[Federal Register: March 12, 2009 (Volume 74, Number 47)]
[Notices]
[Page 10732]
[DOCID:fr12mr09-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-644-000]

South Carolina Electric & Gas Company; Notice of Filing

March 4, 2009.
    Take notice that on February 2, 2009, South Carolina Electric & Gas
Company filed a compliance filing to comply with Commission Order No.
676-C, pursuant to section 206 of the Federal Power Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention 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 March 13, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-5248 Filed 3-11-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Pages 1107-1108]
[FR Doc No: X10-830108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61264; File No. SR-NYSE-2009-131]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending NYSE Rule 123C(8)(a)(1) To Extend Operation of the Extreme
Order Imbalances Pilot

December 31, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on December 24, 2009, New York Stock Exchange LLC (``NYSE'' 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 Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 123C(8)(a)(1) to extend
the operation of the pilot to temporarily suspend certain NYSE
requirements relating to the closing of securities on the Exchange
until the earlier of Securities and Exchange Commission approval to
make such pilot permanent or March 1, 2010. The text of the proposed
rule change is available at the Exchange, the Commission's Public
Reference Room, and http://www.nyse.com.

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 those 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 parts of such statements.

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

1. Purpose
    NYSE Rule 123C(8)(a)(1) allows the Exchange to temporarily suspend
certain rule requirements at the close when extreme order imbalances
may cause significant dislocation to the closing price. The rule has
operated on a pilot basis since April 2009 (``Extreme Order Imbalances
Pilot'' or ``Pilot'').\3\ Through this filing, NYSE proposes to extend
the Pilot until the earlier of Securities and Exchange Commission
approval to make such Pilot permanent or March 1, 2010.\4\
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    \3\ See Securities Exchange Act Release No. 59755 (April 13,
2009), 74 FR 18009 (April 20, 2009) (SR-NYSE-2009-18).
    \4\ The Exchange notes that parallel changes are proposed to be
made to the rules of NYSE Amex LLC. See SR-NYSEAmex-2009-96.
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Background

    Pursuant to NYSE Rule 123C(8)(a)(1), the Exchange may suspend NYSE
Rules 52 (Hours of Operation) to resolve an extreme order imbalance
that may result in a closing price dislocation at the close as a result
of an order entered into Exchange systems, or represented to a DMM
orally at or near the close. The provisions of NYSE Rule 123C(8)(a)(1)
operate as the Extreme Order Imbalance Pilot.
    As a condition of the approval to operate the Pilot, the Exchange
committed to provide the Commission with information regarding: (i) How
often a Rule 52 temporary suspension pursuant to the Pilot was invoked
during the six months following its approval; and (ii) the Exchange's
determination as to how to proceed with technical modifications to
reconfigure Exchange systems to accept orders electronically after 4
p.m.
    The Extreme Order Imbalance Pilot is scheduled to end operation on
December 31, 2009.\5\ The Exchange is currently preparing a rule filing
seeking permission to make the provisions of the Pilot permanent with
certain modifications but does not expect that filing to be completed
and approved by the Commission before December 31, 2009.
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    \5\ See Securities Exchange Act Release No. 60809 (October 9,
2009), 74 FR 53532 (October 19, 2009) (SR-NYSE-2009-104) (extending
the operation of the pilot from October 13, 2009 to December 31,
2009).
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Proposal To Extend the Operation of the Extreme Order Imbalance Pilot

    The Exchange established the Extreme Order Imbalance Pilot to
create a mechanism for ensuring a fair and orderly close when interest
is received at or near the close that could negatively affect the
closing transaction. The Exchange believes that this tool has proved
very useful to resolve an extreme order imbalance that may result in a
closing price dislocation at the close as a result of an order entered
into Exchange systems, or represented to a DMM orally at or near the
close.
    As the Exchange has previously stated, NYSE Rule 123C(8) will be
invoked to attract offsetting interest in rare circumstances where
there exists an extreme imbalance at the close such that a DMM is
unable to close the security without significantly dislocating the
price. This is evidenced by the fact that during the course of the
Pilot, the Exchange invoked the provisions of NYSE Rule 123C(8),
including the provisions of the Extreme Order Imbalance Pilot pursuant
to NYSE Rule 123C(8)(a)(1), in only one security on August 31, 2009.
    In addition, during the operation of the Pilot, the Exchange
determined that it would not be as onerous as previously believed to
modify Exchange systems to accept orders electronically after 4:00 p.m.
The Exchange anticipates that such system modifications could [sic] be
completed by December 31, 2009.
    Given the above, the Exchange believes that provisions governing
the Extreme Order Imbalance Pilot should be made permanent. Through
this filing the Exchange seeks to extend the current operation of the
Pilot in order to allow the Exchange to formally submit a filing to the
Commission to convert the provisions governing the Pilot to permanent
rules and complete the technological modifications required to accept
orders electronically after 4:00 p.m. The Exchange therefore requests
an extension from the current expiration date of December 31, 2009,
until the earlier of Securities and Exchange Commission approval to
make such Pilot permanent or March 1, 2010.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \6\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the

mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest. The Exchange
believes that the instant filing is consistent with these principles.
Specifically an extension will allow the Exchange to: (i) Prepare and
submit a filing to make the provisions governing the Extreme Order
Imbalance Pilot permanent; (ii) have such filing complete public notice
and comment period; and (iii) complete the 19b-4 approval process. The
rule operates to protect investors and the public interest by ensuring
that the closing price at the Exchange is not significantly dislocated
from the last sale price by virtue of an extreme order imbalance at or
near the close.
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    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\9\
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requested
that the Commission waive the 30-day operative delay, as specified in
Rule 19b-4(f)(6)(iii),\10\ which would make the rule change operative
immediately. The Exchange believes that continuation of the Pilot does
not burden competition and would operate to protect investors and the
public interest by ensuring that the closing price at the Exchange is
not significantly dislocated from the last sale price by virtue of an
extreme order imbalance at or near the close.
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    \9\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. NYSE has satisfied this requirement.
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it would allow the Pilot to continue without interruption while
the Exchange works towards submitting a separate proposal to make the
Pilot permanent. Accordingly, the Commission designates the proposed
rule change as operative upon filing with the Commission.\11\
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    \11\ For purposes only of waiving the operative delay for this
proposal, the Commission has 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 may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\12\
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    \12\ 15 U.S.C. 78s(b)(3)(C).
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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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-131 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2009-131. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission,\13\ all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing will also 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-NYSE-2009-131 and should be submitted on or before
January 29, 2010.
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    \13\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov.
    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-72 Filed 1-7-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 65000-65001]
[FR Doc No: 2012-26162]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No FDA-2012-N-0001]

Drug Safety and Risk Management Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Drug Safety and Risk Management 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 December 12, 2012, from
8 a.m. to 5:30 p.m. and on December 13, 2012, from 8 a.m. to 3:30 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors

to the White Oak Campus must enter through Building 1.
    Contact Person: Kristina Toliver, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg,
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
8533, 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 link, or call the advisory committee information
line to learn about possible modifications before coming to the
meeting.
    Agenda: The Food and Drug Administration Amendments Act of 2007
requires FDA to bring, at least annually, one or more drugs with Risk
Evaluation and Mitigation Strategies (REMS) with Elements to Assure
Safe Use (ETASU) before CDER's Drug Safety and Risk Management Advisory
Committee (DSaRM). The Agency plans to present information on the risk
management of teratogens, some of which have REMS with ETASU.
    On December 12, 2012, the committee will meet to discuss the
various strategies used by the Agency to define and address teratogenic
risk, including requiring REMS with ETASU. The discussion will include
an evaluation of the different strategies and the decision framework
for selecting risk management strategies for teratogens. The committee
will discuss whether the risk management strategies, including REMS
with ETASU, assure safe use, are not unduly burdensome to patient
access to the drug, and to the extent practicable, minimize the burden
to the health care delivery system.
    On December 13, 2012, the committee will discuss two common risk
management tools used to minimize the risk of teratogens--contraception
and pregnancy testing. The committee will discuss considerations for
standardizing recommendations for use of these two tools.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
November 28, 2012. Oral presentations from the public will be scheduled
between approximately 1:40 p.m. to 2:10 p.m. on December 12, 2012, and
between approximately 12:45 p.m. to 1:15 p.m. on December 13, 2012.
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
November 19, 2012. 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 November 20,
2012.
    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 Kristina Toliver 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: October 16, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-26162 Filed 10-23-12; 8:45 am]
BILLING CODE 4160-01-P