MEMORANDUM

DATE:  7/29/15

FROM:  Ken Mitchell/EPA Region 4

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

SUBJECT:  Discussion of the Clean Power Plan at the Georgia Institute of Technology

SUMMARY:         REGION 4 PROVIDED INFORMATION ON THE CLEAN POWER PLAN to students studying climate change at the Georgia Institute of Technology in Atlanta, GA, on March 4, 2015.  The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.   ATTENDEES:

EPA Ken Mitchell/EPA R4

External Stakeholders Georgia Tech students studying climate change (course instructor is Dr. Kim Cobb)

ATTACHMENT


[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Notices]
[Page 51395]
[FR Doc No: 2014-20508]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0152]

Petition To Amend 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 letter dated
July 23, 2014, the National Railroad Passenger Corporation (Amtrak) has
petitioned the Federal Railroad Administration (FRA) for an extension
of a previously approved waiver granted in Docket Number FRA-2010-0152
on May 11, 2010, that provided relief from certain provisions of the
Federal railroad safety regulations contained at 49 CFR Part 240,
Qualification and Certification of Locomotive Engineers for a period of
5 years. The relief was granted to Amtrak contingent on participation
in the Confidential Close Call Reporting System (C3RS) pilot project.
    On January 24, 2013, Amtrak modified the C3RS Implementing
Memorandum of Understanding (IMOU) provisions to extend boundaries for
relief and include additional protection for tenant operations within
the limits of Amtrak's Sunnyside Yard. FRA granted relief for the
changes on May 8, 2013.
    The July 23, 2014, petition states that the current IMOU, dated May
11, 2010, and subsequent amendments that govern the pilot program will
be replaced with a new IMOU. Amtrak, employees represented by the
Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Sheet
Metal, Air, Rail and Transportation Workers Transportation Division
(SMART-TD), and FRA intend to sign the new IMOU that will be effective
on December 1, 2014, replacing the original IMOU as current relief
expires.
    The new IMOU is based on a revised template provided by FRA and
will provide provisions similar to the current IMOU plus Article 3.2
that will extend protections to tenant locomotive engineers and
conductors in tenant/host operations.
    Amtrak, BLET, and SMART-TD seek to shield the reporting employees
and the railroad from punitive sanctions that would otherwise arise as
provided in 49 CFR 240.307, Revocation of certification, to encourage
locomotive engineer reporting of close calls and to protect locomotive
engineers and Amtrak from discipline or sanctions arising from the
incidents reported pursuant to the new IMOU.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    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 within October 14, 2014 of the date of this
notice 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 document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on August 20, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-20508 Filed 8-27-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: April 2, 2007 (Volume 72, Number 62)]
[Notices]
[Page 15673-15674]
[DOCID:fr02ap07-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-139-001]

Algonquin Gas Transmission, LLC; Notice of Compliance Filing and
Request To Lift Suspension and Place Tariff Sheets Into Effect Subject
to Condition

March 26, 2007.
    Take notice that on March 9, 2007, Algonquin Gas Transmission, LLC,
(Algonquin) tendered for filing its response in compliance with the
Commission's directive in its February 16, 2007 order issued in this
proceeding, including proposed tariff revisions reflected on pro forma
tariff sheets attached to the filing. Algonquin also requests that the
Commission (i) lift the suspension of the tariff sheets in this
proceeding; and (ii) allow Algonquin to place the accepted tariff
sheets into effect on or before April 1, 2007, conditioned on Algonquin
filing revised sheets, to the extent necessary, within 10 days of a
Commission order.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in

determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Such protests must be filed
on or before the date as indicated below. Anyone filing a protest must
serve a copy of that document on all the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on April 3, 2007.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-5944 Filed 3-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Notices]
[Pages 81667-81670]
[FR Doc No: 2015-32863]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0289; FMCSA-2009-0290; FMCSA-2011-0300; FMCSA-
2013-0190; FMCSA-2013-0191]

Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions of 107
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt
individuals from this rule if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates
stated in the discussions below. Comments must be received on or before
January 29, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No.

FMCSA-2009-0289; FMCSA-2009-0290; FMCSA-2011-0300; FMCSA-2013-0190;
FMCSA-2013-0191, using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the Federal Motor Carrier Safety Regulations 2-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 107 individuals listed
in this notice have recently become eligible for a renewed exemption
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. The drivers remain in good
standing with the Agency, have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.

Exemption Decision

    This notice addresses 107 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 107 drivers
remain in good standing with the Agency, have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each
exemption for a renewable two-year period. Each individual is
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1)
That each individual submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) that each individual reports
within 2 business days of occurrence, all episodes of severe
hypoglycemia, significant complications, or inability to manage
diabetes; also, any involvement in an accident or any other adverse
event in a CMV or personal vehicle, whether or not it is related to an
episode of hypoglycemia; (3) that each individual submit an annual
ophthalmologist's or optometrist's report; and (4) that each individual
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy in his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the certification when driving, for presentation to
a duly authorized Federal, State, or local enforcement official.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. The following groups of
drivers received renewed exemptions in the month of January and are
discussed below.
    As of January 5, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 20 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (76 FR 71112; 77 FR
532):

Mark A. Aspden (MA)
Rodney C. Backus (NY)
Gary L. Breitenbach (SC)
Gerald R. Curran (PA)
Matthew G. Denisov (NC)
Shawn K. Fleming (PA)
Steven W. Gerling (IA)
Jackie D. Greenlee (MO)
Gregory L. Horton (GA)
Justin W. Jackson (OK)
David T. Kylander (MO)
Kevin A. Perdue (MD)
Michael E. Pleak (IN)
Sarah M. Powell (NM)
James G. Rahn (IA)
Christopher C. Stephenson (KS)
Ward A. Stone (WI)
Todd J. Timmerman (WI)
Richard L. White (MS)
Paul A. Wright (NY)

    The drivers were included in Docket No. FMCSA-2011-0300. Their
exemptions are effective as of January 5, 2016 and will expire on
January 5, 2018.
    As of January 11, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 24 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (74 FR 55890; 75 FR
1449):

Eric M. Butz (OH)
Rita A. Cefaratti (CT)
Gerald F. Crowley (NY)
Scott J. Denham (MN)
Larry E. Dickerson (GA)
Lance W. Essex (OH)
David E. Ginter (PA)
William H. Goebel (IA)
Joseph L. Gray III (PA)
Ryan R. Harris (IA)
Carroll J. Hartsell (WV)
Keith M. Huels (AZ)
Daniel R. Jackson (PA)
Curtis W. Keelin, Jr. (WY)
Patrick J. Krueger (WI)
Tammy Lynn F. Manuel (SC)

Francisco J. Martinez (MA)
Andrew W. Myer (NE)
Chad A. Nelson (UT)
David W. Olson (AZ)
Mark E. Pascoe (WI)
Terry L. Riddell (IN)
Roger L. Summerfield (WI)
Jimmy P. Wright (TX)

    The drivers were included in Docket No. FMCSA-2009-0289. Their
exemptions are effective as of January 11, 2016 and will expire on
January 11, 2018.
    As of January 23, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (78 FR 65034; 79 FR
3917):

Clair H. Gilmore (WA)
Michael Kollos (MN)
Daniel T. Lindahl (WI)
James F. McSweeney (NH)
Eric W. Miller (IN)
William J. Rodgers (PA)
Mark A. Rosenau (MN)
Daniel B. Shaw (FL)
John C. Thomas (IN)
Richard Wasko (FL)
Douglas E. Wilhoit (PA)
Richard A. Wilk (OH)
Thomas A. Young (TX)

    The drivers were included in Docket No. FMCSA-2013-0190. Their
exemptions are effective as of January 23, 2016 and will expire on
January 23, 2018.
    As of January 28, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 25 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (74 FR 65836; 75 FR
4622):

Bob A. Bauer (WI)
Michael P. Berger (ND)
William D. Blosch (GA)
Victor M. Brunner (WI)
Tom L. Cooley (KS)
Wallace E. Crouse, Jr. (MA)
Robert G. Dohman, Jr. (ND)
Danny E. Edmondson (GA)
Andrew C. Everett (AZ)
Wendell G. Fordham (GA)
Eugene G. Friedman (NJ)
Donald W. Hansen (ND)
Joseph S. Hernandez (NM)
Jordan T. Johnston (IN)
Jere W. Kirkpatrick (OH)
Kyle A. Leach (NE)
Robert J. Lewis, Jr. (VT)
Stacy R. Oberholzer (PA)
Michael S. Ogle (GA)
Walter L. Patrick (TN)
Clifford A. Peters (IL)
Richard L. Piercefield, Sr. (MI)
Kevin A. Roginski (PA)
Bruce M. Stockton (MO)
Todd R. Vickers (MD)

    The drivers were included in Docket No. FMCSA-2009-0290. Their
exemptions are effective as of January 28, 2016 and will expire on
January 28, 2018.
    As of January 29, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 25 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (78 FR 68139; 79 FR
4807):

Dylan J. Bryan (IL)
Robert A. Collins (NJ)
Fred J. Combs (OH)
Edward C. DeFrancesco (CT)
Terrance J. Dusharm (MN)
Jonathan Eggers (MN)
Gilbert N. Fugate (IN)
Scott C. Garbiel (ME)
Charles D. Grant (GA)
William F. Hamann (KY)
Jerry J. Klosterman (OH)
Joseph E. Kolb (NY)
Matthew D. Lee (VA)
Craig A. Lemponen (OH)
Matthew P. Ludwig (NY)
Keith B. Masters (NH)
Eli J. Meekhof (MI)
Jeffrey A. Olson (IA)
Marvin H. Patterson III (SC)
Brandon C. Rhinehart (MD)
Donald R. Sine, Jr. (WV)
Dennis E. Taunton (ID)
Phillip A. Trent (VA)
Deborah D. Watson (MI)
Ronnie C. Webb (MT)

    The drivers were included in Docket No. FMCSA-2013-0191. Their
exemptions are effective as of January 29, 2016 and will expire on
January 29, 2018.
    Each of the 107 drivers in the aforementioned groups qualifies for
a renewal of the exemption. They have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each of the
107 drivers for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption. The drivers were
included in docket numbers FMCSA-2009-0289; FMCSA-2009-0290; FMCSA-
2011-0300; FMCSA-2013-0190; FMCSA-2013-0191.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 29, 2016.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 107 individuals from rule
prohibiting persons with ITDM from operating CMVs in interstate
commerce in 49 CFR 391.41(b)(3). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the medical condition of each applicant for an exemption from
rule prohibiting persons with ITDM from operating CMVs in interstate
commerce. That information is available by consulting the above cited
Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the

search box insert the docket numbers FMCSA-2009-0289; FMCSA-2009-0290;
FMCSA-2011-0300; FMCSA-2013-0190; FMCSA-2013-0191 and click the search
button. When the new screen appears, click on the blue ``Comment Now!''
button on the right hand side of the page. On the new page, enter
information required including the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the facility, please
enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, and to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2009-0289; FMCSA-2009-0290; FMCSA-2011-0300; FMCSA-2013-0190;
FMCSA-2013-0191 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: December 15, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-32863 Filed 12-29-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70807-70809]
[FR Doc No: 2011-29275]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly notice of PFC approvals and disapprovals. In October
2011, there were six applications approved. This notice also includes
information on one application, approved in September 2011,
inadvertently left off the September 2011 notice. Additionally, 14
approved amendments to previously approved applications are listed.

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SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: City of Orlando, Florida.
    Application Number: 11-14-C-00-MCO.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved In This Decision: $26,952,400.
    Earliest Charge Effective Date: February 1, 2026.
    Estimated Charge Expiration Date: June 1, 2026.
    Class of Air Carriers Not Required To Collect PFC's: None.
    Brief Description of Projects Approved For Collection and Use:
    Emergency electrical system improvements: Landside phase 2 and
airside terminal 4 phase 1 (design and construction).
    Enplane road structural improvements (design and construction).
    Landside signage improvements (design and construction).
    Taxiway B-2 extension and taxiway B-1 rehabilitation (design and
construction).
    Elevator and escalator safety code compliance improvements (design
and construction).
    Runway 18U36R structural joint rehabilitation.
    Closed circuit television improvements (design and construction).
    Brief Description of Projects Partially Approved For Collection and
Use:

Emergency radio dispatch system upgrade.
    Determination: The emergency radio dispatch system is used for both
eligible (aircraft rescue and firefighting and aviation security) and
ineligible (normal law enforcement activities and medical emergencies)
purposes. The PFC approval was limited to the cost associated with the
eligible activities.
    Airside 4 hub mechanical system improvements (design and
construction).
    Determination: That portion of the mechanical systems serving
concessions and other non-public areas of the terminal was found to be
ineligible.
    Decision Date: September 28, 2011.
    For Further Information Contact: Susan Moore, Orlando Airports
District Office,<PHONE_NUMBER>.

    Public Agency: City of Augusta, Georgia.
    Application Number: 11-03-C-00-AGS.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $2,091,034.
    Earliest Charge Effective Date: September 1, 2026.
    Estimated Charge Expiration Date: November 1, 2027.
    Class of Air Carriers Not Required to Collect PFC's: Air taxi
operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Augusta Regional Airport.
    Brief Description of Projects Approved for Collection and Use:
    Runway 17/35 rehabilitation.
    General aviation terminal parking lot.

    Decision Date: October 6, 2011.
    For Further Information Contact: Anna Guss, Atlanta Airports
district Office,<PHONE_NUMBER>.

    Public Agency: County of Broome, Johnson City, New York.
    Application Number: 11-15-C-00-BGM.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $298,884.
    Earliest Charge Effective Date: December 1, 2015.
    Estimated Charge Expiration Date: September 1, 2016.
    Class of Air Carriers Not Required to Collect PFC's: Nonscheduled/
on-demand air carriers filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Greater Binghamton Airport.
    Brief Description of Projects Approved For Collection and Use:
    Replacement of aircraft rescue and firefighting gear.
    Snow removal equipment purchase.
    PFC administrative costs (2012-2016).
    Airport master plan phase III.
    West apron rehabilitation design.
    West apron rehabilitation construction.
Purchase of portable Americans with Disabilities Act compliant
passenger boarding ramp.
    Decision Date: October 17, 2011.
    For Further Information Contact: Andrew Brooks, New York Airports
District Office,<PHONE_NUMBER>.

    Public Agency: City of Atlanta, Georgia.
    Application Number: 11-13-C-00-ATL.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $171,840,875.
    Earliest Charge Effective Date: March 1, 2023.
    Estimated Charge Expiration Date: April 1, 2024.
    Class of Air Carriers Not Required to Collect PFC's: Air taxi/
commercial operators when enplaning revenue passengers in limited,
irregular, special service air taxi/commercial operations such as air
ambulance services, student instruction, and non-stop sight seeing
flights, that begin and end at the airport and are concluded within a
25-mile radius of the airport.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Hartsfield-Jackson Atlanta International Airport.
    Brief Description of Projects Approved for Collection and Use at a
$4.50 PFC Level:
    Supplemental windcones relocation and directional signage.
    Common use baggage handling system.
    T-north optimization and expansion--phases I and II.
    Deicing system upgrades.
    Airfield pavement replacement 2011-2016.
    Brief Description of Projects Approved for Collection and Use at a
$3.00 PFC Level:

    A380 airfield modifications.
    A380 terminal modifications.
    Land acquisition for airport expansion east.
    Airfield lighting vaults emissions reduction modifications.
    Airport sustainability plan.
    Terminal upgrades--concourse D.
    Airport master plan update.

    Decision Date: October 19, 2011.
    For Further Information Contact: Anna Guss, Atlanta Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City of Billings, Montana.
    Application Number: 12-07-C-00-BIL.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved in this Decision: $2,020,000.
    Earliest Charge Effective Date: December 1, 2011.
    Estimated Charge Expiration Date: October 1, 2013.
    Class of Air Carriers Not Required to Collect PFC's: None.
    Brief Description of Projects Approved For Collection and Use:

Snow removal equipment replacement.
Terminal security lobby expansion. Update airport storm water system
plan.
Airfield storm water detention improvements.

    Decision Date: October 20, 2011.
    For Further Information Contact: Dave Stelling, Helena Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Port of Seattle, Seattle, Washington.
    Application Number: 11-07-C-00-SEA.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $155,720,118.
    Earliest Charge Effective Date: January 1, 2027.
    Estimated Charge Expiration Date: November 1, 2028.
    Class of Air Carriers Not Required to Collect PFC's: None.
    Brief Description of Project Approved For Collection and Use at a
$4.50 PFC Level: In-line baggage system.
    Decision Date: October 21, 2011.
    For Further Information Contact: Trang Tran, Seattle Airports
District Office,<PHONE_NUMBER>.

    Public Agency: County of Oneida and City of Rhinelander,
Rhinelander, Wisconsin.
    Application Number: 12-12-C-00-RHI.
    Application Type: Impose and use a PFC.

    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $35,135.
    Earliest Charge Effective Date: December 1, 2011.
    Estimated Charge Expiration Date: June 1, 2012.
    Class of Air Carriers Not Required to Collect PFC's: Nonscheduled/
on-demand air carriers filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Rhinelander/Oneida County Airport.
    Brief Description of Projects Approved for Collection and Use:

Update master plan.
Electrical vault remodel.
Design taxiway A, Al, A3, B and D reconstruction.
Airfield pavement plus incursion markings.
Wind cone lighting upgrade.
Rehabilitate taxiways.
PFC administration.

    Decision Date: October 24, 2011.
    For Further Information Contact: Daniel Millenacker, Minneapolis
Airports District Office,<PHONE_NUMBER>.

                                                               Amendments to PFC Approvals
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Original                            Original           Amended
                  Amendment No., city, state                    Amended approved  approved net PFC  Amended approved  estimated charge  estimated charge
                                                                      date             revenue       net PFC revenue      exp. date         exp. date
--------------------------------------------------------------------------------------------------------------------------------------------------------
05-10-C-09-MCO, Orlando, FL...................................          09/27/11      $745,803,511      $749,303,511          12/01/19          12/01/19
06-06-C-02-GRK, Killeen, TX...................................          09/28/11         2,780,476         2,494,772          01/01/10          01/01/10
09-13-C-01-MCO, Orlando, FL...................................          09/29/11       227,788,000       227,788,000          02/01/26          02/01/26
09-01-C-01-CHS, Charleston, SC................................          09/29/11         7,933,920        14,833,920          12/01/11          06/01/13
07-02-C-01-NYL, Yuma, AZ......................................          09/30/11         1,155,674         1,455,674          01/01/13          01/01/14
01-03-C-01-LWS, Lewiston, ID..................................          10/05/11         1,171,746         1,300,088          07/01/16          02/01/12
08-04-C-01-RST, Rochester, MN.................................          10/07/11         1,555,114         1,319,101          01/01/11          07/01/10
08-14-C-02-MKE, Milwaukee, WI.................................          10/07/11        16,860,334        19,730,334          08/01/20          11/01/20
11-07-C-01-PUW, Pullman, WA...................................          10/11/11           101,950           210,700          03/01/12          11/01/12
00-03-C-03-CSG, Columbus, GA..................................          10/12/11           864,065           876,138          11/01/06          11/01/06
05-02-C-02-ANC, Anchorage, AK.................................          10/14/11        25,000,000        85,000,000          07/01/15          12/01/26
11-07-C-01-LFT, Lafayette, LA.................................          10/21/11         1,000,000         1,965,000          05/01/14          05/01/15
94-01-C-06-1SP, Ronkonkoma, NY................................          10/26/11        21,865,831        22,382,626          07/01/04          07/01/04
96-02-C-02-ISP, Ronkonkoma, NY................................          10/26/11         4,059,528         4,497,958          03/01/05          03/01/05
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC on November 3, 2011.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. 2011-29275 Filed 11-14-11; 8:45 am]
BILLING CODE 4910-13-M


[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77640-77641]
[FR Doc No: 2015-31401]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-E-0182]

Determination of Regulatory Review Period for Purposes of Patent
Extension; VIZAMYL

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for VIZAMYL and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application 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 (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
February 16, 2016. 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 June 13,
2016. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for
more information.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://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 http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2014-E-0182 for Determination of Regulatory Review Period for
Purposes of Patent Extension; VIZAMYL. Received comments will be placed
in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both

copies to the Division of Dockets Management. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: 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 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 VIZAMYL
(flumetamol F18 injection). VIZAMYL is a radioactive diagnostic agent
indicated for Positron Emission Tomography imaging of the brain to
estimate [beta] amyloid neuritic plaque density in adult patients with
cognitive impairment who are being evaluated for Alzheimer's disease or
other causes of cognitive decline. Subsequent to this approval, the
USPTO received a patent term restoration application for VIZAMYL (U.S.
Patent No. 7,270,800) from GE Healthcare Limited, and the USPTO
requested FDA's assistance in determining this patent's eligibility for
patent term restoration. In a letter dated March 27, 2014, FDA advised
the USPTO that this human drug product had undergone a regulatory
review period and that the approval of VIZAMYL 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
VIZAMYL is 1,541 days. Of this time, 1,176 days occurred during the
testing phase of the regulatory review period, while 365 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 (the FD&C Act) (21 U.S.C. 355(i)) became
effective: August 8, 2009. FDA has verified the applicant's claim that
the date the investigational new drug application (IND) became
effective was on August 8, 2009.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: October
26, 2012. FDA has verified the applicant's claim that the new drug
application (NDA) for VIZAMYL (NDA 203137) was initially submitted on
October 26, 2012.
    3. The date the application was approved: October 25, 2013. FDA has
verified the applicant's claim that NDA 203137 was approved on October
25, 2013.
    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 application for patent extension,
this applicant seeks 951 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 ask for
a redetermination (see DATES). 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.
To meet its burden, the petition must be timely (see DATES) and contain
sufficient facts to merit an FDA investigation. (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 http://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: December 8, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-31401 Filed 12-14-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52730-52733]
[FR Doc No: 2016-18795]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78475; File No. SR-IEX-2016-05]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 11.330 To Combine the TOPS and LAST Data Products and Make Minor
Correcting and Conforming Changes to the Description of TOPS Viewer

August 3, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 28, 2016, the Investors Exchange LLC (``IEX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC

(``IEX'' or ``Exchange'') is filing with the Securities and Exchange
Commission (``Commission'') a proposed rule change to amend Rule 11.330
(Data Products) to (i) combine the TOPS and LAST data products to
eliminate the LAST data product and add execution information to the
TOPS data product, and (2) make minor correcting and conforming changes
to the description of TOPS Viewer. The Exchange has designated this
proposal as non-controversial and provided the Commission with the
notice required by Rule 19b-4(f)(6)(iii) under the Act.\6\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statement [sic] may be examined
at the places specified in Item IV below. The self-regulatory
organization 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 Rule 11.330 (Data Products) to
combine the TOPS and LAST data products, to eliminate the LAST data
product, and to add execution information to the TOPS data product.
Currently, Rule 11.330(a)(1) specifies that the TOPS data product is an
uncompressed data feed that offers aggregated top of book quotations
for all displayed orders resting on the Order Book, while paragraph
(a)(3) specifies that the LAST data product is an uncompressed data
feed that offers only execution information based on equities orders
entered into the System (i.e. last sale information). IEX has
determined to add the information contemplated to be provided in LAST
into TOPS.
    Accordingly, the Exchange proposes to amend Rule 11.330(a)(1) to
provide that TOPS is an uncompressed data feed that offers aggregated
top of book quotations for all displayed orders resting on the Order
Book and execution information for executions on the Exchange (i.e.,
last sale information). As proposed, TOPS will disseminate, on a real-
time basis,\7\ (1) the aggregate best bid and offer (``BBO'') of all
displayed orders for securities traded on IEX; and (2) the price, size,
and time of execution for each transaction executed on IEX. For the
sake of clarity, the Exchange also proposes to make certain non-
substantive changes to the existing description of LAST as it is
incorporated into the TOPS description. Specifically, rather than
describe execution information as ``based on equity orders entered into
the System,'' which technically could include executions on away
exchanges of orders routed to such exchanges, the proposed text would
clarify IEX includes execution information for orders executed on the
Exchange. All information that will be provided in TOPS will also be
reported under the Consolidated Tape Association (``CTA'') Plan or the
Nasdaq/UTP Plan. The Exchange will release information to TOPS and TOPS
Viewer in compliance with Rule 603(a) of Regulation NMS, which requires
that exchanges distribute market data on terms that are ``fair and
reasonable'' and ``not unreasonably discriminatory,'' and prohibits an
exchange from releasing data relating to quotes and trades to its
customers through proprietary feeds before it sends its quotes and
trade reports for inclusion in the consolidated feeds.\8\
---------------------------------------------------------------------------

    \7\ Rule 11.510(b)(2) describes the application of the POP to
outbound communications from the Exchange, which impacts TOPS. As
specified therein, the POP ``is designed to provide all Participants
with an equivalent 350 microseconds of latency from the System at
the primary data center to the Exchange-provided network interface
at the IEX POP.''
    \8\ See Regulation NMS, 70 FR 37,496, 37,567 (June 29, 2005)
(adopting release); see also Concept Release, 75 FR at 3601 (January
21, 2010).
---------------------------------------------------------------------------

    The Exchange also proposes to make minor correcting and conforming
changes to Rule 11.330(a)(2), which describes TOPS Viewer. Currently,
as specified therein, TOPS Viewer is described as a data feed,
currently available through the Exchange's public Web site, that offers
two-sided quotations for all displayed orders resting on the Order Book
as well as the aggregate volume traded execution information based on
orders entered into the System. TOPS and TOPS Viewer contain the same
information, delivered in different manners. TOPS provides the
specified information only through an application programming interface
(``API'') via the POP (an API is by definition not human readable).
TOPS Viewer provides the specified information in both a human readable
format on the Exchange's Web site as well as through an API from the
Exchange's Web site.
    IEX proposes to make three minor changes to the description of TOPS
Viewer in subparagraph (a)(2) of Rule 11.330. First, IEX proposes a
ministerial change to conform the description of the quotation
information available through TOPS Viewer, in subparagraph (a)(2) of
the Rule, to the description set forth in the description of TOPS in
subparagraph (a)(1). Second, IEX proposes a correcting change to delete
the word ``aggregate'' in the description because information will be
provided for each execution, rather than on an aggregated basis. Third,
IEX proposes to include the clarifying language proposed to be added to
subparagraph (a)(1) of the rule to make clear that the execution
information provided is for transactions executed on the Exchange
(i.e., last sale information).
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act \9\ in general, and with Section
6(b)(5) of the Act,\10\ in particular. TOPS and TOPS Viewer will be
provided consistent with the purposes of Section 6(b)(5) of the
Act.\11\ Moreover, the proposed rule change is not designed to permit
unfair discrimination among customers, issuers, and brokers; and is
designed to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) [sic], (5).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change is designed to promote just and equitable
principles of trade and remove impediments to and perfect the mechanism
of a free and open market and a national market system by providing
quotation and transaction information to market participants. The
Exchange also believes this proposal is consistent with Section 6(b)(5)
of the Act because it protects investors and the public interest and
promotes just and equitable principles of trade by providing market
participants with the option to receive such information otherwise than
under the CTA and Nasdaq/UTP Plans.

    Further, the proposal would not permit unfair discrimination
because the information will be available to all market participants
and market data vendors on an equivalent basis and without charge. In
addition, any market participant that wishes to receive such
information via the CTA and Nasdaq/UTP Plans will be able to do so. As
noted above, the Exchange is simply proposing to include data elements
contemplated to be included in LAST data product in TOPS, as well as to
make minor correcting and conforming changes to the description of TOPS
Viewer.
    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \12\ in that it supports (1)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets and
(2) the availability to brokers, dealers, and investors of information
with respect to quotations for and transactions in securities.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\13\ which provides that any national securities
exchange which distributes information with respect to quotations for
or transactions in an NMS stock do so on terms that are fair and
reasonable and not unreasonably discriminatory. As noted above, the
Exchange will provide TOPS and TOPS Viewer to Members and other
recipients of Exchange data on terms that are fair and reasonable and
not unreasonably discriminatory in that TOPS and TOPS Viewer will be
provided free of charge and TOPS Viewer is available to the public via
the Exchange's Web site.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78k-1.
    \13\ See 17 CFR 242.603.
---------------------------------------------------------------------------

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

    IEX 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. The Exchange is not proposing
to charge a fee for the TOPS feed, and will make the feed available to
market participants on a fair and impartial basis, and on terms that
are not unreasonably discriminatory.

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

    The Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) \14\ of the Act and Rule 19b-4(f)(6) \15\
thereunder. Because the proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\16\ The Exchange has asked the Commission to waive
the 30-day operative delay, making this proposal operative upon filing.
The Exhange argues that the proposed rule filing merely combines the
data elements from the LAST data product into TOPS and TOPS Viewer, and
makes minor conforming and correcting changes to Rule 11.330. According
to the Exchange, waiver of the operative delay is, therefore,
consistent with the protection of investors and the public interest,
because it will allow the Exchange to implement the proposed rule
change to coincide with IEX's launch of exchange operations during a
security-by-security phase-in period beginning August 19, 2016, and
thus provide operational simplification to Members and other recipients
of Exchange data as well as a source of Exchange data free of charge
otherwise than under the CTA and Nasdaq/UTP Plans, consistent with the
protection of investors and the public interest. The Exchange further
adds that waiver of the operative delay period will also enable the
Exchange to make the minor correcting and clarifying changes described
herein to coincide with IEX's launch of exchange operations.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 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 at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest.
The Commission notes that the proposal would merely consolidate
existing data products and make minor, clarifying changes to the
descriptions of TOPS and TOPS Viewer. In the absence of a waiver of the
operative delay, customers would have to subscribe to two data products
to receive both top-of-book and last sale information when the Exchange
begins operating on August 19, 2016, until the proposal becomes
effective shortly thereafter. Waiving the operative delay would provide
customers with the opportunity to receive a single, streamlined product
with top-of-book and last sale information and would also provide
customers with greater clarity about the content of the available
products from the outset of the Exchange's launch of operations.
Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\17\
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    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 under
Section 19(b)(2)(B)\18\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-IEX-2016-05 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-IEX-2016-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your

comments more efficiently, please use only one method. The Commission
will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-IEX-2016-05 and should be submitted on or before August
30, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18795 Filed 8-8-16; 8:45 am]
 BILLING CODE 8011-01-P