[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37536-37537]
[FR Doc No: 2015-15506]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 231, 241, 271, and 276

[Release Nos. 33-9850; 34-75250; IA-4122; IC-31684]

Commission Guidance Regarding the Definition of the Terms
``Spouse'' and ``Marriage'' Following the Supreme Court's Decision in
United States v. Windsor

AGENCY: Securities and Exchange Commission.

ACTION: Interpretation.

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SUMMARY: The Securities and Exchange Commission is publishing
interpretive guidance to clarify how the Commission will interpret the
terms ``spouse'' and ``marriage'' in light of the Supreme Court's
ruling in United States v. Windsor.

DATES: Effective July 1, 2015.

FOR FURTHER INFORMATION CONTACT: Questions should be referred to
Benjamin Schiffrin, Senior Litigation Counsel, Office of the General
Counsel, at<PHONE_NUMBER>, Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-9040.

SUPPLEMENTARY INFORMATION: On June 26, 2013, the Supreme Court of the
United States ruled in United States v. Windsor that Section 3 of the
Defense of Marriage Act (``DOMA'') is unconstitutional.\1\ Section 3
provides that in ``determining the meaning of any Act of Congress, or
of any ruling, regulation, or interpretation of the various
administrative bureaus and agencies of the United States,'' the ``word
`spouse' refers only to a person of the opposite sex who is a husband
or a wife,'' and the ``word `marriage' means only a legal union between
one man and one woman as husband and wife.'' \2\ This section, the
Court stated, ``enacts a directive applicable to over 1,000 federal
statutes and the whole realm of federal regulations.'' \3\ The Court
found that this directive ``undermines both the public and private
significance of state-sanctioned same-sex marriages'' and concluded
that ``no legitimate purpose overcomes the purpose and effect to
disparage and to injure those whom the State, by its marriage laws,
sought to protect in personhood and dignity.'' \4\ The Court thus held
that Section 3 of DOMA was invalid.\5\
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    \1\ 133 S. Ct. 2675 (2013).
    \2\ 1 U.S.C. 7.
    \3\ 133 S. Ct. at 2690.
    \4\ Id. at 2694, 2696.
    \5\ Id. at 2696.
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    In light of this decision, the Commission will read the terms
``spouse'' and ``marriage,'' where they appear in the federal
securities statutes administered by the Commission, the rules and
regulations promulgated thereunder, releases, orders, and any guidance
issued by the staff or the Commission, to include, respectively, (1) an
individual married to a person of the same sex if the couple is
lawfully married under state law, regardless of the individual's
domicile, and (2) such a marriage between individuals of the same sex.
This guidance is consistent with Windsor.

List of Subjects in 17 CFR Parts 231, 241, 271, and 276

    Securities.

Amendments to the Code of Federal Regulations

    For the reasons set out above, the Commission is amending Title 17,
chapter II of the Code of Federal Regulations as set forth below:

PART 231--INTERPRETATIVE RELEASES RELATING TO THE SECURITIES ACT OF
1933 AND GENERAL RULES AND REGULATIONS THEREUNDER

0
1. Part 231 is amended by adding Release No. 33-9850 to the list of
interpretive releases as follows:

----------------------------------------------------------------------------------------------------------------
              Subject                 Release No.            Date                 Fed. Reg. Vol. and Page
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Commission Guidance Regarding the          33-9850  June 19, 2015........  80 FR [Insert FR Page Number]
 Definition of the Terms
 ``Spouse'' and ``Marriage''
 Following the Supreme Court's
 Decision in United States v.
 Windsor.
----------------------------------------------------------------------------------------------------------------

PART 241--INTERPRETATIVE RELEASES RELATING TO THE SECURITIES
EXCHANGE ACT OF 1934 AND GENERAL RULES AND REGULATIONS THEREUNDER

0
2. Part 241 is amended by adding Release No. 34-75250 to the list of
interpretive releases as follows:

----------------------------------------------------------------------------------------------------------------
              Subject                 Release No.            Date                 Fed. Reg. Vol. and Page
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Commission Guidance Regarding the         34-75250  June 19, 2015........  80 FR [Insert FR Page Number]
 Definition of the Terms
 ``Spouse'' and ``Marriage''
 Following the Supreme Court's
 Decision in United States v.
 Windsor.
----------------------------------------------------------------------------------------------------------------

PART 271--INTERPRETATIVE RELEASES RELATING TO THE INVESTMENT
COMPANY ACT OF 1940 AND GENERAL RULES AND REGULATIONS THEREUNDER

0
3. Part 271 is amended by adding Release No. IC-31684 to the list of
interpretive releases as follows:

----------------------------------------------------------------------------------------------------------------
              Subject                 Release No.            Date                 Fed. Reg. Vol. and Page
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Commission Guidance Regarding the         IC-31684  June 19, 2015........  80 FR [Insert FR Page Number]
 Definition of the Terms
 ``Spouse'' and ``Marriage''
 Following the Supreme Court's
 Decision in United States v.
 Windsor.
----------------------------------------------------------------------------------------------------------------

PART 276--INTERPRETATIVE RELEASES RELATING TO THE INVESTMENT
ADVISERS ACT OF 1940 AND GENERAL RULES AND REGULATIONS THEREUNDER

0
4. Part 276 is amended by adding Release No. IA-4122 to the list of
interpretive releases as follows:

----------------------------------------------------------------------------------------------------------------
              Subject                 Release No.            Date                 Fed. Reg. Vol. and Page
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Commission Guidance Regarding the          IA-4122  June 19, 2015........  80 FR [Insert FR Page Number]
 Definition of the Terms
 ``Spouse'' and ``Marriage''
 Following the Supreme Court's
 Decision in United States v.
 Windsor.
----------------------------------------------------------------------------------------------------------------

     Dated: June 19, 2015.

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15506 Filed 6-30-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 27, 2010 (Volume 75, Number 166)]
[Notices]
[Page 52734-52735]
[DOCID:fr27au10-48]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719, FRL-9194-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Cooling Water Intake Structure Phase II Existing
Facilities (Renewal), EPA ICR No. 2060.04, OMB Control No. 2040-0257

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. This ICR describes the nature of the information
collection and its estimated burden and cost.

DATES: Comments must be submitted on or before September 27, 2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2008-0719 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Water Docket, Mail Code
28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Amelia Letnes, State and Regional
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has submitted the following ICR to OMB for review and approval
according to the procedures prescribed in 5 CFR 1320.12. On June 21,
2010 (75 FR 35022), EPA sought comments on this ICR pursuant to 5 CFR
1320.8(d). EPA received 1 comment during the comment period, which is
addressed in the ICR. Any additional comments on this ICR should be
submitted to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2008-0719, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov to submit or view public comments, access the index
listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document. Please note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing at www.regulations.gov as EPA receives them and
without change, unless the comment contains copyrighted material,
confidential business information (CBI), or other information whose
public disclosure is restricted by statute. For further information
about the electronic docket, go to www.regulations.gov.
    Title: Cooling Water Intake Structure Phase II Existing Facilities
(Renewal).
    ICR Numbers: EPA ICR No. 2060.04, OMB Control No. 2040-0257.
    ICR Status: This ICR is currently scheduled to expire on August 31,
2010. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR Part 9, and displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR Part 9.
    Abstract: The section 316(b) Phase II Existing Facility rule
requires the collection of information from existing point source
facilities that generate and transmit electric power (as a primary
activity) or generate electric power but sell it to another entity for
transmission, use a cooling water intake structure (CWIS) that uses at
least 25 percent of the water it withdraws from waters of the U.S. for
cooling purposes, and have a design intake flow of 50 million gallons
per day (MGD) or more. Section 316(b) of the Clean Water Act (CWA)
requires that any standard established under section 301 or 306 of the
CWA and applicable to a point source must require that the location,
design, construction and capacity of CWISs at that facility reflect the
best technology available (BTA) for minimizing adverse environmental
impact. Such impact occurs as a result of impingement (where fish and
other aquatic life are trapped on technologies at the entrance

to CWIS) and entrainment (where aquatic organisms, eggs, and larvae are
taken into the cooling system, passed through the heat exchanger, and
then pumped back out with the discharge from the facility). The 316(b)
Phase II rule establishes requirements applicable to the location,
design, construction, and capacity of CWISs at Phase II existing
facilities. These requirements establish the BTA for minimizing adverse
environmental impact associated with the use of CWISs.
    The 316(b) Phase II rule was signed on February 16, 2004. Industry
and environmental groups, and a number of states filed legal challenges
to the rule. Several issues were heard by the Second Circuit's Court of
Appeals, which issued a decision on January 25, 2007 remanding portions
of the rule (see Riverkeeper, Inc. v. U.S. EPA, No. 04-6692-ag(L) [2d
Cir. Jan. 25, 2007]). Industry groups also petitioned the Supreme Court
on several issues, which issued a decision on April 1, 2009. (Entergy
Corp. v. Riverkeeper, Inc., No. 07-588). EPA subsequently suspended the
316(b) Phase II rule on July 9, 2007 and is currently in the process of
developing a revised rule for existing facilities. However, permitting
authorities are still required under section 301 of the CWA to
establish BTA permit limits using best professional judgment. The
existing Phase II rule provides a framework for the type of information
a permit authority needs to establish appropriate BTA limits for CWISs.
This ICR does not address the results of court decisions or any
proposed regulation.
    Burden Statement: The annual average reporting and recordkeeping
burden for the collection of information by facilities responding to
the Section 316(b) Phase II Existing Facility rule is estimated to be
2,071 hours per respondent. The state Director reporting and
recordkeeping burden for the review, oversight, and administration of
the rule is estimated to average 1,101 hours per respondent. Burden
means the total time, effort, or financial resources expended by
persons to generate, maintain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and use technology and systems
for the purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose information.
    Respondents/Affected Entities: Electric power generating
facilities, State governments.
    Estimated Number of Respondents: 514 (472 facilities and 42
states).
    Frequency of Response: Bi-annually, every five years.
    Estimated Total Annual Hour Burden: 1,023,521 hours.
    Estimated Total Annual Cost: $74,199,667. This includes an
estimated burden cost of $64,224,198 and an estimated cost of
$9,975,469 for capital investment or operation & maintenance.
    Changes in the Estimates: The change in burden results mainly from
the shift from the approval period to the renewal period of the 316(b)
Phase II Existing Facilities rule. The currently approved ICR (EPA ICR
No. 2060.03) covers the last 2 years of the permit approval period
(i.e., years 4 and 5 after implementation) and the first year of the
renewal period (i.e., year 6 after implementation). This proposed ICR
covers renewal of permits only (years 7 to 9 after implementation).
Activities for renewing an NPDES permit already issued under the 316(b)
Phase II Existing Facilities rule are less burdensome than those for
issuing a permit for the first time.

    Dated: August 23, 2010.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. 2010-21426 Filed 8-26-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Proposed Rules]
[Page 19648]
[FR Doc No: 2017-08597]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-9594; Airspace Docket No. 16-ASO-20]

Proposed Establishment of Temporary Restricted Areas R-2920A and
R-2920B; Santa Rosa Island, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: This action withdraws the NPRM published in the Federal
Register of February 23, 2017, proposing to establish temporary
restricted areas R-2920A and R-2920B, Santa Rosa Island, FL, for the
period May 11 to May 18, 2017. The proponent has informed the FAA that
plans to conduct hazardous activities have been cancelled; therefore, a
requirement no longer exists to establish temporary restricted areas.

DATES: The proposed rule published on February 23, 2017 at 82 FR 11415
is withdrawn as of 0901 UTC, April 28, 2017.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

History

    An NPRM was published in the Federal Register of February 23, 2017
(82 FR 11415), Docket No. FAA-2016-9594, to establish temporary
restricted areas, designated as R-2920A and R-2920B, south of the Elgin
Air Force Base Range Complex, in the vicinity of Santa Sosa Island, FL.
The temporary restricted areas were proposed to contain hazardous
activities to be used for the testing of counter-unmanned aircraft
systems capabilities in support of exercise Black Dart 2017, from May
11 to May 18, 2017. The comment period closed on March 27, 2017. The
FAA received five comments on the proposal. The proponent has informed
the FAA that hazardous testing activities have been cancelled.
Therefore, the NPRM is being withdrawn. As a result, the comments
received on the proposal are no longer relevant.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Withdrawal

    Accordingly, pursuant to the authority delegated to me, the notice
of proposed rulemaking, as published in the Federal Register on
February 23, 2017 (82 FR 11415), FR Doc. 2017-03537, is hereby
withdrawn.

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854; 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    Issued in Washington, DC, on April 24, 2017.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-08597 Filed 4-27-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Notices]
[Pages 45241-45242]
[FR Doc No: 2011-19083]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1817-001.
    Applicants: Southwestern Public Service Company.
    Description: Change in Status Report of Southwestern Public Service
Company.
    Filed Date: 07/19/2011.
    Accession Number: 20110719-5237.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 09, 2011.

    Docket Numbers: ER11-3420-001.
    Applicants: Gridway Energy Corp.
    Description: Gridway Energy Corp. submits tariff filing per 35:
Compliance Filing to be effective 7/20/2011.
    Filed Date: 07/20/2011.
    Accession Number: 20110720-5047.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 10, 2011.

    Docket Numbers: ER11-4078-000.
    Applicants: Northern States Power Company.
    Description: Northern States Power Company, a Minnesota corporation
submits tariff filing per 35.13(a)(2)(iii: 2011-7-20--CAPX--Fargo--R-
R--OMA--Agmt to be effective 8/18/2010.
    Filed Date: 07/20/2011.
    Accession Number: 20110720-5045.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 10, 2011.

    Docket Numbers: ER11-4079-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35: Joint Operating Agreement with Associated Electric Cooperative,
Inc. to be effective 7/21/2011.

    Filed Date: 07/20/2011.
    Accession Number: 20110720-5069.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 10, 2011.

    Docket Numbers: ER11-4080-000.
    Applicants: Northeast Utilities Service Company.
    Description: Rate Schedule Cancellation--Town of Norwood by
Northeast Utilities Service Company on behalf of CL&P and WMECO.
    Filed Date: 07/20/2011.
    Accession Number: 20110720-5088.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 10, 2011.

    Docket Numbers: ER11-4081-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: RAR Compliance Filing to be effective 10/
1/2012.
    Filed Date: 07/20/2011.
    Accession Number: 20110720-5090.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 10, 2011.

    Docket Numbers: ER11-4086-000.
    Applicants: Williams Gas Marketing, Inc.
    Description: Notice of Cancellation by Williams Gas Marketing, Inc.
    Filed Date: 07/20/2011.
    Accession Number: 20110720-5110.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 10, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 21, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-19083 Filed 7-27-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Rules and Regulations]
[Pages 30593-30595]
[FR Doc No: 2019-13639]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 190605486-9486-01]
RIN 0694-AH79

Revisions to the Unverified List (UVL)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by removing eight (8) persons
from the Unverified List (``UVL'') and correcting the name for one (1)
person currently listed on the UVL. The eight persons are removed from
the UVL on the basis that BIS was able to verify their bona fides
because of an end-use check.

DATES: This rule is effective: June 27, 2019.

FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Unverified List, found in supplement no. 6 to part 744 of the
EAR, contains the names and addresses of foreign persons who are or
have been parties to a transaction, as such parties are described in
Sec.  748.5 of the EAR, involving the export, reexport, or transfer
(in-country) of items subject to the EAR, and whose bona fides (i.e.,
legitimacy and reliability relating to the end use and end user of
items subject to the EAR) BIS has been unable to verify through an end-
use check. BIS may add persons to the UVL when BIS or federal officials
acting on BIS's behalf have been unable to verify a foreign person's
bona fides because an end-use check, such as a pre-license check (PLC)
or a post-shipment verification (PSV), cannot be completed
satisfactorily for such purposes for reasons outside the U.S.
Government's control.
    There are occasions where, for a number of reasons, end-use checks

cannot be completed. These include reasons unrelated to the cooperation
of the foreign party subject to the end-use check. For example, BIS
sometimes initiates end-use checks and cannot find a foreign party at
the address indicated on export documents and cannot locate the party
by telephone or email. Additionally, BIS sometimes is unable to conduct
end-use checks when host government agencies do not respond to requests
to conduct end-use checks, prevent the scheduling of such checks, or
refuse to schedule them in a timely manner. Under these circumstances,
although BIS has an interest in informing the public of its inability
to verify the foreign party's bona fides, there may not be sufficient
information to add the foreign person at issue to the Entity List under
Sec.  744.11 of the EAR (Criteria for revising the Entity List). In
such circumstances, BIS may add the foreign person to the UVL.
    Furthermore, BIS sometimes conducts end-use checks but cannot
verify the bona fides of a foreign party. For example, BIS may be
unable to verify bona fides if, during the conduct of an end-use check,
a recipient of items subject to the EAR is unable to produce the items
that are the subject of the end-use check for visual inspection or
provide sufficient documentation or other evidence to confirm the
disposition of the items. The inability of foreign persons subject to
end-use checks to demonstrate their bona fides raises concerns about
the suitability of such persons as participants in future exports,
reexports, or transfers (in-country) of items subject to the EAR and
indicates a risk that such items may be diverted to prohibited end uses
and/or end users. However, BIS may not have sufficient information to
establish that such persons are involved in activities described in
parts 744 or 746 of the EAR, preventing the placement of the persons on
the Entity List. In such circumstances, the foreign persons may be
added to the Unverified List.
    As provided in Sec.  740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec.  744.15(b) of the EAR, there is a
requirement for exporters, reexporters, and transferors to obtain (and
keep a record of) a UVL statement from a party or parties to the
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the
exports, reexports and transfers (in-country) are not subject to a
license requirement.
    Requests for removal of a UVL entry must be made in accordance with
Sec.  744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL listings will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of its bona fides.

Changes to the EAR

Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'')

    This rule corrects the name for one person currently listed on the
UVL under the destination of China, Beijing Institute of Nanoenergy and
Technology. BIS was notified that the person's correct name is Beijing
Institute of Nanoenergy and Nanosystems.
    Finally, this rule removes eight persons from the UVL. BIS is
removing these persons pursuant to Sec.  744.15(c)(2) of the EAR. This
final rule implements the decision to remove the following eight
persons located in China from the UVL:
China
    (1) Beijing Bayi Space LCD Materials Technology Co., Ltd, Dongfeng
Rd, Yanshan, Beijing, China;
    (2) Hubei Flying Optical, No 1, Changfei Avenue, Yanhua, Industrial
Park, Jianghan Oil Field, Qianjiang, China;
    (3) Sunder Tools (Changxing) Technology, Zhongtie Avenue Huaxi
Industrial Area,
    Changxing County, Huzhou, Zhejiang Province, China 313100;
    (4) Wuhan Yifi Laser Equipment Co., Dingxin Industry Park, Jiayuan
Road, Optics Valley, Hubei, Wuhan, China 430074;
    (5) Wuxi Hengling Technology Co. Ltd., Bldg C1, No. 999 East
Gaolang Rd., Binhu District, Jiangsu Province, Wuxi City, China 214131;
    (6) Xiamen Sanan Optoelectronics, Luling Road 1721-1725#, Ximing,
Xiamen, China 361008;
    (7) Zhejiang Xizi Aviation, No. 277 Xinken Road, Qianjin,
Technological Development Area, Zhejiang, China 311222; and
    (8) Zolix Instruments Co., LDUV 68B, No. 16 Huanke Middle Rd,
Tongzhou Zone, Tongzhou District, Beijing, China 101102.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (Title XVII,
Subtitle B of Pub. L. 115-232) that provides the legal basis for BIS's
principal authorities and serves as the authority under which BIS
issues this rule. As set forth in Section 1768 of ECRA, all
delegations, rules, regulations, orders, determinations, licenses, or
other forms of administrative action that have been made, issued,
conducted, or allowed to become effective under the Export
Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect prior
to August 13, 2018, and as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
and Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783
(2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR
16129 (March 13, 2013), and as extended by the Notice of August 8,
2018, 83 FR 39871 (August 13, 2018)), or the Export Administration
Regulations, and are in effect as of August 13, 2018, shall continue in
effect according to their terms until modified, superseded, set aside,
or revoked under the authority of ECRA.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866. This
rule is not an Executive Order 13771 regulatory action because this
rule is not significant under Executive Order 12866.
    2. Pursuant to Section 1762 of the Export Control Reform Act of
2018 (Title XVII, Subtitle B of Pub. L. 115-232), which was included in
the John S. McCain National Defense Authorization Act for Fiscal Year
2019, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation and delay in effective date. The analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable because no general notice of proposed rulemaking was
required for this action. Accordingly, no regulatory flexibility

analysis is required, and none has been prepared.
    3. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under the following control
numbers: 0694-0088, 0694-0122, 0694-0134, and 0694-0137.
    This rule slightly decreases public burden in a collection of
information approved by OMB under control number 0694-0088, which
authorizes, among other things, export license applications. The
restoration of license exceptions for listed persons on the Unverified
List will result in decreased license applications being submitted to
BIS by exporters. Total burden hours associated with the Paperwork
Reduction Act and OMB control number 0694-0088 are expected to decrease
minimally, as the restoration of license exceptions will only affect
transactions involving persons removed from the Unverified List and not
all export transactions. Because license exception eligibility is
restored for these entities removed from the UVL, this rule increases
public burden in a collection of information approved by OMB under
control number 0694-0137 minimally, as this will only affect specific
individual listed persons. The decreased burden under 0694-0088 is
reciprocal to the increased burden under 0694-0137, and results in no
change of burden to the public. This rule also decreases public burden
in a collection of information under OMB control number 0694-0122, as a
result of the exchange of UVL statements between private parties, and
under OMB control number 0694-0134, as a result of appeals from persons
listed on the UVL for removal of their listing. The total decrease in
burden hours associated with both of these collections is expected to
be minimal, as they involve a limited number of persons listed on the
UVL.
    Any comments regarding these collections of information, including
suggestions for reducing the burden, may be sent to OMB Desk Officer,
New Executive Office Building, Washington, DC 20503; and to Jasmeet K.
Seehra, Office of Management and Budget (OMB), by email to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    4. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730 through 774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority: Pub. L. 115-232, Title XVII, Subtitle B, 132 Stat.
2208 (to be codified at 50 U.S.C. 4801 et seq.); 50 U.S.C. 4601 et
seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C.
2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR,
1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of August 8, 2018, 83 FR 39871 (August 13, 2018); Notice of
September 19, 2018, 83 FR 47799 (September 20, 2018); Notice of
November 8, 2018, 83 FR 56253 (November 9, 2019); Notice of January
16, 2019, 84 FR 127 (January 18, 2019).

0
2. Supplement No. 6 to Part 744 is amended by:
0
a. Removing the entry for ``Beijing Bayi Space LCD Materials Technology
Co., Ltd.'' under ``China'';
0
b. Revising the entry for ``Beijing Institute of Nanoenergy and
Technology'' under ``China'';
0
c. Removing the entry for ``Hubei Flying Optical'' under ``China'';
0
d. Removing the entry for ``Sunder Tools (Changxing) Technology'' under
``China'';
0
e. Removing the entry for ``Wuhan Yifi Laser Equipment Co.'' under
``China'';
0
f. Removing the entry for ``Wuxi Hengling Technology Co. Ltd.'' under
``China'';
0
g. Removing the entry for ``Xiamen Sanan Optoelectronics'' under
``China'';
0
h. Removing the entry for ``Zhejiang Xizi Aviation'' under ``China'';
and
0
i. Removing the entry for ``Zolix Instruments Co.'' under ``China''.
    The revision reads as follows:

Supplement No. 6 to Part 744--Unverified List

------------------------------------------------------------------------
                                                     Federal Register
        Country             Listed person and      citation and date of
                                 address                publication
------------------------------------------------------------------------

                              * * * * * * *
CHINA..................  Beijing Institute of     84 FR 14610, 04/11/19.
                          Nanoenergy and           84 FR [INSERT Federal
                          Nanosystems, 30 Xue      Register PAGE
                          YuanLu HaiDianQu,        NUMBER], 06/27/19.
                          Beijing, China 100083.

                              * * * * * * *
------------------------------------------------------------------------

    Dated: June 21, 2019.
Richard E. Ashooh,
 Assistant Secretary for Export Administration, Bureau of Industry and
Security.
[FR Doc. 2019-13639 Filed 6-26-19; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30944-30945]
[FR Doc No: 2021-12166]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-D-2303]

Core Patient-Reported Outcomes in Cancer Clinical Trials; Draft
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Core
Patient-Reported Outcomes in Cancer Clinical Trials.'' This draft
guidance provides recommendations to sponsors regarding the collection
of a core set of patient-reported clinical outcomes in cancer clinical
trials and related considerations for instrument selection and trial
design. This guidance focuses on patient-reported outcome (PRO)
measures and is specific to registration trials for anti-cancer
therapies intended to demonstrate an effect on survival, tumor
response, or delay in the progression of a malignancy. The draft
guidance recommendations supplement previous guidance on use of PRO
measures in clinical trials by providing additional considerations
specific to the cancer clinical trial setting. The draft guidance is
intended to facilitate generation of high-quality data on a core set of
patient-reported symptom and functional impacts that are important
contributors to a patient's health-related quality of life.

DATES: Submit either electronic or written comments on the draft
guidance by August 9, 2021 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-2020-D-2303 for ``Core Patient-Reported Outcomes in Cancer Clinical
Trials.'' 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,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit

both copies to the Dockets Management Staff. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002, or to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), 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 requests. The draft guidance may also be obtained by mail by
calling CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance
document.

FOR FURTHER INFORMATION CONTACT: Vishal Bhatnagar, Oncology Center of
Excellence, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 22, Rm. 2113, Silver Spring, MD 20993-0002,<PHONE_NUMBER>; or
Janice Kim, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 2329, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>; or Stephen Ripley, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Core Patient-Reported Outcomes in Cancer Clinical Trials.''
This draft guidance provides recommendations to sponsors regarding the
collection of a core set of PROs in cancer clinical trials and related
considerations for instrument selection and trial design. Although this
draft guidance focuses on PRO measures, some of the recommendations may
be relevant to other clinical outcome assessments (i.e., clinician-
reported outcome, observer-reported outcome, performance outcome) in
cancer clinical trials. The draft guidance is specific to registration
trials for anti-cancer therapies intended to demonstrate an effect on
survival, tumor response, or delay in the progression of a malignancy.
    Cancer clinical trials typically employ standardized efficacy
assessment using overall survival and tumor measures, and safety
assessments provided by clinician reporting of adverse events. FDA
acknowledges the potential added value of incorporating PRO measurement
of symptoms and functional impacts into the benefit/risk assessment in
appropriately designed trials; however, heterogeneity in PRO assessment
strategies has lessened the regulatory utility of PRO data from cancer
trials. Systematic assessment of a core set of PROs can facilitate high
quality data on patient-reported symptoms and functional impacts. FDA
has previously described a core set of PROs that may be important
contributors to a patient's health-related quality of life and that may
be sensitive to the effect of the disease and treatment under study.\1\
---------------------------------------------------------------------------

    \1\ Kluetz, P.G., A. Slagle, E.J. Papadopoulos, et al., 2016,
``Focusing on Core Patient-Reported Outcomes in Cancer Clinical
Trials: Symptomatic Adverse Events, Physical Function, and Disease-
Related Symptoms,'' Clinical Cancer Research, 22(7):1553-1558.
---------------------------------------------------------------------------

    FDA is issuing this draft guidance to provide FDA's current
thinking on the core PROs, considerations for instrument selection to
measure the core PROs, trial design considerations such as assessment
frequency, and labeling considerations. The core PROs recommended in
the draft guidance are disease-related symptoms, symptomatic adverse
events, overall side effect impact summary measure, physical function,
and role function.
    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 ``Core
Patient-Reported Outcomes in Cancer Clinical Trials.'' 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.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in 21 CFR part 312 have been approved under OMB control
number 0910-0014; the collections of information in 21 CFR part 314
have been approved under OMB control number 0910-0001; and the
collections of information in 21 CFR part 601 have been approved under
0910-0338.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances, or https://www.regulations.gov.

    Dated: June 4, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-12166 Filed 6-9-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49445-49449]
[FR Doc No: 2018-21235]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84278; File No. SR-FICC-2018-007]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change To Correct Certain References and
Provide Transparency to Existing Processes in the Mortgage-Backed
Securities Division Electronic Pool Notification Rules

September 25, 2018.
    On August 3, 2018, Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-FICC-2018-007 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ The proposed rule change was published for comment in
the Federal Register on August 15, 2018.\3\ The Commission did not
receive any comment letters on the proposed rule change. For the
reasons discussed below, the Commission approves the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83808 (August 9,
2018), 83 FR 40611 (August 15, 2018) (SR-FICC-2018-007)
(``Notice'').
---------------------------------------------------------------------------

I. Description of the Proposed Rule Change

    The proposed rule change would amend FICC's Mortgage-Backed
Securities Division's (``MSBD'') electronic pool notification (``EPN'')
service (``EPN Service'') rules (``EPN Rules'').\4\
---------------------------------------------------------------------------

    \4\ MBSD maintains two sets of rulebooks: The EPN Rules and the
MSBD rules (``MBSD Rules''). Notice, 83 FR at 40611. The EPN Rules
govern MBSD's EPN Service, and the MBSD Clearing Rules (the ``MBSD
Rules'') govern MBSD's clearance and settlement service. Id. The EPN
Rules are available at http://www.dtcc.com/~/media/Files/Downloads/
legal/rules/ficc_mbsd_epnrules.pdf. The MBSD Rules are available at
http://www.dtcc.com/~/media/Files/Downloads/legal/rules/
ficc_mbsd_rules.pdf.
---------------------------------------------------------------------------

A. Background

    EPN Service provides an automated manner for market participants
with an obligation to deliver pools of mortgages to transmit mortgage
pool information to their counterparties in real time.\5\ Market
participants that wish to use the EPN Service (i.e., become ``EPN
Users'') are required to submit an application to MBSD.\6\ The
application process and the use of the EPN Service are governed by the
EPN Rules.\7\ MBSD's clearing members (``Clearing Members'') are
required to be EPN Users; however, one can be an EPN User and not a
Clearing Member.\8\
---------------------------------------------------------------------------

    \5\ Notice, 83 FR at 40612.
    \6\ Id.
    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

B. Proposed Changes To Correct the EPN Rules' Article I (``Definitions
and General Provisions'')

    FICC proposes to delete three defined terms from Article I of the
EPN Rules: (i) EPN Procedures, (ii) Comparison Only System, and (iii)
Par Amount.\9\ FICC proposes to delete the term ``EPN Procedures''
because FICC does not maintain EPN Procedures.\10\ Relatedly, FICC
proposes to amend the definitions of ``EPN Service'' and ``EPN User
Profile'' in order to delete references to ``EPN Procedures'' in those
definitions.\11\ FICC also proposes to make a grammatical correction to
the ``EPN User Profile'' definition. Specifically, FICC would replace
the word ``in'' with ``by'' so the definition reads, ``the EPN User
Profile would be on a form specified `by' FICC.'' \12\
---------------------------------------------------------------------------

    \9\ Id.
    \10\ EPN Rules' Article V, Rule 11 empowers FICC to adopt EPN
Procedures as FICC ``deems necessary or desirable.'' Supra note 4.
FICC states that when FICC instituted the EPN Service and the
related EPN Rules, EPN Procedures were not adopted at that time.
Notice, 83 FR at 40612.
    \11\ Notice, 83 FR at 40612.
    \12\ Id.
---------------------------------------------------------------------------

    FICC also proposes to delete the term ``Comparison Only System''
from the definition of ``Interested Person'' because MBSD does not
maintain a ``Comparison Only System.'' \13\ Similarly, FICC proposes to
delete the term ``Par Amount'' from Article I because the term is not
otherwise referred to in the EPN Rules.\14\ FICC states that the
inclusion of these two terms in the EPN Rules was an error.\15\
---------------------------------------------------------------------------

    \13\ Id.
    \14\ Id.
    \15\ Id.
---------------------------------------------------------------------------

C. Proposed Changes To Correct the EPN Rules' Article III (``EPN
Users'')

    FICC proposes revisions to Article III of the EPN Rules to remove
references to ``EPN Procedures,'' as well as to revise the deadlines to
process EPN message (``Messages'').
1. Proposed Changes to EPN Rules, Article III, Rule 1, Section 3
(``Requirements Applicable to EPN Users'')
    EPN Rules, Article III, Rule 1, Section 3 lists terms required for
application to the EPN Service.\16\ This list states, in part, that an
applicant shall agree (i) to abide by and be bound by the EPN Rules and
EPN Procedures, (ii) that the EPN Rules and EPN Procedures are
incorporated into every contract or Message, (iii) that the EPN User
shall pay fines that are imposed in accordance with the EPN Rules and
EPN Procedures, and (iv) that the applicant is bound by any amendment
to the EPN Rules and EPN Procedures.\17\ FICC proposes to delete all
references to the EPN Procedures in this list, as FICC does not
maintain such procedures.\18\
---------------------------------------------------------------------------

    \16\ Id.
    \17\ Id.
    \18\ Id.
---------------------------------------------------------------------------

    The same Section 3 also states that, in the event of an EPN Service
disruption and an extension of the cut-off times for communicating pool
allocation information pursuant to the Securities

Industry and Financial Markets Association (``SIFMA'') guidelines
(``SIFMA Guidelines''), EPN Users ``will'' be relieved of their
obligation to process Messages through the EPN Service until the
beginning of the next Business Day after the EPN Service has been
recovered.\19\ FICC proposes to amend this provision to state that EPN
Users ``may'' be relieved of their obligation to process Messages
through the EPN Service until ``later in the Business Day or'' the
beginning of the next Business Day after the EPN Service has been
recovered.\20\ FICC states that this change would accommodate the
nature of specific EPN Service disruptions and MBSD's ability to fix
such disruptions promptly.\21\ FICC states that the specific disruption
determines whether the cut-off time would be extended to later in the
Business Day or the next Business Day.\22\
---------------------------------------------------------------------------

    \19\ Notice, 83 FR at 40612-13.
    \20\ Notice, 83 FR at 40613.
    \21\ Id.
    \22\ Id.
---------------------------------------------------------------------------

2. Proposed Changes to EPN Rules, Article III, Rule 1, Section 5 (``EPN
Users Bound by EPN Rules, EPN Procedures and Applicable Laws'')
    EPN Rules, Article III, Rule 1, Section 5 states, in part, that the
use of FICC's facilities by an EPN User shall constitute such EPN
User's agreement with FICC and with all other EPN Users to be bound by
the provisions of, and by any action taken or order issued by FICC
pursuant to the EPN Rules and any amendment thereto, and to such EPN
Procedures that FICC from time to time may adopt.\23\ FICC proposes to
amend the title of this section and the paragraph in this section to
delete all references to EPN Procedures, as FICC does not maintain such
procedures.\24\
---------------------------------------------------------------------------

    \23\ Id.
    \24\ Id.
---------------------------------------------------------------------------

3. Proposed Changes to EPN Rules, Article III, Rule 1, Section 6 (``EPN
Rules and EPN Procedures Incorporated in EPN User Messages'')
    EPN Rules, Article III, Rule 1, Section 6 states that the EPN Rules
and the EPN Procedures adopted from time to time by FICC shall be
deemed to be incorporated in each Message that occurs through the EPN
Service. This section also states that if the terms contained in any
other agreement between EPN Users are inconsistent with the provisions
of the EPN Rules or the EPN Procedures, the EPN Rules and the EPN
Procedures shall be controlling.\25\ FICC proposes to amend the title
of this section and the paragraph in this section to delete all
references to EPN Procedures, as FICC does not maintain such
procedures.\26\
---------------------------------------------------------------------------

    \25\ Id.
    \26\ Id.
---------------------------------------------------------------------------

4. Proposed Changes to EPN Rules' Article III, Rule 3, Section 1
(``When the Corporation Declines To Act for an EPN User'')
    EPN Rules, Article III, Rule 3, Section 1 states that FICC may, at
any time, cease to act for an EPN User if the EPN User has (i) failed
to perform its obligations to FICC or other EPN Users under the EPN
Rules or the EPN Procedures or (ii) materially violated any of the EPN
Rules, EPN Procedures, or any agreement with FICC.\27\ FICC proposes to
amend this section to delete all references to the EPN Procedures, as
FICC does not maintain such procedures.\28\
---------------------------------------------------------------------------

    \27\ Id.
    \28\ Id.
---------------------------------------------------------------------------

5. Proposed Changes to EPN Rules' Article III, Rule 4 (``Admission to
Premises of Corporation; Powers of Attorney'')
    EPN Rules, Article III, Rule 4 states that no person shall be
permitted to enter FICC's premises as the representative of any EPN
User unless ``he'' has first been approved by FICC.\29\ FICC proposes
to delete the reference to ``he'' and replace it with ``such person''
because FICC believes that it would be more appropriate to use gender
neutral terminology.\30\
---------------------------------------------------------------------------

    \29\ Id.
    \30\ Id.
---------------------------------------------------------------------------

D. Proposed Changes to Correct the EPN Rules' Article V
(``Miscellaneous'')

    FICC proposes revisions to Article V of the EPN Rules to replace
outdated references to ``Vice President,'' and to remove references to
EPN Procedures.
1. Proposed Changes to EPN Rules' Article V, Rule 1 (``Action by the
Corporation'')
    EPN Rules, Article V, Rule 1 states that, except where action by
FICC's Board of Directors (``Board''), or any committee of the Board,
is specifically required by FICC's By-Laws or the EPN Rules, FICC may
act by its President, any Managing Director, or any Vice President or
by such person as may be designated from time to time by the Board.\31\
FICC proposes to amend this sentence to delete the reference to Vice
President and replace it with Executive Director because FICC no longer
uses the title ``Vice President.'' \32\
---------------------------------------------------------------------------

    \31\ Id.
    \32\ Id.
---------------------------------------------------------------------------

2. Proposed Changes to EPN Rules' Article V, Rule 3 (``Fines and Other
Sanctions'')
    EPN Rules, Article V, Rule 3 states that FICC may impose a fine on
an EPN User for violating EPN Rules or EPN Procedures.\33\ FICC
proposes to amend this section to delete the reference to EPN
Procedures, as FICC does not maintain such procedures.\34\
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    \33\ Id.
    \34\ Id.
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3. Proposed Changes to EPN Rules' Article V, Rule 4
(``Communications'')
    EPN Rules, Article V, Rule 4 states that each EPN User maintaining
an account must maintain such data processing and communications
equipment as FICC may specify in the EPN Procedures.\35\ FICC proposes
to delete the reference to EPN Procedures, as FICC does not maintain
such procedures, and amend this sentence to state that each EPN User
maintaining an account shall be required to maintain such data
processing and communications equipment as FICC may specify from time-
to-time.\36\ FICC states that this proposed change is consistent with
FICC's existing practice of providing data processing and
communications equipment requirements to all approved applicants during
the membership onboarding process.\37\
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    \35\ Id.
    \36\ Id.
    \37\ Id.
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4. Proposed Changes to EPN Rules' Article V, Rule 7 (``Hearings'')
    EPN Rules, Article V, Rule 4, Section 1 states that if an
individual's written statement contests FICC's determination that such
individual has violated an EPN Rule or EPN Procedure, the statement
must specifically admit or deny each violation alleged and detail the
reasons why the EPN Rules or EPN Procedures alleged to have been
violated are being contested.\38\ FICC proposes to amend this sentence
to delete all references to the EPN Procedures, as FICC does not
maintain such procedures.\39\
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    \38\ Id.
    \39\ Id.
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5. Proposed Changes to EPN Rules' Article V, Rule 11 (``EPN
Procedures'')
    FICC proposes to delete this entire rule because FICC does not
maintain EPN Procedures.\40\ FICC would reserve this rule for future
use and this rule would be entitled ``Reserved for Future Use.'' \41\
---------------------------------------------------------------------------

    \40\ Id. See also supra note 10.
    \41\ Notice, 83 FR at 40614.

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6. Proposed Changes to EPN Rules' Article V, Rule 12 (``Waivers,
Etc.'')
    EPN Rules, Article V, Rule 12 states that the Board or any FICC
officer (having a rank of Vice President or higher) may extend, waive,
or suspend timeframes under the EPN Rules, the EPN Procedures, or any
regulations issued by FICC whenever such extension, waiver or
suspension is necessary or expedient.\42\ FICC proposes to amend this
sentence to delete all references to EPN Procedures, as FICC does not
maintain such procedures, and ``regulations issued by FICC.'' \43\ FICC
also proposes to replace the reference to ``Vice President'' with
``Executive Director'' because FICC no longer uses the title ``Vice
President.'' \44\
---------------------------------------------------------------------------

    \42\ Id.
    \43\ Id.
    \44\ Id.
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7. Proposed Changes to EPN Rules' Article V, Rule 17 (``Forms'')
    EPN Rules, Article V, Rule 17 states that any information required
to be delivered to FICC by use of any such forms may be delivered by
the use of any media, as shall be prescribed in the EPN Procedures or
by FICC from time to time.\45\ FICC proposes to delete the reference to
EPN Procedures, as FICC does not maintain such procedures.\46\
---------------------------------------------------------------------------

    \45\ Id.
    \46\ Id.
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E. Proposed Changes to Provide Enhances Transparency to the EPN Rules

    FICC proposes to provide transparency to various provisions in the
EPN Rules, as described below.\47\
---------------------------------------------------------------------------

    \47\ Id.
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1. Proposed Changes to EPN Rules' Article I, Rule 1 (``Definitions'')
    FICC proposes to amend the term ``Message'' in Rule 1 to define
this term as all electronic messages sent and received by an EPN User
through the EPN Service, and to delete the reference to EPN Procedures,
as FICC does not maintain such procedures.\48\
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    \48\ Id.
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2. Proposed Changes to EPN Rules' Article II, Rule 1 (``Accounts'')
    EPN Rules' Article II, Rule 1, Section 2 states that FICC may
specify in the EPN Procedures that certain Messages between EPN Users
are not eligible for the EPN Service.\49\ FICC proposes to amend this
section to delete the reference to EPN procedures and state that
certain Messages may be ineligible if FICC determines that such
Messages are not submitted in a manner that is consistent with the
communication links, formats, timeframes, and deadlines established by
FICC.\50\
---------------------------------------------------------------------------

    \49\ Id.
    \50\ Id.
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3. Proposed Changes to EPN Rules' Article II, Rule 2 (``Reports'')
    EPN Rules' Article II, Rule 2, Section 1 states that the Message
detail report (``Message Detail Report'') and the Message summary
report (``Message Summary Report'') are available at a time specified
in the EPN Procedures.\51\ FICC proposes to amend this section to
delete the reference to EPN procedures and state that these reports
would be available at a time specified in the time schedule posted on
FICC's website.\52\
---------------------------------------------------------------------------

    \51\ Id.
    \52\ Id.
---------------------------------------------------------------------------

    EPN Rules' Article II, Rule 2, Section 2 states that the Message
Detail Report shall list the contents of each Message as described in
the EPN Procedures.\53\ FICC proposes to delete the reference to EPN
Procedures, as FICC does not maintain such procedures, and amend this
section to state that for each EPN eligible security (``Eligible
Security''), the Message Detail Report would include, but would not be
limited to, the pool number, original face value, current face value,
maturity date, pool factor, Committee on Uniform Securities
Identification Procedures number (``CUSIP Number''), issue date,
principal and interest, and total net money.\54\ In connection with
this change, FICC proposes to amend Article I, EPN Rule 1 (Definitions)
to include a defined term for ``CUSIP Number.'' \55\ FICC would define
this term as the Committee on Uniform Securities Identification
Procedures identifying number for an EPN Eligible Security.\56\ The
proposed change to this section would be consistent with the
information that is currently included in the Message Detail
Report.\57\
---------------------------------------------------------------------------

    \53\ Id.
    \54\ Id.
    \55\ Id.
    \56\ Id.
    \57\ Id.
---------------------------------------------------------------------------

    EPN Rules' Article II, Rule 2, Section 3 states that the Message
Summary Report shall list the contents of each Message as described in
the EPN Procedures.\58\ FICC proposes to delete the reference to EPN
Procedures, as FICC does not maintain such procedures, and amend this
section to state that for each Eligible Security, the Message Summary
Report would include, but would not be limited to, the total original
face value, total net money, CUSIP Number, and summary of the number
and type of Messages.\59\ The proposed change to this section would be
consistent with the information that is currently included in the
Message Summary Report.\60\
---------------------------------------------------------------------------

    \58\ Id.
    \59\ Id.
    \60\ Id.
---------------------------------------------------------------------------

    EPN Rules' Article II, Rule 2, Section 5 states that each EPN
Message shall include one or more time stamps, one of which will
include a good delivery time stamp as described in the EPN
Procedures.\61\ FICC proposes to delete the reference to ``EPN'' in the
term ``EPN Message'' because while ``EPN Message'' is not a defined
term, ``Message'' is a defined term.\62\ FICC also proposes to delete
the reference to EPN Procedures, as FICC does not maintain such
procedures.\63\
---------------------------------------------------------------------------

    \61\ Id.
    \62\ Id.
    \63\ Id.
---------------------------------------------------------------------------

    FICC also proposes to amend this section to state that the good
delivery time stamp would be referred to as ``T2'' and that the
application of this time stamp would determine good delivery among EPN
Users pursuant to the SIFMA Guidelines.\64\ The proposed change also
would state that the remainder of the time stamps would be for the EPN
Service's operational, processing, and reporting purposes.\65\
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    \64\ Id. FICC notes that the reference to ``T2'' does not relate
to the two business days settlement cycle for broker-deal securities
transactions, known as ``T+2.'' See Notice 83 FR at 40611.
    \65\ Notice, 83 FR at 40614.
---------------------------------------------------------------------------

4. Proposed Changes to EPN Rules' Article III, Rule 5 (``Use of EPN
Service'')
    EPN Rules' Article III, Rule 5 states that all EPN Users will use
the EPN Service for EPN Eligible Securities in a manner set forth in
the EPN Procedures and that this shall be accomplished by providing
(for each Message that an EPN User sends or receives) the pricing and
other descriptive information, in the manner, and by the cut-off times,
specified in the EPN Procedures.\66\
---------------------------------------------------------------------------

    \66\ Notice, 83 FR at 40615.
---------------------------------------------------------------------------

    FICC proposes to delete the references to EPN Procedures, as FICC
does not maintain such procedures, and amend this rule to state that
the EPN User will use the EPN Service as set forth in the EPN Rules and
that this shall be accomplished by providing (for each Message that an
EPN User sends or receives) the pricing and other descriptive
information, in the manner, and by the times, specified on FICC's
website.\67\ FICC states that this information is communicated to all

approved applicants during the membership onboarding process.\68\
---------------------------------------------------------------------------

    \67\ Id.
    \68\ Id.
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F. Proposed Changes to the EPN Service's Processing of the Good
Delivery T2 Time Stamp for Pool Substitutions

    FICC states that, if a pool seller decides to substitute a mortgage
pool for which pool information has already been provided, the pool
seller must submit a cancel and correct Message by 12:15 p.m. on any
Business Day prior to the delivery of the mortgage pool.\69\ Upon
receipt of the pool seller's Message, the EPN Service applies a T2 time
stamp to the Message to reflect the time that the EPN Service and the
time the pool buyer received the pool seller's Message.\70\ The T2 time
stamp on the pool buyer's Message establishes whether good delivery has
occurred for purposes of the pool seller's pool substitution.\71\ In
the event that the T2 time stamp on the pool buyer's Message reflects a
time after 12:15 p.m., FICC is responsible for financing the mortgage
pools that are associated with the Message until the next Business
Day.\72\
---------------------------------------------------------------------------

    \69\ Id.
    \70\ Id.
    \71\ Id.
    \72\ Id.
---------------------------------------------------------------------------

    FICC proposes to establish a single good delivery T2 time stamp
that reflects the same processing time on the pool seller's Message and
the pool buyer's Message, respectively.\73\ This time stamp would
determine whether the 12:15 p.m. cut-off time has been met for purposes
of establishing good delivery of the pool buyer's pool
substitution.\74\ As a result of this change, in the event that the T2
time stamp reflects a time that does not meet the 12:15 p.m. cut-off
time, the financing of the mortgage pools, if any, would be the
responsibility of the counterparties to the Message, as determined by
such parties in accordance with the SIFMA Guidelines.\75\
---------------------------------------------------------------------------

    \73\ Id.
    \74\ Id.
    \75\ Id.
---------------------------------------------------------------------------

    FICC states that it is proposing this change because it would be
consistent with the SIFMA Guidelines, which FICC states reflects
industry best practices.\76\ Further, FICC states that the parties to
the Message are best positioned to ensure that the Message meets the
good delivery requirements.\77\ FICC states that the proposed change
would be consistent with FICC's proposal to refer to the good delivery
time stamp as ``T2,'' as discussed above. \78\ Additionally, FICC
states that the application of this time stamp would determine good
delivery among EPN Users, pursuant to the SIFMA Guidelines.\79\ FICC
states that the proposed change would not affect FICC's guarantee and
novation of transactions submitted by Clearing Members through MBSD's
Clearing System.\80\
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    \76\ Notice, 83 FR at 40616.
    \77\ Notice, 83 FR at 40615.
    \78\ Id.
    \79\ Id.
    \80\ Id.
---------------------------------------------------------------------------

II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \81\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. The Commission believes the proposal is
consistent with the Act, specifically Section 17A(b)(3)(F) of the Act
and Rule 17Ad-22(e)(23)(i) under the Act, as discussed below.\82\
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    \81\ 15 U.S.C. 78s(b)(2)(C).
    \82\ 15 U.S.C. 78q-1(b)(3)(F); 17 CFR 240.17Ad-22(20).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F)

    Section 17A(b)(3)(F) of the Act \83\ requires, inter alia, that the
rules of the clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions.
---------------------------------------------------------------------------

    \83\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    First, as described above, FICC proposes to make several clarifying
changes to the EPN Rules. Specifically, the proposed changes would
correct the EPN Rules by removing inaccurate or inapplicable terms from
the Rules. The proposed changes also are designed to provide
transparency to the EPN Rules by more accurately describing the EPN
Service's current practices. By improving the EPN Rules in this way,
the Commission believes the proposed changes would help clarify the EPN
Users' rights and obligations under those practices. By better
understand their rights and obligations regarding the EPN Service, EPN
Users are more likely to act in accordance with the EPN Rules, which
the Commission believes would promote the prompt and accurate clearance
and settlement of securities transactions.
    Second, as described above, FICC proposes to establish a single
good delivery T2 time stamp. This proposed change is designed to be
consistent with the SIFMA Guidelines, which reflect industry best
practices. Additionally, by making the counterparties responsible for
the financing the mortgage pools if the 12:15 p.m. deadline is not met,
the proposal would encourage EPN Users to adhere to the deadline for
substitutions. By ensuring that the EPN Services comport with industry
best practices and encouraging EPN Users to abide by processing
deadlines, the Commission believes that the proposed changes would help
the processing of transactions through the EPN Service, thus promoting
the prompt and accurate clearance and settlement of such securities
transactions.
    As each of the aforementioned changes is designed to promote the
prompt and accurate clearance and settlement of securities
transactions, the Commission finds that the proposal and is consistent
with the requirements of Section 17A(b)(3)(F).

B. Consistency With Rule 17Ad-22(e)(23)(i)

    Rule 17Ad-22(e)(23)(i) under the Act requires, inter alia, a
covered clearing agency \84\ to establish, implement, maintain and
enforce written policies and procedures reasonably designed to provide
for publicly disclosing all relevant rules and material procedures.\85\
---------------------------------------------------------------------------

    \84\ A ``covered clearing agency'' means, among other things, a
clearing agency registered with the Commission under Section 17A of
the Exchange Act (15 U.S.C. 78q-1 et seq.) that is designated
systemically important by the Financial Stability Oversight Counsel
(``FSOC'') pursuant to the Payment, Clearing, and Settlement
Supervision Act of 2010 (12 U.S.C. 5461 et seq.). See 17 CFR
240.17Ad-22(a)(5)-(6). On July 18, 2012, FSOC designated FICC as
systemically important. U.S. Department of the Treasury, ``FSOC
Makes First Designations in Effort to Protect Against Future
Financial Crises,'' available at https://www.treasury.gov/press-center/press-releases/Pages/tg1645.asp. Therefore, FICC is a covered
clearing agency.
    \85\ 17 CFR 240.17Ad-22(e)(23)(i).
---------------------------------------------------------------------------

    As described above, the proposed rule changes would (i) correct the
EPN Rules by removing inappropriate terminology, (ii) provide
transparency to the EPN Rules by ensuring the EPN Rules match the EPN
Service's current practices, and (iii) amend the EPN Service's
processing of T2 time stamps for pool substitutions. Each of these
proposed changes would assist FICC in publicly disclosing all relevant
and material procedures regarding the EPN Service to EPN Users.
Therefore, the Commission finds that the proposal is consistent Rule
17Ad-22(e)(23)(i) under the Act.

III. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act, in particular
the requirements of

Section 17A of the Act \86\ and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \86\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It Is Therefore Ordered, pursuant to Section 19(b)(2) of the Act,
that proposed rule change SR-FICC-2018-007 be, and hereby is,
APPROVED.\87\
---------------------------------------------------------------------------

    \87\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \88\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\88\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21235 Filed 9-28-18; 8:45 am]
 BILLING CODE 8011-01-P