[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87575-87576]
[FR Doc No: 2016-29105]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0117]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Providing Information About Pediatric Uses of Medical
Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
regarding ``Providing Information About Pediatric Uses of Medical
Devices Under Section 515A of the Federal Food, Drug, and Cosmetic
Act.''

DATES: Submit either electronic or written comments on the collection
of information by February 3, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-D-0117 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Providing Information About
Pediatric Uses of Medical Devices.'' Received comments will be placed
in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential

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

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD 20852<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Providing Information About Pediatric Uses of Medical Devices Under
Section 515A of the Federal Food, Drug, and Cosmetic Act--OMB Control
Number 0910-0762--Extension

    The guidance document entitled ``Providing Information About
Pediatric Uses of Medical Devices--Guidance for Industry and Food and
Drug Administration Staff'' suggests that applicants who submit certain
medical device applications include, if readily available, pediatric
use information for diseases or conditions that the device is being
used to treat, diagnose, or cure that are outside the device's approved
or proposed indications for use, as well as an estimate of the number
of pediatric patients with such diseases or conditions. The information
submitted will allow FDA to identify pediatric uses of devices outside
their approved or proposed indication for use to determine areas where
further pediatric device development could be useful. This
recommendation applies to applicants who submit the following
applications: (1) Any request for a humanitarian device exemption
submitted under section 520(m) of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 360j(m)); (2) any premarket approval
application (PMA) or supplement to a PMA submitted under section 515 of
the FD&C Act (21 U.S.C. 360e); and (3) any product development protocol
submitted under section 515 of the FD&C Act.
    Respondents are permitted to submit information relating to uses of
the device outside the approved or proposed indication if such uses are
described or acknowledged in acceptable sources of readily available
information. We estimate that 20 percent of respondents submitting
information required by section 515A of the FD&C Act will choose to
submit this information and that it will take 30 minutes for them to do
so.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Number of
                   Description                       Number of      responses per     Total annual       Average burden per response       Total hours
                                                    respondents       respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Uses outside approved indication................             148                1              148   0.5 (30 minutes)..................              74
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: November 29, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-29105 Filed 12-2-16; 8:45 am]
 BILLING CODE 4164-01-P


Comment Info: =================

General Comment:you can not try an take our rights to vape. WE are not smoker we are vapers. you can not try to put us in smokers section. if try to regulate our, because the fda will try and put other stuff in our juices, so don't let the FDA stop us.  A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Page 37210]
[FR Doc No: 2017-16756]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2100-182--California]

California Department of Water Resources; Notice of Availability
of Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission or FERC)
regulations, 18 Code of Federal Regulations part 380, the Office of
Energy Projects has reviewed an application filed June 23, 2017, by the
California Department of Water Resources to permit Pacific Gas and
Electric Company to reroute a portion of its transmission line across
project lands in the vicinity of the project's Thermalito Diversion
Pool at the Feather River Hydroelectric Project No. 2100. The project
is located on the Feather River in Butte County, California, and
occupies lands of the United States administered by the U.S. Forest
Service and the U.S. Bureau of Land Management.
    Staff prepared an environmental assessment (EA) for the application
that analyzes the potential environmental effects of approving the
transmission line reroute as a non-project use of project lands. In the
EA, staff concludes that such an approval, with specified environmental
protection measures, would not constitute a major federal action that
would significantly affect the quality of the human environment.
    A copy of the EA is available for review at the Commission's Public
Reference Room or may it be viewed on the Commission's Web site at
www.ferc.gov using the ``eLibrary'' link. Enter the docket number P-
2100 in the docket number field to access the document. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll-free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>.
    For further information, contact Mr. John Aedo at<PHONE_NUMBER> or
by email at<EMAIL_ADDRESS>
    Dated: August 2, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-16756 Filed 8-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44595-44596]
[FR Doc No: 2011-18875]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Peripheral and Central Nervous System Drugs Advisory Committee;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee

of the Food and Drug Administration (FDA). The meeting will be open to
the public.
    Name of Committee: Peripheral and Central Nervous System Drugs
Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on October 17, 2011, from 8
a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Diem-Kieu Ngo, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax: 301-847-
8533, e-mail<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), and
follow the prompts to the desired center or product area. Please call
the Information Line for up-to-date information on this meeting. A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On October 17, 2011, the committee will discuss
supplemental new drug application (sNDA) 21641 (013) for AZILECT
(rasagiline mesylate) Tablets, manufactured by Teva Neuroscience, Inc.,
for the following proposed indication: Treatment of patients with
idiopathic (of unknown cause) Parkinson's disease to slow clinical
progression and treat the signs and symptoms of Parkinson's disease as
initial monotherapy (the single drug used to treat) and as adjunct
(additional) therapy to levodopa.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
September 30, 2011. Oral presentations from the public will be
scheduled between approximately 1 p.m. and 2 p.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before September 22, 2011.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by September 23, 2011.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Diem-Kieu Ngo at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: July 20, 2011.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2011-18875 Filed 7-25-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73758-73759]
[FR Doc No: 2015-30096]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9939-26-OA]

Notification of a Public Teleconference of the Farm, Ranch, and
Rural Community Federal Advisory Committee (FRRCC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Under the Federal Advisory Committee Act, Public Law 92-463,
the Environmental Protection Agency (EPA) gives notice of a
teleconference of the Farm, Ranch, and Rural Communities Committee
(FRRCC). This teleconference is open to the public. Members of the
public are encouraged to provide comments relevant to the specific
issues being considered by the FRRCC.

DATES: A public teleconference will be held on December 11, 2015, from
2:00 p.m. to 3:30 p.m. Eastern Standard Time.
    Location: The teleconference will be conducted by telephone only.

FOR FURTHER INFORMATION CONTACT: Donna Perla, Designated Federal
Officer, U.S. Environmental Protection Agency, Office of the
Administrator (MC1101A), 1200 Pennsylvania Avenue NW., Washington, DC
20460; via email at<EMAIL_ADDRESS>or via telephone at 202-564-
0184. General information concerning the EPA FRRCC can be found at
http://www2.epa.gov/faca/frrcc.

SUPPLEMENTARY INFORMATION:
    Background: EPA established the Farm, Ranch, and Rural Communities
Committee (FRRCC) in 2008 to provide independent policy advice,
information, and recommendations to the Administrator on a range of
environmental issues and policies that are of importance to agriculture
and rural communities.
    The purpose of this teleconference is to discuss progress and next
steps for actions that were identified as a result of the October 22,
2015 FRRCC meeting, open to the public, in Denver, CO, (see Federal
Register Notice). Discussion will include progress of the Soil Health
and the Outreach and Engagement Working Groups, and identification of
additional topics that members want to advise the Administrator on.
    Procedures for Providing Public Input: The meeting is open to the
public. Members of the public wishing to participate or to make oral
comments in the teleconference should contact

Donna Perla at<EMAIL_ADDRESS>or<PHONE_NUMBER> by December 4,
2015.
    Accessibility: For information on access to this teleconference or
services for individuals with disabilities, please contact Donna Perla
at<PHONE_NUMBER> or<EMAIL_ADDRESS>To request special
accommodations, please contact Donna Perla, preferably at least four
working days prior to the teleconference, to allow sufficient time to
process your request.

    Dated: November 17, 2015.
Donna Perla,
 Designated Federal Officer.
[FR Doc. 2015-30096 Filed 11-24-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20705-20706]
[FR Doc No: 2013-07984]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 9398; Release No. 69265]

Securities Act of 1933; Securities Exchange Act of 1934; Order
Regarding Review of FASB Accounting Support Fee for 2013 Under Section
109 of the Sarbanes-Oxley Act of 2002

April 2, 2013.
    The Sarbanes-Oxley Act of 2002 (the ``Act'') provides that the
Securities and Exchange Commission (the ``Commission'') may recognize,
as generally accepted for purposes of the securities laws, any
accounting principles established by a standard setting body that meets
certain criteria. Consequently, Section 109 of the Act provides that
all of the budget of such a standard setting body shall be payable from
an annual accounting support fee assessed and collected against each
issuer, as may be necessary or appropriate to pay for the budget and
provide for the expenses of the standard setting body, and to provide
for an independent, stable source of funding, subject to review by the
Commission. Under Section 109(f) of the Act, the amount of fees
collected for a fiscal year shall not exceed the ``recoverable budget
expenses'' of the standard setting body. Section 109(h) amends Section
13(b)(2) of the Securities Exchange Act of 1934 to require issuers to
pay the allocable share of a reasonable annual accounting support fee
or fees, determined in accordance with Section 109 of the Act.
    On April 25, 2003, the Commission issued a policy statement
concluding that the Financial Accounting Standards Board (``FASB'') and
its parent organization, the Financial Accounting Foundation (``FAF''),
satisfied the criteria for an accounting standard-setting body under
the Act, and recognizing the FASB's financial accounting and reporting
standards as ``generally accepted'' under Section 108 of the Act.\1\ As
a consequence of that recognition, the Commission undertook a review of
the FASB's accounting support fee for calendar year 2013. In connection
with its review, the Commission also reviewed the budget for the FAF
and the FASB for calendar year 2013.
---------------------------------------------------------------------------

    \1\ Financial Reporting Release No. 70.
---------------------------------------------------------------------------

    Section 109 of the Act also provides that the standard setting body
can have additional sources of revenue for its activities, such as
earnings from sales of publications, provided that each additional
source of revenue shall not jeopardize, in the judgment of the
Commission, the actual or perceived independence of the standard
setter. In this regard, the Commission also considered the
interrelation of the operating budgets of the FAF, the FASB, and the
Governmental Accounting Standards Board (``GASB''), the FASB's sister
organization, which sets accounting standards used by state and local
government entities. The Commission has been advised by the FAF that
neither the FAF, the FASB, nor the GASB accept contributions from the
accounting profession.
    The Commission understands that the Office of Management and Budget

(``OMB'') has determined that the FASB is included in sequestration
anticipated by the the Budget Control Act of 2011 (``BCA'').\2\ So long
as sequestration is applicable, we anticipate that the FAF will work
with the Commission and Commission staff as appropriate regarding its
implementation of sequestration. In that event, the Commission also
requests the FAF to provide the Commission with information regarding
the FAF's plans for implementation of sequestration, including how it
will impact 2013 spending for each of the FAF's program areas and cost
categories.
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    \2\ See ``OMB Report Pursuant to the Sequestration Transparency
Act of 2012'' (P.L. 112-155), page 222 of 224 at: http://www.whitehouse.gov/sites/default/files/omb/assets/legislative_reports/stareport.pdf.
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    After its review, the Commission determined that the 2013 annual
accounting support fee for the FASB is consistent with Section 109 of
the Act. Accordingly,
    It is ordered, pursuant to Section 109 of the Act, that the FASB
may act in accordance with this determination of the Commission.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-07984 Filed 4-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Notices]
[Page 72788-72789]
[DOCID:fr01de08-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-281-000]

Pebble Springs Wind LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

November 20, 2008.
    This is a supplemental notice in the above-referenced proceeding of
Pebble Springs Wind LLC's application for

market-based rate authority, with an accompanying rate tariff, noting
that such application includes a request for blanket authorization,
under 18 CFR part 34, of future issuances of securities and assumptions
of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 22, 2008.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list.
    They are also available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
Web site that enables subscribers to receive e-mail notification when a
document is added to a subscribed dockets(s). For assistance with any
FERC Online service, please e-mail<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-28300 Filed 11-28-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 8, 2007 (Volume 72, Number 110)]
[Notices]
[Page 31868-31871]
[DOCID:fr08jn07-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55852; File No. SR-NYSE-2007-47]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Exchange Rules 103A and 103B

June 4, 2007.
    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 May 22, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have

been substantially prepared by the Exchange. The Exchange has
designated the proposed rule change as ``non-controversial'' under
Section 19(b)(3)(A)(iii) \3\ of the Act and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes a moratorium on the administration of the
Specialist Performance Evaluation Questionnaire (``SPEQ'') pursuant to
Exchange rule 103A and the use of the SPEQ pursuant to Rule 103B. In
addition, the Exchange proposes that the use of SuperDot turnaround for
orders received (``Order Reports'') and responses to administrative
messages (``Administrative Responses'') not be used as objective
measures in the assessment of specialist performance during the
moratorium. The Exchange further proposes that the SPEQ and Order
Reports/Administrative Responses no longer serve as criteria for a
specialist performance improvement action during the moratorium.
    The text of the proposed rule changes is available on the
Exchange's Web site (http://www.nyse.com), at the Exchange's Office of

the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes an immediate moratorium on the administration
and use of the SPEQ and Order Reports/Administrative Responses to
commence on the date of publication in the Federal Register of the
formal submission of the Rule 19b-4 filing by the NYSE to the
Commission to amend Exchange Rules 103A and 103B and ending no later
than December 31, 2007 (``Moratorium''). In addition, the Exchange
proposes that the use of Order Reports/Administrative Responses not be
used as objective measures in the assessment of specialist performance
during the Moratorium pursuant to Exchange Rule 103B or used as
criteria for a specialist performance improvement action pursuant to
Exchange Rule 103A.
SPEQ
    Pursuant to Exchange Rule 103A, on a quarterly basis, the Exchange
distributes a twenty question survey known as the SPEQ to eligible
Floor brokers \5\ to evaluate specialist performance during the quarter
immediately prior to the distribution of the SPEQ. Initially, this
subjective feedback provided critical information to assist the
Exchange in maintaining the quality of the NYSE market.
---------------------------------------------------------------------------

    \5\ The Exchange believed that conscientious participation in
the SPEQ process was a critical element in the Exchange's program
for evaluating the overall performance of its specialists. All
eligible Floor brokers are required to participate in the process
and evaluate from one to three specialist units each quarter. Floor
brokers are selected to participate in the SPEQ process based on
broker badge data submitted in accordance with audit trail
requirements. Brokers who intentionally fail or refuse to
participate in the SPEQ process may be subject to disciplinary
action, including the imposition of a summary fine pursuant to
Exchange Rule 476A.
---------------------------------------------------------------------------

    However, the current SPEQ no longer adequately allows the Floor
broker to assess the electronic interaction between the specialist and
the Floor broker. The Hybrid Market provided Floor brokers and
specialists with electronic trading tools that have resulted in less
personal and verbal contact between Floor brokers and specialists.
Currently approximately 90% of the transactions executed on the
Exchange are done through electronic executions.
    In addition, the dramatic increase in transparency with respect to
the Display Book through, among other things, Exchange initiatives like
Exchange OPENBOOKTM \6\ (``OPENBOOK'') has decreased the
need for the Floor broker to obtain market information verbally from
the specialist. This increased transparency gives all market
participants, both on and off the Floor, a greater ability to see and
react to market changes.
---------------------------------------------------------------------------

    \6\ OPENBOOK Online Database is an Exchange online service that
allows subscribers to view the contents of the specialist book for
any stock at any given point in the day, or over a period of time.
Results are returned in an Excel spreadsheet. OPENBOOK Online
Database is a historical database with data stored online for a 12-
month period.
---------------------------------------------------------------------------

    The questions on the SPEQ do not take into account the operation of
the electronic tools available in the Hybrid Market. The SPEQ does not
provide Floor brokers with a means to evaluate specialist performance
under the current market model. As a result of the more electronic
interaction between Floor brokers and specialists, Floor brokers are
unable to assess specialist performance using the current SPEQ.
    The questions posed to the Floor brokers on the SPEQ require Floor
brokers to opine on the specialists' ability to offer single price
executions and specialists' ability to provide notification to Floor
brokers of market changes in particular stocks. In the current Hybrid
Market, specialists are unable to offer single price executions and the
relative speed of executions makes it virtually impossible for
specialist to notify brokers of changes in a particular security.
    Given the above, the SPEQ no longer serves as a meaningful measure
of specialist performance. As such, the Exchange proposes an immediate
Moratorium on the administration and use of the SPEQ in order to
provide the Exchange with an opportunity to review its entire
specialist allocation policy.

Objective Measures

    The Exchange further requests that during the Moratorium,
allocations of newly listed securities on the Exchange continue to be
based on the objective measures identified in Exchange Rule 103B,\7\
with the exception of SuperDot turnaround for orders received and
response to administrative messages.
---------------------------------------------------------------------------

    \7\ Pursuant to Exchange Rule 103B, specialist dealer
performance is measured in terms of participation (TTV);
stabilization; capital utilization, which is the degree to which the
specialist unit uses its own capital in relation to the total dollar
value of trading in the unit's stocks; and near neighbor analysis,
which is a measure of specialist performance and market quality
comparing performance in a stock to performance of stocks that have
similar market characteristics. Additional objective measures
pursuant to Exchange Rule 103B are those measures included in
Exchange Rule 103A which are: (a) Timeliness of regular openings;
(b) promptness in seeking Floor official approval of a non-
regulatory delayed opening; (c) timeliness of DOT turnaround; and
(d) response to administrative messages.
---------------------------------------------------------------------------

    As a result of the Hybrid Market, SuperDot turnaround for orders
received and response to administrative messages no longer provide
meaningful objective standards to evaluate specialist performance.
Specifically, in the current more electronic Hybrid Market, orders
received by Exchange systems that are marketable upon entry are
eligible to be immediately and

automatically executed by Exchange systems. As such, SuperDot
turnaround no longer provides a meaningful objective measure of a
specialist's performance. The Exchange therefore seeks to remove
SuperDot turnaround as an objective measure of specialist performance
during the Moratorium.
    Furthermore, in the current Hybrid Market the Exchange system
automatically responds to the majority of the administrative messages.
Today, there are two administrative messages that require a manual
response from specialists. These are messages that require the
specialist to provide status information on market orders and stop
orders. With regard to requests for the status of stop orders, the
specialists are no longer capable of providing this information. In
December 2006, following Commission approval,\8\ the Exchange changed
its stop order handling process. Stop orders are no longer visible to
the part of the NYSE Display Book[supreg] that the specialist ``sees.''
When a transaction on the Exchange results in the election of a stop
order that had been received prior to such transaction, the elected
stop order is sent as a market order \9\ to the Display Book and the
specialist's system employing algorithms where it is handled in the
same way as any other market order. The specialist therefore is unable
to provide any information regarding the status of stop orders.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 54820 (November 27,
2006), 71 FR 70824 (December 6, 2006) (SR-NYSE-2006-65).
    \9\ As used herein, the term ``market order'' refers to market
orders that are not designated as ``auction market orders.''
---------------------------------------------------------------------------

    Currently, market orders are eligible to receive immediate and
automatic execution on the Exchange. The immediate and automatic
execution of market orders eliminates the need for the specialists to
respond to the administrative request for the status of market orders.
In practice, a customer that submits a market order will likely receive
a report of execution before the administrative message requesting the
status of the market order has been printed and read by the specialist.
    The Exchange anticipates that this change will have a minimal
impact on its customers. In the past few years, the average number of
administrative messages received on a daily basis has steadily
declined. The Exchange believes that immediate and automatic execution
of orders will virtually eliminate administrative messages that require
a manual response from a specialist. As a result, a specialist's
ability to respond to administrative messages no longer provides a
meaningful measure of specialists' performance during the Moratorium.
The Exchange therefore seeks to remove the response to administrative
messages as a measure of specialist performance during the Moratorium.
    Given that SuperDot turnaround and responses to administrative
messages no longer provide significant objective measures of
specialists' performance in the Hybrid Market, the Exchange seeks to
suspend the use of both measures as criteria used to access
specialists' performance during the Moratorium.

Performance Improvement Actions

    Similarly, during the Moratorium, the Exchange seeks to suspend the
use of the SPEQ and Order Reports/Administrative Reports as criteria
for the implementation of a performance improvement action pursuant to
Exchange Rule 103A. Exchange Rule 103A(b) provides that:

    The Market Performance Committee shall initiate a Performance
Improvement Action (except in highly unusual or extenuating
circumstances, involving factors beyond the control of a particular
specialist unit, as determined by formal vote of the Committee) in
any case where a specialist unit's performance falls below such
standards as are specified in the Supplementary Material to this
rule. The objective of a Performance Improvement Action shall be to
improve a specialist unit's performance where the unit has exhibited
one or more significant weaknesses, or has exhibited an overall
pattern of weak performance that indicates the need for general
improvement.

    The SPEQ and Order Reports/Administrative Reports are two criteria
included in the standards specified in Exchange Rule 103A Supplementary
Material. Given that SPEQ and Order Reports/Administrative Reports no
longer provide significant objective measures of specialists'
performance in the Hybrid Market, the Exchange seeks to suspend the use
of both measures as criteria for the implementation of a performance
improvement action during the Moratorium.

Creation of a New Process

    During the Moratorium, the Exchange will analyze how specialists
function in the Hybrid market in order to determine which objective
standards accurately assess and measure the specialists' performance of
its market-making function. Using newly identified objective measures,
the Exchange will formally submit a proposal to the Commission, no
later than August 1, 2007, to amend Exchange rules that govern the
allocation of securities to specialist firms and other related rules.
    The Exchange believes that the use of objective measures will
provide for a more significant comparison of specialist performance. It
is anticipated that the use of more objective and detailed measures
will promote healthy competition between specialists firms and
ultimately result in better market-making for Exchange customers.
2. Statutory Basis
    The Exchange believes that the basis under the Act for this
proposed rule change is the requirement under Section 6(b)(5) \10\ that
an Exchange have rules that are designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The proposed
rule change also is designed to support the principles of Section
11A(a)(1) \11\ in that it seeks to assure economically efficient
execution of securities transactions, make it practicable for brokers
to execute investors' orders in the best market and provide an
opportunity for investors' orders to be executed without the
participation of a dealer.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

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

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

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

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days after the date of filing, or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest, the proposed rule change has become effective pursuant
to Section 19(b)(3)(A) of the Act \12\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become

operative prior to 30 days after the date of filing.\14\ However, Rule
19b-4(f)(6)(iii) \15\ permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has satisfied the five-day prefiling
requirement.\16\ In addition, the Exchange has requested that the
Commission waive the 30-day pre-operative delay and designate the
proposed rule change to become operative upon filing.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ Id.
    \16\ Id.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it would allow the Exchange to immediately implement this
proposal and thus the Exchange would not need to rely on factors that
no longer provide significant objective measures of specialists'
performance in the Hybrid Market. The Commission notes that the
Exchange expects to file a proposed rule change under Section 19(b) of
the Act \17\ by August 1, 2007, which would amend Exchange rules that
govern the allocation of securities to specialist firms and other
related rules. The Commission designates the proposal to become
effective and operative upon filing.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the impact of the proposed rule on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 the furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSE-2007-47 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-47. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NYSE. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NYSE-2007-47 and should be submitted on or before June 29, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-11079 Filed 6-7-07; 8:45 am]

BILLING CODE 8010-01-P


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*OURNAL½OF½!MERICAN
6ETERINARY½!SSOCIATION

491-496.


SAMPLE 114 LETTER for Allocation of Essential Use Allowances for Calendar Year 2005 Dear Sir or Madam:

I am writing to request your cooperation in determining the amount of chlorofluorocarbons ( CFCs) needed to manufacture metered dose inhalers ( MDIs) in the United States in the year 2005. Each year since the phase out of class I ozone depleting substances in 1996, the U. S. Environmental Protection Agency ( EPA) has asked the Parties to the Montreal Protocol to approve production and import of specified quantities of CFCs for use in MDIs. Once the Parties have approved the requested quantities, EPA then allocates rights to import or produce CFCs as " essential use allowances" to each company through rulemaking for that year. EPA, in allocating the rights to import or produce CFCs, implements the exception for " medical devices" at section 604( d)( 2) of the Clean Air Act ( the Act). This section requires that the Food and Drug Administration ( FDA), in consultation with EPA, determine the amount of CFCs " necessary" for medical devices. EPA then allocates essential use allowances to companies in accordance with this determination.

With this letter, EPA requests that [ company name] provide information on the amount of CFCs necessary for the year 2005 by completing the enclosed form. The information you provide will be shared with FDA, and will assist FDA in consultation with EPA in determining the amount of CFCs necessary for your company in the year 2005. Please note that FDA will compare the data you provide in response to this letter to data submitted to FDA in annual reports, where available.

Pursuant to section 114( a) of the Act, for the purposes of carrying out any provision of the Act, the Administrator of EPA is authorized to require any person who is subject to any requirement of the Act to establish and maintain such records, make such reports, and provide such other information as the Administrator may reasonably require. Therefore, in accordance with section 114( a)( 1) of the Act, you are hereby required to provide the information requested in the enclosed form. You are required to submit the completed reporting forms within twenty ( 20) business days from the date of receipt of this letter. An original signed copy of the reporting forms should be submitted to:

Scott Monroe Global Programs Division ( 6205J) U. S. Environmental Protection Agency 1200 Pennsylvania Avenue N. W. Washington, DC 20460.

If sending by express mail or delivery service, please use the following address:

Scott Monroe Global Programs Division U. S. Environmental Protection Agency 1310 L Street, NW Washington, DC 20005 4113.

Pursuant to the regulations at 40 CFR, part 2, subpart B, you are entitled to assert a business confidentiality claim covering all or any part of the submitted business information as defined in 40 CFR 2.201( c). Asserting a business confidentiality claim does not relieve your obligation to respond fully to this letter. Failure to assert such a claim makes the submitted information subject to public disclosure upon request and without further notice to you pursuant to the Freedom of Information Act, 5 U. S. C. section 552. Information subject to a business confidentiality claim may be available to the public only to the extent set forth in the above cited regulation.

Thank you in advance for your assistance. Failure to comply with this letter may result in the delay of essential use allocations for the year 2005. If you have any questions, please contact Scott Monroe by phone at ( 202) 343 9712 or by email at monroe. scott@ epa. gov.

Sincerely,

Drusilla Hufford, Director Global Programs Division Enclosure 1 If significant numbers of different canister sizes are produced, this target fill number should either be the weighted average for that product ( i. e., the sum of the gross target fill times the percentage of canisters produced in that size divided by the total number of canisters) or each size may be contained in a separate row of the report 2 Column F= ( Column D)( Column E)

3 Provide details regarding your additional amount needed, e. g., canisters produced but not distributed, CFCs lost in processing, CFCs remaining at end of batch run, CFCs used in line cleaning.

4 Total request per product for 2005 ( metric tons) = Column F+ Column G Year 2005 Essential Use Allocation: CFC Reporting Form Company Name______________________________

A B C D E F G H Product Number of Units produced from 1/ 1/ 03to 12/ 31/ 03 Number of Units anticipated to be produced in 2004 Number of Units anticipated to be produced in 2005 Gross Target fill weight per unit ( grams) 1 Total CFC to be contained in product for 2005 ( metric tons) 2 Additional amount necessary for production ( metric tons) 3 TOTAL request per product for 2005 ( metric tons) 4 Example Product 1,327,456 1,300,000 1,200,000 22 26.40 2.60 29.00


[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76321-76323]
[FR Doc No: 2014-29876]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

Agency Holding Meeting: Federal Energy Regulatory Commission.

Date and Time: December 18, 2014 10 a.m.

Place: Room 2C, 888 First Street NE., Washington, DC 20426.

STATUS: Open.

Matters to be Considered: Agenda. * Note--Items listed on the agenda
may be deleted without further notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                    1011th--Meeting--Regular Meeting
                      [December 18, 2014, 10 a.m.]
------------------------------------------------------------------------
          Item No.                 Docket No.              Company
------------------------------------------------------------------------
                             Administrative
------------------------------------------------------------------------
A-1.........................  AD02-1-000..........  Agency Business
                                                     Matters
A-2.........................  AD02-7-000..........  Customer Matters,
                                                     Reliability,
                                                     Security and Market
                                                     Operations
A-3.........................  AD15-3-000..........  Discussion on Coal
                                                     Delivery
------------------------------------------------------------------------
                                Electric
------------------------------------------------------------------------
E-1.........................  ER13-1447-000.......  Public Service
                                                     Company of New
                                                     Mexico
                              ER13-1448-000.......  NorthWestern
                                                     Corporation
                              ER13-1450-000.......  Arizona Public
                                                     Service Company
                              ER13-1457-000.......  Deseret Generation &
                                                     Transmission Co-
                                                     operative, Inc.
                              ER13-1461-000.......  Tucson Electric
                                                     Power Company
                              ER13-1462-000.......  UNS Electric, Inc.
                              ER13-1463-000.......  Portland General
                                                     Electric Company
                              ER13-1465-000.......  El Paso Electric
                                                     Company
                              ER13-1466-000.......  NV Energy, Inc.
                              ER13-1467-000.......  Idaho Power Company
                              ER13-1469-000.......  Public Service
                                                     Company of Colorado
                              ER13-1470-000.......  California
                                                     Independent System
                                                     Operator
                                                     Corporation
                              ER13-1471-000.......  Cheyenne Light, Fuel
                                                     and Power Company
                              ER13-1472-000.......  Black Hills Power,
                                                     Inc.
                              ER13-1473-000.......  PacifiCorp
                              ER13-1474-000.......  Black Hills/Colorado
                                                     Electric Utility
                                                     Company, LP
                              ER13-1729-000.......  Puget Sound Energy,
                                                     Inc.
                              ER13-1730-000.......  Avista Corporation
                              ER14-346-001........  MATL LLP
                              NJ13-10-000.........  Bonneville Power
                                                     Administration
E-2.........................  ER13-1944-000.......  PJM Interconnection,
                                                     L.L.C.
                              ER13-1943-000, ER13-  Midcontinent
                               1943-001.             Independent System
                                                     Operator, Inc.
                              ER13-1924-000.......  PJM Interconnection,
                                                     L.L.C., Duquesne
                                                     Light Company
                              ER13-1945-000.......  Midcontinent
                                                     Independent System
                                                     Operator, Inc.
                              ER13-1955-000.......  Entergy Services,
                                                     Inc.
                              ER13-1956-000.......  Cleco Power LLC (Not
                                                     Consolidated)
E-3.........................  EL13-88-000.........  Northern Indiana
                                                     Public Service
                                                     Company v.
                                                     Midcontinent
                                                     Independent System
                                                     Operator, Inc. and
                                                     PJM
                                                     Interconnection,
                                                     L.L.C.
E-4.........................  EL14-97-000.........  Public Service
                                                     Company of Colorado
E-5.........................  EC14-112-000........  PPL Corporation, RJS
                                                     Power Holdings LLC
E-6.........................  RM15-3-000..........  Revisions to Part 46
                                                     Filing Requirements
E-7.........................  OMITTED.............
E-8.........................  ER14-75-000, ER14-75- Entergy Arkansas,
                               001.                  Inc.
                              ER14-76-000, ER14-76- Entergy Gulf States
                               001, ER14-1329-000    Louisiana, L.L.C.
                               (Consolidated).
                              ER14-77-000, ER14-77- Entergy Louisiana,
                               001, ER14-1328-000.   LLC
                              ER14-78-000, ER14-78- Entergy Mississippi,
                               001.                  Inc.
                              ER14-79-000, ER14-79- Entergy New Orleans,
                               001.                  Inc.
                              ER14-80-000, ER14-80- Entergy Texas, Inc.
                               001, ER14-128-000.
E-9.........................  ER12-1179-019, ER13-  Southwest Power
                               1173-002.             Pool, Inc.
E-10........................  ER14-2979-000, ER14-  NV Energy, Inc.
                               2979-001.
E-11........................  ER14-2085-000, ER11-  Entergy Services,
                               3658-000, ER12-1920-  Inc., Louisiana
                               000, ER13-1595-000,   Public Service
                               EL10-65-000           Commission v.
                               (Consolidated).       Entergy
                                                     Corporation,
                                                     Entergy Services,
                                                     Inc., Entergy
                                                     Louisiana, LLC,
                                                     Entergy Arkansas,
                                                     Inc., Entergy
                                                     Mississippi, Inc.,
                                                     Entergy New
                                                     Orleans, Inc.,
                                                     Entergy Gulf States
                                                     Louisiana, L.L.C.,
                                                     Entergy Texas, Inc.
E-12........................  ER14-2022-000.......  Midcontinent
                                                     Independent System
                                                     Operator, Inc.
E-13........................  ER15-129-000........  California
                                                     Independent System
                                                     Operator
                                                     Corporation
E-14........................  ER15-66-000.........  California
                                                     Independent System
                                                     Operator
                                                     Corporation
E-15........................  ER15-50-000.........  California
                                                     Independent System
                                                     Operator
                                                     Corporation
E-16........................  ER13-103-004, ER13-   California
                               103-005.              Independent System
                                                     Operator
                                                     Corporation
E-17........................  OMITTED.............

E-18........................  OMITTED.............
E-19........................  EL05-121-009........  PJM Interconnection,
                                                     L.L.C.
E-20........................  EL15-12-000, QF98-54- Alaska Power &
                               001.                  Telephone Company,
                                                     City of Saxman,
                                                     Alaska
E-21........................  EL10-65-000, EL10-65- Louisiana Public
                               001.                  Service Commission
                                                     v. Entergy
                                                     Corporation,
                                                     Entergy Services,
                                                     Inc., Entergy
                                                     Louisiana, LLC,
                                                     Entergy Arkansas,
                                                     Inc., Entergy
                                                     Mississippi, Inc.,
                                                     Entergy New
                                                     Orleans, Inc.,
                                                     Entergy Gulf States
                                                     Louisiana, L.L.C.,
                                                     Entergy Texas, Inc.
E-22........................  EL11-65-001.........  Louisiana Public
                                                     Service Commission
                                                     v. Entergy
                                                     Corporation,
                                                     Entergy Services,
                                                     Inc., Entergy
                                                     Louisiana, LLC,
                                                     Entergy Arkansas,
                                                     Inc., Entergy
                                                     Mississippi, Inc.,
                                                     Entergy New
                                                     Orleans, Inc.,
                                                     Entergy Gulf States
                                                     Louisiana, L.L.C.,
                                                     Entergy Texas, Inc.
E-23........................  OMITTED.............
E-24........................  EL14-93-000.........  State Corporation
                                                     Commission of the
                                                     State of Kansas v.
                                                     Westar Energy, Inc.
E-25........................  EL15-14-000.........  Energy Producers and
                                                     Users Coalition
E-26........................  EL14-9-001, QF11-424- Gregory and Beverly
                               003, EL14-18-001.     Swecker v. Midland
                                                     Power Cooperative,
                                                     Gregory Swecker and
                                                     Beverly Swecker v.
                                                     Midland Power
                                                     Cooperative and
                                                     Central Iowa Power
                                                     Cooperative
E-27........................  ER15-203-000........  Evergreen Gen Lead,
                                                     LLC
E-28........................  ER11-4069-001.......  RITELine Illinois,
                                                     LLC
                              ER11-4070-002.......  RITELine Indiana,
                                                     LLC
E-29........................  EL14-89-000.........  GDF Suez Energy
                                                     Resources, NA v.
                                                     New York
                                                     Independent System
                                                     Operator, Inc., and
                                                     Consolidated Edison
                                                     Company of New
                                                     York, Inc.
------------------------------------------------------------------------
                                   Gas
------------------------------------------------------------------------
G-1.........................  PR14-55-000.........  Arkansas Oklahoma
                                                     Gas Corporation
G-2.........................  RP14-247-000, RP14-   Sea Robin Pipeline
                               247-001, RP14-247-    Company, LLC
                               002, RP14-247-003,
                               RP13-968-000, RP13-
                               968-001, RP13-968-
                               002, RP13-968-003,
                               RP13-968-004.
G-3.........................  OR14-41-000.........  American Airlines,
                                                     Inc. v. Buckeye
                                                     Pipe Line Company,
                                                     L.P.
------------------------------------------------------------------------
                                  Hydro
------------------------------------------------------------------------
H-1.........................  P-14368-001.........  Catamount
                                                     Metropolitan
                                                     District
------------------------------------------------------------------------
                              Certificates
------------------------------------------------------------------------
C-1.........................  OMITTED.............
C-2.........................  CP13-551-000........  Transcontinental Gas
                                                     Pipeline Company,
                                                     LLC
C-3.........................  CP09-161-000........  Bison Pipeline LLC
C-4.........................  CP14-17-000.........  Columbia Gas
                                                     Transmission, LLC
C-5.........................  CP14-104-000........  Texas Eastern
                                                     Transmission, LP
------------------------------------------------------------------------

    Issued: December 11, 2014.
Kimberly D. Bose,
 Secretary.
    A free webcast of this event is available through www.ferc.gov.
Anyone with Internet access who desires to view this event can do so by
navigating to www.ferc.gov's Calendar of Events and locating this event
in the Calendar. The event will contain a link to its webcast. The
Capitol Connection provides technical support for the free webcasts. It
also offers access to this event via television in the DC area and via
phone bridge for a fee. If you have any questions, visit
www.CapitolConnection.org or contact Danelle Springer or David
Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.
[FR Doc. 2014-29876 Filed 12-18-14; 11:15 am]
BILLING CODE 6717-01-P


Sample Questions for Consultations on the Renewal of the Pesticide Registration Fee ICR 2013: OMB Control No.: 2070-0179; EPA ICR No.: 2330.3

Attached is a copy of the sample questions which will be used during the consultation process. Any stakeholder response to consultation questions received will become available as part of the docket EPA-HQ-OPP-2016-0463.     Company Name:   Name of person consulted:   Date:    Web Page Information:

 When preparing your waiver request did you consult the EPA website https://www.epa.gov/pria-fees/pria-fee-waivers-small-businesses#contents?    If yes, did you find it helpful and informative?

 What improvements or clarifications would you like to see?

Labor Rates:     The current labor rates for this ICR proposal are $126.45 for Management; $71.69 for Technical; and $42.97 for Clerical. Keeping in mind the estimates presented are average for the industry.  Would you say these labor rates are accurate?  Many companies no longer use the Clerical wage rate.  Does your company use Clerical labor for the activities associated with this ICR?      The current labor burden breakdown (the average amount of time each labor category might spend on this task) is displayed in Tables 2, 4, 5, 6 in the supporting statement document. Keeping in mind that estimates presented are average for the industry.  Are these industry averages too high, too low, or just about right for your firm?

Size of your Firm:      Does your firm hold 5 or fewer pesticide registrations, 6-10 registrations, 11-20 registrations, 21 -50 registrations, or over 50 registrations? If your company is a consultant firm which provides this service for the pesticide industry, can you estimate the size categories of your clientele?  (Sample response," Our consulting firm has approximately 30 clients. 90 % of our clients have less than 20 registrations with EPA the remaining 10 % have over 50 registrations.")           Electronic Payments:

 Since 2015, EPA has collected PRIA and Registration Maintenance fees using electronic payment via www.pay.gov.  Do you have any comments about the use of this system?

Additional Comments:

 Do you have any other comments about the burden or costs associated with this ICR activity?


[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 12968-12970]
[FR Doc No: 2018-06016]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82910; File No. SR-NSCC-2017-018]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Instituting Proceedings To Determine Whether To
Approve or Disapprove a Proposed Rule Change To Amend the Loss
Allocation Rules and Make Other Changes

March 20, 2018.

I. Introduction

    On December 18, 2017, National Securities Clearing Corporation
(``NSCC'') 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-NSCC-2017-018 to amend the loss allocation
rules and make other changes (``Proposed Rule Change'').\3\ The
Proposed Rule Change was published for comment in the Federal Register
on January 8, 2018.\4\ The Commission did not receive any comments on
the Proposed Rule Change. On February 8, 2018, pursuant to Section
19(b)(2)(A)(ii)(I) of the Act,\5\ the Commission designated a longer
period within which to approve, disapprove, or institute proceedings to
determine whether to approve or disapprove the Proposed Rule Change.\6\
This order institutes proceedings, pursuant to Section 19(b)(2)(B) of
the Act,\7\ to determine whether to approve or disapprove the Proposed
Rule Change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ On December 18, 2017, NSCC filed this proposal as an advance
notice (SR-NSCC-2017-806) with the Commission pursuant to Section
806(e)(1) of the Payment, Clearing, and Settlement Supervision Act
of 2010 (``Clearing Supervision Act'') and Rule 19b-4(n)(1)(i) of
the Act (``Advance Notice''). On January 24, 2018, the Commission
extended the review period of the Advance Notice for an additional
60 days pursuant to Section 806(e)(1)(H) of the Clearing Supervision
Act. See 12 U.S.C. 5465(e)(1); 17 CFR 240.19b-4(n)(1)(i); 12 U.S.C.
5465(e)(1)(H); and Securities Exchange Act Release No. 82584
(January 24, 2018), 83 FR 4377 (January 30, 2018) (SR-NSCC-2017-
806).
    \4\ Securities Exchange Act Release No. 82428 (January 2, 2018),
83 FR 897 (January 8, 2018) (SR-NSCC-2017-018) (``Notice'').
    \5\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).
    \6\ Securities Exchange Act Release No. 82670 (February 8,
2018), 83 FR 6626 (February 14, 2018) (SR-DTC-2017-022; SR-FICC-
2017-022; SR-NSCC-2017-018).
    \7\ 15 U.S.C. 78s(b)(2)(B).
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II. Summary of the Proposed Rule Change 8
---------------------------------------------------------------------------

    \8\ The Commission notes that the Summary of the Proposed Rule
Change section does not describe the Proposed Rule Change in its
entirety. Other changes include, but are not limited to, the
clarification of defined terms, various aspects of the Clearing Fund
application, and detailed procedures of the loss allocation. The
complete Proposed Rule Change can be found in the Notice. See
Notice, supra note 4. In addition, the text of the Proposed Rule
Change is available at http://www.dtcc.com/legal/rules-and-procedures.aspx.
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    As described in the Notice,\9\ NSCC proposes to revise its Rules
and Procedures to primarily change (i) the loss allocation process,\10\
(ii) the loss allocation governance for Declared Non-Default Loss
Events,\11\ and (iii) the retention time for the Actual Deposit of
former members.\12\
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    \9\ The description of the Proposed Rule Change herein is based
on the statements prepared by NSCC in the Notice. See Notice, supra
note 4. Each capitalized term not otherwise defined herein has its
respective meaning either (i) as set forth in the Rules and
Procedures of NSCC, available at http://www.dtcc.com/legal/rules-and-procedures.aspx, or (ii) as set forth in the Notice.
    \10\ See Notice, supra note 4, at 898-901.
    \11\ See id. at 901.
    \12\ See id. at 901-02.
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A. Loss Allocation Process

    NSCC states that it would retain the current core loss allocation
process.\13\ However, NSCC proposes to revise certain elements and
introduce certain new loss allocation concepts, by making five key
changes to its loss allocation process.
---------------------------------------------------------------------------

    \13\ Id. at 898.
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    First, NSCC proposes to replace the calculation of its corporate
contribution from no less than 25 percent of its retained earnings or
such higher amount as the Board of Directors shall determine to a
defined Corporate Contribution.\14\ The proposed Corporate Contribution
would be defined as an amount equal to 50 percent of NSCC's General
Business Risk Capital Requirement.\15\ NSCC's General Business Risk
Capital Requirement is, at a minimum, equal to the regulatory capital
that NSCC is required to maintain in compliance with Rule 17Ad-
22(e)(15) under the Act.\16\ In addition, NSCC proposes to mandatorily
apply Corporate Contribution (i) prior to a loss allocation among
Members, and (ii) to losses arising from both Defaulting Member Events
and Declared Non-Default Loss Events.\17\
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    \14\ Id.
    \15\ Id.
    \16\ Id.; 17 CFR 240.17Ad-22(e)(15).
    \17\ Notice, supra note 4, at 898.
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    Second, NSCC proposes to introduce an Event Period to address the
allocation of losses and liabilities that may arise from or relate to
multiple

Defaulting Member Events, Declared Non-Default Loss Events, or both
that arise in quick succession.\18\ The proposal would group together
Defaulting Member Events and Declared Non-Default Loss Events occurring
in a period of 10 business days for purposes of allocating losses to
Members in one or more rounds, subject to the limitations of loss
allocation in the Proposed Rule Change.\19\
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    \18\ Id. at 899.
    \19\ Id.
---------------------------------------------------------------------------

    Third, NSCC proposes to introduce a loss allocation ``round,''
which would mean ``a series of loss allocations relating to an Event
Period, the aggregate amount of which is limited by the sum of the Loss
Allocation Caps of affected Members.'' \20\ NSCC would notify Members
subject to a loss allocation of the amounts being allocated to
them.\21\ Each Member would have five business days from the issuance
of such first Loss Allocation Notice for the round to notify NSCC of
its election to withdraw from membership with NSCC, and thereby benefit
from its Loss Allocation Cap.\22\
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    \20\ Id.
    \21\ Id.
    \22\ Id.
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    Fourth, NSCC proposes to implement a ``look-back'' period to
calculate a Member's loss allocation pro rata share and its Loss
Allocation Cap.\23\ NSCC proposes to calculate each Member's pro rata
share of losses and liabilities in any round to be equal to (i) the
average of a Member's Required Fund Deposit for 70 business days prior
to the first day of the applicable Event Period (``Average RFD'')
divided by (ii) the sum of Average RFD amounts for all Members that are
subject to a loss allocation in such round.\24\ Additionally, NSCC
proposes that each Member's Loss Allocation Cap would be equal to the
greater of (i) its Required Fund Deposit on the first day of the
applicable Event Period or (ii) its Average RFD.\25\
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    \23\ Id. at 900.
    \24\ Id.
    \25\ Id.
---------------------------------------------------------------------------

    Fifth, NSCC proposes to revise the cap on a loss allocation and the
withdrawal process followed by the loss allocation. As proposed, if a
Member provides notice of its withdrawal from membership, the Member's
maximum amount of losses with respect to any loss allocation round
would be its Loss Allocation Cap.\26\ NSCC further proposes that
Members would have two business days after NSCC issues a first round
Loss Allocation Notice to pay the amount specified in such notice.\27\
Members would have five business days from the issuance of the first
Loss Allocation Notice in any round to decide whether to terminate its
membership, provided that the Member complies with the requirements of
the proposed withdrawal process.\28\
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    \26\ Id.
    \27\ Id. at 900 and 905.
    \28\ Id. at 900.
---------------------------------------------------------------------------

B. Loss Allocation Governance for Declared Non-Default Loss Events

    NSCC proposes to enhance the governance around Declared Non-Default
Loss Events that would trigger a loss allocation by specifying that the
Board of Directors would have to determine that there is a non-default
loss that (i) may present a significant and substantial loss or
liability, so as to materially impair the ability of NSCC to provide
clearance and settlement services in an orderly manner, and (ii) will
potentially generate losses to be mutualized among Members in order to
ensure that NSCC may continue to offer clearance and settlement
services in an orderly manner.\29\ NSCC would then be required to
promptly notify Members of this determination.\30\
---------------------------------------------------------------------------

    \29\ Id. at 901.
    \30\ Id.
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C. Retention Time for the Actual Deposit of a Former Participant

    NSCC proposes that if a Member gives notice to NSCC of its election
to withdraw from membership, NSCC would return the Member's Actual
Deposit in the form of cash or securities within 30 calendar days and
Eligible Letters of Credit within 90 calendar days.\31\ The return
would be made after all of the Member's transactions have settled, and
all matured and contingent obligations to NSCC for which the Member was
responsible while a Member have been satisfied, except NSCC may retain
for up to two years the Actual Deposits from Members who have sponsored
Accounts at DTC.\32\ This proposed rule would reduce the period in
which NSCC may retain a Member's Actual Deposit pursuant to the current
rule.\33\
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    \31\ Id. at 901-902.
    \32\ Id.
    \33\ Id. at 907.
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III. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \34\ to determine whether the Proposed Rule
Change should be approved or disapproved. Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the Proposed Rule Change. Institution of proceedings does not
indicate that the Commission has reached any conclusions with respect
to any of the issues involved. Rather, the Commission seeks and
encourages interested persons to comment on the Proposed Rule Change,
and provide the Commission with arguments to support the Commission's
analysis as to whether to approve or disapprove the Proposed Rule
Change.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\35\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of, and input from commenters with respect to, the Proposed
Rule Change's consistency with Section 17A of the Act,\36\ and the
rules thereunder, including the following provisions:
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    \35\ Id.
    \36\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

     Section 17A(b)(3)(F) of the Act,\37\ which requires, among
other things, that the rules of a clearing agency, such as NSCC, must
be designed to promote the prompt and accurate clearance and settlement
of securities transactions, to assure the safeguarding of securities
and funds which are in the custody or control of the clearing agency or
for which it is responsible, and to protect investors and the public
interest;
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(13) under the Act,\38\ which requires, in
general, a covered clearing agency, such as NSCC, to establish,
implement, maintain and enforce written policies and procedures
reasonably designed to ensure the covered clearing agency has the
authority and operational capacity to take timely action to contain
losses and liquidity demands and continue to meet its obligations.
---------------------------------------------------------------------------

    \38\ 17 CFR 240.17Ad-22(e)(13).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(23)(i) under the Act,\39\ which requires a
covered clearing agency, such as NSCC, to establish, implement,
maintain and enforce written policies and procedures reasonably
designed to publicly disclose all relevant rules and material
procedures, including key aspects of its default rules and procedures.
---------------------------------------------------------------------------

    \39\ 17 CFR 240.17Ad-22(e)(23)(i).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and

arguments with respect to the issues identified above, as well as any
other concerns they may have with the Proposed Rule Change. In
particular, the Commission invites the written views of interested
persons concerning whether the Proposed Rule Change is consistent with
Section 17A(b)(3)(F) of the Act,\40\ Rule 17Ad-22(e)(13) under the
Act,\41\ Rule 17Ad-22(e)(23)(i) under the Act,\42\ or any other
provision of the Act, or the rules and regulations thereunder. Although
there do not appear to be any issues relevant to approval or
disapproval that would be facilitated by an oral presentation of views,
data, and arguments, the Commission will consider, pursuant to Rule
19b-4(g) under the Act,\43\ any request for an opportunity to make an
oral presentation.\44\
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    \40\ 15 U.S.C. 78q-1(b)(3)(F).
    \41\ 17 CFR 240.17Ad-22(e)(13).
    \42\ 17 CFR 240.17Ad-22(e)(23)(i).
    \43\ 17 CFR 240.19b-4(g).
    \44\ Section 19(b)(2) of the Act grants to the Commission
flexibility to determine what type of proceeding--either oral or
notice and opportunity for written comments--is appropriate for
consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the Proposed Rule Change should be approved
or disapproved by April 16, 2018. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
April 30, 2018.
    The Commission asks that commenters address the sufficiency of
NSCC's statements in support of the Proposed Rule Change, which are set
forth in the Notice,\45\ in addition to any other comments they may
wish to submit about the Proposed Rule Change.
---------------------------------------------------------------------------

    \45\ See Notice, supra note 4.
---------------------------------------------------------------------------

    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 protected]. Please include
File Number SR-NSCC-2017-018 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2017-018. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the Proposed Rule Change that are filed with
the Commission, and all written communications relating to the Proposed
Rule Change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of NSCC and on The Depository Trust
& Clearing Corporation's website (http://dtcc.com/legal/sec-rule-filings.aspx). All comments received will be posted without change.
Persons submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NSCC-2017-018 and should be
submitted on or before April 16, 2018. Rebuttal comments should be
submitted by April 30, 2018.
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    \46\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\46\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-06016 Filed 3-23-18; 8:45 am]
 BILLING CODE 8011-01-P