[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]
[Page 34109-34110]
[DOCID:fr16jn10-53]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0981; FRL-9162-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Motor Vehicle and Engine
Compliance Program Fees (Renewal); EPA ICR No. 2080.04, OMB Control No.
2060-0545

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 that 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. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before July 16, 2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2009-0981, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Air and Radiation Docket, Mailcode 28221T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
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: Lynn Sohacki, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Environmental Protection Agency, 2000 Traverwood, Ann Arbor,
Michigan 48105; telephone number:<PHONE_NUMBER>; fax number: 734-214-
4869; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On January 22, 2010 (75 FR 3723), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. 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-OAR-2009-0981, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air 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 Air 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 ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://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 http://
www.regulations.gov.
    Title: Motor Vehicle and Engine Compliance Program Fees (Renewal).
    ICR numbers: EPA ICR No. 2080.04, OMB Control No. 2060-0545.
    ICR Status: This ICR is scheduled to expire on July 31, 2010. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. 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 are 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: EPA charges user fees for administering its vehicle and
engine certification programs. In 2004 the fees were extended to
include certification applications for recently regulated categories of
off-road vehicles and engines. In 2008 the fees program was further
expanded to include fees for certification of evaporative system
components (primarily fuel lines and fuel tanks). Manufacturers and
importers of covered vehicles, engines, and components are required to
pay the applicable certification fee prior to their certification
applications being reviewed. This involves submitting payments along
with a filing form identifying the family to be covered by the fee.
There are also correction and refund forms. This ICR estimates the
paperwork burden of submitting these fees and associated forms. This
information collection covers the entire certification fees program,
both on-road and off-road.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.31
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize 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 which have subsequently changed; 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 the information.
    Respondents/Affected Entities: Manufacturers or importers of
passenger cars, motorcycles, light trucks, heavy duty truck engines,
non-road vehicles or engines, and evaporative emissions components
required to receive a certificate of conformity from EPA prior to
selling or introducing these products into commerce in the U.S.
    Estimated Number of Respondents: 495.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 1,207.
    Estimated Total Annual Cost: $100,577, including $19,739 for
maintenance or operational costs.
    Changes in the Estimates: There is an increase of 512 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This cost estimate makes the same cost
assumptions as the previous renewal. The increase is due entirely to
the increase in the number of forms received, based on actual counts of
fee forms received.

    Dated: June 10, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-14513 Filed 6-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Rules and Regulations]
[Pages 71697-71699]
[FR Doc No: 2012-29187]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0971]
RIN 1625-AA08

Safety Zone; Overhead Cable Replacement, Maumee River, Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Safety Zone on the
waters of Maumee River, Toledo, Ohio, from 8:30 a.m. on November 27,
2012 until 6:30 p.m. on December 7, 2012. This safety zone will
encompass all waters of Maumee River starting from the CSX Railroad
Bridge at River Mile Marker 1.07 and ending 700 feet downriver from the
CSX Railroad Bridge. This temporary Safety Zone is necessary to protect
persons operating in the area.

DATES: This temporary final rule is effective December 4, 2012. This
rule has been enforced with actual notice since November 27, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0971. To view documents mentioned in this preamble as being
available in the docket, go http://www.regulations.gov, type the docket
number in the ``SEARCH'' box and click ``SEARCH.'' You may visit the
Docket Management Facility, 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
temporary rule, call or email MST1 Kevin Biami, Marine Safety Unit
Toledo, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On October 18, 2012, the Coast Guard established a temporary final
rule (TFR) entitled Safety Zone; Overhead Cable Replacement, Maumee
River, Toledo, OH (docket number USCG-2012-0948) in support of the
replacement of electrical cables suspended over the Maumee River. To
coincide with the expected schedule of the cable replacement project,
that TFR was effective from 9:30 a.m. on October 23, 2012 until 3 p.m.
on October 26, 2012. However, due to an equipment failure, an
unforeseen breakage of one of the electrical cables and inclement
weather conditions, the contractor had requested an extension of the
safety zone, and a subsequent TFR was established on October 26, 2012,
extending the safety zone from 9:30 a.m. on October 27, 2012 until 3
p.m. on November 2, 2012. Due to the effects of Hurricane Sandy, the
contractor was unable to complete the operation and has requested that
a new safety zone be established from 8:30 a.m. on November 27, 2012
until 6:30 p.m. on December 7, 2012.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this stage of
the operation were not known to the Coast Guard until there was
insufficient time remaining before the operation to publish an NPRM.
Thus, delaying the effective date of this rule to wait for a comment
period to run would be both impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the public from the hazards associated with this Coast Guard operation.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Waiting for a 30 day effective
period to run is impracticable and

contrary to the public interest for the same reasons discussed in the
preceding paragraph.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    First Energy/Toledo Edison is replacing three overhead power cables
that span across the Maumee River near the CSX Railroad Bridge on the
Maumee River. All work will be near the CSX Railroad Bridge on the
downriver side. The Captain of the Port Detroit has determined that
this stage of the operation continues to pose certain public hazards,
including possible entanglement of the power lines in a vessel's
propellers if the power lines are dropped onto the Maumee River during
the operation.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port
Detroit has determined that a safety zone is necessary to ensure the
safety of participants and vessels during the operation. The temporary
safety zone is established herein will be enforced from 8:30 a.m. on
November 27, 2012 until 6:30 p.m. on December 7, 2012, and will be
enforced from 8:30 a.m. until 6:30 p.m. on each day of this period.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Detroit
or his designated on scene representative. The Captain of the Port,
Sector Detroit or his designated on scene representative may be
contacted via VHF Channel 16. All persons and vessels shall comply with
the instructions of the Coast Guard Captain of the Port, designated on
scene patrol personnel, or operation personnel.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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, Improving Regulation and
Regulatory Review, 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 these Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for relatively short time. Although the requesting organization, First
Energy/Toledo Edison, is requesting a ten hour block each day for up to
eleven days, First Energy/Toledo Edison estimates that the safety zone
will only need to be active for forty minutes to three hours on each
day. Also, the safety zone is designed to minimize its impact on
navigable waters. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit through the Maumee River, OH between 8:30 a.m. and
6:30 p.m. on November 27th, 28th, 29th, 30th, and December 1st, 2nd,
3rd, 4th, 5th, 6th and 7th 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule is expected to be in effect for only approximately forty minutes
to three hours each day. In the event that this temporary safety zone
affects shipping, commercial vessels may request permission from the
Captain of the Port, Sector Detroit to transit through the safety zone.
The Coast Guard will give notice to the public via a Broadcast Notice
to Mariners that the regulation is in effect.

3. 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 rule so that they can better evaluate
its effects on them. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. 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 rule

will not result in such an expenditure, we do discuss the effects of
this rule elsewhere in this preamble.

7. Taking of Private Property

    This rule will 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.

8. Civil Justice Reform

    This 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.

9. Protection of Children

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

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this 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
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule involves a temporary safety zone and, therefore
it is categorically excluded from further review under paragraph
(34)(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0971 as follows:

Sec.  165.T09-0971  Safety Zone; Overhead Cable Replacement, Maumee
River, Toledo, OH.

    (a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of the Maumee River, Toledo, OH, starting from
the CSX Railroad Bridge at River Mile Marker 1.07 and ending 700 feet
down river from the CSX Railroad Bridge.
    (b) Effective and enforcement period. This regulation will be
enforced from 8:30 a.m. on November 27, 2012 until 6:30 p.m. on
December 7, 2012. This regulation will be enforced from 8:30 a.m. until
6:30 p.m. on each day of this period.
    (c) Definitions. The following definitions apply to this section:
    (1) ``On-scene Representative'' means any Coast Guard Commissioned,
warrant, or petty officer designated by the Captain of the Port Detroit
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
    (2) ``Public vessel'' means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, excepted as
may be permitted by the Captain of the Port Detroit or his designated
representative. All persons and vessels must comply with the
instructions of the Coast Guard Captain of the Port or his designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
    (3) All vessels must obtain permission from the Captain of the Port
or his designated representative to enter, move within, or exit the
safety zone established in this section when this safety zone is
enforced. Vessels and persons granted permission to enter the safety
zone must obey all lawful orders or directions of the Captain of the
Port or a designated representative. While within a safety zone, all
vessels must operate at the minimum speed necessary to maintain a safe
course.
    (e) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port Detroit or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
    (g) Notification. The Captain of the Port Detroit will notify the
public that the safety zones in this section are or will be enforced by
all appropriate means to the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include, but are
not limited to Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will issue a Broadcast Notice to
Mariners notifying the public when enforcement of the safety zone is
cancelled.

    Dated: November 21, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2012-29187 Filed 12-3-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Notices]
[Pages 56724-56732]
[FR Doc No: 2022-19915]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95723; File No. SR-NSCC-2022-012]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change To Make a Number of Clarifications and Enhancements to
NSCC's Rules & Procedures

September 9, 2022.
    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 September 1, 2022, National Securities Clearing Corporation
(``NSCC'') 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 clearing agency.
NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of amendments to NSCC's Rules &
Procedures (``Rules'') in order to make a number of clarifications and
enhancements to the Rules. Specifically, the proposed rule change would
(i) clarify the confidential treatment of non-public information
provided by participants to NSCC as part of ongoing membership
requirements; (ii) remove outdated rules and procedures related to the
maintenance of Sponsored Accounts; (iii) update NSCC's rules concerning
the acceptance and reliance upon instructions provided by its members;
(iv) modify certain rules and procedures related to the DTCC Limit
Monitoring Risk Management Tool; (v) remove rules, procedures, fees,
and addenda related to the inactive Global Clearance Network Service;
(vi) remove rules and fees related to the inactive International Link
Service; (vii) clarify certain CNS Accounting Operation procedures;
(viii) consolidate rules concerning the imposition of fines; (ix)
clarify rules concerning admission to NSCC's premises; (x) remove
reference to certain special services no longer provided by NSCC; and
(xi) modify procedures concerning two-sided trade data received from
service bureaus. NSCC is filing the proposed rule change for immediate
effectiveness pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule
19b-4(f)(6) thereunder,\6\ and as described in greater detail below.\7\
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6).
    \7\ Capitalized terms not defined herein are defined in the
Rules, available at http://dtcc.com/~/media/Files/Downloads/legal/
rules/nscc_rules.pdf.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change consists of modifications to NSCC's Rules
to (i) clarify the confidential treatment of non-public information
provided by participants to NSCC as part of ongoing membership
requirements; (ii) remove outdated rules and procedures related to the
maintenance of Sponsored Accounts; (iii) update NSCC's rules concerning
the acceptance and reliance upon instructions provided by its members;
(iv) modify certain rules and procedures related to the DTCC Limit
Monitoring Risk Management Tool; (v) remove rules, procedures, fees,
and addenda related to the inactive Global Clearance Network Service;
(vi) remove rules and fees related to the inactive International Link
Service; (vii) clarify certain CNS Accounting Operation procedures;
(viii) consolidate rules concerning the imposition of fines; (ix)
clarify rules concerning admission to NSCC's premises; (x) remove
reference to certain special services no longer provided by NSCC; and
(xi) modify procedures concerning two-sided trade data received from
service bureaus. The proposed changes are discussed in detail below.

(i) Non-Public Information Provided to NSCC
    NSCC recently adopted a proposed rule change to, among other
things, revise certain provisions in the Rules relating to the
confidentiality of information furnished by applicants, Members, and
Limited Members (collectively, ``participants'') to NSCC.\8\
Specifically, the proposed rule change amended Section 1.C. of Rule 2A
(concerning membership application documents) and Section 3 of Rule 15
(concerning the examination and provision of adequate assurance of the
financial responsibility and operational capability of participants) to
state that ``[a]ny non-public information furnished to the Corporation
pursuant to this Rule shall be held in confidence as may be required
under the laws, rules and regulations applicable to the Corporation
that relate to the confidentiality of records.'' The proposed rule
change was intended to provide one standard that NSCC would apply
uniformly to all participants, which assures participants that such
information would be held in confidence with appropriate control.
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    \8\ See Securities Exchange Act Release No. 93278 (October 8,
2021), 86 FR 57229 (October 14, 2021) (SR-NSCC-2021-007).
---------------------------------------------------------------------------

    In addition to the requirements above, Section 2 of Rule 2B
requires that participants submit to NSCC certain reports and
information as part of their ongoing membership requirements and
monitoring. Some of the reporting required by Section 2 of Rule 2B
includes non-public information of participants. NSCC proposes to add
conforming language to Rule 2B to clarify the confidential treatment of
such information consistent with the requirements of Section 1.C. of
Rule 2A and Section 3 of Rule 15. Specifically, NSCC proposes to amend
Section 2.A. of Rule 2B to state that ``[a]ny non-public information
furnished to the Corporation pursuant to this Rule shall be held in
confidence as may be required under the laws, rules and regulations
applicable to the Corporation that relate to the confidentiality of
records.'' Non-public information may include certain reports, opinions
and tax and cybersecurity confirmations as required by the Rules and
any material non-public information or other information and data that
NSCC reasonably determines is not made available to the public. The
proposed change would further NSCC's goal of setting forth one
consistent standard that NSCC would apply uniformly to all
participants, which assures participants that such information would be
held in confidence with appropriate control.
(ii) Sponsored Accounts
    NSCC's Rules refer to certain circumstances under which it has the
discretionary authority to maintain Sponsored Accounts for its Members
at The Depository Trust Company (``DTC''). NSCC Rule 29 provides that
each Member shall be a participant in a Qualified Securities Depository
(i.e., DTC), and if at any time a Member is not a participant of a
Qualified Securities Depository, NSCC may cease to act for such Member
pursuant to Rule 46. Rule 29 further provides that, during the interim
between the time that such Member is no longer a participant in a
Qualified Securities Depository and the time that NSCC ceases to act
for the Member, such Member shall be required to effect securities
settlement by physical delivery or in the discretion of NSCC through a
Sponsored Account. Rule 46 also provides that NSCC may require a
participant to effect securities settlement through a Sponsored
Account, rather than through its own depository account, as part of a
suspension or prohibition/limitation on a participant's access to
services.
    In addition, Procedure IX.B. provides procedures for the
maintenance of Sponsored Accounts, including for Members that may
choose not to maintain direct membership in a Qualified Securities
Depository. Pursuant to this procedure, each Member would be assigned a
Qualified Securities Depository account number and use that account as
if it were a direct participant of the Qualified Securities Depository;
however, the account would be maintained under the jurisdiction of
NSCC, which would be solely responsible for all liabilities arising
from the use of the account including the payment of fees to the
Qualified Securities Depository. NSCC Rule 4 also contains several
footnotes concerning the treatment of Clearing Fund deposits for such
Sponsored Accounts. Section 7 of Rule 4 further provides, in part, that
NSCC may retain for up to two (2) years the Actual Deposits from
Members who have Sponsored Accounts at DTC.
    As a practical matter, NSCC does not currently maintain any
Sponsored Accounts or plan to utilize Sponsored Accounts in the
foreseeable future. NSCC does not believe there would be a plausible
scenario in which it would continue to act for a Member and sponsor an
account at DTC to settle for a Member whose participation at DTC has
been terminated (whether voluntarily or through DTC ceasing to act for
the participant). In the event that an NSCC Member was no longer an
active participant of DTC, NSCC would cease to act for such Member
pursuant to its authority under Rule 29 and implement the close-out
procedures contemplated in Rule 18 and related NSCC policies and
procedures (which do not currently contemplate the use of Sponsored
Accounts). NSCC therefore proposes to revise the last sentence of Rule
29 to delete the reference to the discretionary use of Sponsored
Accounts in a cease to act scenario and revise Rule 46 to remove
references to NSCC's authority to require a participant to effect
securities settlement through a Sponsored Account, rather than through
its own depository account, as part of a suspension or prohibition/
limitation of a participant's access to services.
    NSCC also proposes to delete Procedure IX.B. concerning the
procedures for maintaining Sponsored Accounts for Members that choose
not to maintain direct membership in a Qualified Securities Depository.
As noted above, NSCC Rule 29 provides that each Member shall be a
participant in a Qualified Securities Depository, and all current NSCC
Members are participants of DTC. NSCC does not currently provide
Sponsored Accounts for any of its Members and does not have plans to
provide any new Sponsored Accounts at this time.\9\ NSCC would also
make conforming changes to Rule 4 to remove certain statements and
footnotes discussed above regarding the collection and maintenance of
Clearing Fund deposits for Sponsored Accounts, as these Rules would no
longer be applicable in the absence of any Sponsored Accounts.
---------------------------------------------------------------------------

    \9\ NSCC believes that its last Sponsored Account may have been
retired in 2011.
---------------------------------------------------------------------------

    NSCC believes that removing rules and procedures related to
inactive services and operations would improve the accuracy and clarity
of its rules. Moreover, NSCC believes that removing Rules concerning
inactive Sponsored Account services would avoid potential confusion
with the sponsored membership program for NSCC's Securities Financing
Transaction Clearing Service.\10\ If NSCC would choose to offer
Sponsored Accounts or a similar arrangement at some point in the
future, NSCC would reevaluate the rules, procedures and operational

processes necessary to provide such a service and would file any
necessary proposed rule changes to effectuate the change.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 95011 (May 31,
2022), 87 FR 34339 (June 6, 2022) (SR-NSCC-2022-003). NSCC also
filed the Securities Financing Transaction Clearing Service proposal
as an advance notice. See Securities Exchange Act Release No. 94998
(May 27, 2022), 87 FR 33528 (June 2, 2022) (SR-NSCC-2022-801).
---------------------------------------------------------------------------

(iii) Reliance on Instructions
    NSCC Rule 39 provides, in part, that NSCC may accept or rely upon
any instruction given by a participant, including wire transmission,
physical delivery or delivery by other means of instructions recorded
on magnetic tape or other media or of facsimile copies of instructions,
in form acceptable to NSCC and that NSCC will not act upon any
instruction purporting to have been given by a participant which is
received by wire transmission or in the form of facsimile copies or
magnetic tape or media other than written instructions.
    NSCC proposes to revise Rule 39 to remove specific examples of
methods of transmission of instructions to NSCC and instead provide
that NSCC may accept or rely upon any instruction given in any form
acceptable to the Corporation and in accordance with the Procedures.
The proposed rule change is intended to remove outdated methods of
submitting instructions (such as magnetic tape and facsimile copies)
from the Rules and provide flexibility to accommodate alternative and
evolving methods of submitting instructions to NSCC. NSCC believes the
proposed change would promote the ongoing accuracy and clarity of its
rules regarding the transmission of instructions to NSCC.
(iv) DTCC Limit Monitoring Risk Management Tool
Background--DTCC Limit Monitoring
    NSCC provides its Members with a risk management tool called DTCC
Limit Monitoring, which enables Members to monitor trading activity on
an intraday basis of their organizations and/or their correspondent
firms through review of post-trade data.\11\ DTCC Limit Monitoring was
implemented in 2014 in connection with industry-wide efforts to develop
tools and strategies to mitigate and address the risks associated with
the increasingly complex, interconnected, and automated market
technology (such risks include, but are not limited to, trade input
errors, software or trading algorithm errors, and inadequate controls
for automated processes). Through this tool, NSCC Members can monitor
trading activity against limits that they have pre-set and can review
notifications that are delivered when these pre-set limits are being
approached and when they are reached. The limit monitoring tool is
intended to supplement Members' existing internal risk management
processes. Any actions Members determine to take in response to these
alerts is their responsibility and is taken away from NSCC. DTCC Limit
Monitoring is primarily discussed in NSCC Rule 54 and Procedure XVII.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release Nos. 71637 (February
28, 2014), 79 FR 12708 (March 6, 2014) (File No. SR-NSCC-2013-12)
and 77990 (June 3, 2016), 81 FR 37229 (June 9, 2016) (File No. SR-
NSCC-2016-001).
---------------------------------------------------------------------------

    DTCC Limit Monitoring is available to all NSCC Members; however,
Rule 54 requires certain categories of Members to register for the DTCC
Limit Monitoring tool. This requirement applies to: (1) any Member that
clears trades for others; (2) any Member that submits transactions to
NSCC's trade capture system either as a Qualified Special
Representative (``QSR'') or Special Representative, pursuant to
Procedure IV (Special Representative Service); and (3) any Member that
has established a 9A/9B relationship in order to allow another Member
(either a QSR or Special Representative) to submit locked in trade data
on its behalf. In addition, Procedure XVII requires, among other
things, that Members registered for DTCC Limit Monitoring create and
establish Risk Entities,\12\ designate parameters to associate with
each Risk Entity from certain parameter types that are established or
permitted by NSCC from time to time, review reports and alerts on an
on-going basis and, as necessary, modify established parameters to
reflect current trading activities within each of their Risk Entities,
and identify primary and secondary contacts within their firm for DTCC
Limit Monitoring.
---------------------------------------------------------------------------

    \12\ ``Risk Entities'' are defined by each Member using
filtering criteria to focus on activity it seeks to monitor through
the risk management tool, including that of its correspondents, or
other entities or groups for which LM Trade Date Data is processed
through the Members' account, including relating to subgroups within
its own business.
---------------------------------------------------------------------------

Proposed Changes to DTCC Limit Monitoring
    NSCC proposes to revise Rule 54 and Procedure XVII to eliminate the
requirement that certain specified Members register for the DTCC Limit
Monitoring tool (i.e., those Members that clear trades for others,
submit transactions to NSCC's trade capture system either as a QSR or
Special Representative, or have established a 9A/9B relationship in
order to allow another Member (either a QSR or Special Representative)
to submit locked in trade data on its behalf). NSCC would also make
conforming changes to Procedure XVII to reflect that Members may, but
are not required to, create and establish Risk Entities, designate
parameters to associate with each Risk Entity, review reports and
alerts on an on-going basis and, as necessary, modify established
parameters to reflect current trading activities within each of their
Risk Entities, and identify primary and secondary contacts within their
firm for DTCC Limit Monitoring. NSCC would continue to offer the DTCC
Limit Monitoring tool to all Members on an optional basis but would no
longer require that any particular type of Member register for the
tool.
    As noted above, DTCC Limit Monitoring was developed as part of a
broader industry-wide effort to develop tools and strategies to
mitigate and address trading risks. Since the implementation of DTCC
Limit Monitoring in 2014, U.S. equity exchanges have also implemented
risk controls to mitigate risks inherent with direct exchange
transaction flow (such controls include, but are not limited to, credit
limits, single order limits, and kill switch functionality).\13\ These
exchange risk controls are optional risk management tools made
available to exchange members to assist them in monitoring and managing
their risks. DTCC Limit Monitoring is intended to supplement, and not
replace, a Member's own internal systems and procedures or other tools,
such as exchange pre-trade risk controls, available to the Member for
managing its risks. NSCC also notes that while certain Members are
currently required to register for DTCC Limit Monitoring, NSCC does not
require Members to take any particular action(s) based on the output of
the limit monitoring tool and any actions Members determine to take in
response to these alerts is their responsibility and is taken away from
NSCC. Moreover, NSCC does not use the DTCC Limit Monitoring tool for
internal risk management purposes. NSCC therefore believes that
providing DTCC Limit Monitoring on an optional basis is appropriate and
consistent with industry practice and would not impact NSCC's own risk
management practices.
---------------------------------------------------------------------------

    \13\ See, e.g., Securities Exchange Act Release Nos. 88599
(April 8, 2020) 85 FR 20793 (April 14, 2020) (File No. SR-CboeBZX-
2020-006); 88776 (April 29, 2020), 85 FR 26768 (May 5, 2020) (File
No. SR-NYSE-2020-17); 88904 (May 19, 2020) 85 FR 31560 (May 26,
2020) (File No. SR-NYSEArca-2020-43); 89225 (July 6, 2020), 85 FR
41650 (July 10, 2020) (File No. SR-NASDAQ-2020-034).
---------------------------------------------------------------------------

(v) Global Clearance Network Service
    NSCC Rule 62 and Addendum U discuss the Global Clearance Network
Service (``GCN Service''), which was a foreign clearing, settlement,
and custody

service provided by NSCC in conjunction with banks, trust companies and
other entities to any Member that is qualified to be a customer of the
bank, trust company or other entity. The GCN Service was previously
offered by the International Securities Clearing Corporation
(``ISCC''), which was a wholly owned subsidiary of NSCC. ISCC
ultimately transferred its core settlement services, including the GCN
Service, to NSCC and withdrew from registration as a clearing
agency.\14\
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release Nos. 42273, (December
27, 1999), 65 FR 311 (January 4, 2000) (File No. SR-NSCC-99-12) and
42274 (December 27, 1999) 65 FR 311 (January 4, 2000) (File No. SR-
ISCC-99-01).
---------------------------------------------------------------------------

    The GCN Service is a dormant service that is no longer utilized by
NSCC's Members. NSCC therefore proposes to delete Rule 62 and Addendum
U and any related fees for the GCN Service in Addendum A. NSCC believes
that removing rules, procedures, and fees for this inactive service
would improve the accuracy and clarity of the Rules. In the event NSCC
would choose to resume offering these services, NSCC would reevaluate
the rules, procedures and operational processes necessary to provide
such services and would file any necessary proposed rule changes to
effectuate the change.
(vi) International Links
    NSCC Rule 61 discusses the establishment of links and the provision
of certain services to Foreign Financial Institutions, including the
International Link Service (``ILS''). ILS, like the GCN Service, was a
service provided by ISCC. ISCC previously sponsored accounts at DTC for
the purpose of providing Foreign Financial Institutions with custody
services for their U.S. securities. ISCC transferred the ILS service,
along with the GCN Service, to NSCC when it withdrew from registration
as a clearing agency.\15\
---------------------------------------------------------------------------

    \15\ See id.
---------------------------------------------------------------------------

    Rule 61 currently provides, in part, that to the extent NSCC
provides access to a Qualified Security Depository (i.e., DTC) to a
Foreign Financial Institution, the Foreign Financial Institution would
be required to collateralize its settlement obligations to NSCC on such
terms and by such means as agreed to between NSCC and the Foreign
Financial Institution. NSCC does not currently sponsor accounts or
otherwise provide Foreign Financial Institutions access to DTC. Foreign
Financial Institutions that are participants of NSCC and that wish to
access the services of DTC maintain direct participation at DTC. NSCC
therefore proposes to delete this sentence of Rule 61 to improve the
accuracy and clarity of the Rules. NSCC would also remove any fees
related to ILS from Addendum A of the Rules. In the event NSCC would
choose to resume offering these services, NSCC would reevaluate the
rules, procedures and operational processes necessary to provide such
services and would file any necessary proposed rule changes to
effectuate the change.
(vii) CNS Accounting Operation Procedures
CNS Delivery Exemptions
    Section D of Procedure VII describes the procedures for controlling
deliveries to CNS, including the process by which Members may submit
instructions to NSCC to indicate which short positions they do not wish
to settle and should be exempt from delivery. CNS provides for two
levels of Exemption. Level 1 Exemptions allow a Member to designate
that a portion of its short positions should not be automatically
settled against its current Designated Depository position or against
any securities which may be received into its Designated Depository
account as a result of other depository activity. Level 2 Exemptions
allow a Member to designate that a portion of its short positions
should not be automatically settled against its current depository
position, but that such a position may be satisfied by certain types of
``qualified'' activity in its Designated Depository account. Section
D.2(b) of Procedure VII discusses the four types of qualified activity,
which allow short positions carrying Level 2 Exemptions to be settled.
The list of qualified activity currently includes, among other things,
``Receipts from Member's Sub-Account,'' which provides that, as a
result of CNS sub-accounting, a Member may have a long position in a
given security in one CNS account and a short position in the same
security in another CNS account, and since both CNS accounts settle
against a single Designated Depository Account, the Member may receive
securities from itself.\16\
---------------------------------------------------------------------------

    \16\ See Section D.2(b)(iv) of Procedure VII of the Rules, supra
note 7.
---------------------------------------------------------------------------

    As noted above, Section D of Procedure VII is intended to describe
certain Member rights and obligations associated with the delivery of
securities to CNS. Section D.2. of the procedure specifically discusses
the process by which Members submit instructions to indicate which
short positions should be exempt from delivery and which types of
qualified activity allow short positions carrying Level 2 Exemptions to
be delivered and settled. Section D.2(b)(iv), however, discusses a
hypothetical scenario under which a Member may receive securities,
which is unrelated and not relevant to the delivery of securities to
CNS under the exemption and qualified activity process. Accordingly,
NSCC proposes to delete Section D.2(b)(iv) to remove potentially
confusing procedural language and improve the clarity and accuracy of
its Rules.\17\
---------------------------------------------------------------------------

    \17\ CNS accounts settle against a single Designated Depository
Account. It is therefore technically possible for a Member to
deliver securities to NSCC's CNS account to satisfy a short position
in one CNS sub-account and receive the same securities from NSCC's
CNS account in connection with a long position in another CNS sub-
account. However, the Member is not delivering those securities
directly to, nor receiving securities directly from, itself, and the
Member may also receive securities that have been delivered to
NSCC's CNS account by another Member. This is another potential area
of confusion in the procedure that would be addressed by the
proposed deletion of this rule text.
---------------------------------------------------------------------------

Fully-Paid-For Accounts
    NSCC's processing day is divided into two parts. It begins with a
night cycle on the evening preceding the settlement day for which the
work is being processed and is followed by a day cycle which ends on
the settlement day for which the work is processed. Pursuant to Section
E.5 of Procedure VII, if a Member with a long position and/or a
position due for settlement on the next settlement day, in anticipation
of receiving securities from NSCC as a result of the allocation process
during the night or day cycle for that settlement day, instructs that
securities within its possession or control be delivered on the next
day and is subsequently not allocated the securities during the night
or following day cycle, the Member may, in order to meet the ``customer
segregation'' requirements of Rule 15c3-3 of the Exchange Act, during
the day cycle for that settlement day instruct NSCC to transfer the
position(s) which has not been allocated to a special CNS sub-account
known as the ``Long Free Account.'' NSCC will then debit the Member's
settlement account for the value of the position in the Long Free
Account.
    Section E.5 of Procedure VII contains the following note related to
the use of the Long Free Account.

    The SEC has stated that: ``any broker/dealer that takes
advantage of proposed rule NSCC-82-25 must recall deficits from bank
loan within shorter time intervals than those presently allowed
under Rule 15c3-3(d)(1) of the Exchange Act. In the case of bank
loan, broker/dealers will be expected to effect a

recall within one Business Day instead of the two Business Days
presently allowed.

    The note refers to a no action letter issued by the Commission's
Division of Trading and Markets (formerly, the Division of Market
Regulation) \18\ in connection with the adoption of Section E.5 of
Procedure VII as part of NSCC filing SR-NSCC-82-25.\19\
---------------------------------------------------------------------------

    \18\ See Letter from Michael A. Macchiaroli, Assistant Director,
Division of Market Regulation, Commission, to Robert J. Woldow,
Senior Vice President and General Counsel, NSCC (May 10, 1984).
    \19\ See Securities Exchange Act Release No. 20948 (May 10,
1984) (File No. SR-NSCC-82-25).
---------------------------------------------------------------------------

    NSCC proposes to delete this note from Section E.5 of Procedure
VII. The note is potentially confusing to readers as it (1) refers to a
``proposed rule'' as opposed to the approved and existing procedure and
(2) does not clearly identify the source of this Commission statement.
Moreover, NSCC does not typically refer to Commission relief in its
Rules. NSCC believes the proposed change would improve the clarity of
its Rules and would conform Section E.5 of Procedure VII to more
standard drafting practices for NSCC's Rules.
CNS Buy-Ins
    Section J.1 of Procedure VII provides procedures for the recording
of buy-ins for equities and corporate debt securities in CNS. The
procedure provides, in part, that a Buy-In Retransmittal Notice shall
include such information as NSCC may determine from time to time,
including the identity of the entity that initiated the Buy-In against
the Member.
    NSCC proposes to revise this section of the procedure to clarify
that Buy-In Retransmittal Notices must also be submitted within such
times as determined by NSCC. NSCC believes the proposed change would
improve its Rules by aligning the procedural language and requirements
for Buy-In Retransmittal Notices with other submission requirements in
the Rules (e.g., the submission of Buy-In Intents in Section J of
Procedure VII and the submission of Buy-In Executions in Procedure X)
and maintaining consistency across those procedural requirements.
(viii) Payment of Fines
    NSCC Rule 17 discusses NSCC's authority to impose fines on a Member
or Limited Member pursuant to the Rules. Pursuant to Rule 17, fines
shall be payable in the manner and at such time as determined by NSCC
from time to time. NSCC Rule 48 further discusses NSCC's authority to
impose disciplinary proceedings for a Member of Limited Member for,
among other things, a violation of the Rules. Section 1 of Rule 48
provides that such disciplinary proceedings may result in expulsion,
suspension, limitation of or restriction on activities, functions and
operations, fine or censure or any other fitting sanction.
    NSCC proposes to delete Rule 17 and relocate the second sentence of
Rule 17, which provides that fines shall be payable in the manner and
at such time as determined by the Corporation from time to time, to
Section 1 of Rule 48. NSCC would also make conforming changes to Rule
15 and Rule 56 to update and remove references to Rule 17,
respectively. The proposed change is intended to consolidate the rules
concerning NSCC's authority to impose fines into NSCC's disciplinary
proceeding rules. The proposed change is not intended to result in a
substantive change to NSCC's rules.
(ix) Admission to NSCC's Premises
    NSCC Rule 27 provides, in part, that no person will be permitted to
enter the premises of NSCC as the representative of any participant
unless he has first been approved by NSCC and has been issued such
credentials as NSCC may from time to time prescribe and such
credentials have not been canceled or revoked. In addition, such
credentials must be shown on demand, and may limit the portions of the
premises to which access is permitted thereunder.
    NSCC proposes to revise Rule 27 to clarify that, to gain entry to
NSCC's premises, such credentials must be prominently displayed while
on NSCC's premises. NSCC does not believe the proposed change would
impose any new material obligation or burden on its Members since
Members are already required to obtain such credentials and display
them on demand. The proposed rule change is simply intended to codify
this expectation in NSCC's rules.\20\
---------------------------------------------------------------------------

    \20\ NSCC notes that the proposed rule change would also align
the requirements of NSCC Rule 27 with the requirements of Rule 17 of
the DTC Rules, By-Laws and Organization Certificate (``DTC Rules''),
providing greater consistency across the rules of NSCC and DTC. The
DTC Rules are available on DTCC's public website, available at
https://www.dtcc.com/legal/rules-and-procedures.
---------------------------------------------------------------------------

(x) Clearing Centers
    Section A of Procedure IX discusses NSCC's provision of Clearing
Centers in a number of cities to serve as input/output facilities for
the convenience of Members located near that office. Procedure XIII
further provides definitions for the terms ``Clearing Center'' \21\ and
``Primary Clearing Center.'' \22\ These Clearing Centers were initially
established at a time when both the trading and clearance and
settlement of securities operated in a more regional manner. Given the
evolution of technology since the adoption of these procedures and the
evolution of the national clearance and settlement system, NSCC no
longer maintains regional Clearing Centers. As a result, NSCC proposes
to delete Section A of Procedure IX in its entirety and the definitions
of ``Clearing Center'' and ``Primary Clearing Center'' from Procedure
XIII. NSCC believes that removing these outdated procedures would
improve the accuracy and clarity of its Rules.
---------------------------------------------------------------------------

    \21\ Clearing Center is defined as ``[a] branch facility of the
Corporation.''
    \22\ Primary Clearing Center is defined as ``[t]he Clearing
Center designated as such by a Member.''
---------------------------------------------------------------------------

(xi) Data From Service Bureaus
    Addendum J to the Rules contains a policy statement regarding the
acceptance of trade data from service bureaus. Pursuant to Section 6 of
Rule 7, NSCC may accept locked-in trade data from self-regulatory
organizations (``SROs'') on a Member's behalf for input into NSCC's
comparison system. NSCC has also previously received requests from
Members to accept two-sided trade data from service bureaus in addition
to locked-in data. In response, NSCC adopted the policy statements in
Addendum J setting forth certain minimum requirements for service
bureaus submitting two-sided trade data to NSCC. NSCC proposes to make
certain clarifying updates to the Addendum.
    NSCC proposes to revise the introductory paragraph of Addendum J to
clarify that NSCC may accept from SROs and/or service bureaus, initial
or supplemental trade data on behalf of Members for input into the
Corporation's Comparison Operation with respect to debt securities to
conform the language in the Addendum to the requirements of Section 6
of Rule 7.\23\ NSCC also proposes to delete references to specific SROs
from which it accepts trade data (i.e., NYSE, NYSE Alternext, and
National Association of Securities Dealers) and replace them with a
more general reference to ``SROs'' to reflect that NSCC has accepted,
and may continue to accept, additional SROs as trade data submitters
since the adoption of the Addendum. In addition, NSCC would revise the
Addendum to

clarify that NSCC accepts locked-in trade data for input into its trade
capture system, as opposed to its comparison system, as the transaction
details for locked-in trades have already been compared.
---------------------------------------------------------------------------

    \23\ All equity transactions submitted for processing to NSCC,
other than those submitted through the Obligation Warehouse pursuant
to Rule 51 and Procedure II.A, must be compared prior to submission
and submitted to NSCC on a locked-in basis for trade recording. See
Securities Exchange Act Release No. 70263 (August 27, 2013), 78 FR
54349 (September 3, 2013) (SR-NSCC-2013-09).
---------------------------------------------------------------------------

    Addendum J also currently requires that a service bureau must (a)
be or become a Member of NSCC or (b) be affiliated with a Member of the
Corporation. In addition, the Member (either the service bureau itself
or its affiliated Member) must make a Clearing Fund deposit with NSCC.
NSCC proposes to delete these requirements from Addendum J. NSCC does
not believe it is necessary for a service bureau to be, or be
affiliated with, a Member or to maintain a Clearing Fund deposit. The
Members, on behalf of which a service bureau may submit trade data to
NSCC, and not the service bureau itself, are responsible for
maintaining Clearing Fund deposits to cover the risk associated with
such positions. Moreover, the last paragraph of Addendum J currently
provides NSCC with the authority to waive these requirements if it is
in the best interests of NSCC and its Members to approve a service
bureau so as to assure the prompt, accurate, and orderly processing and
settlement of securities transactions or to otherwise carry out the
functions of the Corporation. NSCC is proposing to eliminate these
requirements as a matter of rule rather than through individual
waivers, to improve the transparency and clarity of its Rules. Finally,
NSCC would revise Addendum J to make certain non-substantive
typographical corrections in the rule text.
(xii) Implementation Timeframe
    NSCC would implement the proposed changes no earlier than thirty
(30) days after the date of filing, or such shorter time as the
Commission may designate. As proposed, a legend would be added to each
affected Rule stating there are changes that were effective upon filing
but have not yet been implemented. The legend would also state that
NSCC would implement the proposed changes no earlier than thirty (30)
days after the date of filing, or such shorter time as the Commission
may designate. The legend would state that the legend would
automatically be removed upon the implementation of the proposed
changes. NSCC would announce the implementation date of the proposed
changes by Important Notice posted to its website.
2. Statutory Basis
    NSCC believes that the proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a registered clearing agency. Section 17A(b)(3)(F) of Act
\24\ requires, in part, that the rules of a clearing agency be designed
to promote the prompt and accurate clearance and settlement of
securities transactions and to assure the safeguarding of securities
and funds which are in the custody or control of the clearing agency or
for which it is responsible. NSCC believes the proposed rule change
would promote the prompt and accurate clearance and settlement of
securities transactions and assure the safeguarding of securities and
funds which are in the custody or control of the clearing agency or for
which it is responsible for the reasons set for below.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

Proposed Clarifications to Confidential Treatment of Reports and
Information
    The proposed addition of confidentiality requirements for
participant information to NSCC Rule 2B would enable NSCC to maintain
one consistent standard to apply uniformly to all participants, which
assures participants that such information would be held in confidence
with appropriate control. NSCC believes the proposed rule change would
therefore help NSCC meet its obligations and help each participant
better understand NSCC's obligations for maintaining the confidential
information it shares with NSCC, which, in turn, may facilitate the
sharing of such information and improve NSCC's ability to evaluate its
participants' eligibility to maintain access to NSCC's clearance and
settlement services. NSCC therefore believes the proposed rule change
is consistent with promoting the prompt and accurate clearance and
settlement of securities transactions by NSCC.
Proposed Removal of Outdated Rules, Procedures, Addenda, and Fees
    The proposed rule change would remove outdated rules, footnotes,
procedures, addenda, and fees related to inactive services, such as the
provision of Sponsored Accounts, Clearing Centers, and the GCN Service
and ILS. The proposed rule change would also remove outdated methods of
submitting instructions to NSCC from the Rules and provide flexibility
to accommodate both current alternative and evolving methods of
submitting instructions to NSCC. These proposed changes are designed to
improve the accuracy, clarity, and transparency of the NSCC Rules and
thereby allow Members to conduct their business more efficiently and
effectively in accordance with the Rules, which NSCC believes would
promote the prompt and accurate clearance and settlement of securities
transactions.
Proposed Clarifications to CNS Accounting Operation Procedures
    The proposed rule change would also provide additional clarity to
NSCC's CNS Accounting Operation Procedures. First, the proposed rule
change would clarify NSCC's rules by deleting Section D.2(b)(iv) of
Procedure VII, which discusses the possibility of a Member receiving
such securities from itself through CNS. As noted above, Section D of
Procedure VII is intended to describe certain Member rights and
obligations associated with the delivery of securities to CNS; however,
Section D.2(b)(iv) discusses a hypothetical scenario under which a
Member may receive securities, which is unrelated and not relevant to
the delivery of securities to CNS under the exemption and qualified
activity process and may cause confusion to readers trying to
understand the delivery and exemption process.
    Second, the proposed rule change would remove from Section E.5 of
Procedure VII a note referring to a no action letter issued by the
Commission's Division of Trading and Markets (formerly, the Division of
Market Regulation).\25\ As discussed above, the note, as currently
drafted, is potentially confusing to readers as it (1) refers to a
``proposed rule'' as opposed to the approved and existing procedure and
(2) does not clearly identify the source of this Commission statement.
Moreover, NSCC does not typically refer to Commission relief in its
Rules. NSCC therefore proposes to remove the note to improve the
clarity of its Rules and conform Section E.5 of Procedure VII to more
standard drafting practices for NSCC's Rules.
---------------------------------------------------------------------------

    \25\ See supra note 18.
---------------------------------------------------------------------------

    Third, to the proposed rule change would revise Section J.1 of
Procedure VII concerning CNS Buy-Ins to clarify that Buy-In
Retransmittal Notices must also be submitted within such times as
determined by NSCC. NSCC believes the proposed change would improve its
Rules by aligning the procedural language and requirements for Buy-In
Retransmittal Notices with other submission requirements in the Rules
(e.g., the submission of Buy-In Intents in Section J of Procedure VII
and the submission of Buy-In Executions in Procedure X) and maintaining
consistency across those procedural requirements.

    Taken together, the proposed changes are designed to improve the
accuracy, clarity, and transparency of NSCC's CNS Accounting Operation
Procedures. NSCC believes the proposed rule change would allow Members
to conduct their business more efficiently and effectively in
accordance with the Rules and thereby promote the prompt and accurate
clearance and settlement of securities transactions.
Proposed Changes to Limit Monitoring Rules and Procedures
    NSCC proposes to revise Rule 54 and Procedure XVII to eliminate the
requirement that certain Members register for the DTCC Limit Monitoring
tool. NSCC would also make conforming changes to Procedure XVII to
reflect that Members may, but are not required to, create and establish
Risk Entities, designate parameters to associate with each Risk Entity,
review reports and alerts on an on-going basis and, as necessary,
modify established parameters to reflect current trading activities
within each of their Risk Entities, and identify primary and secondary
contacts within their firm for DTCC Limit Monitoring.
    As described above, DTCC Limit Monitoring was developed as part of
a broader industry-wide effort to develop tools and strategies to
mitigate and address trading risks. Since the implementation of DTCC
Limit Monitoring in 2014, U.S. equity exchanges have also implemented
risk controls to mitigate risks inherent with direct exchange
transaction flow to assist them in monitoring and managing their
risks.\26\ Like these exchange risk controls, DTCC Limit Monitoring is
intended to supplement, and not replace, a Member's own internal
systems and procedures or other tools available to the Member for
managing its risks. NSCC would continue to offer the DTCC Limit
Monitoring tool to all Members on an optional basis but would no longer
require that any particular type of Member register for the tool.
---------------------------------------------------------------------------

    \26\ See supra note 13.
---------------------------------------------------------------------------

    NSCC believes that providing DTCC Limit Monitoring on an optional
basis is appropriate and consistent with industry practice. NSCC also
notes that while certain Members are currently required to register for
DTCC Limit Monitoring, NSCC does not require Members to take any
particular actions based on the output of the limit monitoring tool.
Any actions Members determine to take in response to these alerts is
their responsibility and is taken away from NSCC. Moreover, NSCC does
not use the DTCC Limit Monitoring tool for internal risk management
purposes. NSCC therefore believes the proposed rule change would
continue to provide NSCC's Members with a valuable risk management tool
to supplement its own internal systems and procedures or other tools
available to the Member for managing its risks, would not impact any
actions taken as a result of Limit Monitoring, and would not have any
impact on NSCC's own internal risk management activities. For these
reasons, NSCC believes the proposed rule change would continue to
promote the prompt and accurate clearance and settlement of securities
transactions and to assure the safeguarding of securities and funds
which are in the custody or control of the clearing agency or for which
it is responsible.
Proposed Changes Concerning Payment of Fines and Admission to Premises
    NSCC proposes non-material clarifying changes to its Rules
concerning the payment of fines and admission to its premises. NSCC
would eliminate Rule 17 and relocate the second sentence of Rule 17,
which provides that fines shall be payable in the manner and at such
time as determined by the Corporation from time to time, to Section 1
of Rule 48 and make conforming changes to Rules 15 and 56. The proposed
change is intended to consolidate the rules concerning NSCC's authority
to impose fines into NSCC's disciplinary proceeding rules and is not
intended to result in a substantive change to NSCC's rules. NSCC also
proposes to revise Rule 27 to clarify that, to gain entry to NSCC's
premises, a Member representative's credentials must be prominently
displayed while on NSCC's premises. NSCC does not believe the proposed
change would impose any new significant obligation or burden on its
Members since Members are already required to obtain such credentials
and display them on demand. The proposed changes are intended to
improve the accuracy, clarity, and transparency of NSCC's Rules. The
proposed changes would therefore allow Members to conduct their
business more efficiently and effectively in accordance with the Rules
and thereby promote the prompt and accurate clearance and settlement of
securities transactions.
Proposed Clarifications to Service Bureau Requirements
    Finally, NSCC proposes several clarifying changes to Addendum J,
which contains a policy statement regarding the acceptance of trade
data from service bureaus. Specifically, NSCC proposes to revise the
introductory paragraph of the Addendum to clarify that NSCC may accept
from SROs and/or service bureaus, initial or supplemental trade data on
behalf of Members for input into the Corporation's Comparison Operation
with respect to debt securities in conformance to Section 6 of Rule 7.
NSCC also proposes to delete references to specific SROs from which it
accepts trade data and replace them with a more general reference to
``SROs'' to reflect that NSCC has accepted, and may continue to accept,
additional SROs as trade data submitters since the adoption of the
Addendum. Additionally, NSCC would revise the Addendum to clarify that
NSCC accepts locked-in trade data for input into its trade capture
system, as opposed to its comparison system, as the transaction details
for locked-in trades have already been compared. These proposed changes
are designed to improve the accuracy, clarity, and transparency of the
NSCC Rules and thereby allow Members to conduct their business more
efficiently and effectively in accordance with the Rules, which NSCC
believes would promote the prompt and accurate clearance and settlement
of securities transactions.
    NSCC would also delete the requirements that a service bureau must
(a) be or become a Member of NSCC or (b) be affiliated with a Member of
the Corporation and that the Member (either the service bureau itself
or its affiliated Member) must make a Clearing Fund deposit with NSCC.
NSCC does not believe it is necessary for a service bureau to be, or be
affiliated with, a Member or to maintain a Clearing Fund deposit. The
Members, on behalf of which a service bureau may submit trade data to
NSCC, and not the service bureau itself, are responsible for
maintaining Clearing Fund deposits to cover the risk associated with
such positions. Moreover, the last paragraph of Addendum J currently
provides NSCC with the authority to waive these requirements if it is
in the best interests of NSCC and its Members to approve a service
bureau so as to assure the prompt, accurate, and orderly processing and
settlement of securities transactions or to otherwise carry out the
functions of the Corporation. NSCC is proposing to eliminate these
requirements as a matter of rule rather than through individual
waivers, to improve the transparency and clarity of its Rules. NSCC
believes the proposed rule change would continue to promote the prompt
and accurate clearance and settlement of securities transactions and
assure the safeguarding of securities and

funds which are in the custody or control of the clearing agency or for
which it is responsible.
    For the reasons set forth above, NSCC believes the proposed rule
change would promote the prompt and accurate clearance and settlement
of securities transactions and assure the safeguarding of securities
and funds which are in the custody or control of the clearing agency or
for which it is responsible, consistent with the requirements of
Section 17A(b)(3)(F) of the Act.\27\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change would have any
adverse impact, or impose any burden, on competition. These proposed
changes are primarily designed to improve the accuracy, clarity, and
transparency of the NSCC Rules. Specifically, the proposed changes to
Rule 2B concerning NSCC's obligations for maintaining non-public
information of its participants would only impose obligations on NSCC
and would not impose any new requirements on its participants.
Additionally, the proposed rule change would remove outdated rules,
procedures, addenda, and fees related to inactive services or outdated
methods of data transmission. The proposed rule change would also
provide additional clarity to NSCC's CNS Accounting Operation
Procedures, which would be equally applicable to all Members. In
addition, the proposed rule change would remove certain requirements
around the DTCC Limit Monitoring tool and make Limit Monitoring
available to all Members on an optional basis. The proposed changes to
Limit Monitoring would not impose any new requirements on Members or
impact the actions Members may take in response to Limit Monitoring. In
addition, the proposed rule change would consolidate the rules
concerning NSCC's authority to impose fines into NSCC's disciplinary
proceeding rules and clarify the requirements for admission to NSCC's
premises. These proposed changes would apply equally to all Members and
would not impose any new significant obligation or burden on Members.
The proposed changes are simply intended to improve the accuracy,
clarity, and transparency of NSCC's Rules. Finally, the proposed rule
change would clarify policy statements regarding the acceptance of
trade data from service bureaus. These proposed changes would not
impose any new requirements on service bureaus and would in fact
eliminate certain requirements for service bureaus. The proposed rule
change therefore would not materially affect the rights or obligations
of NSCC Members. As a result, NSCC does not believe that the proposed
rule change would have any adverse impact, or impose any burden, on
competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    NSCC has not received or solicited any written comments relating to
this proposal. If any written comments are received, they will be
publicly filed as an Exhibit 2 to this filing, as required by Form 19b-
4 and the General Instructions thereto.
    Persons submitting comments are cautioned that, according to
Section IV (Solicitation of Comments) of the Exhibit 1A in the General
Instructions to Form 19b-4, the Commission does not edit personal
identifying information from comment submissions. Commenters should
submit only information that they wish to make available publicly,
including their name, email address, and any other identifying
information.
    All prospective commenters should follow the Commission's
instructions on how to submit comments, available at https://www.sec.gov/regulatory-actions/how-to-submit-comments. General
questions regarding the rule filing process or logistical questions
regarding this filing should be directed to the Main Office of the
Commission's Division of Trading and Markets at
[email protected] or<PHONE_NUMBER>.

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

    Because the foregoing proposed rule change does not:
    (i) significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \28\ and
Rule 19b-4(f)(6) thereunder.\29\
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

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 protected]. Please include
File Number SR-NSCC-2022-012 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2022-012. 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 NSCC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). 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-NSCC-2022-012 and should be submitted on
or before October 6, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-19915 Filed 9-14-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Notices]
[Pages 2532-2533]
[FR Doc No: 2019-01477]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3404]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Generic Drug User Fee
Cover Sheet

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
11, 2019.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0727.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Generic Drug User Fee Coversheet

OMB Control Number 0910-0727--Extension

    On July 9, 2012, the President signed the Generic Drug User Fee
Amendments (GDUFA) (Pub. L. 112-144, Title III) into law. GDUFA is
designed to speed the delivery of safe and effective generic drugs to
the public and reduce costs to the industry. Section 744B of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379f, et seq.), as
added by GDUFA, authorized FDA to assess and collect the fees related
to generic drugs, beginning fiscal year (FY) 2013 and expiring at the
close of FY 2017 on September 30, 2017. GDUFA was reauthorized on
August 18, 2017 (GDUFA II), and is effective beginning October 1, 2017,
through September 30, 2022. GDUFA II enables FDA to assess industry
user fees to bring greater predictability and timeliness to the review
of generic drug applications.
    Form FDA 3794, the Generic Drug User Fee Cover Sheet available at
https://www.ipqpubs.com/wp-content/uploads/2012/09/GDUFA-cover-sheet.pdf, requests the minimum necessary information from applicants
to account for and track user fees and to determine the amount of the
fee required. Applicants complete the cover sheets to accompany
payments. While applicants may submit payment through multiple means,
all cover sheets are prepared using FDA's web-based electronic User Fee
System. Upon submitting the completed cover sheet, the User Fee System
generates a user fee identification number, which is provided to
applicants at the bottom of the cover sheet. It also notes the correct
FY user fee assessment that is due for the submission/program. FDA
requests that applicants submit a copy of this completed cover sheet
along with the abbreviated new drug application, and other GDUFA fees,
so FDA can verify that the applicant has paid the correct user fee.
    Respondents to the collection of information are potential or
actual generic drug application holders or related Active
Pharmaceutical Ingredient and Finished Dosage Form manufacturers.
Companies with multiple user fee obligations will submit a cover sheet
for each user fee obligation.
    In the Federal Register of September 25, 2018 (83 FR 48430), we
published a 60-day notice requesting public comment on the proposed
collection of information. One comment was received asking whether the
information was ``essential for FDA to conduct its duties,'' and
whether ``there is a way to reduce burden'' on respondents. We
appreciate this feedback. As discussed in both the 60-day notice and
this notice, the information collection implements statutory provisions
FDA must fulfill under GDUFA II. The information requested from
respondents on Form FDA 3794 represents what we consider to be the
minimum necessary for us to efficiently and electronically assess,
collect, and track user fees associated with generic drug applications.
    We estimate the burden of the collection of information as follows:

                                                      Table 1--Estimated Annual Reporting Burden 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
               Form FDA 3794                    Number of      responses per     Total annual         Average burden per response          Total hours
                                               respondents       respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Generic Drug User Fee Cover Sheet..........             500            7.616            3,808   0.5 (30 minutes).......................           1,904
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The estimated burden for the information collection reflects an
increase since last OMB approval. This adjustment corresponds with an
increase in submissions received by the Agency.

    Dated: February 4, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-01477 Filed 2-6-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Rules and Regulations]
[Pages 10371-10372]
[FR Doc No: 2012-4016]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0081]

Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento,
CA. The deviation is necessary to allow the bridge owner to conduct
maintenance of the bridge. This deviation allows the bridge to remain
in the closed-to-navigation position during the maintenance period.

DATES: This deviation is effective from 7 a.m. on March 5, 2012 through
7 p.m. on March 16, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0081 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0081 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 email David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The California Department of Transportation
(Caltrans) has requested a temporary change to the operation of the
Tower Drawbridge, mile 59.0, Sacramento River, at Sacramento, CA. The
Tower Drawbridge navigation span provides a vertical clearance of 30
feet above Mean High Water in the closed-to-navigation position. The
draw opens on signal from May 1 through October 31 from 6 a.m. to 10
p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all
other times the draw shall open on signal if at least four hours notice
is given, as required by 33 CFR 117.189(a). Navigation on the waterway
is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 7 a.m. on March 5, 2012 through 7 p.m. on March 9, 2012 and from 7
a.m. on March 12, 2012 through 7 p.m. on March 16, 2012 to allow
Caltrans to replace the lifting cables on the drawspan. This temporary
deviation has been coordinated with waterway users. There are no
scheduled river boat cruises or anticipated levee maintenance during
this deviation period. No objections to the proposed temporary
deviation were raised. Vessels that can transit the bridge, while in
the closed-to-navigation position, may continue to do so at any time.
    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: February 6, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2012-4016 Filed 2-21-12; 8:45 am]
BILLING CODE 9110-04-P