[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Page 20494]
[FR Doc No: 2020-07713]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-7-000]

Reliability Technical Conference; Notice Postponing Technical
Conference

    Take notice that the technical conference scheduled for June 25,
2020, from 9:00 a.m. to 5:00 p.m. at the Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426, has been
postponed due to health and safety concerns related to the Novel
Coronavirus Disease (COVID-19) and will be rescheduled for a later
date.
    For more information about this technical conference, please
contact Lodie White<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: April 2, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-07713 Filed 4-10-20; 8:45 am]
BILLING CODE 6717-01-P


<span


[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Notices]
[Pages 73604-73605]
[FR Doc No: 2023-23667]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA--2023-0029; OMB No. 1660-0016]

Agency Information Collection Activities: Proposed Collection,
Comment Request; Revision to National Flood Insurance Program Maps:
Application Forms and Instructions for LOMRs and CLOMRs

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 60-Day notice of renewal and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a renewal of

a currently approved information collection. In accordance with the
requirements of the Paperwork Reduction Act of 1995, this notice seeks
comments concerning information required by FEMA to revise National
Flood Insurance Program Maps.

DATES: Comments must be submitted on or before December 26, 2023.

ADDRESSES: To avoid duplicate submissions to the docket, please submit
comments at www.regulations.gov under Docket ID FEMA-2023-0029. Follow
the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used to submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via a link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Brian Koper, Emergency Management
Specialist, Engineering Services Branch, Risk Management Directorate,
DHS/FEMA, at [email protected] or<PHONE_NUMBER>. You may contact
the Information Management Division for copies of the proposed
collection of information at email address: [email protected].

SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
is authorized by the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4001 et seq. The Federal Emergency Management Agency (FEMA)
administers the NFIP and maintains the maps that depict flood hazard
information. Communities are required to submit technical information
concerning flood hazards and plans to avoid potential flood hazards
when physical changes occur (see 44 CFR 65.3). Communities are provided
the right to submit technical information when inconsistencies on maps
are identified (see 44 CFR 65.4). In order to revise the Base (one-
percent annual chance) Flood Elevations (BFEs), Special Flood Hazard
Areas (SFHAs), and floodways presented on the NFIP maps, a community
must submit scientific or technical data demonstrating the need for a
revision. The NFIP regulations outline the data that must be submitted
for these requests (see 44 CFR part 65). This collection serves to
provide a standard format for the general information requirements
outlined in the NFIP regulations and helps establish an organized
package of the data needed to revise NFIP maps.

Collection of Information

    Title: Revision to National Flood Insurance Program Maps:
Application Forms for LOMRs and CLOMRs.
    Type of Information Collection: Renewal of a currently approved
information collection.
    OMB Number: 1660-0016.
    FEMA Forms: FEMA Form FF-206-FY-21-100 (formerly 086-0-27),
Overview & Concurrence (Form 1); FEMA Form FF-206-FY-21-101 (formerly
086-0-27A), Riverine Hydrology & Hydraulics (Form 2); FEMA Form FF-206-
FY-21-102 (formerly 086-0-27B), Riverine Structures (Form 3); FEMA Form
FF-206-FY-21-103 (formerly 086-0-27C), Coastal Analysis (Form 4); FEMA
Form FF-206-FY-21-104 (formerly 086-0-27D), Coastal Structures (Form
5); and FEMA Form FF-206-FY-21-105 (formerly 086-0-27E), Alluvial Fan
Flooding (Form 6).
    Abstract: The forms in this information collection are used to
determine if the collected data will result in the modification of Base
Flood Elevations (BFEs), Special Flood Hazard Area (SFHA), or floodway.
Once the information is collected, it is submitted to FEMA for review
and is subsequently included on the National Flood Insurance Program
(NFIP) maps. These maps will be used for flood insurance determinations
and for floodplain management purposes.
    Affected Public: State, Local and Tribal Government, Business or
Other For-Profit, Individuals or Households.
    Estimated Number of Respondents: 5,589.
    Estimated Number of Responses: 5,589.
    Estimated Total Annual Burden Hours: 14,633.
    Estimated Total Annual Respondent Cost: $1,082,824.
    Estimated Respondents' Operation and Maintenance Costs:
$26,430,000.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $26,240.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the Agency,
including whether the information shall have practical utility;
evaluate the accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-23667 Filed 10-25-23; 8:45 am]
BILLING CODE 9110-12-P


MEMORANDUM TO: Portland Cement Docket RE: Telephone Call with Portland Cement Ass'n, May 15, 2006 FROM: Steven Silverman OGC On the afternoon of May 15, 2006, representatives of PCA ( Andy O'Hare and Tom Gibson) spoke with representatives of EPA ( Keith Barnett, Peter Tsirigotis, Steve Fruh ( OAQPS), Jason Burnett ( OAR), and Steve Silverman ( OGC). Topic was projected reopening of comment period of portland cement MACT proposal, and extension of Consent Decree deadline for taking final action. We discussed the meeting we had with Jim Pew of Earthjustice, as well as our own need for more time to develop better facts regarding the impacts on Hg emissions when cement kilns use utility fly ash as alternative feed materials. We also said that it would help us to have more time to discuss alternative indicators for HAP organic control by cement kilns. PCA still wishes to discuss the issue of reopening the comment period at a meeting with Ann Klee ( the General Counsel), currently scheduled for May 26.


[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Proposed Rules]
[Pages 59325-59327]
[FR Doc No: 2019-23676]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2019-0043; FRL-10001-20-Region 6]

Air Plan Approval; Texas; Revisions To Control of Air Pollution
by Permits for New Construction or Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
United States Environmental Protection Agency (U.S. EPA) is proposing
to approve revisions to the Texas (TX) State Implementation Plan (SIP)
submitted on February 22, 2019 that revise the State's New Source
Review (NSR) permitting rules contained in Title 30 of the Texas
Administrative Code (TAC) Chapter 116. The EPA is also addressing
portions of an April 16, 2014, SIP submittal pertaining to provisions
regarding Greenhouse Gas (GHG) emissions that were invalidated by the
United States Supreme Court. The February 22, 2019, SIP submittal
appropriately revises the April 16, 2014, SIP provisions that were
impacted by the Court's ruling.

DATES: Written comments must be received on or before December 4, 2019.

ADDRESSES: Submit your comments, identified by Docket No. 2017-1641-
RUL, at https://www.regulations.gov or via email to
<EMAIL_ADDRESS>Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Elizabeth Layton, 214-
665-2136<EMAIL_ADDRESS>For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the U.S. EPA
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Elizabeth Layton, Air Permits Section
(ARPE), U.S. EPA Region 6, 1201 Elm Street, Suite 500, Dallas, TX
75270,<PHONE_NUMBER><EMAIL_ADDRESS>To inspect the hard copy
materials, please schedule an appointment with Ms. Elizabeth Layton or
Mr. Bill Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the United States Environmental
Protection Agency.

I. Background

    Section 110(a)(2)(C) of the CAA requires states to develop and
submit to the EPA for approval into the SIP, preconstruction review and
permitting programs applicable to certain new and modified stationary
sources of air pollutants for attainment and nonattainment areas that
cover both major and minor new sources and modifications, collectively
referred to as the New Source Review (NSR) SIP. The CAA NSR SIP program
is composed of three separate programs: Prevention of Significant
Deterioration (PSD), Nonattainment New Source Review (NNSR), and Minor
NSR. The EPA codified minimum requirements for these State permitting
programs including public participation and notification requirements
at 40 CFR 51.160-51.164. Requirements specific to construction of new
stationary sources and major modifications in nonattainment areas are
codified in 40 CFR 51.165 for the NNSR program. Requirements for
permitting of new stationary sources and major modifications in
attainment areas subject to PSD, including additional public
participation requirements, are found at 40 CFR 51.166. This action
addresses revisions to the Texas SIP submitted on February 22, 2019 by
the Texas Commission on Environmental Quality (TCEQ) that amend the
State's NSR permitting rules by amending the criteria for air pollution
control permits for new construction or modification, as well as make
other non-substantive revisions.
    Additionally, this action addresses portions of an April 16, 2014,
Texas SIP submittal that relate to the permitting of Greenhouse Gas
Emissions (GHGs) for Step 2 or ``non-anyway'' sources.\1\ The April
2014 submittal was affected by a United States Supreme Court ruling
titled Utility Air Regulatory Group (UARG) v. EPA (134 S.Ct. 2427
(2014)) where the Court invalidated those portions of the federal rules
that related

to the permitting of non-anyway sources.\2\ Consequently, the State and
EPA determined the portions of the State's SIP submittal that addressed
``non-anyway'' sources were no longer appropriate for SIP action.\3\ As
explained in more detail below, the February 22, 2019 GHG related
revisions appropriately address the April 16, 2014, GHG provisions that
were affected by the Court's decision.
---------------------------------------------------------------------------

    \1\ For more detailed information please see our Federal
Register action at 79 FR 66626 (November 10, 2014). Step 2 or ``non-
anyway'' sources are sources that that would have been considered
``major'' under EPA's permitting program for PSD only because of
their greenhouse gas emissions.
    \2\ Id. For more detail, please see 81 FR 68110 (October 3,
2016).
    \3\ Id. See the State's October 1, 2014 letter to EPA that is
included in the docket to this action.
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II. The EPA's Evaluation

A. Evaluation of the February 22, 2019 SIP Submittal Revisions to the
State's New Source Review Rules

    On February 22, 2019, the TCEQ submitted revisions to the Texas SIP
(Rule Project No. 2018-003-116-AI) revising their rules that address
applicable requirements for air pollution control permits for new
construction or modification under 30 TAC Chapter 116, Sections
116.114, 116.160, 116.164(a), 116.196, 116.198, 116.310, 116.611, and
116.615. Revisions to 30 TAC Chapter 116 were partly in response to the
passage of House Bill (HB) 4181, 85th Texas Legislature, 2017 that
amended Texas Health and Safety Code (THSC), Sec.  382.055 to provide
TCEQ with the option to use an electronic method or system to notify
new source review (NSR) air permit holders that an air permit is
scheduled for review.
    The February 22, 2019 revisions revise the Texas SIP at 30 TAC
Sections 116.160(b)(2), 116.164(a), 116.164(a)(3)-(5), 116.196(a),
116.310, 116.611(a), 116.615(2), and 116.615(2)(A)-(D). The revisions
to 30 TAC Sections 116.196(a), 116.310, and 116.611(a) provide the
State the ability to implement existing rules and regulations
pertaining to the control of air quality by air permits utilizing
electronic methods for various air permitting processes. These include
permit renewal notification for Plant-wide Applicability Limit (PAL)
permits, notification to permit holders of approaching permit
expiration, and the ability to apply for standard permit registration
via electronic methods. The substantive revisions at 30 TAC Section
116.615(2)(A) clarify registration requirements when a new facility is
added to an existing operation authorized under standard permitting.
Additional substantive revisions at 30 TAC Section 116.615(2)(B)-(D)
clarify notification and registration requirements for changes in the
representation of emissions at facilities authorized by standard
permits for air quality.
    Other amendments to 30 TAC Chapter 116 include revisions that are
minor or non-substantive in nature and do not change the intent or
substance of the originally approved SIP requirements; these minor and
administrative type revisions to 30 TAC Sections 116.114(c)(3)(A),
116.196(b)-(f), 116.198(a), and 116.198(b) update cross references,
correct grammar, and renumber existing SIP approved provisions. The
accompanying Technical Support Document (TSD) for this action includes
a comprehensive analysis and discussion of the submitted revisions to
the Texas SIP that includes both the substantive and minor, non-
substantive revisions. The TSD is included in the docket for this
proposed rulemaking.
    The EPA has determined it is appropriate to propose approval of the
above-cited February 22, 2019, revisions to the Texas SIP as these
amendments to the Texas air permitting process clarify existing
processes and promote efficiency by implementing electronic
notifications and registrations. These revisions are consistent with
federal permitting regulations; therefore, these revisions will not
interfere with attainment, reasonable further progress, or any other
applicable requirements of the Act.

B. Evaluation of the April 16, 2014 and February 22, 2019 Revisions to
New Source Review Permitting for GHG Emissions

    As stated earlier, the State's February 22, 2019, SIP submittal
appropriately revises provisions in 30 TAC Section 116 to be consistent
with the U.S. Supreme Court's 2014 UARG v. EPA decision. The TCEQ
originally submitted revisions to the Texas SIP on April 16, 2014
(adopted March 16, 2014) to address the permitting for GHG
emissions.\4\ That submittal contained provisions that would have
required a permit applicant to conduct PSD review based solely on GHG
emissions, commonly referred to as non-anyway or Step 2 GHG permitting.
Based on the outcome of the 2014 U.S. Supreme Court decision,
provisions that related to the permitting of non-anyway sources in 30
TAC Sections 116.160(a) and 116.164(a)(3)-(5) were no longer
appropriate for SIP action. See 79 FR 66626. The February 22, 2019
submittal appropriately removes these provisions consistent with the
Court's decision. Therefore, EPA has determined it is appropriate to
approve the February 22, 2019 submitted revisions to 30 TAC Sections
116.160(a) and 116.164(a)(3)-(5) that remove the provisions. The
February 22, 2019, revisions ensure that the Texas NSR program is
consistent with the EPA's policy, guidance, case law and regulations
for permitting GHG emissions; therefore, these revisions will not
interfere with attainment, reasonable further progress, or any other
applicable requirements of the Act. The TSD that is included in the
docket for this proposed rulemaking contains a detailed analysis and
discussion of these revisions.
---------------------------------------------------------------------------

    \4\ We approved much of this submittal on November 10, 2014 (70
FR 66626). Docket No. EPA-R06-OAR-2013-0808.
---------------------------------------------------------------------------

III. Proposed Action

    We are proposing to approve revisions to the Texas SIP that revise
the State's New Source Review permit rules. We are also proposing to
approve revisions to the Texas NSR rules related to the permitting of
greenhouse gas emissions as being consistent with federal requirements.
As explained in this proposed action and the accompanying TSD, we have
determined that the revisions submitted on February 22, 2019, were
developed in accordance with the CAA and EPA's regulations, case law,
policy, and guidance for NSR permitting. Therefore, under section 110
of the CAA, the EPA proposes approval of the following revisions
adopted on October 31, 2018 and submitted February 22, 2019:
     Revisions to 30 TAC Section 116.114;
     Revisions to 30 TAC Section 116.160;
     Revisions to 30 TAC Section 116.164(a);
     Revisions to 30 TAC Section 116.196;
     Revisions to 30 TAC Section 116.198;
     Revisions to 30 TAC Section 116.310;
     Revisions to 30 TAC Section 116.611; and
     Revisions to 30 TAC Section 116.615.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Texas regulations as described in the
Proposed Action section above. We have made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and in hard copy at the EPA Region 6 office

(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 25, 2019.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2019-23676 Filed 11-1-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Page 54587]
[FR Doc No: 2020-19400]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2020-0490]

Commercial Fishing Safety Advisory Committee; Meeting

AGENCY: U.S. Coast Guard, Department of Homeland Security.

ACTION: Notice of Federal Advisory Committee virtual meeting.

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SUMMARY: The Commercial Fishing Safety Advisory Committee (Committee)
will meet via a virtual meeting to discuss voluntary guidelines for the
prevention of falls overboard situations, as described in task
statement #01-19(b). The virtual meeting will be open to the public.

DATES:
    Meeting. The Committee is scheduled to meet virtually on Thursday,
September 24, 2020, from 1 p.m. to 3 p.m. Eastern Daylight Time. Please
note that this virtual meeting may adjourn early if the Committee has
completed its business.
    Comments and supporting documents: To ensure your comments are
received by Committee members before the virtual meeting, submit your
written comments no later than September 17, 2020.

ADDRESSES: To join the virtual meeting or to request special
accommodations, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section no later than 1 p.m. on September 17, 2020.
    Instructions: You are free to submit comments at any time,
including orally at the virtual meeting as time permits, however, if
you desire that the Committee members review your comments before the
virtual meeting, please submit your comments no later than September
17, 2020. We encourage you to submit comments through the Federal
eRulemaking Portal at https://www.regulations.gov. If your material
cannot be submitted using https://www/regulations.gov, call or email
the individual in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions. You must include the docket number
[USCG-2020-0490]. Comments received will be posted without alteration
at http://www.regulations.gov, including any personal information
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). If you encounter technical difficulties with comment
submission, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this notice.
    Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Wendland, Alternate
Designated Federal Officer (ADFO) of the Commercial Fishing Safety
Advisory Committee, telephone<PHONE_NUMBER>, or email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act, (5 U.S.C., Appendix).
    The Commercial Fishing Safety Advisory Committee is authorized by
Title 46 United States Code Section 4508. The Committee's purpose is to
provide advice and recommendations to the United States Coast Guard and
the Department of Homeland Security on matters relating to the safe
operation of commercial fishing industry vessels.

Agenda

    The agenda for the September 24, 2020, virtual meeting is as
follows:
     Introduction.
     Roll call of Committee members and determination of a
quorum.
     Comments by Designated Federal Officer (DFO).
     Comments by ADFO.
     Comments by the Committee Chairman.
     Comments by Federal Advisory Committee Representative.
     Old Business from the 40th Commercial Fishing Safety
Advisory Committee meeting.
     Comments by U.S. Coast Guard Office of Standards
Evaluation and Development.
     Comments by CG-NAV-3.
     New Business.
     Comments by Committee Chairman.
     Public comment period.
     Discussion: Task # 01-19(b)--Lifesaving/Man Overboard
(MOB) Voluntary Best Practice Guide.
     Public comment period.
     Comments by DFO.
     Comments by Committee Chairman.
     Adjournment of meeting.
    A copy of all pre-meeting documentation will be available at
https://www.dco.uscg.mil/fishsafe no later than September 21, 2020.
Alternatively, you may contact Mr. Jonathan Wendland as noted in the
FOR FURTHER INFORMATION CONTACT section above.
    During the September 24, 2020, virtual meeting, public comments
will be limited to three minutes per person. Please note that the
public comment period may end before the period allotted, following the
last call for comments. Please contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section above to register as a speaker
prior to September 22, 2020.

    Dated: August 28, 2020.
Wayne R. Arguin Jr.,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2020-19400 Filed 9-1-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)] [Notices] [Pages 52835-52837] [FR Doc No: 2018-22697]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3443]

Content of Premarket Submissions for Management of Cybersecurity

in Medical Devices; Draft Guidance for Industry and Food and Drug

Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing

the availability of the draft guidance entitled ``Content of Premarket

Submissions for Management of Cybersecurity in Medical Devices.'' As

more medical devices are becoming interconnected, cybersecurity threats

have become more numerous, more frequent, more severe, and more

clinically impactful. There is a need to provide manufacturers with

specific technical recommendations (e.g., appropriate threat modeling

and other premarket testing) to help ensure device cybersecurity. The

updates to the existing ``Content of Premarket Submissions for

Management of Cybersecurity in Medical Devices'' guidance is

anticipated to better protect against risks, such as ransomware

campaigns, that could disrupt clinical operations and delay patient

care and risks, such as exploiting a vulnerability that enables attacks

on multiple patients. This draft guidance is not final nor is it in

effect at this time.

DATES: Submit either electronic or written comments on the draft

guidance by March 18, 2019 to ensure that the Agency considers your

comment on this draft guidance before it begins work on the final

version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as

follows:

Electronic Submissions

    Submit electronic comments in the following way:

     Federal eRulemaking Portal: https://www.regulations.gov.

Follow the instructions for submitting comments. Comments submitted

electronically, including attachments, to https://www.regulations.gov

will be posted to the docket unchanged. Because your comment will be

made public, you are solely responsible for ensuring that your comment

does not include any confidential information that you or a third party

may not wish to be posted, such as medical information, your or anyone

else's Social Security number, or confidential business information,

such as a manufacturing process. Please note that if you include your

name, contact information, or other information that identifies you in

the body of your comments, that information will be posted on https://www.regulations.gov.

     If you want to submit a comment with confidential

information that you do not wish to be made available to the public,

submit the comment as a written/paper submission and in the manner

detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:

     Mail/Hand delivery/Courier (for written/paper

submissions): Dockets Management Staff (HFA-305), Food and Drug

Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

     For written/paper comments submitted to the Dockets

Management Staff, FDA will post your comment, as

well as any attachments, except for information submitted, marked and

identified, as confidential, if submitted as detailed in

``Instructions.''

    Instructions: All submissions received must include the Docket No.

FDA-2018-D-3443 for ``Content of Premarket Submissions for Management

of Cybersecurity in Medical Devices.'' Received comments will be placed

in the docket and, except for those submitted as ``Confidential

Submissions,'' publicly viewable at https://www.regulations.gov or at

the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through

Friday.

     Confidential Submissions--To submit a comment with

confidential information that you do not wish to be made publicly

available, submit your comments only as a written/paper submission. You

should submit two copies total. One copy will include the information

you claim to be confidential with a heading or cover note that states

``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will

review this copy, including the claimed confidential information, in

its consideration of comments. The second copy, which will have the

claimed confidential information redacted/blacked out, will be

available for public viewing and posted on https://www.regulations.gov.

Submit both copies to the Dockets Management Staff. If you do not wish

your name and contact information to be made publicly available, you

can provide this information on the cover sheet and not in the body of

your comments and you must identify this information as

``confidential.'' Any information marked as ``confidential'' will not

be disclosed except in accordance with 21 CFR 10.20 and other

applicable disclosure law. For more information about FDA's posting of

comments to public dockets, see 80 FR 56469, September 18, 2015, or

access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or

the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in

the heading of this document, into the ``Search'' box and follow the

prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,

Rm. 1061, Rockville, MD 20852.

    You may submit comments on any guidance at any time (see 21 CFR

10.115(g)(5)).

    An electronic copy of the guidance document is available for

download from the internet. See the SUPPLEMENTARY INFORMATION section

for information on electronic access to the guidance. Submit written

requests for a single hard copy of the draft guidance document entitled

``Content of Premarket Submissions for Management of Cybersecurity in

Medical Devices'' to the Office of the Center Director, Guidance and

Policy Development, Center for Devices and Radiological Health, Food

and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431,

Silver Spring, MD 20993-0002 or the Office of Communication, Outreach,

and Development, Center for Biologics Evaluation and Research, Food and

Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128,

Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to

assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Suzanne Schwartz, Center for Devices

and Radiological Health, Food and Drug Administration, 10903 New

Hampshire Ave., Bldg. 66, Rm. 5434, Silver Spring, MD 20993-0002, 301-

796-6937, or Stephen Ripley, Center for Biologics Evaluation and

Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.

71, Rm. 7301, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The need for effective cybersecurity to assure medical device

functionality and safety has become more important with the increasing

use of wireless, internet- and network-connected devices, and the

frequent electronic exchange of medical device-related health

information. In addition, cybersecurity threats to the healthcare

sector have become more frequent, more severe, and more clinically

impactful. Cybersecurity incidents have rendered medical devices and

hospital networks inoperable, disrupting the delivery of patient care

across healthcare facilities in the United States and globally. Such

cyberattacks and exploits can delay diagnoses and/or treatment and may

lead to patient harm.

    Although FDA issued guidance addressing recommendations for device

cybersecurity information in premarket submissions in 2014, \1\ the

rapidly evolving landscape, and the increased understanding of the

threats and their potential mitigations necessitates an updated

approach. This draft guidance is intended to provide recommendations to

industry regarding cybersecurity device design, labeling, and the

documentation that FDA recommends be included in premarket submissions

for devices with cybersecurity risk. These recommendations can

facilitate an efficient premarket review process and help ensure that

marketed medical devices are sufficiently resilient to cybersecurity

threats.

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

    \1\ ``Content of Premarket Submissions for Management of

Cybersecurity in Medical Devices--Guidance for Industry and Food and

Drug Administration Staff'' at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM356190.

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

    FDA plans to hold a public workshop on January 29th and January

30th, 2019.\2\ FDA seeks to bring together diverse stakeholders to

discuss, in-depth, the draft guidance, ``Content of Premarket

Submissions for Management of Cybersecurity in Medical Devices'' and

the subtopic of the draft guidance regarding a Cybersecurity Bill of

Materials (CBOM), which can be a critical element in identifying

assets, threats, and vulnerabilities.

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

    \2\ https://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm.

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

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good

guidance practices regulation (21 CFR 10.115). The draft guidance, when

finalized, will represent the current thinking of FDA on Content of

Premarket Submissions for Management of Cybersecurity in Medical

Devices. It does not establish any rights for any person and is not

binding on FDA or the public. You can use an alternative approach if it

satisfies the requirements of the applicable statutes and regulations.

This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do

so by downloading an electronic copy from the internet. A search

capability for all Center for Devices and Radiological Health guidance

documents is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. This

guidance document is also available at https://www.regulations.gov or

https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. Persons unable to

download an electronic copy of ``Content of Premarket Submissions for

Management of Cybersecurity in Medical Devices'' may send an email

request to [email protected] to receive an electronic copy of

the document. Please use the document

number 1825 to identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of

information. These collections of information are subject to review by

the Office of Management and Budget (OMB) under the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501-3520). The collections of information in

the following FDA regulations and guidance have been approved by OMB as

listed in the following table:

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

                                                            OMB control

   21 CFR part or guidance               Topic                  No.

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

807, subpart E...............  Premarket notification...       0910-0120

814, subparts A through E....  Premarket approval.......       0910-0231

814, subpart H...............  Humanitarian Device             0910-0332

                                Exemption.

812..........................  Investigational Device          0910-0078

                                Exemption.

``De Novo Classification       De Novo classification          0910-0844

 Process (Evaluation of         process.

 Automatic Class III

 Designation)''.

801..........................  Medical Device Labeling         0910-0485

                                Regulations.

820..........................  Current Good                    0910-0073

                                Manufacturing Practice

                                (CGMP); Quality System

                                (QS) Regulation.

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

V. Other Issues for Consideration

    The Agency invites comments on the ``Content of Premarket

Submissions for Management of Cybersecurity in Medical Devices'' draft

guidance, in general, and on the following topics, in particular:

     Definition of CBOM:

[cir] Whether a CBOM should include both software and hardware

components

     Type of information and level of detail that should be

included in a CBOM

     Effective mechanisms for sharing CBOM information

     Format the CBOM should take:

[cir] Available formats that could be leveraged

[cir] Whether multiple formats would be able to co-exist

     Appropriate frequency for updating the CBOM

     Features of a CBOM that would make it automatically

consumable

    Dated: October 12, 2018.

Leslie Kux,

Associate Commissioner for Policy.

[FR Doc. 2018-22697 Filed 10-17-18; 8:45 am]

 BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70450-70451]
[FR Doc No: 2012-28462]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Risk Communication Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Risk Communication Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on February 12, 2013, from
8 a.m. to 3 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (rm. 1503), Silver Spring, MD 20993.
Information regarding special accommodations due to a disability,
visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Lee L. Zwanziger, Risk Communication Staff, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 3278,
Silver Spring, MD 20993,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line, 1-800-
741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in the
Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: On February 12, 2013, the Committee will discuss general
factors in risk communication about FDA regulated products, including
approaches to avoid message fatigue and related communication barriers
such as prevention or warning fatigue or inaccurate risk perception.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
January 28, 2013. Oral presentations from the public will be scheduled
between approximately 10:30 a.m. and 11:30 a.m. on February 12, 2013.
Those individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
January 17, 2013. Time allotted for each presentation may be limited.
If the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by January 18,
2013. Interested persons can also log on to https://collaboration.fda.gov/rcac/ to hear and see the proceedings.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to

a disability, please contact Lee L. Zwanziger at least 7 days in
advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: November 19, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-28462 Filed 11-23-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88689-88693]
[FR Doc No: 2023-28197]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99203; File No. SR-PEARL-2023-71]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 2615(d) To Eliminate the Contingent Open

December 18, 2023.
    Pursuant to the provisions of 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 December 14, 2023, MIAX PEARL, LLC (``MIAX
Pearl'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Exchange Rule 2615(d) regarding the
Contingent Open performed on the Exchange's equity trading platform
(referred to herein as ``MIAX Pearl Equities'').
    The text of the proposed rule change is available on the Exchange's
website at https://www.miaxglobal.com/markets/us-equities/pearl-equities/rule-filings, at MIAX Pearl's principal office, 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
    The Exchange proposes to amend Exchange Rule 2615(d) regarding the
Contingent Open performed on MIAX Pearl Equities. In sum, the Exchange
proposes to amend Exchange Rule 2615(d) to no longer provide for a
Contingent Open at 9:45 a.m. Eastern Time. As amended, Exchange Rule
2615(d) would instead provide that the Exchange would perform its
Opening Process after the security begins trading on the primary
listing market at any time during the trading day. The Exchange also
proposes to make a corresponding change to remove a reference to the
Contingent Open in the definition of Regular Trading Session in
Exchange Rule 1901. These changes are described in more detail below.
Background
    Exchange Rule 2615 sets forth the Exchange's Opening Process and
Contingent Open. Each trading day, the Exchange begins trading in an
equities security by performing its Opening Process after the start of
Regular Trading Hours \3\ by matching eligible buy and sell orders at
the midpoint of the National Best Bid and Offer (``NBBO''),\4\ as
described below. Prior to the beginning of Regular Trading Hours,\5\
Users \6\ who wish to participate in the Opening Process may enter
orders to buy or sell that are designated as Regular Trading Hours Only
(``RHO'').\7\ Pursuant to Exchange Rule 2615(a), only orders that
include a time-in-force of RHO may participate in the Opening Process.
Orders designated as Post Only,\8\ Intermarket Sweep Orders,
(``ISOs''),\9\ include a Minimum Execution Quantity instruction,\10\
and orders that include a time-in-force other than RHO are not eligible
to participate in the Opening Process. Market Orders \11\ may include a
time-in-force of Immediate-or-Cancel (``IOC''),\12\ and are, therefore,
not eligible to participate in the Opening Process. Meanwhile, Limit
Orders,\13\ Primary Peg Orders,\14\ and Midpoint Peg Orders \15\ that
include a time-in-force of RHO are eligible to participate in the
Opening Process. All Self-Trade-Protection (``STP'') modifiers, as
described in Exchange Rule 2614(f), are honored during the Opening
Process.
---------------------------------------------------------------------------

    \3\ The term ``Regular Trading Hours'' means ``the time between
9:30 a.m. and 4:00 p.m. Eastern Time.'' See Exchange Rule 1901.
    \4\ The term ``NBBO'' means ``the national best bid and offer.''
See Exchange Rule 1901.
    \5\ According to Exchange Rule 2600(a), Users may begin to enter
orders starting at 7:30 a.m. Eastern Time.
    \6\ The term ``User'' means ``any Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Exchange Rule 2602.'' See Exchange Rule 1901.
    \7\ Exchange Rule 2614(b)(2).
    \8\ Exchange Rule 2614(c)(2).
    \9\ Exchange Rule 2614(d).
    \10\ Exchange Rule 2614(c)(7).
    \11\ Exchange Rule 2614(a)(2).
    \12\ Exchange Rule 2614(b)(1). Market Orders may include a time-
in-force of RHO solely when coupled with the PAC routing option for
purposes of routing away to participate in the primary listing
market's opening or re-opening process and will continue to not be
eligible to participate in the Exchange's Opening Process. See
Exchange Rule 2617(b)(5)(ii).
    \13\ Exchange Rule 2614(a)(1).
    \14\ Exchange Rule 2614(a)(3)(i)(B) [sic].
    \15\ Exchange Rule 2614(a)(3)(i)(A) [sic].
---------------------------------------------------------------------------

    Exchange Rule 2615(b) provides that during the Opening Process, the
Exchange attempts to match eligible buy and sell orders at the midpoint
of the NBBO. All orders eligible to trade at the midpoint are processed
in time sequence, beginning with the order with the oldest timestamp.
The Opening Process concludes when no remaining orders, if any, can be
matched at the midpoint of the NBBO. At the conclusion of the Opening
Process, the unexecuted portion of orders that were eligible to
participate in the Opening Process are placed on the MIAX PEARL
Equities Book \16\ in time sequence, cancelled, executed, or routed to
away Trading Centers \17\ in accordance with the terms of the order.
---------------------------------------------------------------------------

    \16\ The term ``MIAX Pearl Equities Book'' means the electronic
book of orders in equity securities maintained by the System. See
Exchange Rule 1901.
    \17\ The term ``Trading Center'' has the same meaning as in Rule
600(b)(82) of Regulation NMS. See Exchange Rule 100.
---------------------------------------------------------------------------

    Pursuant to Exchange Rule 2615(c), the Exchange calculates the
midpoint of the NBBO as follows. When the primary listing exchange is
the New York Stock Exchange LLC (``NYSE'') or NYSE American LLC (``NYSE
American''), the Opening Process is priced at the midpoint of the: (i)
first NBBO subsequent to the first reported trade and first two-sided
quotation on the primary listing exchange after 9:30:00 a.m. Eastern
Time; or (ii) then prevailing NBBO when the first two-sided quotation
is published by the primary listing exchange after 9:30:00 a.m. Eastern
Time, but before 9:45:00 a.m. Eastern Time if no first trade is
reported by the primary listing exchange within one second of
publication of the first two-sided quotation by the primary listing
exchange. For any other primary listing exchange, such as The Nasdaq
Stock Market LLC (``Nasdaq''), NYSE Arca, LLC (``NYSE Arca''), and Cboe
BZX Exchange, Inc. (``Cboe BZX''), the Opening Process is priced at the
midpoint of the first NBBO subsequent to the first two-sided quotation
published by the primary listing exchange after 9:30:00 a.m. Eastern
Time.
    Exchange Rule 2615(d) describes the Contingent Open and provides
that if the conditions to establish the price of the Opening Process
described above do not occur by 9:45:00 a.m. Eastern Time, the Exchange
will conduct a Contingent Open and match all orders eligible to
participate in the Opening Process at the midpoint of the then
prevailing NBBO. Exchange Rule 2615(d) further provides that if the
midpoint of the NBBO is not available for the Contingent Open, all
orders are handled in time sequence, beginning with the order with the
oldest timestamp, and are placed on the MIAX PEARL Equities Book,
cancelled, executed, or routed to away Trading Centers in accordance
with the terms of the order.
Proposed Change
    The Exchange proposes to amend Exchange Rule 2615(d) to no longer
provide for a Contingent Open at 9:45 a.m. Eastern Time. Instead, the
Exchange would not open trading in an equity security until that equity
security began trading on the primary listing market and the conditions
to establish the opening price set forth under Exchange Rule 2615(c)
described above occur. At such time, the Exchange will perform its
Opening Process and match all eligible orders at the midpoint of the
NBBO, if any, and feed any unexecuted orders onto the MIAX Pearl
Equities Book in time sequence, as described above. The Opening Process
may occur anytime during Regular Trading Hours, including at or after
9:45 a.m. Eastern Time.
    The Exchange initially adopted the Contingent Open under Exchange
Rule 2615(d) as part of its proposal to adopt rules governing the
trading of equity securities on MIAX Pearl Equities.\18\ The initial
intent was to align Exchange Rule 2615 with similar rules and
functionality available on other equities exchanges. The other
exchanges on

which the Exchange based Rule 2615(d) are non-primary listing exchanges
that, unlike the Exchange, offer an early trading session.\19\ The
Exchange currently only offers a Regular Trading Session.\20\ Normally,
an early trading session ends and a regular trading session begins when
a security is opened for trading on that market. On a non-primary
listing market like on which the Exchange based its Rules, this
requires the security is to be [sic] open for trading on the primary
listing market. Where a security has not begun to trade on the primary
listing market, a Contingent Open serves an important purpose of
prescribing an end to the early trading session and beginning of the
regular trading session on that non-primary listing exchange. A
Contingent Open allows a non-primary listing exchange that provides an
early trading session to transition to a regular trading session in a
timely manner where a security has not opened for trading on the
primary listing market.\21\
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 89563 (August 14,
2020), 85 FR 51510 (August 20, 2020) (SR-PEARL-2020-03) (adopting
rules for MIAX Pearl Equities including Exchange Rule 2615(d)).
    \19\ See, e.g., Cboe EDGX Exchange Rules 11.1(a)(1) and 11.7(d),
and Cboe EDGA Exchange, Inc. Rules 11.1(a)(1) and 11.7(d).
    \20\ The term ``Regular Trading Session'' means ``the time
between the completion of the Opening Process or Contingent Open as
defined in Exchange Rule 2615 and 4:00 p.m. Eastern Time.'' See
Exchange Rule 1901.
    \21\ See, e.g., Securities Exchange Act Release Nos. 72676 (July
25, 2014), 79 FR 44520 (July 31, 2014) (Notice); and 73468 (October
29, 2014), 79 FR 65450 (November 4, 2014) SR-EDGX-2014-18 (Notice of
Filing of Amendment Nos. 1 and 3 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1
and 3, To Amend EDGX Rule 1.5 and Chapter XI Regarding Current
System Functionality Including the Operation of Order Types and
Order Instructions) (SR-EDGX-2014-18).
---------------------------------------------------------------------------

    The Exchange currently does not offer an early trading session and,
therefore, the Contingent Open does not serve as a transition from an
early trading session to a regular trading session. A Contingent Open
simply allows the Exchange to trade a security when that security has
not yet opened on the primary listing market. Once open on the primary
listing market, the market for that security may be more robust and the
security is likely trading at prices that more closely resemble its
value due to that security having been subject to the primary listing
market's opening auction process. Therefore, in the absence of an early
trading session, the Exchange believes it is not necessary for it
perform a Contingent Open at 9:45 a.m. Eastern Time. Instead, the
Exchange believes it is appropriate for it to wait for a security to be
trading on the primary listing market before it also begins to trade
that security. The Exchange believes this could result in eligible
orders being matched in the Opening Process at a midpoint of the NBBO
that better reflects the security's trading characteristics and value.
    In the Exchange's experience, most securities are open by 9:45:00
a.m. Eastern Time and the Exchange performs its Opening Process and is
trading practically the entire market. However, at times, a security
may not open by 9:45:00 a.m. This is common in less liquid securities.
In these cases, the Exchange would not begin to trade a security if and
until that security opens for trading on the primary listing
market.\22\
---------------------------------------------------------------------------

    \22\ Should the Exchange seek to adopt an early trading session
in the future, it anticipates that it would also seek to readopt a
Contingent Opening Process at that time to set a time at which a
security would transition from the early to regular trading sessions
where it has not begun trading on the primary listing market. The
Exchange will submit a filing with the Commission pursuant to
Section 19(b)(1) should it decide to adopt an early trading session
in the future.
---------------------------------------------------------------------------

    As a result of the proposed changes, Exchange Rule 2615(d) would be
amended to no longer provide for a Contingent Open. Instead, Exchange
Rule 2615(d) would provide that ``[t]he Exchange will perform the
Opening Process at any time during Regular Trading Hours when the
conditions to establish the price of the Opening Process set forth
under paragraph (c) [of Exchange Rule 2615] occur.''
    Lastly, the Exchange proposes to make a corresponding change to
remove a reference to the Contingent Open in the definition of Regular
Trading Session in Exchange Rule 1901. Currently, the term ``Regular
Trading Session'' shall mean the time between the completion of the
Opening Process or Contingent Open as defined in Exchange Rule 2615 and
4:00 p.m. Eastern Time. The Exchange proposes to remove the reference
to the Contingent Open so that the Regular Trading Session would now be
from the time of the completion of the Opening Process as defined in
Exchange Rule 2615 and 4:00 p.m. Eastern Time.
Implementation
    The Exchange will implement the proposed changes to Exchange Rule
2615(d) on the effective date of this proposed rule change. The
Exchange will issue a Regulatory Alert announcing the exact
implementation date of this proposal.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\23\ in general, and furthers the objectives of Section
6(b)(5),\24\ in particular, because it is designed to promote just and
equitable principles of trade, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \25\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(5).
    \25\ Id.
---------------------------------------------------------------------------

    As discussed above, the Exchange initially adopted the Contingent
Open to align its rule with similar functionality available at other
equities exchanges.\26\ These other exchanges on which the Exchange
based Rule 2615(d) currently offer early trading sessions,\27\ while
the Exchange does not. On these exchanges, a Contingent Open serves as
the end to the early trading session and beginning of the regular
trading session. As discussed above, the Exchange believes it is not
necessary for it perform a Contingent Open at 9:45 a.m. Eastern Time.
The Exchange does not currently offer an early trading session and does
not have a need for a Contingent Open to serve as a transition to its
Regular Trading Session. Instead, the Exchange would prefer to wait to
perform its Opening Process until the security begins to trade on the
primary listing market before it also begins to trade that security. As
noted above, the Exchange matches orders during its Opening Process at
the midpoint of the NBBO. The Exchange believes that the midpoint of
the NBBO present after the security is opened by the primary listing
exchange may better reflect the true market for the security due to
increased liquidity and improved market quality. Therefore, the
Exchange believes the proposal promotes just and equitable principles
of trade, and removes impediments to and perfects the mechanism of a
free and open market and a national market system because a security
might be trading at prices that are more in-line with its normal
trading behavior.
---------------------------------------------------------------------------

    \26\ See supra note 18.
    \27\ See supra note 19.
---------------------------------------------------------------------------

    The proposed rule change would also not permit unfair
discrimination between customers, issuers, brokers, or dealers because
no User would be able to trade the security until the Exchange performs
its Opening Process as described herein. The proposal is not designed
to target any single type of market participant. It is simply intended
to amend Exchange Rule 2615(d) to no longer provide for a Contingent
Open. Should the Exchange begin to offer an

early trading session, the Contingent Open Process would serve as a
transition period from the early to regular trading sessions, as it
does today on other markets. The Exchange believes that, in the
meantime, it may benefit all market participants for the Exchange to
wait to trade a security until that security is opened by the primary
listing exchange where that security's market may be more robust.
    The Exchange is not aware of any rule or regulation that requires
an exchange to perform a Contingent Open or trade all securities for a
full trading day. Should the Exchange seek to adopt an early trading
session in the future, it anticipates that it would also seek to
readopt a Contingent Open to set a time at which a security would
transition from the early to regular trading sessions where it has not
begun trading on the primary listing market.
    Lastly, the Exchange's proposal to make a corresponding change to
remove a reference to the Contingent Open in the definition of Regular
Trading Session in Exchange Rule 1901 remove impediments to and perfect
the mechanism of a free and open market and a national market system
because it would ensure the Exchange's rules are clear and continue to
not include an ambiguities and references that could cause potential
investor confusion.

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

    The Exchange does not believe the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
    Specifically, the Exchange does not believe the proposed rule
change would impose an undue burden on intramarket competition on the
Exchange because all Users would be impacted equally. No User would be
able to trade an equity security on the Exchange until that security is
opened by the primary listing market and the Exchange conducts its
Opening Process. Other exchanges simply begin trading equity securities
at 9:30:00 a.m. Eastern Time regardless of whether the security was
opened by the primary listing exchange.\28\ Meanwhile, as noted above,
other exchanges employ a contingent open at 9:45 a.m. Eastern Time.\29\
Market participants that wish to trade between 9:30 a.m. Eastern Time
and the time the security is opened by the primary listing exchange may
send their orders to these exchanges. Therefore, the proposed rule
change should not impose any burden on intramarket competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \28\ See, e.g., NYSE National, Inc. Rule 7.34(a)(2) (defining
Core Trading Session), and NYSE Chicago Rule 7.34(a)(2) (defining
Core Trading Session).
    \29\ See supra note 27.
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    In addition, the Exchange does not believe the proposed rule change
would impose an undue burden on intermarket competition between
exchanges. The Exchange is not aware of any rule or regulation that
requires an exchange to perform a Contingent Open or trade all
securities for a full trading day. The Exchange simply proposes to wait
until an equity security is open for trading by the primary listing
market before it conducts its own Opening Process and begins to trade
that security. As stated above, other exchanges begin to trade an
equity security at 9:30 a.m. Eastern Time and those exchanges may enjoy
some competitive advantage as a result of the proposed rule change. The
Exchange understands that it may suffer the competitive disadvantage
until the time it performs its Opening Process. However, the Exchange
does not believe the amount of trading volume that may be directed away
from the Exchange to these exchanges would cause an unfair burden on
competition between it and its exchange competitors. This competitive
dynamic exists today with regard to pre-market and post-market trading
on exchanges. The Exchange does not currently compete for order flow
pre or post market because it does not offer trading outside of Regular
Trading Hours. Therefore, the proposed rule change does not introduce
any new competitive issues between exchanges. Based on the above, the
Exchange does not believe the proposed rule change would impose a
burden on intermarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
    Lastly, the Exchange's proposal to make a corresponding change to
remove a reference to the Contingent Open in the definition of Regular
Trading Session in Exchange Rule 1901 will have no competitive impact
because it is simply a corresponding change to ensure the Exchange's
rules are clear and continue to not include an ambiguities and
references that could cause potential investor confusion.

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

    Pursuant to Section 19(b)(3)(A) of the Act \30\ and Rule 19b-
4(f)(6) \31\ thereunder, the Exchange has designated this proposal as
one that effects a change that: (i) does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) by its terms, does not
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.\32\
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    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f)(6).
    \32\ 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 at least five business days prior to
the date of filing of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \33\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \34\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay so that the
proposal may become operative immediately upon filing. The Exchange
states that matching orders at the midpoint of the NBBO after a
security is open on the primary market, as occurs during the Exchange's
Opening Process, may better reflect the true market for the security
than a midpoint execution during the Contingent Open, which may occur
prior to the security being open on the primary listing market. The
Exchange also states that waiver of the operative delay would not have
a material impact on trading because: (i) the Exchange currently does
not offer an early trading session and, therefore, the Contingent Open
does not serve as a transition from an early trading session to a
regular trading session; and (ii) the Exchange does not currently
attract a material amount of order flow at the beginning of the trading
day, and thus any impact by the Exchange not performing a Contingent
Open would be minimal. Therefore, the Commission believes that waiver
of the 30-day operative delay is consistent with the protection of
investors and the public interest. Accordingly, the Commission hereby
waives the 30-day operative delay and

designates the proposed rule change operative upon filing.\35\
---------------------------------------------------------------------------

    \33\ 17 CFR 240.19b-4(f)(6).
    \34\ 17 CFR 240.19b-4(f)(6)(iii).
    \35\ 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 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 under
Section 19(b)(2)(B) of the Act \36\ to determine whether the proposed
rule should be approved or disapproved.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2023-71 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-PEARL-2023-71. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-PEARL-2023-71 and should be
submitted on or before January 12, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\37\
---------------------------------------------------------------------------

    \37\ 17 CFR 200.30-3(a)(12), 59.
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-28197 Filed 12-21-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Notices]
[Page 35892]
[DOCID:fr22jn06-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Amendment of License and Soliciting
Comments, Motions To Intervene, and Protests

June 16, 2006.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Amendment of License.
    b. Project No.: 190-097.
    c. Date Filed: March 27, 2006.
    d. Applicant: Moon Lake Electric Association, Inc.
    e. Name of Project: Uintah Hydroelectric Project.
    f. Location: The project is located on the Uintah River, Big
Spring, and Pole Creek, within Ashley National Forest, in Duchesne
County, Utah, and occupies lands of the Uintah and Ouray Indian
Reservation of the Ute Indian Tribe.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Kenneth A. Winder, Manager--Engineering,
Moon Lake Electric Association, Inc., 188 West 2nd North, Roosevelt,
Utah 84066, telephone:<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Mrs. Anumzziatta Purchiaroni at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: July 17, 2006.
    k. Description of Request: In the filing, Moon Lake Electric
Association, Inc., (Moon Lake) explains that Moon Lake and the Ute
Indian Tribe have now entered into an agreement to adjust the annual
charges assessed for the use and occupancy of tribal lands, pursuant to
Article 201.c of the license. Therefore, Moon Lake is requesting an
amendment of the license to revise the annual charges as set forth in
the agreement.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. Information about this filing
may also be viewed on the Commission's Web site at 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. You may
also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. All documents (original and eight copies)
should be filed with: Magalie R. Salas, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A
copy of any motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9893 Filed 6-21-06; 8:45 am]

BILLING CODE 6717-01-P