rule change serves to foster investor protection by ensuring
that investors not only are aware of this restriction on transactions
in HOLDRS but also comply with this restriction going forward, as CBSX
will no longer accept transactions that do not.
---------------------------------------------------------------------------

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

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

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

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

    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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder \9\ because
the proposal does not: (i) Significantly affect the protection of
investors or the public interest; (ii) impose any significant burden on
competition; and (iii) by its terms, become operative for 30 days from
the date on which it was filed, or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay period. The Commission believes that such action is
consistent with the protection of investors and the public interest,
because it will enable the Exchange immediately to align its trading
rules with respect to HOLDRS with provisions of the HOLDRS
prospectuses. Therefore, the Commission designates the proposed rule
change to be operative upon filing.\11\
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\12\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-CBOE-2011-101 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2011-101. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such 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-CBOE-2011-101 and should be
submitted on or before December 14, 2011.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30180 Filed 11-22-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Rules and Regulations]
[Pages 40381-40382]
[FR Doc No: 2013-16045]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0163; Airspace Docket No. 13-AWP-2]

Establishment of Class E Airspace; Grand Canyon, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at the Grand Canyon
VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME)
navigation aid, Grand Canyon, AZ, to facilitate vectoring of Instrument
Flight Rules (IFR) aircraft under control of Los Angeles Air Route
Traffic Control Center (ARTCC). This improves the safety and management
of IFR operations within the National Airspace System.

DATES: Effective date, 0901 UTC, October 17, 2013. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On May 1, 2013, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to establish controlled airspace at Grand
Canyon, AZ (78 FR 25404). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6006, of
FAA Order 7400.9W dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E en route domestic airspace extending
upward from 1,200 feet above the surface, at the Grand Canyon VOR/DME
navigation aid, Grand Canyon, AZ, to accommodate IFR aircraft under
control of Los Angeles ARTCC by vectoring aircraft from en route
airspace to terminal areas. This action is necessary for the safety and
management of IFR operations.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act. The FAA's authority to issue rules
regarding aviation safety is found in Title 49 of the U.S. Code.
Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes
controlled airspace at the Grand Canyon VOR/DME, Grand Canyon, AZ.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AWP AZ E6 Grand Canyon, AZ [New]

Grand Canyon VOR/DME, AZ
    (Lat. 35[deg]57'37'' N., long. 112[deg]08'46'' W.)

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 37[deg]32'00'' N., long.
113[deg]08'00'' W.; to lat. 37[deg]30'00'' N., long. 113[deg]01'00''
W.; to lat. 37[deg]30'00'' N., long. 112[deg]04'00'' W.; to lat.
37[deg]25'00'' N., long. 111[deg]53'00'' W.; to lat. 36[deg]25'00''
N., long. 111[deg]31'00'' W.; to lat. 35[deg]26'00'' N., long.
112[deg]00'00'' W.; to lat. 35[deg]23'00'' N., long. 112[deg]40'00''
W.; to lat. 34[deg]55'00'' N., long. 113[deg]38'00'' W.; to lat.
35[deg]01'00'' N., long. 114[deg]13'00'' W.; to lat. 36[deg]02'00''
N., long.

112[deg]58'00'' W.; to lat. 36[deg]02'00'' N., long. 113[deg]44'00''
W.; to lat. 36[deg]23'00'' N., long. 113[deg]46'00'' W.; to lat.
36[deg]42'00'' N., long. 112[deg]56'00'' W.; to lat. 36[deg]57'00''
N., long. 112[deg]52'00'' W.; to lat. 37[deg]15'00'' N., long.
113[deg]12'00'' W.; to lat. 37[deg]26'00'' N., long. 113[deg]12'00''
W., thence to the point of beginning.

    Issued in Seattle, Washington, on June 24, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-16045 Filed 7-3-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Pages 23690-23695]
[FR Doc No: 2022-08412]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No: FAA-2022-0223]

FY 2022 Competitive Funding Opportunity: Airport Improvement
Program Discretionary Grants

AGENCY: Federal Aviation Administration, U.S. Department of
Transportation.

ACTION: Notice of funding opportunity.

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

SUMMARY: The U.S. Department of Transportation's Federal Aviation
Administration (FAA) announces the opportunity to apply for
approximately $1.5 billion in Fiscal Year (FY) 2022 discretionary
grants under the Airport Improvement Program (AIP). FAA will award
these annually appropriated discretionary funds through the FAA's long-
standing iterative, competitive grant process. Prior to the publication
of this Notice of Funding Opportunity (NOFO), the FAA identified
eligible applicants in its National Plan of Integrated Airport Systems
(NPIAS) and compiled potentially eligible projects

through the 3-year Airports Capital Improvement Plan (ACIP). Both of
these processes are described in FAA Order 5090.5, Formulation of NPIAS
and ACIP that authorizes discretionary funds. The AIP funds airport
capital improvements and rehabilitation projects. All discretionary
grant funding is subject to appropriations, statutory requirements, and
related program funding availability.

DATES: Sponsors that wish to be considered for all opportunities for
discretionary funding throughout FY 2022 should submit applications
that meet NOFO requirements as soon as possible, but no later than
Thursday, June 30, 2022, 11:59 Eastern time to FAA Regional or Airport
District offices per instructions in this NOFO. The FAA will consider
all applications properly submitted prior to this NOFO. Discretionary
grant applications should be based on bids.

FOR FURTHER INFORMATION CONTACT: David F. Cushing, Manager, Airports
Financial Assistance Division, APP-500, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Program Description

    Under 49 U.S.C. 47104, the FAA may issue grants for airport
planning and development in the United States. Eligible projects
include those improvements related to enhancing airport safety,
capacity, security, and environmental concerns. In addition, 49 U.S.C.
47101(1) states that it is the policy of the United States that the
safe operation of the airport and airways system is the highest
aviation priority, and 49 U.S.C. 47101(7) states that airport
construction and improvement projects that increase the capacity of
facilities to accommodate passenger and cargo traffic be undertaken to
the maximum feasible extent so that safety and efficiency increase and
delays decrease. The FAA's safety mission is incorporated into many
aspects of the AIP program including, for example: Justification
requirements for safety and security projects, allowance for certain
Safety Management System (SMS) and Safety Risk Management (SRM) costs,
and allowance for safety and security equipment projects. Within
discretionary funding, safety is incorporated as a scoring factor in
the quantitative formula, which is the National Priority Rating (NPR)
discussed below.
    The AIP provides grants to public agencies--and, in some cases, to
private owners and entities--for the planning and development of
public-use airports that are included in the NPIAS. The AIP was
authorized by the Airport and Airway Improvement Act of 1982 (Pub. L.
97-248), which Congress recodified in 1994 as 49 U.S.C. 47101, et seq.
(Pub. L. 103-272). The AIP statutes have been amended several times,
most recently with the passage of the FAA Reauthorization Act of 2018
(Pub. L. 115-254) and subsequent legislation.
    The AIP Assistance Listing is 20.106, with the objective to assist
sponsors, owners, or operators of public-use airports in the
development of a nationwide system of airports sufficient to meet the
needs of civil aeronautics. This includes preserving existing airport
infrastructure in a safe and functional operational condition; bringing
airport facilities into conformity with current federal safety
standards; constructing, modifying, or expanding facilities as
necessary to meet demonstrated aeronautical demand; enhancing
environmental sustainability; and providing a balanced system of
airports to meet the roles and functions necessary to support civil
aeronautical demand.
    The FY 2022 AIP will be implemented, as appropriate and consistent
with AIP statutory criteria and Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86 FR 7619). In addition to
promoting safety, FAA seeks to fund projects that reduce greenhouse gas
emissions and are designed with specific elements to address climate
change impacts. Specifically, the FAA is looking to award projects that
align with the President's greenhouse gas reduction goals, promote
energy efficiency, support fiscally responsible land use and efficient
transportation design, support airport development compatible with the
use of sustainable aviation fuels and technologies, increase climate
resilience, incorporate sustainable pavement and construction materials
as allowable, reduce pollution, and direct the benefits of these
investments equitably. Specifically for AIP, the FAA encourages
applicants to consider how a proposed project directs benefits of
investments in Voluntary Airport Low Emission (VALE) and Zero Emissions
Vehicle (ZEV) programs to disadvantaged communities and ensures
meaningful public engagement, under Executive Order 14008, section 223,
recognizing that these limited programs direct vehicles for primarily
on-airport uses.
    In support of Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009), the FAA encourages applicants to consider how the project
will address the challenges faced by individuals and underserved
communities in rural areas.
    All recipients of federal funding are subject to Title VI of the
Civil Rights Act of 1964, and accompanying regulations; the Americans
with Disabilities Act; Section 504 of the Rehabilitation Act of 1973;
and the associated terms and conditions of any new grant agreements
pursuant to this NOFO as well as prior agreements for AIP grants
executed by grantees. See also 28 CFR 50.3 (U.S. Department of Justice
Guidelines for Enforcement of Title VI of the Civil Rights Act of
1964); and 49 CFR part 28 (entitled Enforcement of Nondiscrimination On
The Basis Of Handicap in Programs or Activities Conducted by the
Department of Transportation). In certain circumstances, failure to
ensure that Limited English Proficiency (LEP) persons can effectively
participate in or benefit from federally assisted programs and
activities may violate the prohibition under Title VI of the Civil
Rights Act of 1964, 42 U.S.C. 2000d, and Title VI regulations against
national origin discrimination.
    Due to the agency's implementation of the AIP statutory process for
determining discretionary funding awards, the FAA did not previously
issue NOFOs for competitive grants. This is the first fiscal year the
FAA is issuing a NOFO for this well-established capital infrastructure
program.

B. Federal Award Information

    On average, for the last ten years, $3.35 billion has been
appropriated annually for AIP. AIP grants include both apportioned (or
entitlement) and discretionary (or competitive) funds. Apportioned
funds are allocated in accordance with 49 U.S.C. 47114, based on an
airport's size and level of activity. Discretionary funds are made
available in accordance with 49 U.S.C. 47115 and 49 U.S.C. 47117.
    Public Law 115-254, titled ``FAA Reauthorization Act of 2018,''
authorizes $3.35 billion in funding authority for the AIP to administer
grants for airport planning, development, and noise compatibility
planning and programs each fiscal year from October 1, 2018, through
September 30, 2023.
    This NOFO is being issued under the Consolidated Appropriations
Act, 2022 (Pub. L. 117-103). Funding beyond the current available
program amount, is subject to appropriations and the availability of
future funds.
    In FY 2021, 404 discretionary grants were issued, totaling
approximately $1.5 billion. The discretionary grants ranged in amount
from $25,000 to $37,000,000.

The average AIP discretionary grant was $4,000,000. In FY 2022, the FAA
anticipates awarding discretionary grants beginning in April 2022 with
an individual grant 4-year period of performance.
    The AIP is an annual program, and AIP projects are funded based on
a planning process described in Order 5090.5, Formulation of NPIAS and
ACIP. In this process, the FAA works with potential award recipients on
eligible and justified development needs.
    The FAA uses the NPIAS to identify airports that have a role in the
National Airspace System (NAS) and all potential airport development
projects that are eligible for AIP funding at those airports. The FAA
formulates a 3-year ACIP to guide the assignment of AIP funding to
projects based on airport development needs identified in the NPIAS.
The 3-year ACIP, as a subset of the NPIAS, is an annual process for
reviewing the NPIAS for development project needs. From this ACIP the
FAA identifies candidates that are ready to accept a grant, including
those that may apply for discretionary funding. Discretionary funding
includes 5 types of set-aside funding categories, further described in
Section D. 5. The process begins with each eligible airport operator
submitting its individual airport capital improvement plan, and follows
with the formulation of the NPIAS Report, the National ACIP, and the
Discretionary Candidate List (DCL). The DCL accounts for all AIP
projects competing for discretionary funding for the first year of the
3-year ACIP. The DCL is prioritized based on quantitative and
qualitative criteria, which are discussed in greater detail in NOFO
section E. 1. and E. 2.

C. Eligibility Information

1. Eligible Applicants

    Eligible applicants are public agencies owning a public-use NPIAS
airport; private entities owning a public-use NPIAS airport; States
acting as a sponsor for one or more specific NPIAS airports in the
State; Indian tribes or pueblos owning or leasing a public-use NPIAS
airport; the Secretary of the Interior for Midway Island Airport; the
Republic of the Marshall Islands; the Federated States of Micronesia;
and the Republic of Palau, and other applicants as outlined in Table 2-
1 of Order 5100.38, Airport Improvement Program Handbook ``AIP
Handbook'' available at: https://www.faa.gov/airports/aip/aip_handbook/.

2. Cost Sharing or Matching

    AIP grants generally have Federal shares ranging from 70 percent to
95 percent. The Federal share percentage is based on the airport size
and type of project per statute. Federal share by airport and project
type can be found in Chapter 4 of the AIP handbook.

3. Project Eligibility

    Discretionary funds are made available in accordance with 49 U.S.C.
47115, 49 U.S.C. 47117, and 49 U.S.C. 47120 to fund needs that exceed
an airport's available apportioned funds. Apportioned funds are
allocated in accordance with 49 U.S.C. 47114 and must be used on an
airport's highest priority project(s). Discretionary funding is
determined after entitlement funding has been determined. However, the
FAA reviews both discretionary grants and entitlement grants for
eligibility and justification per the statutory ACIP process as
described below.
    All projects funded with AIP must be justified and eligible under
49 U.S.C. 48103, as further outlined in Chapter 3 of the AIP Handbook.
Eligible projects include those improvements related to enhancing
airport safety, capacity, security, and environmental sustainability as
well as evidence showing compliance with federal civil rights laws. In
general, sponsors can receive AIP funds for most airfield capital
improvements or rehabilitation projects and, in some specific
situations, for terminals, hangars, and nonaviation development.
Certain professional services that are necessary for eligible projects
(such as planning, surveying, and design) may also be eligible. The FAA
must be able to determine a proposed project is justified based on
civil aeronautical demand. The projects must also meet Federal
environmental, Buy American, and 2 CFR part 200 procurement
requirements.
    The discretionary planning process is a subset of the ACIP
formulation process. Funds are assigned to projects in the ACIP based
on project priority, funding types, and project type. Assignment of
funds in the ACIP does not guarantee funding. Funding levels may vary
based on annual appropriations. Discretionary projects in the ACIP are
evaluated for priority and readiness in accordance with the AIP
Handbook. Inclusion of a project in the national ACIP does not
constitute a commitment of Federal funding. For a project to be funded
under AIP, it must meet the prerequisites for funding, as found in the
AIP Handbook ``Table 3-1--The General Requirements for Project
Funding.'' These prerequisites include, but are not limited to, the
project being included in the airport's approved layout plan, an
environmental determination, all necessary airspace studies, title to
land, the satisfaction of intergovernmental review and airport user
consultation requirements, and reasonable project readiness. For the
complete list, refer to the Handbook Table 3-1, available at https://www.faa.gov/airports/aip/aip_handbook/?Chapter=3#S0301. The release of
funds for each individual grant project is contingent upon grant
recipients meeting all of these prerequisite milestones.

D. Application and Submission Information

1. Address To Request Application Package

    All inquiries should be directed to the appropriate Regional Office
(RO) or Airport District Office (ADO). RO/ADO contact information is
below. https://www.faa.gov/airports/regions/.
    Application forms are at: https://www.faa.gov/airports/resources/forms/.

2. Content and Form of Application Submission.

    For content and application information, reference Standard
Operating Procedure for FAA Review and Approval of an Airport
Improvement Program (AIP) Grant Application. https://www.faa.gov/airports/resources/sops/media/arp-sop-600-grant-application.pdf.
    The final grant application funding requests should be based on
bids or firm costs, not estimates. In addition, in FY 2022, the FAA
will consider eligible and justified projects per statute 49 U.S.C.
47103, 47104, 47106, 47107, 47108, and 47109 that further the
Administration's goals of safety, environmental stewardship, including
climate change and sustainability, equity, creation of good jobs and
infrastructure investment aligning with Executive Orders identified in
this NOFO. Applications should briefly describe how the proposed
project meets at least one of these goals. The Administration's Goals
are identified for each discretionary project based on the following
definitions.
    Equity--Projects that advance equity for all, including people of
color and others who have been historically underserved, marginalized,
and adversely affected by persistent poverty and inequality. Examples
are projects in Economically Distressed Areas (EDA), projects to meet
ADA requirements, and projects in Tribal communities. The statutory
criteria used for EDA impacted

communities is explained at the Economically Distressed Areas (EAS/EDA
Determinations) Special Rule web page. This definition also applies to
statutory requirements under 49 U.S.C. 47102(3)(f) Airport Development
and 47123 Non discrimination. In addition, FAA must assess that all
grantees are compliant with Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act, and other federal civil rights
statutes.
    Environmental Stewardship--Projects that promote an equitable,
clean energy future as well as standards that protect our air, water,
and communities. Examples are any environmental improvements, noise
projects, VALE/ZEV, deicing containment, and drainage improvements.
    Job Creation--Projects that create good jobs in the community and
support good paying construction jobs. Examples are projects to expand
cargo or manufacturing operations, fuel farms, hangars and terminals.
    Infrastructure Investment--Capital airport development projects,
including projects that repair, renew, and upgrade the airports'
infrastructure. ``Airport development'' is defined in 49 U.S.C.
47102(3) and includes a list of activities if those activities are
undertaken by the sponsor, owner, or operator of a public-use airport.
    As stated, safety enhancements and the preservation of a safe
environment is an element of nearly every AIP project.

3. Unique Entity Identifier and System for Award Management (SAM)

    Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must provide a unique
entity identifier provided by SAM. Additional information about
obtaining a Unique Entity Identifier (UEI) and registration procedures
may be found at the SAM website (currently at http://www.sam.gov). Each
applicant is required to: (1) Be registered in SAM before submitting an
application; (2) provide a valid UEI in its application; and (3)
continue to maintain an active SAM registration with current
information at all times during which the applicant has an active
Federal award or an application or plan under consideration by the FAA.
Under the AIP, the UEI and SAM account must belong to the entity that
has the legal authority to apply for, receive, and execute AIP grants.
    Once awarded, the FAA grant recipient must maintain the currency of
its information in the SAM until the grant recipient submits the final
financial report required under the grant or receives the final
payment, whichever is later. A grant recipient must review and update
the information at least annually after the initial registration and
more frequently if required by changes in information or another award
term.
    The FAA may not make an award until the applicant has complied with
all applicable UEI and SAM requirements. If an applicant has not fully
complied with the requirements by the time the FAA is ready to make an
award, the FAA may determine that the applicant is not qualified to
receive an award and use that determination as a basis for making a
Federal award to another applicant.
    Non-Federal entities that have received a Federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS) www.fapiis.gov) to ensure
registration information is current and comply with Federal
requirements. Applicants should refer to 2 CFR 200.113 for more
information about this requirement.

4. Submission Dates and Times

    Sponsors that wish to be considered for AIP discretionary funding
throughout FY 2022 should submit applications that meet these NOFO
requirements as soon as possible to FAA Regional or Airport District
offices. All applications submitted prior to this NOFO will be
considered if they meet all existing law, federal regulations, NOFO
requirements, and FAA policy.
    The FAA will consider applications on a rolling basis, and the
final deadline to submit discretionary grant applications is Thursday,
June 30, 2022, 11:59 Eastern time. Dates are subject to possible
adjustment based on future legislation. Under 49 U.S.C. 47115, the
Secretary of Transportation, through the FAA, will consider projects
that are the most appropriate to carry out the statute at any time
prior to September 30, 2022.
    Information about entitlement funds can be found at 86 FR 72304,
published on December 21, 2021.

5. Funding Restrictions

    Under 49 U.S.C. 47115 and 47116, projects must meet airport and
project eligibility and justification criteria. Eligibility is derived
from statute and may include projects to enhance airport safety,
capacity, security, and environmental concerns. In general, sponsors
may receive AIP funds for most airfield capital improvements and in
specific situations, for terminals, hangars, equipment, and non-
aeronautical development. Projects related to airport operations are
not eligible for funding. Operational costs--such as salaries,
equipment, and supplies--are not eligible for AIP grants.
    Furthermore, Chapter 4 of the AIP Handbook describes the funding
restrictions by airport type (Table 4-4) and project restrictions by
fund type (Table 4-5). Discretionary funding is broken down into 5
categories: 1. Environmental Set-Aside, which includes Noise
Compatibility and Implementation Programs, the VALE Program, and ZEV
Program; 2. Reliever Set Aside; 3. Military Airport Program (MAP) Set-
Aside; 4. Capacity/Safety/Security/Noise (C/S/S/N); and 5. Pure
Discretionary. Each of these fund types has certain public use NPIAS
airport categories that can use this funding, as described in Table 4-4
of the AIP Handbook, for example, C/S/S/N funding is only available to
primary and reliever airports. Each of the discretionary fund types
also has certain project restrictions by fund type, as outlined in
Table 4-5 of the AIP Handbook, for example, Reliever Set Aside funding
may not be used for terminal buildings.
    The AIP has funding restrictions by airport and/or project type.
Please see below criteria and refer to AIP Handbook, Chapter 3 and 4,
for further details on eligibility criteria and funding restrictions
available at: https://www.faa.gov/airports/aip/aip_handbook/. The AIP
Handbook is the published policy for AIP. Except where options are
specifically noted or where non-mandatory language is used, the
procedures and requirements are mandatory. The general requirements for
project funding include considerations of: Project eligibility; project
justification; good title of airport property; an FAA approved airport
layout plan; a complete intergovernmental review; airport-user
consultations; complete required environmental reviews; a determination
that the grant will yield a usable unit of work; certification that the
project specification will meet FAA standards; applicable cost
justifications; and a work plan to complete the project without
unreasonable delay.

6. Other Submission Requirements

    Contact RO/ADO for the submission process. RO/ADO contact
information is below. https://www.faa.gov/airports/regions/.

E. Application Review Information

1. Criteria

    The Secretary of Transportation will evaluate and administer AIP
applications consistent with the statutory criteria as described in 49
U.S.C. 47115. Under 49 U.S.C. 47115(d), capacity enhancement projects
have additional considerations, including a project's impact on
national transportation system capacity, airport capacity, and global
air cargo activity. For all projects, 49 U.S.C. 47115(d)(2) states that
in selecting a project for a grant under that section, the Secretary
shall consider among other factors whether funding has been provided
for all other projects qualifying for funding during the fiscal year
under this chapter that have attained a higher score under the
numerical priority system employed by the Secretary in administering
the fund; and the sponsor will be able to commence the work identified
in the project application in the fiscal year in which the grant is
made or within 6 months after the grant is made, whichever is later.
The ACIP emphasizes using AIP funding on the highest priority projects
as required by statute. The numerical priority system is described in
section E.2. of this NOFO.
    Annual submission from a sponsor of its 5-year Capital Improvement
Program (CIP) to the FAA typically initiates the review process. In
order for the FAA to include a project in the ACIP, the project must be
eligible and justified.
    Selection criteria include project eligibility, justification,
readiness, and the availability of funds. For a project to be funded
through the AIP, certain prerequisites must be completed. These
prerequisites are: The project is included in the airport's approved
layout plan, an environmental determination, and all necessary airspace
studies. Prerequisites must be met in order for grant funding to be
released.

2. Review and Selection Process

    The FAA's review of submitted projects takes place during the
formulation of the ACIP. Through the annual ACIP process, the FAA
systematically identifies, plans, and prioritizes airport planning and
development projects for AIP funding to produce a three-year funding
plan. The ACIP is a needs-based and financially-constrained plan for
funding development over a rolling three-year period. The National
Priority System (NPS) equation is used to calculate the National
Priority Rating (NPR), a quantitative measure used for ranking project
importance. The NPR is calculated using the NPS equation, which
considers the type of airport, the purpose of the project, the
component of the project, and the type of action. The resulting score,
between 1 and 100, is known as the national priority rating (NPR). The
NPR score prioritizes airport development projects according to FAA
goals and objectives, with higher numerical scores indicating the
project is more aligned with FAA goals and objectives. The maximum
value of the NPS equation is 100. NPIAS-ACIP Order Section 5.7.3 and
NPIAS-ACIP Order Appendix B provide a detailed explanation of the NPS
Equation, which is available at https://www.faa.gov/airports/planning_capacity/npias_acip_order/.
    In the administration of the AIP, the FAA gives the highest
priority to projects that enhance safety and security at airports.
Other major objectives are achieved by awarding AIP funds to projects
that maintain existing airport infrastructure and increase or maintain
the capacity of existing facilities to accommodate increasing passenger
and cargo demand.
    DCL projects are prioritized based on the NPR. The NPR emphasizes
using AIP funding on the highest priority projects as required by
statute. However, the NPR is always the only factor for determining a
project's priority. For this reason, the ACIP process considers other
qualitative factors to supplement the NPR score in determining
priorities. Qualitative factors are assessed through project
justifications and priority project identification. FAA goals
considered in project justifications include Safety or Security, System
Capacity, Environment, and Access. Qualitative factors do not impact
the NPR for a given project but are taken into account in funding
decisions.
    This program also supports the President's goals to mobilize
American ingenuity to build modern infrastructure and an equitable,
clean energy future while supporting the creation of good jobs. The FAA
will consider discretionary grants that advance the goals of the
President's Executive Order 13985, ``Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government'';
the President's Executive Order 13988, ``Preventing and Combating
Discrimination on the Basis of Gender Identity or Sexual Orientation'';
the President's Executive Order 14008, ``Tackling the Climate Crisis at
Home and Abroad''; and the President's Executive Order 14025, ``Worker
Organizing and Empowerment.'' The FAA will consider the extent to which
the project incorporates considerations of climate change and
sustainability, to the extent possible within the program. FAA will
consider the extent to which the project proactively addresses racial
equity and barriers to opportunity, to the extent possible within the
program.
    In addition to the Administration's priority of promoting building
infrastructure with American workers detailed in the President's
Executive Order 14005, ``Ensuring the Future is Made in all of America
by All of America's Workers,'' every AIP grant recipient must comply
with the requirements under the Build America, Buy America Act (Pub. L.
117-58).
    Also, in addition to this program supporting the President's
Executive Order 13166, ``Improving Access to Services for Persons with
Limited English Proficiency,'' all recipients of federal funding are
subject to Title VI of the Civil Rights Act of 1964, which includes the
requirement that, in certain circumstances, grant recipients ensure
that persons with LEP can effectively participate in or benefit from
federally assisted programs and activities, such as those arising from
an AIP grant pursuant to this NOFO, and the terms of any AIP grant
agreement.

3. Integrity and Performance Check

    Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, the FAA is
required to review and consider any information about the applicant
that is in the designated integrity and performance system accessible
through SAM (currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at
its option, may review information in the designated integrity and
performance systems accessible through SAM and comment on any
information about itself that a Federal awarding agency previously
entered and is currently in the designated integrity and performance
system accessible through SAM. The FAA will consider any comments by
the applicant, in addition to the other information in the designated
integrity and performance system, in making a judgment about the
applicant's integrity, business ethics, and record of performance under
Federal awards when completing the review of risk posed by applicants
as described in 2 CFR 200.206.

F. Federal Award Administration Information

1. Federal Award Notices

    AIP awards are announced through Congressional notification, and
the FAA RO/ADO representative will contact the sponsor with further
information and

instructions. Once all pre-grant actions are complete, the FAA RO/ADO
will offer the sponsor a grant for the announced project. This offer
may be provided through postal mail or by electronic means, and it
includes an offer letter and a grant agreement. Once the sponsor
accepts the offer and has fully executed the grant agreement, that
agreement becomes the legally binding grant award document. Awards made
under this program are subject to conditions and assurances in the
grant agreement. In FY 2022, the FAA will announce awards several times
throughout the fiscal year, but no later than September 30, 2022. These
announcements can include entitlement and discretionary awards.

2. Administrative Requirements

i. Pre-Award Authority
    Under 49 U.S.C. 47110(b)(2), all project costs must be incurred
after the grant execution date unless specifically permitted under the
AIP statutes. Table 3-60 of the AIP Handbook lists the rules regarding
when project costs can be incurred in relation to the grant execution
date, the type of funding, and the type of project. Certain airport
development costs incurred before execution of the grant agreement are
allowable, but only if certain conditions under 49 U.S.C.
47110(b)(2)(D) and Table 3-60 of the AIP Handbook are met.
Specifically, all allowable costs using passenger, cargo, and
nonprimary entitlement (formula) funding after 9/30/1996 may be
reimbursed regardless of whether they were incurred before the grant
was executed as long as all other applicable AIP requirements have been
met. In addition, allowable costs using any or all the following
discretionary, state apportionment (including insular) and Alaska
supplemental funding project costs must have been incurred after the
grant execution date. The only exceptions are based on statute and are
relating to the Part 150 Noise Mitigation program, project formulation
for development and planning projects, land acquisition, letters of
intent, and design-build projects, Military Airport Program and
climate-related conditions.
ii. Planning
    The FAA encourages applicants to review and understand the long-
term planning process in the lifecycle of an AIP grant. The planning
process for a particular project begins several years before a fiscal
year in which a grant is awarded. FAA Order 5090.5 establishes
guidelines for the two Federal plans essential to airport development:
The National Plan of Integrated Airport Systems (NPIAS) and the
Airports Capital Improvement Plan (ACIP) is available at https://www.faa.gov/airports/planning_capacity/npias_acip_order/.
iii. Grant Requirements
    All grant recipients are subject to the grant requirements of the
AIP, which includes requirements of 49 U.S.C. Chapter 471. Grant
recipients are subject to requirements in the FAA's Agreement for AIP
for financial assistance awards, the annual Certifications and
Assurances required of applicants, and any additional applicable
statutory or regulatory requirements, including nondiscrimination
requirements, 2 CFR part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. Grant
requirements include, but are not limited to, approved project on an
airport layout plan, compliance with federal civil rights laws, Buy
American requirements under 49 U.S.C. 50101, Build America, Buy America
Act requirements under Public Law 117-58, Transportation Disadvantaged
Business Enterprise (DBE) program regulations for Airports (49 CFR part
23 and 49 CFR part 26), and Davis-Bacon Act, as amended (40 U.S.C.
276a--276a-5).
iv. Standard Assurances
    Applicants must assure that it will comply with all applicable
Federal statutes, regulations, executive orders, directives, FAA
circulars, and other Federal administrative requirements in carrying
out any project supported by the AIP grant. Applicants must acknowledge
that they are under a continuing obligation to comply with the terms
and conditions of the grant agreement issued for its project with the
FAA. Applicants understand that Federal laws, regulations, policies,
and administrative practices might be modified from time to time and
may affect the implementation of the project. Applicants must agree
that the most recent Federal requirements will apply to the project
unless the FAA issues a written determination otherwise.
    Applicants must submit the Certifications and Assurances before
receiving a grant, including sponsor grant assurances and 2 CFR part
200. The Airport Sponsor Assurances are available on the FAA website
at: https://www.faa.gov/airports/aip/grant_assurances/.

3. Reporting

    The grant recipient is subject to financial reporting per 2 CFR
200.328 and performance reporting per 2 CFR 200.329. Under the AIP, the
grant recipient is required to comply with all Federal financial
reporting requirements and payment requirements, including the
submittal of timely and accurate reports. Financial and performance
reporting requirements are available in the FAA October 2020 Financial
Reporting Policy, which is available at https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf.
    The grant recipient must comply with annual audit reporting
requirements. The grant recipient and sub-recipients, if applicable,
must comply with 2 CFR part 200 subpart F Audit reporting requirements.
The grant recipient must comply with any reporting requirements
outlined in 2 CFR part 180, OMB Guidelines to Agencies on Government-
wide Debarment and Suspension.

G. Federal Awarding Agency Contact(s)

    Please contact your local Regional Office or District Office.
Contact information is available at https://www.faa.gov/airports/regions/.

    Issued in Washington, DC, on April 14, 2022.
Robert John Craven,
Director, Office of Airport Planning and Programming.
[FR Doc. 2022-08412 Filed 4-19-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Notices]
[Page 27802]
[FR Doc No: E9-13716]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0572]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Implementation of the
Animal Generic Drug User Fee Act of 2008; User Fee Cover Sheet Form FDA
3728

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

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

DATES: Fax written comments on the collection of information by July
13, 2009.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0632.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley Jr., Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Implementation of the Animal Generic Drug User Fee Act of 2008; User
Fee Cover Sheet Form FDA 3728--21 U.S.C. 379j-21 (OMB Control Number
0910-0632)--Extension

    This collection of information is currently approved under the
emergency processing provisions of the PRA for 180 days. FDA is now
seeking a 3-year clearance.
    Section 741 of the act (21 U.S.C. 379j-21), establishes three
different kinds of user fees: (1) Fees for certain types of abbreviated
applications for generic new animal drugs, (2) annual fees for certain
generic new animal drug products, and (3) annual fees for certain
sponsors of abbreviated applications for generic new animal drugs and/
or investigational submissions for generic new animal drugs. Because
the submission of user fees concurrently with applications is required,
the review of an application cannot begin until the fee is submitted.
Form FDA 3728, the Animal Generic Drug User Fee Cover Sheet, is
designed to provide the minimum necessary information in order to do
the following: (1) Determine whether a fee is required for review of an
application, (2) determine the amount of fee required, and (3) account
for and track user fees.
    In the Federal Register of March 11, 2009 (74 FR 10596), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Annual Frequency per
        21 U.S.C. 379j-21             No. of Respondents            Response          Total Annual Responses     Hours per Response       Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form FDA 3728                                           20                        2                       40                      .08                3.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Respondents to this collection of information are generic animal
drug applicants. Based on FDA's database system, there are an estimated
20 sponsors of new animal drugs potentially subject to the Animal
Generic Drug User Fee Act of 2008.

    Dated: June 3, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-13716 Filed 6-10-09; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Page 34884]
[FR Doc No: 2019-15378]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR19-67-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Tariff filing per 284.123(b),(e)/: COH Rates effective
July 1, 2019 to be effective 7/1/2019 under PR19-67.
    Filed Date: 7/11/19.
    Accession Number:<PHONE_NUMBER>46.
    Comments/Protests Due: 5 p.m. ET 8/1/19.

    Docket Numbers: RP19-1382-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20190711 Negotiated Rate to be
effective 7/12/2019.
    Filed Date: 7/11/19.
    Accession Number: 20190711-5109.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: RP19-1383-000.
    Applicants: Dominion Energy Transmission, Inc.
    Description: Sec.  4(d) Rate Filing: DETI--July 11, 2019 Negotiated
Rate Agreements to be effective 7/12/2019.
    Filed Date: 7/11/19.
    Accession Number: 20190711-5133.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: RP19-1384-000.
    Applicants: Southwest Energy, L.P.
    Description: Joint Petition for Temporary Waiver of Commission
Policies, Capacity Release Regulations and Policies of Southwest
Energy, L.P., et al. under RP19-1384.
    Filed Date: 7/11/19.
    Accession Number: 20190711-5151.
    Comments Due: 5 p.m. ET 7/23/19.

    Docket Numbers: RP19-846-001.
    Applicants: Black Hills Shoshone Pipeline, LLC.
    Description: Request for Extension of Time to Implement NAESB 3.1
Standards Per Order No. 587-Y of Black Hills Shoshone Pipeline LLC
under RP19-846.
    Filed Date: 7/11/19.
    Accession Number: 20190711-5158.
    Comments Due: 5 p.m. ET 7/19/19.

    Docket Numbers: RP19-1291-002.
    Applicants: Paiute Pipeline Company.
    Description: Compliance filing Compliance Filing--RP19-1291 to be
effective 7/1/2019.
    Filed Date: 7/12/19.
    Accession Number: 20190712-5146.
    Comments Due: 5 p.m. ET 7/24/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 15, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-15378 Filed 7-18-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68269-68272]
[FR Doc No: 2019-26845]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87698; File No. SR-DTC-2019-008]

Self-Regulatory Organizations; The Depository Trust Company;
Order Approving a Proposed Rule Change To Require Confirmation of
Cybersecurity Program

December 9, 2019.

I. Introduction

    On October 15, 2019, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ proposed rule change SR-DTC-2019-008.
The proposed rule change was published for comment in the Federal
Register on October 30, 2019.\3\ The Commission did not receive any
comment letters on the proposed rule change. For the reasons discussed

below, the Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 87393 (October 24,
2019), 84 FR 58189 (October 30, 2019) (SR-DTC-2019-008)
(``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    DTC proposes to modify the Rules, By-Laws and Organization
Certificate of DTC (``Rules'') \4\ in order to (1) define the term
``Cybersecurity Confirmation'' as a written representation that
addresses a submitting entity's cybersecurity program (described more
fully below); and (2) require DTC's Participants, Pledgees, and
applicants for membership as a Participant or Pledgee (``Applicants'')
to submit to DTC a Cybersecurity Confirmation (both as part of an
initial application for membership and on an ongoing basis for
Participants and Pledgees, at least every two years).
---------------------------------------------------------------------------

    \4\ Capitalized terms not defined herein are defined in the
Rules, available at http://www.dtcc.com/legal/rules-and-procedures.
---------------------------------------------------------------------------

A. Background

    DTC serves as the central securities depository for substantially
all corporate and municipal debt and equity securities available for
trading in the United States.\5\ DTC provides depository services and
asset servicing for a wide range of security types such as money market
instruments, equities, warrants, rights, corporate debt and notes,
municipal bonds, government securities, asset-backed securities, and
collateralized mortgage obligations.\6\ DTC's custodial services
include the safekeeping, record keeping, book entry transfer, and
pledge of securities among its Participants and Pledgees.\7\ DTC also
provides services to securities issuers, such as maintaining current
ownership records and distributing payments to shareholders.\8\ In
light of DTC's critical role in the marketplace, DTC was designated a
Systemically Important Financial Market Utility (``SIFMU'') under Title
VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act
of 2010.\9\ Due to DTC's unique position in the marketplace, a failure
or a disruption to DTC could, among other things, increase the risk of
significant liquidity problems spreading among financial institutions
or markets, and thereby threaten the stability of the financial system
in the United States.\10\
---------------------------------------------------------------------------

    \5\ See Financial Stability Oversight Counsel 2012 Annual
Report, Appendix A (``FSOC 2012 Report''), available at http://www.treasury.gov/initiatives/fsoc/Documents/2012%20Annual%20Report.pdf.
    \6\ Id.
    \7\ Id.
    \8\ Id.
    \9\ 12 U.S.C. 5465(e)(1). See FSOC 2012 Report, supra note 5.
    \10\ See FSOC 2012 Report, supra note 5.
---------------------------------------------------------------------------

    DTC's Participants and Pledgees connect to DTC, either through the
Securely Managed and Reliable Technology (``SMART'') network or through
other electronic means, such as a third party service provider, service
bureau, network, or the internet. The SMART network is a technology
managed by DTC's parent company, The Depository Trust & Clearing
Corporation (``DTCC''), that connects a nationwide complex of networks,
processing centers, and control facilities. Currently, DTC does not
require its Participants, Pledgees, or Applicants to represent that
they maintain a cybersecurity program as a condition for connecting to
DTC via the SMART network or other means.
    DTC states that many of its Participants, Pledgees, and Applicants
may currently be subject to regulations that are designed, in part, to
protect against cyberattacks.\11\
---------------------------------------------------------------------------

    \11\ For example, depending on the type of entity, DTC states
that its members may be subject to one or more of the following
regulations: (1) Regulation S-ID, which requires ``financial
institutions'' or ``creditors'' under the rule to adopt programs to
identify and address the risk of identity theft of individuals (17
CFR 248.201-202); (2) Regulation S-P, which requires broker-dealers,
investment companies, and investment advisers to adopt written
policies and procedures that address administrative, technical, and
physical safeguards for the protection of customer records and
information (17 CFR 248.1-30); and (3) Rule 15c3-5 under the Act,
known as the ``Market Access Rule,'' which requires broker-dealers
to establish, document, and maintain a system for regularly
reviewing the effectiveness of its management controls and
supervisory procedures (17 CFR 240.15c3-5). Notice, supra note 3, at
58190.
---------------------------------------------------------------------------

    Accordingly, such entities would currently be required to follow
standards established by national or international organizations
focused on information security management, and they would currently
maintain protocols for their senior management to verify the existence
of cybersecurity programs sufficient to meet regulatory obligations.
DTC further believes that some of its Participants, Pledgees, and
Applicants might also currently follow protocols substantially similar
to the regulations referred to earlier in this paragraph in order to
meet the evolving cybersecurity expectations of regulators and/or their
own institutional customers.\12\
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

    Although DTC believes that its Participants, Pledgees, and
Applicants may currently maintain robust cybersecurity programs, DTC
seeks to better ensure the protection of its network by requiring its
Participants, Pledgees, and Applicants to confirm that they are meeting
certain cybersecurity standards in order to connect to DTC via the
SMART network or other means. Therefore, DTC proposes to require all
Participants, Pledgees, and Applicants to submit a written
Cybersecurity Confirmation that includes specific representations
regarding the submitting entity's cybersecurity program and framework.
DTC states that the information contained in the Cybersecurity
Confirmation would help DTC to better understand the cybersecurity
programs and frameworks of entities seeking to connect to DTC, and
thereby identify possible cyber risk exposures.\13\ As a result, DTC
would be better able to establish appropriate controls to mitigate such
risks and their possible impacts on DTC's operations.
---------------------------------------------------------------------------

    \13\ Id.
---------------------------------------------------------------------------

B. Proposed Changes

    DTC proposes to modify its Rules to: (1) Provide a detailed
definition of the Cybersecurity Confirmation; and (2) require DTC's
Participants, Pledgees, and Applicants to submit to DTC a Cybersecurity
Confirmation (both as part of an initial application for membership,
and on an ongoing basis for members, at least every two years). Each of
these proposed rule changes is described in greater detail below.
1. Cybersecurity Confirmation
    DTC proposes to define the term ``Cybersecurity Confirmation'' to
mean a written form, in a format provided by DTC and signed by the
submitting entity's designated senior executive with the authority to
attest to the cybersecurity matters contained in the form.\14\ The form
would contain specific representations regarding the submitting
entity's cybersecurity program and framework. Such representations
would cover the two years prior to the date of the most recently
provided Cybersecurity Confirmation. The Cybersecurity Confirmation
would include the following representations:
---------------------------------------------------------------------------

    \14\ Notice, supra note 3, at 58191. See also DTC Cybersecurity
Confirmation Form, submitted as Exhibit 3 to SR-DTC-2019-008,
available at https://www.sec.gov/rules/sro/dtc/2019/34-87393-ex3.pdf.
---------------------------------------------------------------------------

     The submitting entity has defined and maintains a
comprehensive cybersecurity program and framework that considers
potential cyber threats that impact the submitting entity's
organization, and protects the confidentiality, integrity, and
availability requirements of its systems and information.
     The submitting entity has implemented and maintains a
written enterprise cybersecurity policy or policies approved by the
submitting entity's senior management or board of directors, and the
submitting entity's

cybersecurity framework is in alignment with standard industry best
practices and guidelines.\15\
---------------------------------------------------------------------------

    \15\ Examples of recognized frameworks, guidelines and standards
that DTC believes are adequate include the Financial Services Sector
Coordinating Council Cybersecurity Profile, the National Institute
of Standards and Technology Cybersecurity Framework (``NIST CSF''),
International Organization for Standardization (``ISO'') standard
27001/27002 (``ISO 27001''), Federal Financial Institutions
Examination Council (``FFIEC'') Cybersecurity Assessment Tool,
Critical Security Controls Top 20, and Control Objectives for
Information and Related Technologies. DTC would identify recognized
frameworks, guidelines and standards in the form of Cybersecurity
Confirmation and in an Important Notice that DTC would issue from
time to time. DTC would also consider accepting other standards upon
request. Notice, supra note 3, at 58191.
---------------------------------------------------------------------------

     If the submitting entity uses a third party service
provider or service bureau(s) to connect or transact business or to
manage the connection with DTC, the submitting entity has an
appropriate program to evaluate the cyber risks and impact of these
third parties and to review the third party assurance reports.
     The submitting entity's cybersecurity program and
framework protects the segment of its system that connects to and/or
interacts with DTC.
     The submitting entity has in place an established process
to remediate cyber issues identified to meet its regulatory and/or
statutory requirements.
     The submitting entity periodically updates the risk
processes of its cybersecurity program and framework based on a risk
assessment or changes to technology, business, threat ecosystem, and/or
regulatory environment.
     The submitting entity's cybersecurity program and
framework has been reviewed by one of the following: (1) The submitting
entity, if it has filed and maintains a current Certification of
Compliance with the Superintendent of the New York State Department of
Financial Services confirming compliance with its Cybersecurity
Requirements for Financial Services Companies; \16\ (2) a regulator who
assesses the submitting entity's cybersecurity program and framework
against an industry cybersecurity framework or industry standard,
including those that are listed on the Cybersecurity Confirmation form
and in an Important Notice that is issued by DTC from time to time;
\17\ (3) an independent external entity with cybersecurity domain
expertise in relevant industry standards and practices, including those
that are listed on the Cybersecurity Confirmation form and in an
Important Notice that is issued by DTC from time to time; \18\ or (4)
an independent internal audit function reporting directly to the
submitting entity's board of directors or designated board of directors
committee, such that the findings of that review are shared with these
governance bodies.
---------------------------------------------------------------------------

    \16\ 23 N.Y. Comp. Codes R. & Regs. tit. 23, Sec.  500 et seq.
(2017). DTC states that this regulation requires entities to confirm
that they have comprehensive cybersecurity programs as described in
the regulation, and DTC believes this regime is sufficient to meet
the objectives of the proposed Cybersecurity Confirmation. Notice,
supra note 3, at 58191.
    \17\ DTC states that current industry cybersecurity frameworks
and industry standards could include, for example, the Office of the
Comptroller of the Currency or the FFIEC Cybersecurity Assessment
Tool. DTC would identify acceptable industry cybersecurity
frameworks and standards in the Cybersecurity Confirmation form and
in an Important Notice that DTC would issue from time to time. DTC
would also consider accepting other industry cybersecurity
frameworks and standards upon request. Notice, supra note 3, at
58191.
    \18\ DTC states that a third party with cybersecurity domain
expertise is one that follows and understands applicable industry
standards, practices, and regulations, such as ISO 27001
certification or NIST CSF assessment. DTC would identify acceptable
industry standards and practices in the Cybersecurity Confirmation
form and in an Important Notice that DTC would issue from time to
time. DTC would also consider accepting other industry standards and
practices upon request. Notice, supra note 3, at 58191.
---------------------------------------------------------------------------

    DTC states that it designed the representations in the
Cybersecurity Confirmation to provide information on how each
submitting entity manages cybersecurity with respect to its
connectivity to DTC.\19\ DTC believes that by requiring these
representations from Participants, Pledgees, and Applicants, the
proposed Cybersecurity Confirmation would provide useful information
designed to enable DTC to make informed decisions about risks or
threats, perform additional monitoring, target potential
vulnerabilities, and otherwise protect the DTC network.\20\
---------------------------------------------------------------------------

    \19\ Id.
    \20\ Id.
---------------------------------------------------------------------------

2. Initial and Ongoing Membership Requirement
    DTC proposes to require new Applicants to submit a Cybersecurity
Confirmation as part of their application materials. DTC also proposes
to require all DTC Participants and Pledgees to submit a Cybersecurity
Confirmation at least every two years. With respect to the requirement
to submit a Cybersecurity Confirmation at least every two years, DTC
would provide all Participants and Pledgees with notice of the date on
which the Cybersecurity Confirmation would be due no later than 180
calendar days prior to the due date.

C. Implementation Timeframe

    The proposed rule change would be effective upon Commission
approval. New Applicants would be required to submit a Cybersecurity
Confirmation as part of their application materials. The requirement to
submit a Cybersecurity Confirmation would also apply to Applicants
whose applications are pending with DTC at the time the Commission
approves the proposed rule change. For existing DTC Participants and
Pledgees, DTC would provide notice of the due date to submit a
Cybersecurity Confirmation, not later than 180 days prior to the due
date. Finally, DTC would provide such notice to its Participants and
Pledgees at least every two years going forward.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \21\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. After carefully considering the proposed rule
change, the Commission finds that the proposed rule change is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to DTC. In particular, the Commission
finds that the proposed rule change is consistent with Section
17A(b)(3)(F) of the Act,\22\ and Rules 17Ad-22(e)(17)(i) and
(e)(17)(ii) promulgated under the Act,\23\ for the reasons described
below.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2)(C).
    \22\ 15 U.S.C. 78q-1(b)(3)(F).
    \23\ 17 CFR 240.17Ad-22(e)(17)(i) and (e)(17)(ii).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires that the rules of a
clearing agency be designed to, among other things, promote the prompt
and accurate clearance and settlement of securities transactions and
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible.\24\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, DTC proposes to require its Participants,
Pledgees, and Applicants to submit a Cybersecurity Confirmation,
confirming the existence and nature of their cybersecurity programs.
The Cybersecurity Confirmations should provide DTC with useful
information regarding the cybersecurity programs of the

submitting entities. By conditioning an entity's connectivity to DTC
via the SMART network or other means on the submission of a
Cybersecurity Confirmation, DTC should be better enabled to reduce the
cyber risks of electronically connecting to entities that have not
confirmed the existence and nature of their cybersecurity programs.
Accordingly, the proposed Cybersecurity Confirmation requirement should
provide DTC with information to better identify its exposure to cyber
risks and to take steps to mitigate those risks.
    If not adequately addressed, the risk of cyberattacks and other
cyber vulnerabilities could affect DTC's network and DTC's ability to
clear and settle securities transactions, or to safeguard the
securities and funds which are in DTC's custody or control, or for
which it is responsible. The proposed Cybersecurity Confirmation
requirement is a tool designed to address those risks as described
above. Therefore, the Commission finds the proposed Cybersecurity
Confirmation requirement would promote the prompt and accurate
clearance and settlement of securities transactions and assure the
safeguarding of securities and funds which are in the custody or
control of DTC or for which it is responsible, consistent with the
requirements of Section 17A(b)(3)(F) of the Act.\25\
---------------------------------------------------------------------------

    \25\ Id.
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(17)(i) Under the Act

    Rule 17Ad-22(e)(17)(i) under the Act requires that each covered
clearing agency establish, implement, maintain and enforce written
policies and procedures reasonably designed to manage the covered
clearing agency's operational risks by identifying the plausible
sources of operational risk, both internal and external, and mitigating
their impact through the use of appropriate systems, policies,
procedures, and controls.\26\ DTC's operational risks include
protecting its electronic systems from cyber risks.
---------------------------------------------------------------------------

    \26\ 17 CFR 240.17Ad-22(e)(17)(i).
---------------------------------------------------------------------------

    As described above, entities connect electronically to DTC via the
SMART network or other means. The proposed Cybersecurity Confirmation
requirement should reduce cyber risks to DTC by requiring Participants,
Pledgees, and Applicants to confirm that they have defined and maintain
cybersecurity programs and frameworks that meet standard industry best
practices and guidelines. The representations in each submitting
entity's Cybersecurity Confirmation would provide information that
should help DTC to mitigate its exposure to cyber risks, and thereby
decrease the operational risks presented to DTC by its connections to
such entities. Thus, the proposed Cybersecurity Confirmations should
enable DTC to better identify potential sources of external operational
risks and mitigate the possible impacts of those risks. Because the
proposed changes would help DTC identify and mitigate plausible sources
of external operational risk, the Commission finds the proposed changes
are consistent with the requirements of Rule 17Ad-22(e)(17)(i) under
the Act.\27\
---------------------------------------------------------------------------

    \27\ Id.
---------------------------------------------------------------------------

C. Consistency With Rule 17Ad-22(e)(17)(ii) Under the Act

    Rule 17Ad-22(e)(17)(ii) under the Act requires that each covered
clearing agency establish, implement, maintain and enforce written
policies and procedures reasonably designed to manage the covered
clearing agency's operational risks by ensuring, in part, that systems
have a high degree of security, resiliency, and operational
reliability.\28\ As noted above, DTC's operational risks include
protecting its electronic systems from cyber risks.
---------------------------------------------------------------------------

    \28\ 17 CFR 240.17Ad-22(e)(17)(ii).
---------------------------------------------------------------------------

    Although DTC believes that its Participants, Pledgees, and
Applicants may currently maintain robust cybersecurity programs, DTC
currently does not require those entities to represent that they
maintain a cybersecurity program as a condition for connecting to DTC
via the SMART network or other means. DTC designed the proposed
Cybersecurity Confirmation requirement to reduce cyber risks by
requiring its Participants, Pledgees, and Applicants to confirm that
they have defined and maintain cybersecurity programs and frameworks
that meet standard industry best practices and guidelines. The
representations in each submitting entity's Cybersecurity Confirmation
would provide more security for DTC's SMART network and other systems
by providing DTC with information designed to help manage its cyber-
related operational risks, which in turn, would enable DTC to take
steps necessary to strengthen the security of its network to mitigate
those risks. Since the proposal would enhance DTC's ability to ensure
that its systems have a high degree of security, resiliency, and
operational reliability, the Commission finds the proposed changes are
consistent with the requirements of Rule 17Ad-22(e)(17)(ii) under the
Act.\29\
---------------------------------------------------------------------------

    \29\ Id.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act
and, in particular, with the requirements of Section 17A of the Act
\30\ and the rules and regulations promulgated thereunder.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\31\ that proposed rule change SR-DTC-2019-008, be, and hereby is,
approved.\32\
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(2).
    \32\ In approving the proposed rule change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-26845 Filed 12-12-19; 8:45 am]
 BILLING CODE 8011-01-P