[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28739-28741]
[FR Doc No: E9-14146]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60083; File No. SR-CHX-2009-02]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Relating to the Rejection of
Undisplayed Odd-Lot Orders From the Exchange's Matching System

June 10, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\

notice is hereby given that on June 2, 2009, the Chicago Stock
Exchange, Inc. (``CHX'' or the ``Exchange'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the CHX. 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 CHX proposes to amend its rules to allow Exchange customers to
specify whether odd-lot orders and unexecuted odd-lot remainders, that
are not able to be immediately displayed, should remain in, or be
rejected from, the Exchange's Matching System. Additionally, the
Exchange proposes to add a generic routing rule to clarify how any
orders that are rejected from the Exchange's Matching System, and
routed away according to Participant instructions, will be handled.\3\
The text of this proposed rule change is available on the Exchange's
Web site at (www.chx.com) and in the Commission's Public Reference
Room.
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    \3\ The Exchange notes that while this rule is currently being
added to clarify how undisplayed odd-lots that are rejected from the
Matching System will be routed, the rule will apply to any orders
that are rejected from the Matching System and routed according to
Participant instructions.
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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 CHX included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The CHX has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend CHX Article 20, Rule 8 to allow
Exchange Participants to specify whether odd-lot orders and unexecuted
odd-lot remainders, that are not able to be immediately displayed,
should remain in, or be rejected from, the Exchange's Matching System.
Additionally, the Exchange proposes to add a generic routing rule to
clarify how any orders that are rejected from the Exchange's Matching
System, and routed away according to Participant instructions, will be
handled.
    Currently, odd-lot orders and unexecuted odd-lot remainders that
are not able to be immediately displayed, because they are at a better
price than the current CHX quote and have no other orders with which to
aggregate, remain in the Exchange's Matching System until they are
executed, are aggregated with another order and displayed \4\ or are
cancelled. The proposed rule change would allow Exchange Participants
to specify whether such orders should remain in, or be rejected from,
the Exchange's Matching System. This preference could be set by the
Participant on both a default and order by order basis.\5\ Orders
remaining in the Matching System will continue to be ranked at the
price and time at which they were originally received. Orders that are
rejected from the Matching System shall either be sent back to the
order sender or be routed to another destination according to each
Participant's instructions \6\ or, if designated ``do not route,''
automatically cancelled. The Exchange also proposes that Participants
that elect to have orders routed to another destination pursuant to
this rule, or pursuant to Article 20, Rule 5 (``Prevention of Trade-
throughs''), agree to be bound by such transactions.
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    \4\ The Exchange notes that odd-lot orders are aggregated with
other odd-lot and mixed lot orders where possible to form round
lots. Additionally, odd-lot orders are considered displayed when
there are other round-lot orders at the same price point which are
being displayed.
    \5\ This system functionality already exists and can be put into
production once the necessary rule change is approved.
    \6\ The Exchange notes that orders rejected in accordance with
this rule will be routed in the same manner as those rejected under
the NMS trade-through validation rule (Exchange Article 20, Rule 5,
Interpretations and Policies .03), which has already been approved
by the Commission.
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    Exchange Participants have requested this functionality to improve
the certainty of order execution. For example, if a Participant enters
a limit order to buy four hundred (400) shares into the Matching System
and that order matches with an order to sell three hundred fifty (350)
shares at the same price, the system would execute three hundred fifty
shares leaving fifty (50) shares as an unexecuted odd-lot remainder.
Currently, if there were no other round-lot orders at the same price,
these shares would remain undisplayed in the Matching System; reducing
the likelihood that the Participant would receive a timely execution on
the remaining shares.\7\ Under the proposed rule change, the
Participant would be able to specify that such orders be rejected from
the Matching System and either cancelled or routed to another
destination with which they have an agreement.
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    \7\ This also assumes that there are no other odd-lots at the
same price with which the odd-lot could aggregate to form a round
lot. See footnote 4, supra.
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    This proposed rule change is consistent with Regulation NMS because
it applies only to odd-lot orders and unexecuted odd-lot remainders.
Only round-lot orders are subject to the requirements of Regulation NMS
in that only round-lot orders must be included in the Exchange's
automated quote.\8\ In contrast, odd-lot orders are not displayed, and
the prohibitions against both locked and crossed markets and trade-
throughs do not apply to odd-lots. Exchanges are permitted to establish
their own rules for handling odd-lot orders and the odd-lot portions of
mixed-lot orders.\9\
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    \8\ Under Regulation NMS, Rule 600(b)(8) defines ``bid'' or
``offer'' as the bid price or offer price for one or more round lots
of an NMS security. This definition is embedded in the definition of
``quotation'' in Rule 600(b)(62), as well as the definition of
``protected bid'' or ``protected offer'' in Rule 600(b)(57). 17 CFR
242.600(b).
    \9\ See Response No. 7.03 in ``Responses to Frequently Asked
Questions Concerning Rule 611 and Rule 610 of Regulation NMS,''
Division of Trading and Markets, dated June 8, 2007.
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    The Exchange also proposes to add a generic routing rule to clarify
how any orders that are rejected from the Exchange's Matching System,
and routed away according to Participant instructions, will be handled.
The use of routing services is optional and is available only to
exchange Participants.
    In such cases, the Participant will be responsible for ensuring
that it has a relationship with its chosen destinations to permit the
requested access. The Exchange shall not have responsibility for the
handling of the order by the other destination, but will report any
execution or cancellation of the order by the other destination to the
Participant that submitted the order, will notify the other venue of
any cancellations or changes to the order submitted by the order-
sending Participant and, if requested by the Participant and its chosen
destination, will flip any executions into the Participants account, as
necessary, and report that second leg of the away-market transaction to
clearing.\10\
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    \10\ For example, if the Exchange routes a participant's buy
order to the participant's chosen destination (Router ABC) and
Router ABC gets an execution of that order in another market against
market maker XYZ, the first leg of the transaction (ABC buying from
XYZ) will be reported to clearing by the other market. The Router
ABC would send an execution report back to the Exchange (for routing
to the original order-sending participant). Under this proposal, if
the participant and Router ABC had requested, the Exchange would
take the execution report and create a clearing-only record,
flipping the execution from Router ABC's account to the account of
the order-sending participant (ABC selling to the order-sending
participant).

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    The Exchange will provide its Routing Services pursuant to the
proposed rule and three separate agreements, to the extent that they
are applicable to a specific routing decision and deemed necessary by
the Exchange and/or a third-party broker-dealer providing connectivity
to other markets: (a) An agreement between the Exchange and each
Participant on whose behalf orders will be routed (``Participant-
Exchange Agreement''); (b) an agreement between each Participant and a
specified third-party broker-dealer that will use its routing
connectivity to other markets and, if necessary, serve as a ``give-up''
in those markets (``Give-Up Agreement''); and (c) an agreement between
the Exchange and the specified third-party broker-dealer (``Routing
Connectivity Agreement'') pursuant to which the third-party broker-
dealer agrees to provide routing connectivity to other markets and
serve as a ``give-up'' for the Exchange's Participants in other
markets. The Routing Connectivity Agreement will include terms and
conditions that enable the Exchange to comply with this rule.
    The Exchange will provide such Routing Services in compliance with
its rules and with the provisions of the Act and the rules thereunder,
including, but not limited to, the requirements of Sections 6(b)(4)
\11\ and (5) \12\ of the Act that the rules of a national securities
exchange provide for the equitable allocation of dues, fees and other
charges among its members and issues and other persons using its
facilities, and not be designed to permit unfair discrimination between
customers, issuers, brokers or dealers.
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    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(5).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act in general,\13\ and furthers the
objectives of Section 6(b)(5) in particular,\14\ in that it is designed
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transaction in securities, to remove impediments and perfect the
mechanisms of a free and open market, and, in general, to protect
investors and the public interest. In this case, providing Participants
the ability to have their undisplayed orders rejected from the
Exchange's Matching System, to be cancelled or routed elsewhere for
execution, protects investors and removes an impediment to a free and
open market in that it improves the certainty of order execution.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 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 either solicited or received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (a) By order approve such proposed rule change, or
    (b) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2009-02 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-CHX-2009-02. 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, 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 Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. 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-CHX-
2009-02 and should be submitted on or before July 8, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14146 Filed 6-16-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Page 2984]
[FR Doc No: 2013-00627]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-733-000]

Silver Bear Power, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Silver Bear Power, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is January 29, 2013.
    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 Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 9, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-00627 Filed 1-14-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50919-50922]
[FR Doc No: 2021-19613]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92892; File No. SR-CboeEDGX-2021-038]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend its Fee Schedule

September 7, 2021.
    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 September 1, 2021, Cboe EDGX Exchange, Inc. (the ``Exchange''
or ``EDGX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'' or ``EDGX
Equities'') proposes to amend its Fee Schedule. The text of the
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/) [sic], at the Exchange's Office of the Secretary,
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule applicable to its
equities trading platform (``EDGX Equities'') to modify Growth Tier,
effective September 1, 2021.
    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues
that do not have similar self-regulatory responsibilities under the
Exchange Act, to which market participants may direct their order flow.
Based on publicly available information,\3\ no single registered
equities exchange has more than 16% of the market share. Thus, in such
a low-concentrated and highly competitive market, no single equities
exchange possesses significant pricing power in the execution of order
flow. The Exchange in particular operates a ``Maker-Taker'' model
whereby it pays rebates to members that add liquidity and assesses fees
to those that remove liquidity. The Exchange's Fee Schedule sets forth
the standard rebates and rates applied per share for orders that
provide and remove liquidity, respectively. Currently, for orders in
securities priced at or above $1.00, the Exchange provides a standard
rebate of $0.00160 per share for orders that add liquidity and assesses
a fee of $0.00285 per share for orders that remove liquidity. For
orders in securities priced below $1.00, the Exchange provides a
standard rebate of $0.00009 per share for orders that add liquidity and
assesses a fee of 0.30% of total dollar value for orders that remove
liquidity. Additionally, in response to the competitive environment,
the Exchange also offers tiered pricing which provides Members
opportunities to qualify for higher rebates or reduced fees where
certain volume criteria and thresholds are met. Tiered pricing provides
an incremental incentive for Members to strive for higher tier levels,
which provides increasingly higher benefits or discounts for satisfying
increasingly more stringent criteria.
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    \3\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (August 30, 2021), available at https://markets.cboe.com/us/equities/market_statistics/.
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    Under footnote 1 of the Fee Schedule the Exchange currently offers
various Add/Remove Volume Tiers. In particular, the Exchange offers
three Growth Tiers that each provide an enhanced rebate for Members'
qualifying orders yielding fee codes B, V, Y, 3 and 4,\4\ where a
Member reaches certain add volume-based criteria, including ``growing''
its volume over a certain baseline month. Currently, Growth Tier 1
provides an enhanced rebated of $0.0026 per share on qualifying orders
(i.e., orders yielding fee code B, V, Y, 3 and 4) where a Member (1)
adds an ADV \5\ of greater than or equal to 0.20% of the TCV,\6\ and
(2) has a Step-Up Add TCV \7\ from March 2019 that is greater than or
equal to 0.10%. The Exchange proposes to amend the second prong of
Growth Tier 1 to update the baseline month and provide an alternative
threshold that Members may meet to satisfy the second prong criteria.
More specifically, the Exchange proposes to require that in addition to
a Member needing to add an ADV of greater than or equal to 0.20% of the
TCV, the Member must (i) have a Step-Up Add TCV from August 2021
greater than or equal to 0.10% or (ii) must add a Step-Up ADAV \8\ from
August 2021 greater than or equal to 8,000,000. Overall, the Growth
tiers, including Growth Tier 1 as amended, are designed to provide
Members with an additional opportunity to receive an enhanced rebate by
increasing their order flow to the Exchange, which further contributes
to a deeper, more liquid market and provides even more execution
opportunities for active market participants. Incentivizing an increase
in liquidity adding volume, through enhanced rebate opportunities,
encourages liquidity adding Members on the Exchange to contribute to a
deeper, more liquid market, and liquidity executing Members on the
Exchange to increase transactions and take execution opportunities
provided by such increased liquidity, together providing for overall
enhanced price discovery and price improvement opportunities on the
Exchange. As such, increased overall order flow benefits all Members by
contributing towards a robust and well-balanced market ecosystem.
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    \4\ B is appended to orders that add liquidity to EDGX in Tape B
securities, V is appended to order that add liquidity to EDGX in
Tape A securities, Y is appended to orders that add liquidity to
EDGX in Tape C securities, 3 is appended to orders that add
liquidity to EDGX in pre and post market in Tape A or C securities,
and 4 is appended to orders that add liquidity to EDGX in pre and
post market in Tape A [sic] or C [sic] securities. Each is provided
the standard rebate of $0.00160.
    \5\ ADV means average daily volume calculated as the number of
shares added to, removed from, or routed by, the Exchange, or any
combination or subset thereof, per day. ADV is calculated on a
monthly basis.
    \6\ TCV means total consolidated volume calculated as the volume
reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply.
    \7\ Step-Up Add TCV means ADAV as a percentage of TCV in the
relevant baseline month subtracted from current ADAV as a percentage
of TCV.
    \8\ ``Step-up ADAV'' means ADAV in the relevant baseline month
subtracted from current ADAV.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) \11\
requirements that the rules of an exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and, particularly, is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
    \11\ 15 U.S.C. 78f.(b)(5).
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    As described above, the Exchange operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. The proposed rule changes
reflect a competitive pricing structure designed to incentivize market
participants to direct their order flow to the Exchange, which the
Exchange believes would enhance market quality to the benefit of all
Members. Additionally, the Exchange notes that relative volume-based
incentives and discounts have been widely adopted by exchanges,\12\

including the Exchange,\13\ and are reasonable, equitable and non-
discriminatory because they are open to all members on an equal basis
and provide additional benefits or discounts that are reasonably
related to (i) the value to an exchange's market quality and (ii)
associated higher levels of market activity, such as higher levels of
liquidity provision and/or growth patterns. Competing equity exchanges
offer similar tiered pricing structures, including schedules of rebates
and fees that apply based upon members achieving certain volume and/or
growth thresholds, as well as assess similar fees or rebates for
similar types of orders, to that of the Exchange.
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    \12\ See generally NYSE Price List, Transaction Fees; Nasdaq
Equity 7, Section 118(a)(1), Fees for Execution and Routing of
Orders in Nasdaq-Listed Securities; and BZX Equities Fee Schedule,
Footnote 1, Add/Remove Volume Tiers.
    \13\ See EDGX Equities Fee Schedule, Footnote 1, Add/Remove
Volume Tiers.
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    In particular, the Exchange believes the proposed changes to Growth
Tier 1 is reasonable because the Tier will continue to be available to
all Members and provide all Members with an additional opportunity to
receive an enhanced rebate, albeit using slightly modified criteria and
providing an alternative criteria Members may satisfy. The Exchange
further believes the Growth Tier 1, even as amended, continues to
provide a reasonable means to encourage overall growth in Members'
order flow to the Exchange and to incentivize Members to continue to
provide liquidity adding volume to the Exchange by offering them an
additional opportunity to receive an enhanced rebate on qualifying
orders. An overall increase in activity would deepen the Exchange's
liquidity pool, offers additional cost savings, support the quality of
price discovery, promote market transparency and improve market
quality, for all investors.
    Further, the Exchange believes that the proposed changes are
reasonable as it does not represent a significant departure from the
criteria currently offered in the Fee Schedule. For example, the
Exchange notes similar criteria is offered under the first prong of
Growth Tier 2 which provides an enhanced rebate where a Member adds a
Step-Up ADAV from June 2021 of greater than or equal to 0.10% of the
TCV or adds a Step-Up ADAV from June 2021 greater than or equal to
8,000,000.\14\ Additionally, the Exchange believes that the proposed
enhanced rebate under Growth Tier 1, which is not being changed,
continues to be commensurate with the new criteria.
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    \14\ A Member must also meet the second prong under Growth Tier
2 which requires the Member to have a total remove ADV of greater
than or equal to 0.70% of TCV. See EDGX Equities Fees Schedule,
Footnote 1.
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    The Exchange also believes that the proposal represents an
equitable allocation of fees and rebates and is not unfairly
discriminatory because all Members continue to be eligible for Growth
Tier 1 and have the opportunity to meet the Tier's criteria and receive
the corresponding enhanced rebate if such criteria is met. Without
having a view of activity on other markets and off-exchange venues, the
Exchange has no way of knowing whether this proposed rule change would
definitely result in any Members qualifying for Growth Tier 1, as
amended. While the Exchange has no way of predicting with certainty how
the proposed changes will impact Member activity, the Exchange
anticipates that at least one Member will be able to satisfy the
criteria proposed under the Tier (currently, two Members satisfy Growth
Tier 1). The Exchange also notes that proposed changes will not
adversely impact any Member's ability to qualify for reduced fees or
enhanced rebates offered under other tiers. Should a Member not meet
the proposed new criteria, the Member will merely not receive that
corresponding enhanced rebate.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Rather, as discussed above, the
Exchange believes that the proposed change would encourage the
submission of additional order flow to a public exchange, thereby
promoting market depth, execution incentives and enhanced execution
opportunities, as well as price discovery and transparency for all
Members. As a result, the Exchange believes that the proposed change
furthers the Commission's goal in adopting Regulation NMS of fostering
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.''
    The Exchange believes the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
changes to Growth Tier 1 applies to all Members equally in that all
Members are eligible for the Tier, have a reasonable opportunity to
meet the Tier's criteria and will receive the enhanced rebate on their
qualifying orders if such criteria is met. The Exchange does not
believe the proposed changes burdens competition, but rather, enhances
competition as it is intended to increase the competitiveness of EDGX
by amending an existing pricing incentive in order to attract order
flow and incentivize participants to increase their participation on
the Exchange, providing for additional execution opportunities for
market participants and improved price transparency. Greater overall
order flow, trading opportunities, and pricing transparency benefits
all market participants on the Exchange by enhancing market quality and
continuing to encourage Members to send orders, thereby contributing
towards a robust and well-balanced market ecosystem.
    Next, the Exchange believes the proposed rule change does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues that they may participate on
and direct their order flow, including other equities exchanges, off-
exchange venues, and alternative trading systems. Additionally, the
Exchange represents a small percentage of the overall market. Based on
publicly available information, no single equities exchange has more
than 16% of the market share.\15\ Therefore, no exchange possesses
significant pricing power in the execution of order flow. Indeed,
participants can readily choose to send their orders to other exchange
and off-exchange venues if they deem fee levels at those other venues
to be more favorable. Moreover, the Commission has repeatedly expressed
its preference for competition over regulatory intervention in
determining prices, products, and services in the securities markets.
Specifically, in Regulation NMS, the Commission highlighted the
importance of market forces in determining prices and SRO revenues and,
also, recognized that current regulation of the market system ``has
been remarkably successful in promoting market competition in its
broader forms that are most important to investors and listed
companies.'' \16\ The fact that this market is competitive has also
long been recognized by the courts. In NetCoalition v. Securities and
Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-

dealers that act as their order-routing agents, have a wide range of
choices of where to route orders for execution'; [and] `no exchange can
afford to take its market share percentages for granted' because `no
exchange possesses a monopoly, regulatory or otherwise, in the
execution of order flow from broker dealers' . . . .''.\17\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \15\ Supra note 4.
    \16\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \17\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \18\ and paragraph (f) of Rule 19b-4 \19\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-CboeEDGX-2021-038 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2021-038. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change.
    Persons submitting comments are cautioned that we do not redact or
edit personal identifying information from comment submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-CboeEDGX-2021-
038 and should be submitted on or before October 4, 2021.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19613 Filed 9-10-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Page 39298]
[FR Doc No: 2011-16909]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0561]

Drawbridge Operation Regulation; Christina River, Wilmington, DE

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District has issued a
temporary deviation from the regulations governing the operation of the
Walnut Street Bridge, across the Christina River, at mile 2.8, in
Wilmington, DE. The deviation restricts the operation of the draw span
in order to facilitate the inspection of the operational equipment.

DATES: This deviation is effective from 8 a.m. June 23, 2011 until 5
p.m. July 22, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0561 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0561, in
the ``Keyword'' box and then clicking ``Search''. They are also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Terrance Knowles, Environmental Protection Specialist,
Fifth Coast Guard District, at telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Delaware Department of Transportation
(DELDOT), who owns and operates this bascule type drawbridge, has
requested a temporary deviation from the current operating regulations
set out in 33 CFR 117.237(c) to facilitate the inspection of the
operational equipment within the structure.
    The Walnut Street Bridge, at mile 2.8, across the Christina River
in Wilmington, DE has a vertical clearance in the closed position to
vessels of 13 feet above mean high water.
    Under the regular operating schedule the bridge opens on signal as
required by 117.237(c).
    Under this temporary deviation, the Walnut Street Bridge will be
closed to vessels and will require two hours advance notice to open
each day from 8 a.m. to 5 p.m., on June 23, 2011 until July 1, 2011,
and on July 18, 2011 until July 22, 2011. At all other times, the
Walnut Street Bridge will open on signal.
    Vessels that can pass under the closed span without an opening may
do so at all times. There are no alternate routes for vessels
transiting this section of the Christina River.
    There are three vessels that travel through the bridge several
times per week whose vertical clearance surpasses the closed bridge
position, requiring an opening of the draw span. DELDOT has coordinated
this replacement work with these three waterway users and the Coast
Guard will inform the other users of the waterway through our Local and
Broadcast Notices to Mariners of the closure periods for the bridge so
that vessels can arrange their transits to minimize any impact caused
by the temporary deviation. The bridge may be delayed when opening for
an emergency during the proposed equipment inspections.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: June 23, 2011.

    By direction of the Commander.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2011-16909 Filed 7-5-11; 8:45 am]
BILLING CODE 4910-15-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget. Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ Office of Air and Radiation/ Office of Air Quality Planning and Standards 2. OMB control number b. X None a. ___ ___ ___ ___  ___ ___ ___ ___ 2060 3. Type of information collection ( check one) a. X New collection b. G Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number For b f, note item A2 of Supporting Statement instructions 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: ______/______/______ c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No 6. Requested expiration date a. X Three years from approval date b. G Other Specify: ______/______

7. Title " Reporting and Recordkeeping Requirements for Standards of Performance for New Stationary Sources: Commercial and Industrial Solid Waste Incineration ( CISWI) Units ( Subpart CCCC)".

8. Agency form number( s) ( if applicable) EPA ICR 1926.02 9. Keywords 10. Abstract. Respondents are owners or operators of CISWI units. All respondents must conduct initial and annual stack tests, establish and continuously monitor operating parameters, prepare a waste management plan, prepare a siting analysis, and conduct operator training and qualification. Reports must be submitted and records kept on site to document and support the above activities. The information will be used to ensure that the new source performance standards for commercial and industrial solid waste incineration units are being achieved on a continuous basis.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. ___ Individuals or households d.___ Farms b. _ P_ Business or other for profit e._ x_ Federal Government c. ___ Not for profit institutions f. _ x_ State, Local, or Tribal Governments 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 18 b. Total annual responses 18 1. Percentage of these responses collected electronically 0% c. Total annual hours requested 11,209 d. Current OMB inventory 0 e. Difference 11,209 f. Explanation of difference 1. Program change 11,209 2. Adjustment __________________________________ 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 13 b. Total annual costs ( O& M) 1 c. Total annualized cost requested 14 d. Current OMB inventory 0 e. Difference 14 f. Explanation of difference 1. Program change 14 2. Adjustment 15. Purpose of information collection ( Mark primary with " P" and all others that apply with " X") a. ____ Application for benefits e. ____ Program planning or management b. ____ Program evaluation f. ____ Research c. ____ General purpose statistics g. __ P_ Regulatory or compliance d. ____ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. G Third party disclosure c. X Reporting 1. G On occasion 2. G Weekly 3. G Monthly 4. G Quarterly 5. X Semi annually 6. X Annually 7. G Biennially 8. G Other ( describe) _________________

17. Statistical methods Does this information collection employ statistical methods?

G Yes X No 18. Agency contact ( person who can best answer question regarding the content of this submission)

Name: Fred Porter, U. S EPA, MD 13 Phone: ( 919) 541 5251 OMB 83 I 10/ 95 19. Certification for paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and related provisions of 5 CFR 1320.8 ( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8 ( b)( 3):

( I) Why the information is being collected;

( ii) Use of information;

( iii) Burden estimate;

( iv) Nature of response ( voluntary, required for a benefit, or mandatory);

( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective manage ment and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official Date Signature of Senior Official or designee Director, Regulatory Information Division Date OMB 83 I 10/ 95


[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24391-24392]
[FR Doc No: 2019-11061]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0370]

Safety Zones; Fireworks Displays in the Fifth Coast Guard
District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the Penn's Landing, Delaware
River, Philadelphia, PA, safety zone as described in agency regulations
on various dates from late May 2019 through the end of July 2019. This
action is necessary to ensure safety of life on the navigable waters of
the United States immediately prior to, during, and immediately after
the fireworks displays. During the enforcement periods, vessels may not
enter, remain in, or transit through the safety zones during these
enforcement periods unless authorized by the Captain of the Port or
designated Coast Guard patrol personnel on scene.

DATES: The safety zone in section (a), row (16) of the table to 33 CFR
165.506 will be enforced from 8:30 p.m. through 10:00 p.m. on each of
the following dates in 2019: May 25th, May 30th, June 29th, and July
1st (with July 2nd or July 3rd as alternate dates for inclement
weather).

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Thomas
Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
as described in section (a), row (16) of the table to 33 CFR 165.506
from 8:30 p.m. through 10:00 p.m. on each of the following dates in
2019: May 25th, May 30th, June 29th, and July 1st (with July 2nd or
July 3rd as alternate dates for inclement weather). This action is
necessary to ensure safety of life on the navigable waters of the
United States immediately prior to, during, and immediately after the
fireworks displays. Our regulation for safety zones of fireworks
displays within the Fifth Coast Guard District, table to Sec.  165.506,
section (a), row (16), specifies the location of the regulated area as
all waters of the Delaware River adjacent to Penn's Landing,
Philadelphia, PA, within 500 yards of a fireworks launch site at
approximate position latitude 39[deg]56'49'' N, longitude
075[deg]08'11'' W. As reflected in Sec.  165.506(d), vessels may not
enter, remain in, or transit through the safety zone during the
enforcement period unless authorized by the Captain of the Port or
designated Coast Guard patrol personnel on scene.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide notification of the enforcement periods
via broadcast notice to mariners.

    Dated: May 22, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-11061 Filed 5-24-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Proposed Rules]
[Pages 52599-52602]
[FR Doc No: 2011-21335]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[USCG-2011-0231]
RIN 1625-AA01

Anchorage Regulations; Wells, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish three special anchorage
areas in Wells Harbor, Wells, Maine. This proposed action is necessary
to facilitate safe navigation in that area and provide safe and secure
anchorages for vessels not more than 20 meters in length. This action
is intended to increase the safety of life and property in Wells
Harbor, improve the safety of anchored vessels, and provide for the
overall safe and efficient flow of vessel traffic and commerce.

DATES: Comments and related material must be received by the Coast
Guard on or before October 7, 2011. Requests for public meetings must
be received by the Coast Guard on or before September 13, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0231 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. John J. Mauro, Waterways Management Branch,
First Coast Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0231), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0231'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed

postcard or envelope. We will consider all comments and material
received during the comment period and may change the rule based on
your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0231'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But, you may submit a
request for one on or before September 13, 2011 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is: 33 U.S.C. 471, 1221
through 1236, 2030, 2035, 2071; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to define anchorage grounds.
    The rule is intended to reduce the risk of vessel collisions by
creating three special anchorage areas in Wells Harbor. This proposed
rule would establish special anchorage areas in the western, central
and eastern portions of Wells Harbor creating anchorage for
approximately 150 vessels.

Discussion of Proposed Rule

    The proposed rule would create three new special anchorage areas in
Wells, Maine. These three new special anchorage areas in Wells Harbor
are described below. All proposed coordinates are North American Datum
1983 (NAD 83).

Anchorage A

    All of the waters enclosed by a line beginning at latitude
43[deg]19'15.7'' N, longitude 070[deg]33'42.1'' W; thence to latitude
43[deg]19'15.7'' N, longitude 070[deg]33'40.3'' W; thence to latitude
43[deg]19'2.6'' N, longitude 070[deg]33'45.7'' W; thence to latitude
43[deg]19'3.7'' N, longitude 70[deg]33'42.6'' W; thence to the point of
beginning. This area is approximately 5,800 sq. yards, encompassing the
central portion of Wells Harbor.

Anchorage B

    All of the waters enclosed by a line beginning at latitude
43[deg]19'11.1'' N, longitude 070[deg]33'49.8'' W; thence to latitude
43[deg]19'10.5'' N, longitude 070[deg]33'47.3'' W; thence to latitude
43[deg]19'8.7'' N, longitude 070[deg]33'50.6'' W; thence to latitude
43[deg]19'8.3'' N, longitude 070[deg]33'47.3'' W; thence to the point
of beginning. This area is approximately 25,000 sq. yards, encompassing
the western portion of Wells Harbor.

Anchorage C

    All of the waters enclosed by a line beginning at latitude
43[deg]19'17.7'' N, longitude 070[deg]33'34.0'' W; thence to latitude
43[deg]19'18.4'' N, longitude 070[deg]33'32.9'' W; thence to latitude
43[deg]19'13.0'' N, longitude 070[deg]33'26.2'' W; thence to latitude
43[deg]19'13.8'' N, longitude 070[deg]33'25.5'' W; thence to the point
of beginning. This area is approximately 8,200 sq. yards, encompassing
the eastern portion of Wells Harbor.
    Vessels not more than 20 meters in length are not required to sound
signals as per Rule 35 of the Inland Navigation Rules (33 U.S.C. 2035)
nor exhibit anchor lights or shapes as per Rule 30 of the Inland
Navigation Rules (33 U.S.C. 2030) when at anchor in a special anchorage
area. Additionally, mariners utilizing the anchorage areas are
encouraged to contact local and state authorities, such as the local
harbormaster, to ensure compliance with any additional applicable state
and local laws. Such laws may involve, for example, compliance with
direction from the local harbormaster when placing or using moorings
within the anchorage.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect minimal additional cost impacts on fishing, or
recreational boats anchoring because this rule would not affect normal
surface navigation. Although this regulation may have some impact on
the public, the potential impact will be minimized for the following
reasons: Normal surface navigation will not be affected as this area
has been historically used as a mooring field by the Town of Wells and
the number of vessels using the anchorage is limited due to depth (less
than or equal to 18 feet).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of recreational and small fishing vessels intending to anchor
in Wells Harbor.
    The proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: Normal
surface navigation will not be affected as this area has been
historically used as a mooring field by the Town of Wells and the
number of vessels using the anchorage is limited due to depth (less
than or equal to 18 feet).

    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. John J. Mauro, Waterways
Management Branch, First Coast Guard District; telephone<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. We believe the proposed
rule would be categorically excluded, under figure 2-1, paragraph
(34)(f) of the Instruction because it involves the establishment of
special anchorage grounds. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule. A preliminary environmental analysis checklist is
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as
follows:

    Authority:  33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

    2. Add Sec.  110.9 to subpart A to read as follows:

Sec.  110.9  Wells Harbor, Maine.

    (a) Anchorage ``A''. All of the waters enclosed by a line beginning
at latitude 43[deg]19'15.7'' N, longitude 070[deg]'33''42.1'' W; thence
to latitude 43[deg]19'15.7'' N, longitude 070[deg]33'40.3'' W; thence
to latitude 43[deg]19'2.6'' N, longitude 070[deg]33'45.7'' W; thence to
latitude 43[deg]19'3.7'' N, longitude 70[deg]33'42.6'' W; thence to the
point of beginning. This area is approximately 5,800 sq. yards,

encompassing the central portion of Wells Harbor.
    (b) Anchorage ``B''. All of the waters enclosed by a line beginning
at latitude 43[deg]19'11.1'' N, longitude 070[deg]33'49.8'' W; thence
to latitude 43[deg]19'10.5'' N, longitude 070[deg]33'47.3'' W; thence
to latitude 43[deg]19'8.7'' N, longitude 070[deg]33'50.6'' W; thence to
latitude 43[deg]19'8.3'' N, longitude 070[deg]33'47.3'' W; thence to
the point of beginning. This area is approximately 25,000 sq. yards,
encompassing the western portion of Wells Harbor.
    (c) Anchorage ``C''. All of the waters enclosed by a line beginning
at latitude 43[deg]19'17.7'' N, longitude 070[deg]33'34.0'' W; thence
to latitude 43[deg]19'18.4'' N, longitude 070[deg]33'32.9'' W; thence
to latitude 43[deg]19'13.0'' N, longitude 070[deg]33'26.2'' W; thence
to latitude 43[deg]19'13.8'' N, longitude 070[deg]33'25.5'' W; thence
to the point of beginning. This area is approximately 8,200 sq. yards,
encompassing the eastern portion of Wells Harbor.
    (d) Regulations: This area is principally for use by yachts and
other recreational craft. Temporary floats or buoys for marking anchors
or moorings in place are allowed in this area. Fixed mooring piles or
stakes are not allowed. All moorings or anchors shall be placed well
within the anchorage areas so that no portion of the hull or rigging
will at any time extend outside of the anchorage.

    Note:  All anchoring in the areas is under the supervision of
the Wells Harbor Master or other such authority as may be designated
by the authorities of the Town of Wells, Maine. All coordinates
referenced use datum: NAD 83.

    Dated: Aug. 9, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-21335 Filed 8-22-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46826-46828]
[DOCID:fr11se09-96]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60622; File No. SR-NYSEAmex-2009-59]

 Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
of Proposed Rule Change Amending NYSE Amex Options Rule 915

September 3, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 19, 2009, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to revise NYSE Amex Rule 915 to amend the
definition of Futures-Linked Securities for the trading of options on
Index-Linked Securities. The text of the proposed rule change is
attached as Exhibit 5 to the 19b-4 form. A copy of this filing is
available on the Exchange's Web site at www.nyse.com, at the Exchange's
principal office and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Amex Rule 915, Commentary .11 designates the listing and
trading of options on equity index-linked securities (``Equity Index-
Linked Securities''), commodity-linked securities (``Commodity-Linked
Securities''), currency-linked securities (``Currency-Linked
Securities''), fixed income index-linked securities (``Fixed Income
Index-Linked Securities''), futures-linked securities (``Futures-Linked
Securities'') and multifactor index-linked securities (``Multifactor
Index-Linked Securities''), collectively known as ``Index-Linked
Securities'' (as defined in NYSE Amex Company Guide Section 107(H))
that are principally traded on a national securities exchange and an
``NMS Stock'' (as defined in Rule 600 of Regulation NMS under the

Securities and Exchange Act of 1934). The Exchange proposes to amend
the definition of Futures-Linked Securities for the trading of options
on Index-Linked Securities to include products linked to CBOE
Volatility Index (VIX) Futures. This proposal is substantially similar
to the previously approved NYSE Arca Equities Rule 5.2(j)(6)(v).\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 34-58968 (November
17, 2008), 73 FR 64647 (SR-NYSEArca-2008-111).
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to add the CBOE Volatility
Index (VIX) Futures to the definition of a Futures Reference Asset in
NYSE Amex Rule 915 Commentary .11(5).
    Index-Linked Securities are designed for investors who desire to
participate in a specific market segment by providing exposure to one
or more identifiable underlying securities, commodities, currencies,
derivative instruments or market indexes of the foregoing (``Underlying
Index'' or ``Underlying Indexes''). Index-Linked Securities are the
non-convertible debt of an issuer that have a term of at least one (1)
year but not greater than thirty (30) years. Despite the fact that
Index-Linked Securities are linked to an underlying index, each trade
as a single, exchange-listed security. Accordingly, rules pertaining to
the listing and trading of standard equity options apply to Index-
Linked Securities.
    Currently, the Exchange will consider listing and trading options
on Index-Linked Securities provided the Index-Linked Securities meet
the criteria for underlying securities set forth in Rule 915 Commentary
.01.
    Index-Linked Securities must meet the criteria and guidelines for
underlying securities set forth in Rule 915 Commentary .01; or the
Index-Linked Securities must be redeemable at the option of the holder
at least on a weekly basis through the issuer at a price related to the
applicable underlying Reference Asset.\5\ In addition, the issuing
company is obligated to issue or repurchase the securities in
aggregation units for cash or cash equivalents satisfactory to the
issuer of Index-Linked Securities which underlie the option as
described in the Index-Linked Securities prospectus.
---------------------------------------------------------------------------

    \5\ For the purposes of Rule 915 Commentary .11, Equity
Reference Assets, Commodity Reference Assets, Currency Reference
Assets, Fixed Income Reference Assets, Futures Reference Assets and
Combination Reference Assets, will be collectively referred to as
``Reference Assets'', as defined in ``Reference Asset'' as defined
in Sections 107D, 107E, 107F, 107G, 107H and 107I, respectively, of
the NYSE Amex Options Company Guide.
---------------------------------------------------------------------------

    Options on Index-Linked Securities will continue to be subject to
all Exchange rules governing the trading of equity options. The current
continuing or maintenance listing standards for options traded on NYSE
Amex will continue to apply.
The VIX
    The information in this filing relating to the VIX was taken from
the Web site of the Chicago Board Options Exchange (the ``CBOE'').
    The VIX was originally developed by the CBOE in 1993 and was
calculated using S&P 100[reg] Index options. The current methodology
for the VIX was introduced by the CBOE in September 2003 and it is now
an index that uses the quotes of certain S&P 500[reg] Index (``SPX'')
option series to derive a measure of the volatility of the U.S. equity
market. The VIX measures market expectations of near term volatility
conveyed by the prices of options on the SPX. It provides investors
with up-to-the-minute market estimates of expected stock market
volatility over the next 30 calendar days by extracting implied
volatilities from real-time index option bid/ask quotes.
VIX Futures
    Information regarding VIX Futures can be found on the Web site of
the CBOE Futures Exchange (the ``CFE'').
    The CFE began listing and trading VIX Futures since March 26, 2004
under the ticker symbol VX. VIX Futures trade between the hours of 8:30
a.m.-3:15 p.m. Central Time (Chicago Time).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \6\ of the Securities Exchange Act of 1934 (``Act'')
in general, and furthers the objectives of Section 6(b)(5) \7\ in
particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms 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
proposed rules applicable to trading pursuant to generic listing and
trading criteria, together with the Exchange's surveillance procedures
applicable to trading in the securities covered by the proposed rules,
serve to foster investor protection.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2009-59 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-NYSEAmex-2009-59. 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, 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 Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. 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-NYSEAmex-2009-59 and should be submitted on or before
October 2, 2009.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21887 Filed 9-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80952-80953]
[FR Doc No: 2011-33108]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Request for Nominations for Voting Members on a Public Advisory
Committee; Food Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is requesting
nominations for members with expertise in epidemiology, pediatric
development, and analytical chemistry or food science to serve on the
Food Advisory Committee, Center for Food Safety and Applied Nutrition,
Office of Regulations, Policy, and Social Sciences.
    FDA has a special interest in ensuring that women, minority groups,
and individuals with disabilities are adequately represented on
advisory committees and, therefore, encourages nominations of qualified
candidates from these groups.

DATES: Nominations received on or before February 27, 2012 will be
given first consideration for membership on the Food Advisory
Committee. Nominations received after February 27, 2012 will be
considered for nomination to the committee if nominees are still
needed.

ADDRESSES: All nominations for membership should be sent electronically
to<EMAIL_ADDRESS>or by mail to Advisory Committee Oversight and
Management Staff, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 32, rm. 5103, Silver Spring, MD 20993-0002.

FOR FURTHER INFORMATION CONTACT: Regarding all nomination questions for
membership, the primary contact is: Carolyn Jeletic, Office of
Regulations, Policy, and Social Sciences, Center of Food Safety and
Applied Nutrition (HFS-024), Food and Drug Administration, 5100 Paint
Branch Ave., College Park, MD 20740,<PHONE_NUMBER>, FAX: (301) 436-
2657<EMAIL_ADDRESS>    Information about becoming a member on an FDA advisory committee
can also be obtained by visiting FDA's Web site by using the following
link: http://www.fda.gov/AdvisoryCommittees/default.htm.

SUPPLEMENTARY INFORMATION: FDA is requesting nomination for voting
members on the Food Advisory Committee.

I. General Description of the Committee Duties

    The Food Advisory Committee (the Committee) provides advice to the
Commissioner of Food and Drugs (the Commissioner) and other appropriate
officials, on emerging food safety, food science, nutrition, and other
food-related health issues that FDA considers of primary importance for
its food and cosmetics programs.
    The Committee may be charged with reviewing and evaluating
available data and making recommendations on matters such as those
relating to: (1) Broad scientific and technical food- or cosmetic-
related issues, (2) the safety of new foods and food ingredients, (3)
labeling of foods and cosmetics, (4) nutrient needs and nutritional
adequacy, and (5) safe exposure limits for food contaminants.
    The Committee may also be asked to provide advice and make
recommendations on ways of communicating to the public the potential
risks associated with these

issues and on approaches that might be considered for addressing the
issues.

II. Criteria for Voting Members

    Members and the Chair are selected by the Commissioner or designee
from among individuals knowledgeable in the fields of physical
sciences, biological and life science, food science, risk assessment,
nutrition, food technology, molecular biology, and other relevant
scientific and technical disciplines.
    Members will be invited to serve for terms of up to 4 years. The
Committee consists of 17 standing members; of that 15 are voting
members, of whom 2 are technically qualified members identified with
consumer interest. In addition to the voting members the Committee has
2 nonvoting members who are identified with industry interests.

III. Nomination Procedures

    Any interested person may nominate one or more qualified
individuals for membership on the advisory committee. Self-nominations
are also accepted. Nominations must include a current, complete
r[eacute]sum[eacute] or curriculum vitae for each nominee, including
current business address and/or home address, telephone number, and
email address if available. Nominations must also specify the advisory
committee for which the nominee recommended. Nominations must also
acknowledge that the nominee is aware of the nomination unless self-
nominated. FDA will ask potential candidates to provide detailed
information concerning such matters related to financial holdings,
employment, and research grants and/or contracts to permit evaluation
of possible sources of conflicts of interest.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: December 20, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-33108 Filed 12-23-11; 8:45 am]
BILLING CODE 4160-01-P