[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40571-40575]
[FR Doc No: 2022-14398]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95191; File No. SR-FINRA-2022-016]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend FINRA Rule 6120 (Trading Halts) To
Conform to Recent Amendments to the SIP Plans and To Make Technical and
Clarifying Changes to the Rule

June 30, 2022.
    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 June 22, 2022, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 6120 (Trading Halts) to
conform to recent amendments to the NMS plans governing the collection,
consolidation and dissemination of quotation and transaction
information for NMS stocks and to make technical and clarifying changes
to the rule.\4\
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    \4\ See CTA/CQ Approval Order and UTP Approval Order, infra note
10.
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    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    FINRA Rule 6120 provides FINRA with the authority to halt trading
otherwise than on an exchange in NMS stocks under the circumstances
specified in Rule 6120(a) and pursuant to the procedures set forth in
Rule 6120(b). Rule 6120(a)(1) provides that FINRA shall halt trading
otherwise than on an exchange in any NMS stock whenever any market that
has the authority to call a regulatory halt in the security imposes a
trading halt, or suspends a listing, to: (a) permit dissemination of
material news; (b) obtain information from the issuer relating to
material news; (c) obtain information relating to the issuer's ability
to meet listing qualification requirements; or (d) obtain any other
information that is necessary to protect investors and the public
interest.
    In addition, Rule 6120(a)(2) provides that FINRA shall halt trading
otherwise than on an exchange in any NMS stock when extraordinary
market activity in the security is occurring, such as the execution of
a series of transactions for a significant dollar value at prices
substantially unrelated to the current market for the security, as
measured by the national best bid or offer. To halt trading under this
provision, FINRA must determine that such extraordinary market activity
is likely to have a material effect on the market for the security and
either (i) FINRA determines that such extraordinary market activity is
caused by the misuse or malfunction of an electronic quotation,
communication, reporting, or execution system operated by, or linked
to, FINRA, or (ii) after consultation with a national securities
exchange trading the security, FINRA determines that such extraordinary
market activity is caused by the misuse or malfunction of an electronic
quotation, communication, reporting, or execution system operated by,
or linked to, such other national securities exchange. Rule 6120(a)(3)
addresses FINRA's authority to close its quotation display and trade
reporting facilities for NMS stocks under specified circumstances.
Specifically, Rule 6120(a)(3) provides that FINRA shall close the
Alternative Display Facility (``ADF'') \5\ or any Trade Reporting
Facility (``TRF'') \6\ to quotation or trade reporting activity, as
applicable, whenever the ADF or TRF is unable to transmit real-time
trade reporting information to the applicable Securities Information
Processor (SIP'').\7\ If the ADF or any TRF closes pursuant to this
provision, members are not prohibited from trading through other
markets for which trading is not halted.\8\
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    \5\ The ADF is a display-only facility operated by FINRA that
provides FINRA members with a mechanism to display quotations and
report over-the-counter (``OTC'') transactions in NMS stocks.
    \6\ The TRFs provide FINRA members with a mechanism to report
OTC transactions in NMS stocks. There are currently three active
TRFs: (1) FINRA/Nasdaq TRF Carteret, (2) FINRA/Nasdaq TRF Chicago
and (3) FINRA/NYSE TRF. While each TRF is operated by an affiliate
of a registered national securities exchange, each TRF is a FINRA
facility and subject to FINRA's oversight.
    \7\ Currently, there are two SIPs that are responsible for
collecting, consolidating and disseminating quotation and
transaction information in NMS stocks that is collected pursuant to
the following three NMS plans: (1) the Joint Self-Regulatory
Organization Plan Governing the Collection, Consolidation and
Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading
Privileges Basis (the ``UTP Plan''), (2) the Second Restatement of
the CTA Plan (the ``CTA Plan''), and (3) the Restated CQ Plan (the
``CQ Plan'' and, collectively with the UTP Plan and the CTA Plan,
the ``SIP Plans''). FINRA and the national securities exchanges are
participants of the SIP Plans (collectively, the ``Participants'').
    \8\ Rule 6120(a) also requires members to promptly notify FINRA
whenever they have knowledge of any matter related to an NMS stock
or the issuer thereof that has not been adequately disclosed to the
public or where they have knowledge of a regulatory problem relating
to such security. FINRA is not proposing any changes to this
requirement.

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    Rule 6120(b) sets forth the procedures for commencement and
termination of trading halts and closures declared under Rule 6120(a).
Rule 6120(b)(1) provides that the commencement of a trading halt or
closure, as applicable, will be effective simultaneously with
appropriate notice. Rule 6120(b)(2) provides that trading shall resume
upon appropriate notice that a trading halt or closure is no longer in
effect.
    In February 2021, the Participants filed proposed amendments to the
provisions of the SIP Plans governing regulatory and operational halts
(the ``SIP Plan Amendments'').\9\ The Commission approved the SIP Plan
Amendments on May 28, 2021.\10\ Among other things, the SIP Plan
Amendments updated and clarified the process for Regulatory Halts under
the SIP Plans. Under the SIP Plan Amendments, the Primary Listing
Market may also declare a Regulatory Halt in any security for which it
is the Primary Listing Market,\11\ as provided for in the rules of the
Primary Listing Market, if it determines that there is a SIP
Outage,\12\ Material SIP Latency,\13\ Extraordinary Market
Activity,\14\ or in the event of national, regional, or localized
disruption that necessitates a Regulatory Halt to maintain a fair and
orderly market.\15\ The SIP Plan Amendments also clarified that the
start time of a Regulatory Halt is when the Primary Listing Market
declares the halt, regardless of whether an issue with communications
impacts the dissemination of the notice.\16\ For Regulatory Halts other
than SIP Halts, the Primary Listing Market will declare the resumption
of trading when it determines that trading may resume in a fair and
orderly manner and in accordance with its rules.\17\ Where such a
Regulatory Halt is initiated by another Participant that is a Primary
Listing Market, a Participant may resume trading after the Participant
receives notification from the Primary Listing Market that the
Regulatory Halt has been terminated.\18\ For SIP Halts, the Primary
Listing Market will terminate the halt with a notification that
specifies a SIP Halt Resume Time.\19\
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    \9\ See Securities Exchange Act Release No. 91189 (February 23,
2021), 86 FR 12038 (March 1, 2021) (``CTA/CQ Amendments Release'');
Securities Exchange Act Release No. 91190 (February 23, 2021), 86 FR
12045 (March 1, 2021) (``UTP Amendments Release'').
    \10\ See Securities Exchange Act Release No. 92070 (May 28,
2021), 86 FR 29849 (June 3, 2021) (``CTA/CQ Approval Order'');
Securities Exchange Act Release No. 92071 (May 28, 2021), 86 FR
29846 (June 3, 2021) (``UTP Approval Order'').
    \11\ See, e.g., UTP Amendments Release, supra note 9, at 12046.
``Regulatory Halt'' is defined in the SIP Plan Amendments as ``a
halt declared by the Primary Listing Market in trading in one or
more securities on all Trading Centers for regulatory purposes,
including for the dissemination of material news, news pending,
suspensions, or where otherwise necessary to maintain a fair and
orderly market. A Regulatory Halt includes a trading pause triggered
by Limit Up Limit Down, a halt based on Extraordinary Market
Activity, a trading halt triggered by a Market-Wide Circuit Breaker,
and a SIP Halt.'' See id. at 12046 n.8. The ``Primary Listing
Market'' is defined as ``the national securities exchange on which
an Eligible Security is listed. If an Eligible Security is listed on
more than one national securities exchange, Primary Listing Market
means the exchange on which the security has been listed the
longest.'' See id. at 12046 n.9. All capitalized terms not otherwise
defined herein have the meaning given to them in the SIP Plans, as
amended by the SIP Plan Amendments.
    \12\ ``SIP Outage'' is defined as ``a situation in which the
Processor has ceased, or anticipates being unable, to provide
updated and/or accurate quotation or last sale price information in
one or more securities for a material period that exceeds the time
thresholds for an orderly failover to backup facilities established
by mutual agreement among the Processor, the Primary Listing Market
for the affected securities, and the Operating Committee unless the
Primary Listing Market, in consultation with the Processor and the
Operating Committee, determines that resumption of accurate data is
expected in the near future.'' See, e.g., UTP Amendments Release,
supra note 9, at 12046 n.10.
    \13\ ``Material SIP Latency'' is defined as ``a delay of
quotation or last sale price information in one or more securities
between the time data is received by the Processor and the time the
Processor disseminates the data over the high speed line or over the
`high speed line' under the CQ Plan, which delay the Primary Listing
Market determines, in consultation with, and in accordance with,
publicly disclosed guidelines established by the Operating
Committee, to be (a) material and (b) unlikely to be resolved in the
near future.'' See, e.g., UTP Amendments Release, supra note 9, at
12046 n.11. A ``SIP Halt'' includes any Regulatory Halt in one or
more securities that a Primary Listing Market declares in the event
of a SIP Outage or Material SIP Latency.
    \14\ ``Extraordinary Market Activity'' is defined as ``a
disruption or malfunction of any electronic quotation,
communication, reporting, or execution system operated by, or linked
to, the Processor or a Trading Center or a member of such Trading
Center that has a severe and continuing negative impact, on a
market-wide basis, on quoting, order, or trading activity or on the
availability of market information necessary to maintain a fair and
orderly market. For purposes of this definition, a severe and
continuing negative impact on quoting, order, or trading activity
includes (i) a series of quotes, orders, or transactions at prices
substantially unrelated to the current market for the security or
securities; (ii) duplicative or erroneous quoting, order, trade
reporting, or other related message traffic between one or more
Trading Centers or their members; or (iii) the unavailability of
quoting, order, transaction information, or regulatory messages for
a sustained period.'' See, e.g., UTP Amendments Release, supra note
9, at 12046 n.12.
    \15\ See, e.g., UTP Amendments Release, supra note 9, at 12046.
    \16\ See, e.g., UTP Plan, Section X.D.1.
    \17\ See, e.g., UTP Amendments Release, supra note 9, at 12046.
    \18\ See, e.g., UTP Plan, Section X.E.2.
    \19\ See, e.g., UTP Amendments Release, supra note 9, at 12046.
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    FINRA is proposing to amend FINRA Rule 6120 to conform to the
updated Regulatory Halt provisions for NMS stocks as set forth in the
SIP Plan Amendments. Under the proposed rule change, Rule 6120 would be
amended as described below to incorporate the definitions, notice and
timing requirements for Regulatory Halts under the SIP Plan Amendments,
as well as to make related organizational, clarifying, and technical
changes.
Authority To Initiate Halts and Facility Closures
    The purpose of Rule 6120(a)(1) is to provide authority for FINRA to
halt OTC trading in an NMS stock when a Primary Listing Market declares
a Regulatory Halt in that NMS stock, so that trading is halted both on
the equity exchanges and in the OTC market. FINRA is proposing
amendments to simplify the text of Rule 6120(a) to delete the list of
specific types of Regulatory Halts and instead provide FINRA with
authority to declare a halt in trading otherwise than on an exchange in
an NMS stock whenever a Primary Listing Market declares any type of
halt that meets the definition of a ``Regulatory Halt'' under the SIP
Plans.\20\ Thus, for example, instead of explicitly adding ``SIP Halt''
to Rule 6120(a)(1), FINRA is amending the rule to tie FINRA's authority
for declaring OTC halts in any NMS stock to the declaration of any
``Regulatory Halt,'' as that term is defined in the SIP Plans, by a
Primary Listing Market.\21\ FINRA believes that using the same terms
(and cross-referencing the definitions) used in the SIP Plan Amendments
would simplify and streamline the rule, as well as avoid any potential
confusion about differences between FINRA's authority under Rule
6120(a)(1) and Regulatory

Halts that are declared by a Primary Listing Market.\22\
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    \20\ The proposed rule change would also update the citation in
Rule 6120(a)(1) for the definition of ``NMS stock'' under Regulation
NMS from Rule 600(b)(47) to Rule 600(b)(55) to reflect recent
reorganization of the defined terms in Rule 600 of Regulation NMS.
    \21\ The proposed rule change would also add new paragraph (c)
to Rule 6120 providing that, for purposes of Rule 6120, the
following terms have the meanings set forth in the applicable SIP
Plan: ``Primary Listing Market,'' ``Processor,'' ``Regulatory
Halt,'' ``SIP Halt Resume Time,'' and ``Trading Center.''
    \22\ The proposed updates should ensure that Rule 6120(a)(1)
remains consistent with the SIP Plans and avoid the need to update
the FINRA rule to account for any changes in the types of Regulatory
Halts covered under the SIP Plans.
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    In addition, Rule 6120(a)(2) would be updated to align FINRA's
authority to declare an OTC trading halt in an NMS stock due to
``extraordinary market activity'' with the scope of that term as
provided for in the SIP Plan Amendments. As described above, Rule
6120(a)(2) provides that FINRA shall halt OTC trading in an NMS stock
when extraordinary market activity is occurring, FINRA determines that
such activity is likely to have a material effect on the market for the
security, and FINRA determines that the activity is caused by the
misuse or malfunction of a system operated by, or linked to, FINRA or a
national securities exchange. Under the proposed rule change, FINRA is
amending this provision to incorporate the elements of the definition
of Extraordinary Market Activity under the SIP Plan Amendments.\23\
Specifically, Rule 6120(a)(2)(A) would be revised to provide halt
authority where extraordinary market activity in a security is
occurring that has a severe and continuing negative impact, on a
market-wide basis, on quoting, order, or trading activity or on the
availability of market information necessary to maintain a fair and
orderly market. Consistent with the SIP Plan Amendments, Rule
6120(a)(2)(A) would further provide that, for purposes of FINRA Rule
6120(a)(2), a severe and continuing negative impact on quoting, order,
or trading activity includes (i) a series of quotes, orders, or
transactions at prices substantially unrelated to the current market
for the security or securities; (ii) duplicative or erroneous quoting,
order, trade reporting, or other related message traffic between one or
more Trading Centers or members; or (iii) the unavailability of
quoting, order, transaction information, or regulatory messages for a
sustained period. Rules 6120(a)(2)(C)(i) and (ii) (to be redesignated
as Rules 6120(a)(2)(B)(i) and (ii)) would also be adjusted in two ways
to further align FINRA's authority with the authority for a Primary
Listing Market to declare a Regulatory Halt in an NMS stock due to
Extraordinary Market Activity under the SIP Plan Amendments. First,
both provisions would be amended to refer to the ``disruption'' or
malfunction of an applicable system, rather than the ``misuse'' or
malfunction of such system. Second, Rule 6120(a)(2)(B)(i) would be
amended to refer to a system operated by, or linked to, a FINRA member
(in addition to a system operated by, or linked to, FINRA itself), and
Rule 6120(a)(2)(B)(ii) would be similarly amended to refer to a system
operated by, or linked to, a member of the exchange trading the
security with which FINRA has consulted (in addition to a system
operated by, or linked to, the exchange itself). FINRA believes that
these proposed conforming amendments would enhance consistency between
FINRA's authority to halt trading in the OTC market for NMS stocks due
to extraordinary market activity with the exchanges' authority to halt
trading due to extraordinary market activity, as set forth in the SIP
Plan Amendments.
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    \23\ To reflect these changes and incorporate the new definition
of ``extraordinary market activity'' within paragraph (a)(2)(A),
paragraph (a)(2)(B) would be deleted and current paragraph (a)(2)(C)
would be redesignated as paragraph (a)(2)(B).
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    FINRA is also proposing several clarifying changes to Rule
6120(a)(3), which provides FINRA with authority to close the ADF or a
TRF to quotation or trade reporting activity in certain
circumstances.\24\ Rule 6120(a)(3) would be amended in several
instances to refer to both quoting and trading, rather than just
trading, since, among other things, the ADF provides FINRA members with
a facility for the display of quotations.\25\ Finally, the proposed
rule change would add a clause to the first sentence of Rule 6120(a)(3)
to further clarify that in addition to circumstances where the ADF or a
TRF is unable to accept quotes or trade reports from participants or
transmit real-time quotation or trade reporting information to the
Processor,\26\ FINRA has the authority to close the relevant facility
in the event of other internal or external systems issues that cause a
severe and continuing negative impact on the functioning of the
facility. For example, a system linked to the ADF or a TRF may cause a
severe and continuing negative impact on the facility. This proposed
additional language would clarify that FINRA's authority to close the
ADF or a TRF extends to instances where a facility's ability to
properly function is impacted by a system linked to the facility (e.g.,
a member's execution or reporting system), as well as malfunctions or
disruptions originating within the facility itself.\27\
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    \24\ As described above, Rule 6120(a) provides authority with
respect to both trading halts and facility closures. Therefore, as
an additional clarifying change, FINRA is also proposing to add a
reference to facility closures in the title of paragraph (a).
    \25\ Specifically, clause (i) in the first sentence would be
amended to provide that FINRA may close a facility when it is unable
to ``accept quotes or trade reports from participants or transmit
real-time quotation or trade reporting information to the applicable
Processor'' and the last sentence would be revised to provide that
if a facility closes ``to quoting or trading . . . members would not
be prohibited from quoting or trading through other markets for
which quoting or trading is not halted.'' In addition, the rule
would be amended to clarify that FINRA shall, ``in its discretion,''
close the ADF or any TRF in such circumstances. This change is a
non-substantive clarification, as FINRA is already responsible for
determining whether circumstances exist that would merit closing the
ADF or a TRF.
    \26\ The existing reference to the applicable ``Securities
Information Processor'' would be amended to refer to the
``Processor'' as defined in the SIP Plan Amendments. See supra note
21.
    \27\ FINRA reminds members that firms must establish, maintain
and enforce written policies and procedures that include a pre-
determined response addressing OTC trading and reporting in the
event of a systems issue during the trading day that prevents the
firm from reporting OTC trades within the timeframe prescribed by
FINRA rules. A firm's procedures should address the firm's response
to a FINRA facility systems issue, as well as an issue with its own
or its vendor's systems. In the event of a widespread FINRA facility
systems issue, firms may only continue to directly execute OTC
trades in NMS stocks if they have connectivity and the ability to
report to another FINRA facility. See Trade Reporting Notice,
January 20, 2016 (OTC Equity Trading and Reporting in the Event of
Systems Issues (``Systems Issues Notice'')). The proposed rule
change would not affect these obligations.
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Commencement and Termination of Halts or Facility Closures
    With respect to the process for initiating and terminating halts or
facility closures, the proposed rule change would amend Rule 6120(b) to
align FINRA's process related to Regulatory Halts declared under Rule
6120(a)(1) with the process specified in the SIP Plan Amendments.
Existing Rule 6120(b) would be reorganized to address Regulatory Halts
initiated under Rule 6120(a)(1) under paragraph (b)(1), and separately
address FINRA halts and facility closures initiated under Rules
6120(a)(2) or (3), respectively, under paragraph (b)(2).\28\ Consistent
with the SIP Plan Amendments, proposed Rule 6120(b)(1) would provide
that, in the case of a Regulatory Halt, the start time of the trading
halt shall be when the Primary Listing Market declares the Regulatory
Halt, regardless of whether an issue with communications impacts the
dissemination of the notice. Further, unless otherwise specified in
Rule 6121,\29\ trading following a Regulatory

Halt shall resume upon notice from the Primary Listing Market that the
Regulatory Halt has been terminated or at the SIP Halt Resume Time
specified in such notice, as applicable. These changes would conform
FINRA's language regarding the commencement and termination of
Regulatory Halts with the language specified in the SIP Plan
Amendments.\30\
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    \28\ In connection with this reorganization, the title of Rule
6120(b) would be updated to include a reference to facility
closures, Rule 6120(b)(1) would be titled ``Regulatory Halts'' and
Rule 6120(b)(2) would be titled ``FINRA Halts and Closures.''
    \29\ Rule 6121 (Trading Halts Due to Extraordinary Market
Activity) sets forth requirements specifically relating to the
resumption of trading following a trading pause pursuant to the
Regulation NMS Plan to Address Extraordinary Market Volatility (the
``Limit Up Limit Down'' Plan). Under the SIP Plan Amendments, a
Limit Up Limit Down trading pause is a type of Regulatory Halt.
    \30\ See supra note 19 and accompanying text.
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    Proposed Rule 6120(b)(2) would incorporate the existing
commencement and termination language under current Rules 6120(b)(1)
and (2), and specify that such provisions apply to trading halts and
facility closures initiated by FINRA under Rule 6120(a)(2) and
(a)(3).\31\ The proposed rule change would also make non-substantive,
clarifying edits to the language of Rule 6120(b)(2).\32\
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    \31\ As noted above, firms must establish, maintain and enforce
written policies and procedures that include a pre-determined
response addressing OTC trading and reporting in the event that a
FINRA facility experiences a widespread systems issue during the
trading day. FINRA has provided guidance regarding how it will
announce when it believes that firms should invoke such procedures.
See Systems Issues Notice, supra note 27, at 2. The proposed rule
change would not affect such guidance.
    \32\ Specifically, Rule 6120(b)(2) would be amended to provide
that ``the commencement of the trading halt or closure will be
effective simultaneously with appropriate notice from FINRA, and the
halt or closure will terminate upon appropriate notice from FINRA
that the trading halt or closure is no longer in effect,'' rather
than ``the commencement of the trading halt or closure will be
effective simultaneously with appropriate notice'' and ``[t]rading
shall resume upon appropriate notice that a trading halt or closure
is no longer in effect.''
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    FINRA has filed the proposed rule change for immediate
effectiveness. The operative date of the proposed rule change will be
30 days from the date of filing.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\33\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. FINRA believes that
conforming its trading halt authority under Rule 6120 with the updated
provisions of the SIP Plans will promote consistency between the
treatment of off-exchange and on-exchange trading in NMS stocks,
thereby enhancing coordination among FINRA and the national securities
exchanges. FINRA further believes that the other proposed technical,
clarifying, and organizational updates to Rule 6120 are in furtherance
of the objectives of the Act by clarifying the scope and operation of
the rule.
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    \33\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Further, the proposed rule
change is expected to have little impact on how FINRA executes trading
halts. Thus, FINRA does not expect the proposed rule change to impose
any additional costs on member firms or the investing public, or to
convey material benefits beyond providing additional clarity and
avoiding potential confusion about differences between FINRA's
authority under Rule 6120 and Regulatory Halts that are declared by a
Primary Listing Market.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing 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 the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \34\ and Rule 19b-
4(f)(6) thereunder.\35\
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    \34\ 15 U.S.C. 78s(b)(3)(A).
    \35\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
FINRA has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. 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 protected]. Please include
File Number SR-FINRA-2022-016 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-FINRA-2022-016. 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 FINRA. 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-FINRA-2022-016 and should be submitted
on or before July 28, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-14398 Filed 7-6-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Notices]
[Page 69210-69211]
[DOCID:fr07de07-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at Southwest Power Pool
Independent Coordinator of Transmission (ICT) Stakeholders Policy
Committee Meeting

December 3, 2007.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meeting noted below. Their
attendance is part of the Commission's ongoing outreach efforts.

ICT Stakeholders Policy Committee Meeting

    December 11, 2007 (9 a.m.-3 p.m. CST), Crowne Plaza Houston North
Greenspoint, 425 N. Sam Houston Pkwy East, Houston, TX 77060, 281-445-
9000.
    The discussions may address matters at issue in the following
proceedings:

Docket No. EL07-52.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. ER08-160....................  Entergy Services, Inc.
Docket No. ER08-161....................  Entergy Services, Inc.
Docket No. ER08-162....................  Entergy Services, Inc.
Docket No. ER07-1385...................  Entergy Services, Inc.
Docket No. ER08-31.....................  Entergy Services, Inc.
Docket No. OA07-32.....................  Entergy Services, Inc.
Docket No. ER05-1065...................  Entergy Services, Inc.

Docket No. EL06-76.....................  Arkansas Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. EL06-78.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. ER07-1252...................  Entergy Services, Inc.
Docket No. EL00-66.....................  Louisiana Public Service
                                          Commission v. Entergy.
Docket No. EL03-230....................  Exxon Mobil v. Entergy.
Docket No. EL05-15.....................  Arkansas Electric Cooperative,
                                          Corp. v. Entergy Arkansas,
                                          Inc.
Docket No. ER06-1555...................  Entergy Services, Inc.
Docket No. ER05-1358...................  KGen Hinds LLC.
Docket No. ER05-1394...................  KGen Hot Spring LLC.
Docket No. ER05-1419...................  Hot Spring Power Company, LP.
Docket No. ER07-985....................  Entergy Services, Inc.
Docket No. ER03-583....................  Entergy Services, Inc.
Docket No. ER03-681....................  Entergy Services, Inc.
Docket No. ER03-682....................  Entergy Services, Inc.
Docket No. ER03-744....................  Entergy Services, Inc.
Docket No. ER07-956....................  Entergy Services, Inc.
Docket No. ER07-682....................  Entergy Services, Inc.

    These meetings are open to the public.
    For more information, contact Amy Demetry, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>

Kimberly D. Bose,
Secretary.
[FR Doc. E7-23766 Filed 12-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Notices]
[Page 38199]
[FR Doc No: 2015-16329]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9021-7]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa

Weekly receipt of Environmental Impact Statements
Filed 06/22/2015 Through 06/26/2015
Pursuant to 40 CFR 1506.9.

Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20150179, Final Supplement, NMFS, FL, Programmatic--Fishery
Management Plan for Regulating Offshore Marine Aquaculture in the Gulf
of Mexico, Review Period Ends: 08/03/2015, Contact: Jess Beck-Stimpert
727-551-5755.
EIS No. 20150180, Final, USFS, AZ, Flagstaff Watershed Protection
Project, Review Period Ends: 08/05/2015, Contact: Erin Phelps 928-527-
8240.
EIS No. 20150181, Final, USACE, CA, Adoption--Interstate 5 North Coast
Corridor Project, Contact: Stephanie J. Hall<PHONE_NUMBER>.

    The U.S. Department of the Army's Corps of Engineers (USACE) has
adopted the U.S. Department of Transportation's Federal Highway
Administration's FEIS #20130332, filed 11/15/2013. The USACE was a
cooperating agency on the project. Recirculation of the document is not
necessary under 1506.3(b) of the CEQ Regulations.

    Dated: June 29, 2015.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2015-16329 Filed 7-1-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Rules and Regulations]
[Page 5515-5518]
[DOCID:fr03fe10-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0540; FRL-8808-4]

Hexythiazox; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes time-limited tolerances for
combined residues of hexythiazox in or on corn, sweet, plus cobs with
husks removed (K+CWHR); corn, sweet, forage; and corn, sweet, stover.
This action is in response to EPA's granting of an emergency exemption
under section 18 of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the pesticide on sweet corn grown for
seed. This regulation establishes a maximum permissible level for
residues of hexythiazox in these food . The time-limited tolerances
expire and are revoked on December 31, 2012.

DATES: This regulation is effective February 3, 2010. Objections and
requests for hearings must be received on or before April 5, 2010, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0540. All documents in the
docket are listed in the docket index available in http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 3087-9367; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

 B. How Can I Get Electronic Access to Other Related Information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR cite at http://
www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
The EPA procedural regulations which govern the submission of
objections and requests for hearings appear in 40 CFR part 178. You
must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2009-0540 in the subject line on the first page of your submission. All
requests must be in writing, and must be mailed or delivered to the
Hearing Clerk on or before April 5, 2010.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2009-0540, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of FFDCA, 21 U.S.C. 346a(e) and 346a(1)(6), is establishing
time-limited tolerances for the combined residues of hexythiazox,
trans-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-oxothiazolidine-3-
carboxamide and its metabolites containing the (4-

chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety, in or on corn,
sweet, plus cobs with husks removed (K+CWHR) at 0.02 parts per million
(ppm); corn, sweet, forage at 6.0 ppm; and corn, sweet, stover at 2.5
ppm. These time-limited tolerances expire and are revoked on December
31, 2012. EPA will publish a document in the Federal Register to remove
the revoked tolerances from the Code of Federal Regulations (CFR).
    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
FIFRA section 18 related time-limited tolerances to set binding
precedents for the application of section 408 of FFDCA and the new
safety standard to other tolerances and exemptions. Section 408(e) of
FFDCA allows EPA to establish a tolerance or an exemption from the
requirement of a tolerance on its own initiative, i.e., without having
received any petition from an outside party.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.

III. Emergency Exemption for Hexythiazox on Sweet Corn Grown for Seed
and FFDCA Tolerances

    The applicant, the Idaho Department of Agriculture, states that
there has been an increase in mite populations over the past several
years and growers currently have no feasible control alternative
(either chemical or non-chemical) to control them. Left unchecked,
mites can cause significant losses in seed yield and quality. After
having reviewed the submission, EPA determined that emergency
conditions exist for this State, and that the criteria for an emergency
exemption are met. EPA has authorized under FIFRA section 18 the use of
hexythiazox on sweet corn grown for seed for control of mites in Idaho.
    As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of hexythiazox
in or on sweet corn plus cobs with husks removed (K+CWHR), sweet corn
forage, and sweet corn stover. In doing so, EPA considered the safety
standard in section 408(b)(2) of FFDCA, and EPA decided that the
necessary tolerance under section 408(l)(6) of FFDCA would be
consistent with the safety standard and with FIFRA section 18.
Consistent with the need to move quickly on the emergency exemption in
order to address an urgent non-routine situation and to ensure that the
resulting food is safe and lawful, EPA is issuing this tolerance
without notice and opportunity for public comment as provided in
section 408(l)(6) of FFDCA. Although these time-limited tolerances
expire and are revoked on December 31, 2012, under section 408(l)(5) of
FFDCA, residues of the pesticide not in excess of the amounts specified
in the tolerance remaining in or on sweet corn plus cobs with husks
removed (K+CWHR), sweet corn forage, and sweet corn stover after that
date will not be unlawful, provided the pesticide was applied in a
manner that was lawful under FIFRA, and the residues do not exceed a
level that was authorized by these time-limited tolerances at the time
of that application. EPA will take action to revoke these time-limited
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
    Because these time-limited tolerances are being approved under
emergency conditions, EPA has not made any decisions about whether
hexythiazox meets FIFRA's registration requirements for use on sweet
corn grown for seed or whether permanent tolerances for this use would
be appropriate. Under these circumstances, EPA does not believe that
this time-limited tolerance decision serves as a basis for registration
of hexythiazox by a State for special local needs under FIFRA section
24(c). Nor does this tolerance serve as the basis for persons in any
State other than Idaho to use this pesticide on these crops under FIFRA
section 18 absent the issuance of an emergency exemption applicable
within that State. For additional information regarding the emergency
exemption for hexythiazox, contact the Agency's Registration Division
at the address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with the factors specified in FFDCA section
408(b)(2)(D), EPA has reviewed the available scientific data and other
relevant information in support of this action. EPA has sufficient data
to assess the hazards of and to make a determination on aggregate
exposure expected as a result of this emergency exemption request and
the time-limited tolerances for combined residues of hexythiazox,
trans-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-oxothiazolidine-3-
carboxamide and its metabolites containing the (4-chlorophenyl)-4-
methyl-2-oxo-3-thiazolidine moiety, in or on corn, sweet, plus cobs
with husks removed (K+CWHR) at 0.02 ppm; corn, sweet, forage at 6.0
ppm; and corn, sweet, stover at 2.5 ppm. EPA's assessment of exposures
and risks associated with establishing time-limited tolerances follows.
    On December 2, 2009 the Agency published a Final Rule (74 FR 63070,

FRL-8799-9) establishing tolerances for combined residues of
hexythiazox in or on potato at 0.02 ppm. When the Agency conducted the
risk assessments in support of the December 2, 2009 tolerance action,
it also assessed the risk resulting from the section 18 use on sweet
corn grown for seed. Specifically, in that risk assessment, EPA assumed
that hexythiazox would be present in corn, sweet, plus cobs with husks
removed (K+CWHR) at 0.02 ppm; corn, sweet, forage at 6.0 ppm; and corn,
sweet, stover at 2.5 ppm. EPA relies upon those risk assessments and
the findings made in the Federal Register document in support of this
action. Refer to the December 2, 2009 Federal Register document (EPA-
HQ-OPP-2007-0330), available at http://www.regulations.gov, for a
detailed discussion of the aggregate risk assessments and determination
of safety.
    Based on the risk assessments discussed in the final rule published
in the Federal Register of December 2, 2009 (74 FR 63070, FRL-8799-9),
EPA concludes that there is a reasonable certainty that no harm will
result to the general population, and to infants and children from
aggregate exposure to hexythiazox residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    An adequate enforcement methodology (Method AMR-985-87) is
available to enforce the tolerance expression. The method may be
requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
B. International Residue Limits

    There are no currently established CODEX, Canadian, or Mexican MRLs
for residues of hexythiazox in/on the subject commodities.

VI. Conclusion

    Therefore, time-limited tolerances are established for combined
residues of hexythiazox, trans-5-(4-chlorophenyl)-N-cyclohexyl-4-
methyl-2-oxothiazolidine-3-carboxamide and its metabolites containing
the (4-chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety, in or on
corn, sweet, plus cobs with husks removed (K+CWHR) at 0.02 ppm; corn,
sweet, forage at 6.0 ppm; and corn, sweet, stover at 2.5 ppm. These
tolerances expire and are revoked on December 31, 2012.

VII. Statutory and Executive Order Reviews

    This final rule establishes tolerances under sections 408(e) and
408(l)(6) of FFDCA in response to a petition submitted to the Agency.
The Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993). Because this final
rule has been exempted from review under Executive Order 12866, this
final rule is not subject to Executive Order 13211, entitled Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001) or Executive Order
13045, entitled Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it
require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established in accordance
with sections 408(e) and 408(l)(6) of FFDCA, such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: January 25, 2010.
Lois Rossi,
Director, Registration DivisionOffice of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.448 is amended by alphabetically adding commodities to
the table in paragraph (b) to read as follows:

Sec.  180.448  Hexythiazox; tolerance for residues.

* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
                     Commodity                          Parts per million         Expiration/revocation date
----------------------------------------------------------------------------------------------------------------
                                                    * * * * *
Corn, sweet, plus cobs with husks removed (K+CWHR).                     0.02                            12/31/12
Corn, sweet, forage................................                      6.0                            12/31/12
Corn, sweet, stover................................                      2.5                            12/31/12
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-2148 Filed 2-2-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: October 25, 2011 (Volume 76, Number 206)]
[Notices]
[Page 66125-66126]
[DOCID:fr25oc11-128]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0074]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated September 2, 2011, BNSF Railway (BNSF) has petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR part 232. FRA has assigned the petition Docket Number FRA-2011-
0074.
    BNSF seeks relief from certain provisions of 49 CFR part 232, Brake
System Safety Standards for Freight and Other Non-Passenger Trains and
Equipment; End-of-Train Devices. Specifically, BNSF is proposing to use
Web-based software to satisfy the ``hands-on'' portion of training
required by 49 CFR Section 232.203(e), in connection with periodic
refresher training. Refresher training is required at intervals not to
exceed 3 years, and shall consist of classroom and hands-on training,
as well as testing.
    BNSF states it created a Web-based software application that it
characterizes as Air Brake System Virtual Training Environment
(ABSVTE), which conceptually closely parallels Locomotive Engineer
simulator training. ABSVTE places the employee as an avatar in a
realistic 3D virtual scenario. The employee must maneuver the avatar in
the virtual setting and perform all inspection tasks. The employee
communicates on a virtual radio, listens for the proper brake
responses, and visually inspects each car in the scenario using a
combination of mouse and key strokes. During the simulation, the
employee must properly identify any unusual conditions and take
corrective action. The software has the ability for the trainer to
control the environment and preprogram different scenarios and
conditions, covering a variety of air brake systems and associated air
brake components an employee might encounter in the field. BNSF asserts
that ABSVTE will enhance employee decision-making by testing his or her
ability to identify and correct malfunctions that are difficult to
demonstrate during operational testing. FRA permits operational testing
to satisfy the hands-on portion of periodic refresher training,
provided the tests are documented.
    BNSF will require 100-percent proficiency to receive virtual hands-
on credit. Employees failing to achieve 100-percent proficiency will be
allowed to retake the virtual test. If the employee again fails to
achieve 100-percent proficiency, he or she will receive remedial
training from a supervisor or trainer.
    In summary, BNSF respectfully requests that ABSVTE be considered as
an additional option to satisfy the ``hands-on'' portion of periodic
refresher training required by 49 CFR 232.203(e). BNSF states that
incorporating ABSVTE into their portfolio of traditional training
delivery mechanisms will result in an overall increase in the frequency
of air brake training and evaluation for BNSF employees.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in

connection with these proceedings since the facts do not appear to
warrant a hearing. If any interested party desires an opportunity for
oral comment, they should notify FRA, in writing, before the end of the
comment period and specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by December 9, 2011 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Dated: Issued in Washington, DC, on October 19, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-27503 Filed 10-24-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40849-40851]
[FR Doc No: 2022-14546]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2020-E-2333; FDA-2020-E-2334; FDA-2020-E-2336; and
FDA-2020-E-2337]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ROZLYTREK INJECTION

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for ROZLYTREK INJECTION and is
publishing this notice of that determination as required by law. FDA
has made the determination because of the submission of applications to
the Director of the U.S. Patent and Trademark Office (USPTO),
Department of Commerce, for the extension of a patent which claims that
human drug product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect must submit either electronic
or written comments and ask for a redetermination by September 6, 2022.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for extension acted with due diligence
during the regulatory review period by January 4, 2023. See
``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 6, 2022. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are received on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2020-E-2333; FDA-2020-E-2334; FDA-2020-E-2336; and FDA-2020-E-2337
for ``Determination of Regulatory Review Period for Purposes of Patent
Extension; ROZLYTREK INJECTION.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential

Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug or biologic product, animal drug product, medical device,
food additive, or color additive) was subject to regulatory review by
FDA before the item was marketed. Under these acts, a product's
regulatory review period forms the basis for determining the amount of
extension an applicant may receive.
    A regulatory review period consists of two periods of time: a
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product, ROZLYTREK
INJECTION (entrectinib) NDA 212726 indicated for the treatment of:
     Adult patients with metastatic non-small cell lung cancer
whose tumors are ROSI-positive.
     Adult and pediatric patients 12 years of age and older
with solid tumors that:
    [cir] have a neurotrophic tyrosine receptor kinase gene fusion
without a known acquired resistance mutation,
    [cir] are metastatic or where surgical resection is likely to
result in severe morbidity, and
    [cir] have progressed following treatment or have no satisfactory
alternative therapy.
    This indication is approved under accelerated approval based on
tumor response rate and durability of response. Continued approval for
this indication may be contingent upon verification and description of
clinical benefit in the confirmatory trials.
    Subsequent to this approval, the USPTO received patent term
restoration applications for ROZLYTREK INJECTION (U.S. Patent Nos.
8,299,057; 8,673,893; 9,029,356; and 9,085,565) from Genentech, Inc.,
and the USPTO requested FDA's assistance in determining the patents'
eligibility for patent term restoration. In a letter dated March 1,
2021, FDA advised the USPTO that this human drug product had undergone
a regulatory review period and that the approval of ROZLYTREK INJECTION
represented the first permitted commercial marketing or use of the
product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
ROZLYTREK INJECTION is 1,968 days. Of this time, 1,727 days occurred
during the testing phase of the regulatory review period, while 241
days occurred during the approval phase. These periods of time were
derived from the following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
March 28, 2014. The applicant claims March 29, 2014, as the date the
investigational new drug application (IND) became effective. However,
FDA records indicate that the IND effective date was March 28, 2014,
which was the first date after receipt of the IND that the
investigational studies were allowed to proceed.
    2. The date the application was initially submitted with respect to
the human drug product under section 505 of the FD&C Act: December 18,
2018. FDA has verified the applicant's claims that the new drug
application (NDA) for ROZLYTREK INJECTION (NDA 212726) was initially
submitted on December 18, 2018.
    3. The date the application was approved: August 15, 2019. FDA has
verified the applicant's claims that NDA 212726 was approved on August
15, 2019.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 864 days, 899 days, or 1,104 days of patent term
extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence

during the regulatory review period. To meet its burden, the petition
must comply with all the requirements of Sec.  60.30, including but not
limited to: must be timely (see DATES), must be filed in accordance
with Sec.  10.20, must contain sufficient facts to merit an FDA
investigation, and must certify that a true and complete copy of the
petition has been served upon the patent applicant. (See H. Rept. 857,
part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in
the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: July 1, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-14546 Filed 7-7-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 13035-13036]
[FR Doc No: 2022-04882]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-330, OMB Control No. 3235-0645]

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Interactive Data

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    The ``Interactive Data'' collection of information requires issuers
filing registration statements under the Securities Act of 1933 (15
U.S.C. 77a et seq.) and reports under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) to submit specified financial information
to the Commission and post it on their corporate websites, if any, in
interactive data format using eXtensible Business Reporting Language
(XBRL). This collection of information is located primarily in
registration statement and report exhibit provisions, which require
interactive data, and Rule 405 of Regulation S-T (17 CFR 232.405),
which specifies how to submit and post interactive data. The exhibit
provisions are in Item 601(b)(101) of Regulation S-K (17 CFR
229.601(b)(101), F-10 under the Securities Act (17 CFR 239.40) and
Forms 20-F, 40-F and 6-K under the Exchange Act (17 CFR 249.220f, 17
CFR 249.240f and 17 CFR 249.306).
    In interactive data format, financial statement information could
be downloaded directly into spreedsheets and analyzed in a variety of
ways using commercial off-the-shelf software. The specified financial
information already is and will continue to be required to be submitted
to the Commission in traditional format under existing requirements.
The purpose of the interactive data requirement is to make financial
information easier for investors to analyze and assist issuers in
automating regulatory filings and business information processing. We
estimate that 8,315 respondents per year will each submit an average of
4.5 reponses per year for an estimated total of 37,418 responses. We
further estimate an internal burden of 54.56446 hours per response for
a total annual internal burden of 2,041,693 hours (54.56446 hours per
response x 37,418 responses).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by May 9, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: March 3, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-04882 Filed 3-7-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3427-3428]
[FR Doc No: 2019-02082]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4881-028]

Barber Dam Hydroelectric Project; Notice of Intent To File
License Application, Filing of Pre-Application Document, Approving Use
of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 4881-028.
    c. Date Filed: November 29, 2018.
    d. Submitted By: Fulcrum, LLC and Ada County, Idaho (co-licensees).
    e. Name of Project: Barber Dam Hydroelectric Project.
    f. Location: On the Boise River, in Ada County, Idaho. No federal
lands are occupied by the project works or located within the project
boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Kevin Webb, Hydro Licensing
Manager, Enel Green Power North America, Inc., 100 Brickstone Square,
Suite 300, Andover, MA 01810;<PHONE_NUMBER>; email at
<EMAIL_ADDRESS>    i. FERC Contact: Matt Cutlip at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. The co-licensees filed their request to use the Traditional
Licensing Process on November 29, 2018. The co-licensees provided
public notice of their request on December 13, 2018. In a letter dated
February 5, 2019, the Director of the Division of Hydropower Licensing
approved the co-licensees' request to use the Traditional Licensing
Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and National Marine Fisheries
Service under section 7 of the Endangered Species Act and the joint
agency regulations thereunder at 50 CFR part 402; and National Marine
Fisheries Service under section 305(b) of the Magnuson-Stevens Fishery
Conservation and Management Act and implementing regulations at 50 CFR
600.920. We are also initiating consultation with the Idaho State
Historic Preservation Officer, as required by section 106, National
Historic Preservation Act, and the implementing regulations of the
Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating the co-licensees as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act; and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. The co-licensees filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(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. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: February 6, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-02082 Filed 2-11-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 197 (Thursday, October 10, 2013)]
[Notices]
[Page 61999]
[FR Doc No: 2013-24430]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD13-9-000]

Hydropower Regulatory Efficiency Act of 2013; Supplemental Notice
of Workshop

    As announced in the Notices issued on September 3, 2013 and
September 18, 2013, the Federal Energy Regulatory Commission (FERC or
Commission) workshop scheduled for October 2, 2013, has been cancelled
and rescheduled for October 22, 2013. We will provide additional
information regarding the October 22, 2013, workshop under a separate
notice.

    Issued: September 27, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-24430 Filed 10-9-13; 8:45 am]
BILLING CODE P