[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56722-56724]
[FR Doc No: 2016-19900]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32219; 812-14632]

Davis Fundamental ETF Trust, et al.; Notice of Application

August 16, 2016.
    Agency: Securities and Exchange Commission (``Commission'').
    Action: Notice of an application for an order under section 6(c) of
the Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1
under the Act, under sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under
section 12(d)(1)(J) for an exemption from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act. The requested order would permit (a) actively-
managed series of certain open-end management investment companies
(``Funds'') to issue shares redeemable in large aggregations only
(``Creation Units''); (b) secondary market transactions in Fund shares
to occur at negotiated market prices rather than at net asset value
(``NAV''); (c) certain Funds to pay redemption proceeds, under certain
circumstances, more than seven days after the tender of shares for
redemption; (d) certain affiliated persons of a Fund to deposit
securities

into, and receive securities from, the Fund in connection with the
purchase and redemption of Creation Units; and (e) certain registered
management investment companies and unit investment trusts outside of
the same group of investment companies as the Funds (``Funds of
Funds'') to acquire shares of the Funds.
    Applicants: Davis Fundamental ETF Trust (the ``Trust''), a Delaware
statutory trust, which will be registered under the Act as an open-end
management investment company with multiple series, Davis Selected
Advisers, L.P. (the ``Initial Adviser''), an investment adviser
registered under the Investment Advisers Act of 1940, and Foreside Fund
Services, LLC (the ``Distributor''), a broker-dealer registered under
the Securities Exchange Act of 1934 (``Exchange Act'').
    Filing Dates: The application was filed on March 24, 2016, and
amended on June 14, 2016 and August 15, 2016.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 12, 2016, and should be accompanied by proof of
service on applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.
    Addresses: Secretary, Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090; Applicants: 2949 E. Elvira Road,
Suite 101, Tucson, Arizona 85756.
    For Further Information Contact: Hae-Sung Lee, Attorney-Adviser, at
(202) 551-7345, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).
    Supplementary Information: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.
    Summary of the Application
    1. Applicants request an order that would allow Funds to operate as
actively-managed exchange traded funds (``ETFs'').\1\ Fund shares will
be purchased and redeemed at their NAV in Creation Units only. All
orders to purchase Creation Units and all redemption requests will be
placed by or through an ``Authorized Participant'', which will have
signed a participant agreement with the Distributor. Shares will be
listed and traded individually on a national securities exchange, where
share prices will be based on the current bid/offer market. Any order
granting the requested relief would be subject to the terms and
conditions stated in the application.
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    \1\ Applicants request that the order apply to the initial Fund,
as well as to future series of the Trust and any future open-end
management investment companies or series thereof (each, included in
the term ``Fund''), each of which will operate as an actively-
managed ETF. Any Fund will (a) be advised by the Initial Adviser or
an entity controlling, controlled by, or under common control with
the Initial Adviser (each, an ``Adviser'') and (b) comply with the
terms and conditions of the application.
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    2. Each Fund will consist of a portfolio of securities and other
assets and investment positions (``Portfolio Instruments''). Each Fund
will disclose on its Web site the identities and quantities of the
Portfolio Instruments that will form the basis for the Fund's
calculation of NAV at the end of the day.
    3. Shares will be purchased and redeemed in Creation Units and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified in the
application, purchasers will be required to purchase Creation Units by
depositing specified instruments (``Deposit Instruments''), and
shareholders redeeming their shares will receive specified instruments
(``Redemption Instruments''). The Deposit Instruments and the
Redemption Instruments will each correspond pro rata to the positions
in the Fund's portfolio (including cash positions) except as specified
in the application.
    4. Because shares will not be individually redeemable, applicants
request an exemption from section 5(a)(1) and section 2(a)(32) of the
Act that would permit the Funds to register as open-end management
investment companies and issue shares that are redeemable in Creation
Units only.
    5. Applicants also request an exemption from section 22(d) of the
Act and rule 22c-1 under the Act as secondary market trading in shares
will take place at negotiated prices, not at a current offering price
described in a Fund's prospectus, and not at a price based on NAV.
Applicants state that (a) secondary market trading in shares does not
involve a Fund as a party and will not result in dilution of an
investment in shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants represent that share market prices will
be disciplined by arbitrage opportunities, which should prevent shares
from trading at a material discount or premium from NAV.
    6. With respect to Funds that hold non-U.S. Portfolio Instruments
and that effect creations and redemptions of Creation Units in kind,
applicants request relief from the requirement imposed by section 22(e)
in order to allow such Funds to pay redemption proceeds within fifteen
calendar days following the tender of Creation Units for redemption.
Applicants assert that the requested relief would not be inconsistent
with the spirit and intent of section 22(e) to prevent unreasonable,
undisclosed or unforeseen delays in the actual payment of redemption
proceeds.
    7. Applicants request an exemption to permit Funds of Funds to
acquire Fund shares beyond the limits of section 12(d)(1)(A) of the
Act; and the Funds, and any principal underwriter for the Funds, and/or
any broker or dealer registered under the Exchange Act, to sell shares
to Funds of Funds beyond the limits of section 12(d)(1)(B) of the Act.
The application's terms and conditions are designed to, among other
things, help prevent any potential (i) undue influence over a Fund
through control or voting power, or in connection with certain
services, transactions, and underwritings, (ii) excessive layering of
fees, and (iii) overly complex fund structures, which are the concerns
underlying the limits in sections 12(d)(1)(A) and (B) of the Act.
    8. Applicants request an exemption from sections 17(a)(1) and
17(a)(2) of the Act to permit persons that are Affiliated Persons, or
Second Tier Affiliates, of the Funds, solely by virtue of certain
ownership interests, to effectuate purchases and redemptions in-kind.
The deposit procedures for in-kind purchases of Creation Units and the
redemption procedures for in-kind redemptions of Creation Units will be
the same for all purchases and redemptions and Deposit Instruments

and Redemption Instruments will be valued in the same manner as those
Portfolio Instruments currently held by the Funds. Applicants also seek
relief from the prohibitions on affiliated transactions in section
17(a) to permit a Fund to sell its shares to and redeem its shares from
a Fund of Funds, and to engage in the accompanying in-kind transactions
with the Fund of Funds.\2\ The purchase of Creation Units by a Fund of
Funds directly from a Fund will be accomplished in accordance with the
policies of the Fund of Funds and will be based on the NAVs of the
Funds.
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    \2\ The requested relief would apply to direct sales of shares
in Creation Units by a Fund to a Fund of Funds and redemptions of
those shares. Applicants, moreover, are not seeking relief from
section 17(a) for, and the requested relief will not apply to,
transactions where a Fund could be deemed an Affiliated Person, or a
Second-Tier Affiliate, of a Fund of Funds because an Adviser or an
entity controlling, controlled by or under common control with an
Adviser provides investment advisory services to that Fund of Funds.
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    9. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19900 Filed 8-19-16; 8:45 am]
 BILLING CODE 8011-01-P


MEMORANDUM

DATE:                  12/1/14

FROM:                Ken Mitchell/EPA Region 4

TO:                      Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

SUBJECT:            Discussion of the Clean Power Plan at the Southern Company's Technical Conference

SUMMARY:         REGION 4 PROVIDED INFORMATION ON THE CLEAN POWER PLAN TO A GROUP OF Southern Company scientists, engineers, and managers at the Southern Company Technical Conference in Birmingham, AL, on August 3, 2014.  The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.   ATTENDEES:

EPA Heather McTeer Toney/EPA R4  Anne Heard/EPA R4 Javoyne Hicks White/EPA R4 Brandi Jenkins/EPA R4

External Stakeholders Approximately 150 Southern Company Employees


[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Page 36272]
[FR Doc No: 2021-14665]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2336-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Tecolote 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 July 22, 2021.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 2, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-14665 Filed 7-8-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Notices]
[Pages 22744-22746]
[FR Doc No: 2014-09205]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71961; File No. SR-NASDAQ-2014-036]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Clarify the Rule Governing
the Operation of the Closing Cross in Circumstances Where a Pause
Triggered Under the LULD Plan Would Be Triggered After 3:50 p.m. EST

April 17, 2014.
    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 April 9, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    (a) The Exchange proposes to amend Exchange Rule 4754 governing the
NASDAQ Closing Cross (``Cross'') to accommodate changes in market
structure triggered by Phase 2 of the Plan To Address Extraordinary
Market Volatility submitted to the Commission pursuant to Rule 608 of
Regulation NMS (``LULD Plan''). Specifically, NASDAQ proposes to
clarify the rule governing the operation of the Cross in circumstances
where a pause triggered under the LULD Plan would be triggered after
3:50 p.m. EST.
    Changes to the rule text are shown in the attached Exhibit 5.\3\ A
copy of this filing is available on the Exchange's Web site at http://nasdaq.cchwallstreet.com, at NASDAQ's principal office, and at the
Commission's Public Reference Room.
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    \3\ The Commission notes the Exhibit 5 is attached to the filing
submitted by the Exchange but is not attached to the published
notice of the filing.
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    (b) Not applicable.
    (c) Not applicable.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Background. As set forth in detail in prior filings, on May 31,
2012, the Commission approved the LULD Plan, as amended, as a one-year
pilot, which began on April 8, 2013.\4\ The LULD Plan is designed to
prevent trades in individual NMS Stocks from occurring outside of
specified Price Bands calculated and disseminated by the Network
Processors.\5\
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    \4\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (Order Approving,
on a Pilot Basis, the National Market System Plan To Address
Extraordinary Market Volatility). Unless otherwise specified,
capitalized terms used in this rule filing are based on the defined
terms of the Plan.
    \5\ See Section (V)(A) of the LULD Plan.
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    Under Phase 2 (Amendment No. 6) of the Plan,\6\ the Plan's
operative time is to be extended from 3:45 p.m. until 4:00 p.m.; full
implementation of Phase 2 was scheduled to take effect on February 24,
2014. In anticipation of the February 24th implementation date, NASDAQ
proposed to establish the LULD Closing Cross, an alternate mechanism to
close a security that is subject to a Trading Pause within the last ten
minutes of regular trading. The Commission approved that proposal on
February 21, 2014.\7\ However, NASDAQ delayed final implementation of
Phase 2 for NASDAQ-listed securities \8\ when the final industry-wide
test of the new LULD Closing Cross failed to meet NASDAQ's testing
standards. NASDAQ conducted successful, additional testing on March 15
and 22, 2014 and plans further testing on April 12, 2014. Assuming all
testing is successful, NASDAQ would complete final implementation of
Phase 2 of the LULD Plan shortly thereafter, on a date to be announced
to all market participants through a widely disseminated notice.
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    \6\ See Securities Exchange Act Release No. 71247 (January 7,
2014), 79 FR 2204 (January 13, 2014) (File No. 4-631).
    \7\ See Securities Exchange Act Release No. 71597 (Feb. 21,
2014), 79 FR 11169 (Feb. 27, 2014) (SR-NASDAQ-2014-004).
    \8\ Phase 2 of the LULD Plan was implemented for securities
listed on other exchanges as planned on February 24, 2014.
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    During the testing conducted to date, NASDAQ has identified several
minor, technical clarifications to the approved rule governing the LULD
Closing Cross, NASDAQ Rule 4754(b)(6), as well as the description of
that rule in SR-NASDAQ-2014-004. First, NASDAQ is clarifying the timing
of the commencement of the After Hours Trading session and the
treatment of Good-til-Cancelled (``GTC'') orders in the event the LULD
Closing Cross is delayed until 5:00 p.m. due to continuing volatility.
In the approved proposal, NASDAQ stated:

    If this condition persists until 5:00 p.m., NASDAQ will not
conduct an LULD Closing Cross in that security and shall instead use
the last-sale on NASDAQ as the NASDAQ Official Closing Price in that
security for that trading day. In that event, all orders will be
cancelled back to the entering firms, and after hours trading will
begin at 5:00 p.m.\9\
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    \9\ 79 FR at 2494.

In addition, Rule 4754 states that ``After Hours Trading shall commence
after the LULD Closing Cross executes unless the volatility condition
persists until 5:00 p.m. in which case there will [sic] After Hours
Trading will begin at 5:00 p.m.'' \10\ and ``NASDAQ shall continue
disseminating the NOII every five seconds until the execution of the
LULD Closing Cross or until 5:00 p.m. whichever is later.'' \11\
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    \10\ Rule 4754(b)(6)(A)(iii).
    \11\ Rule 4754(a)(6)(B).
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    In fact, the process of cancelling orders would not be
instantaneous, and After Hours Trading would begin only when the
process is complete. Moreover, all orders are not automatically
cancelled back to the entering firm. GTC orders require special
treatment due to the fact that firms presume that they will remain on
the book overnight, potentially over many nights. The actual process is
better described as follows:

    If this condition persists until 5:00 p.m., NASDAQ will not
conduct an LULD Closing Cross in that security and shall instead use
the last-sale on NASDAQ as the NASDAQ Official Closing Price in that
security for that trading day. In that event, NASDAQ will commence a
process of cancelling all orders (other than orders with a time-in-
force of good-till-cancelled) back to the entering firms, and after
hours trading will commence upon the completion of that process. In
the case of both Market Hours GTC orders and Good-til-Market Close
orders, the orders will

be removed from the continuous book and placed in a suspended state.
Entering firms will have the option to cancel those orders or allow
them to be re-entered into the system on the following trading
day.\12\
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    \12\ Similarly, NASDAQ is amending Rule 4754(b)(6)(A)(iii) and
(B) to describe the timing of the commencement of After Hours
Trading and the treatment of GTC orders in circumstances where an
LULD Closing Cross has not occurred by 5:00 p.m.

    The second clarification relates to the entry of orders during an
LULD Trading Pause prior to and after 4:00 p.m. Rule 4754, as approved,
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states that:

    During the pause and prior to 4:00 p.m., entry of market orders
is prohibited. New Imbalance Only Orders may also be entered and
modified to increase shares represented, but can't be cancelled
during the pause.\13\
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    \13\ Rule 4754(b)(6)(C)(iii) (emphasis added).

    In fact, NASDAQ should have said that entry of market pegged
orders, rather than market orders, is prohibited after 4:00 p.m. As
provided in Rule 4751, a market pegged order is an order whose price is
pegged to the opposite side of the market. In addition, NASDAQ rules do
not currently define a market order. By omitting the word ``pegged'',
the proposal improperly implied that NASDAQ's system otherwise accepts
market orders at this or any other time of day. Accordingly, NASDAQ is
proposing to modify the text of the rule to make this clarification.
    The third clarification also relates to the entry of orders during
the LULD Trading Pause. Rule 4754, as approved, states that:

    During the pause and prior to 4:00 p.m., new market and limit
orders of any order type and any time in force may be entered,
modified, and cancelled and may participate in the LULD Closing
Cross.\14\
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    \14\ Id.

The words ``market and limit'' in this context was inadvertently
confusing in two ways. First, as stated above, NASDAQ rules do not
define ``market'' orders as such. Therefore, the inclusion of that term
is erroneous. Second, the reference to orders of any type or time in
force is vague. It is clearer in this context to describe what is
prohibited rather than what is permitted. Finally, the use of ``market
and limit'' could be read to refer to Market on Close and Limit on
Close orders. However, as otherwise provided in Rule 4754, MOC and LOC
orders may not be submitted after 3:50:00, and NASDAQ was not proposing
to modify this restriction. Accordingly, for the avoidance of doubt,
NASDAQ proposes to clarify the treatment of MOC and LOC orders as
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follows:

    During the pause and prior to 4:00 p.m., new orders (other than
MOC and LOC orders, which may not be submitted after 3:50) may be
entered, modified, and cancelled and may participate in the LULD
Closing Cross.

    NASDAQ believes that this modification will make clearer to members
that, as in all circumstances, MOC and LOC orders cannot be cancelled
after 3:50 p.m. without special intervention by NASDAQ personnel, and
that they cannot be cancelled after 3:55 p.m. under any circumstances.
    Finally, NASDAQ is modifying the text of Rule 4754(b)(6) to replace
a statement that a stock subject to a Trading Pause will ``open'' with
a more accurate statement that the stock will ``resume trading'' and is
amending Rule 4754(b)(6)(C)(iii) to correct a typographical error.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \15\ in general, and furthers the objectives of
Section 6(b)(5),\16\ in particular, in that it is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
The proposal is consistent with this provision in that it will ensure
that the Exchange will comply with the LULD Plan. The LULD Closing
Cross, as originally proposed, is designed to balance the need for
transparency and liquidity with the need to move quickly from a Trading
Pause to a closing price. NASDAQ believes that it has accomplished
these goals to the maximum extent possible. The Exchange also believes
that the proposed clarifications, which are minor and technical in
nature, are consistent with the Act in that they make clearer the
existing Exchange rules and the obligations those rule impose on
members.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, the
proposal is specifically designed to comply with the LULD Plan and,
thereby, to ensure cooperation between and among all national
securities exchanges and FINRA to promote uniform and effective
regulation of the national market system. In actuality, the proposal is
pro-competitive because it promotes fair and orderly markets and
investor protection, which in turn will buttress investor confidence
and attract more investors into U.S. equities markets.

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

    No written comments were either solicited or received.

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 from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6)(iii) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because it will ensure that the text of Rule 4754 fully conforms to the
operation of the LULD Closing Cross upon launch. For this reason, the
Commission waives the operative delay and designates the proposed rule
change to be operative upon filing.\19\
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    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings

to determine whether the proposed rule should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-036 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-NASDAQ-2014-036. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2014-036, and should be submitted on or before
May 14, 2014.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-09205 Filed 4-22-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Notices]
[Pages 65876-65878]
[FR Doc No: 2020-22884]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0062]

Powered Industrial Trucks Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Powered Industrial
Trucks Standard. The information collection requirements address truck
design, construction and modification, as well as certification of
training and evaluation for truck operators.

DATES: Comments must be submitted (postmarked, sent, or received) by
December 15, 2020.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0062, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 10:00 a.m. to 3:00 p.m., ET. Please note: While OSHA's
Docket Office is continuing to accept and process submissions by
regular mail, due to the COVID-19 pandemic, the Docket Office is closed
to the public and not able to receive submissions to the docket by
hand, express mail, messenger, and courier service.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2011-0062) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, such as social security number and date of birth, are placed
in the public docket without change, and may be made available online
at http://www.regulations.gov. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,

OSHA, U.S. Department of Labor; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    Paragraph (a)(4) of the Powered Industrial Trucks Standard requires
employers to obtain the manufacturer's written approval before
modifying a truck in a manner that affects the capacity and safe
operation; if the manufacturer grants such approval, the employer must
revise capacity, operation, and maintenance instruction plates, tags,
and decals accordingly. For front-end attachments not installed by the
manufacturer, paragraph (a)(5) mandates that employers provide a marker
on the trucks that identifies the attachment, as well as the weight of
both the truck and the attachment when the attachment is at maximum
elevation with a laterally centered load. Paragraph (a)(6) specifies
that employers must ensure that the markers required by paragraphs
(a)(3) through (a)(5) remain affixed to the trucks and are legible.
    Paragraphs (1)(4) and (1)(6) of the Standard contain the paperwork
requirements necessary to certify the evaluation and training provided
to powered industrial truck operators. Accordingly, these paragraphs
specify the following requirements for employers.
     Paragraph (1)(4)(iii)--evaluate each operator's
performance at least once every three years.
     Paragraph (l)(6)--Certify that each operator meets the
training and evaluation requirements specified by paragraph (l). This
certification must include the operator's name, the training date, the
evaluation date, and the identity of the individual(s) who performed
the training and evaluation.
    Requiring labels (markings) on modified equipment notifies workers
of the conditions under which they can safely operate powered
industrial trucks, thereby preventing such hazards as fires and
explosions caused by poorly designed electrical systems, rollovers/
tipovers that result from exceeding a truck's stability
characteristics, and falling loads that occur when loads exceed the
lifting capacities of attachments. Certification of worker training and
evaluation provides a means of informing employers that their workers
received the training and demonstrated the performance necessary to
operate a truck within the capacity and control limitations. By
ensuring that workers operate only trucks that are in proper working
order, and do so safely, employers prevent possible severe injury or
death of truck operators and other workers who are in the vicinity of
the trucks. Finally, these paperwork requirements are the most
efficient means for an OSHA compliance officer to determine that an
employer properly notified workers about the design and construction
of, and modifications made to, the trucks they are operating, and that
an employer provided them with the required training.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is proposing to increase the existing burden hour estimate of
the collection of information requirements specified by the Standard.
In this regard, the agency is proposing to increase the current burden
hour estimate from 427,866 hours to 450,023 hours, a total increase of
22,257 hours. An increase in the number of powered industrial truck
operators from 1,210,679 to 1,276,055 resulted in this increase. The
agency will summarize the comments submitted in response to this notice
and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Powered Industrial Trucks (29 CFR 1910.178).
    OMB Control Number: 1218-0242.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,276,055.
    Number of Responses: 2,526,588.
    Frequency of Reponses: On occasion; annually; triennially.
    Average Time per Response: Ranges from two minutes to mark an
approved truck to 30 minutes to perform an evaluation.
    Estimated Total Burden Hours: 450,023.
    Estimated Cost (Operation and Maintenance): $256,626.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials must identify the agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2011-
0062). You may supplement electronic submissions by uploading document
files electronically. If you wish to mail additional materials in
reference to an electronic or facsimile submission, you must submit
them to the OSHA Docket Office (see the section of this notice titled
ADDRESSES). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so that
the agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).

    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the website, and for assistance in using the internet to
locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on October 9, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-22884 Filed 10-15-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Page 22400]
[FR Doc No: 2010-9750]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0681; FRL-8822-3]

Draft Test Guidelines; Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; reopening of comment period.

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

SUMMARY: EPA issued a notice in the Federal Register of January 27,
2010, concerning four draft test guidelines for product performance of
public health uses of antimicrobial agents. EPA received a request from
the public to extend the comment period. After further consideration,
EPA decided to reopen the comment period to allow additional time for
public comments. This document reopens the comment period for 60 days.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2009-0681, must be received on or before June 28, 2010.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of January 27, 2010.

FOR FURTHER INFORMATION CONTACT: Michele Wingfield, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This document reopens the public comment
period established in the Federal Register issue of January 27, 2010
(75 FR 4380) (FRL-8437-2). In that document, EPA announced the
availability of four draft test guidelines for product performance of
public health uses of antimicrobial agents for public review and
comment. EPA is hereby reopening the comment period.
    To submit comments, or access the docket identified as docket ID
number EPA-HQ-OPP-2009-0681, please go to http://www.regulations.gov.
Please follow the on-line instructions for submitting comments, or
follow the detailed instructions as provided under ADDRESSES in the
January 27, 2010 Federal Register document. If you have questions,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Chemical testing, Test guidelines.

    Dated: April 19, 2010.
Steven Bradbury,
Acting Director, Office of Pesticide Programs.

[FR Doc. 2010-9750 Filed 4-27-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67004-67006]
[FR Doc No: 2016-23552]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0042]

OSHA's Conflict of Interest and Disclosure Form; Extension of the
Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the proposed Conflict
of Interest (COI) and Disclosure Form, which will be used to determine
whether or not a conflict of interest exists for a potential peer
review panel member.

DATES: Comments must be submitted (postmarked, sent, or received) by
November 28, 2016.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2009-0042,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of

Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45
p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2009-0042) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires OSHA to obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    OSHA conducts peer reviews to review a draft product for quality by
specialists in the field who were not involved in producing the draft.
The selection of participants in a peer review is based on expertise,
with due consideration of independence. The Office of Management and
Budget published the Final Information Quality Bulletin for Peer Review
on December 15, 2004. The Bulletin states ``. . . the agency must
address reviewers' potential conflicts of interest (including those
stemming from ties to regulated businesses and other stakeholders) and
independence from the agency.'' The Bulletin requires agencies to adopt
or adapt the committee selection policies employed by the National
Academy of Sciences (NAS) when selecting peer reviewers who are not
Government employees. To fulfill this requirement, OSHA has developed a
Conflict of Interest (COI) and Disclosure Form, based on NAS' Conflict
of Interest Disclosure form. This form will be used to determine
whether or not a conflict exists for a potential peer review panel
member.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    There are no changes in burden hours from the previous Information
Collection Request for obtaining the necessary background information
and disclosure of conflict of interest information to ensure that
invited experts are not compromised. There are no costs as discussed
under Item 13 of the Supporting Statement.
    Type of Review: Extension of a currently approved collection.
    Title: OSHA's Conflict of Interest (COI) and Disclosure Form.
    OMB Control Number: 1218-0255.
    Affected Public: Individuals and Households.
    Number of Respondents: 36.
    Frequency of Responses: On occasion.
    Total Responses: 36.
    Average Time per Response: OSHA estimates it will take one-half
hour to complete the COI Short form, and one (1) hour to complete the
COI Long form.
    Estimated Total Burden Hours: 27.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2009-0042). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://

www.regulations.gov Web site to submitcomments and access the docket is
available at the Web site's ``User Tips'' link. Contact the OSHA Docket
Office for information about materials not available from the Web site
and for assistance in using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on September 26, 2016.
David Michaels,
Assistant Secretary of Labor, for Occupational Safety and Health.
[FR Doc. 2016-23552 Filed 9-28-16; 8:45 am]
 BILLING CODE 4510-26-P