[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Notices]
[Pages 49138-49141]
[FR Doc No: 2019-20156]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86943; File No. SR-NYSENAT-2019-20]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its
Schedule of Fees

September 12, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on September 4, 2019, NYSE National, Inc. (``NYSE National'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described

in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Schedule of Fees and Rebates
(``Fee Schedule'') to specify that the Exchange may exclude from its
average daily volume and quoting calculations the date of the annual
reconstitution of the Russell Investments Indexes. The proposed rule
change is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to specify that the
Exchange may exclude from its average daily volume and quoting
calculations the date of the annual reconstitution of the Russell
Investments Indexes (the ``Russell Rebalance'').
Proposed Rule Change
    The Exchange's Fee Schedule currently provides that, for purposes
of determining transaction fees and credits based on quoting levels,
average daily volume (``ADV''), and consolidated ADV (``CADV''), the
Exchange may exclude shares traded any day that (1) the Exchange is not
open for the entire trading day and/or (2) a disruption affects an
Exchange system that lasts for more than 60 minutes during regular
trading hours. The Exchange proposes to specify that the Exchange may
also exclude from its quoting levels, ADV, and CADV calculations the
date of the annual Russell Rebalance.
    The Russell Rebalance, which typically occurs in June, is
characterized by high trading volumes, much of which derive from market
participants who are not generally as active entering the market to
rebalance their holdings in-line with the Russell Rebalance.\4\ The
Exchange believes that the high trading volumes during the Russell
Rebalance can significantly impact ADV, CADV and quoting calculations.
The Exchange believes that excluding the date of the Russell Rebalance
will mitigate the uncertainty faced by ETP Holders as to their quoting,
ADV, and CADV levels and the corresponding rebate amounts during the
month of the Russell Rebalance, thereby providing ETP Holders with an
increased certainty as to that month's cost for trades executed on the
Exchange. The Exchange further believes that removing this uncertainty
will encourage ETP Holders to participate in trading on the Exchange
during the remaining trading days in the month of the Russell Rebalance
in a manner intended to be incented by the Exchange's Fee Schedule.
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    \4\ See, e.g., Securities Exchange Act Release No. 69793 (July
18, 2013), 78 FR 37865, 37866 (July 24, 2013) (SR-BATS-2013-034)
(excluding the Russell Reconstitution Day from the definition of
ADV); Securities Exchange Act Release No. 72002 (April 23, 2014), 79
FR 24028, 24029 (April 29, 2014) (SR-EDGX-2014-10) (same).
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    To effectuate this change, the Exchange proposes to add a new
subsection (2) to the second bullet under Section I, heading B titled
``General.'' As proposed, the new clause would provide that the
Exchange may exclude shares traded any day that ``is the date of the
annual reconstitution of the Russell Investments Indexes.'' The
proposed change is similar to, and consistent with, the rules of the
Exchange's affiliates and other self-regulatory organizations.\5\
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    \5\ See, e.g., NYSE Arca Equities Fees and Charges, available at
https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf (``the date of the annual
reconstitution of the Russell Investments Indexes does not count
toward volume tiers''); Cboe BZX U.S. Equities Exchange Fee
Schedule, available at https://markets.cboe.com/us/equities/membership/fee_schedule/bzx/(``The Exchange excludes from its
calculation of ADAV and ADV shares added or removed on . . . the
last Friday in June (the `Russell Reconstitution Day')'').
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers. The Exchange notes that
it operates in a highly fragmented and competitive market in which
competitive forces constrain the Exchange's transaction fees, and
market participants can readily trade on competing venues if they deem
pricing levels at those other venues to be more favorable.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) & (5).
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The Proposed Change Is Reasonable
    The Exchange believes that it is reasonable to permit the Exchange
to eliminate from the calculation of quoting levels, ADV, and CADV the
date of the annual Russell Rebalance because it will provide ETP
Holders with a greater level of certainty as to their level of rebates
and fees for trading in the month of the Russell Rebalance. By
eliminating a trading day that would almost certainly lower an ETP
Holder's ADV as a percentage of CADV, the Exchange believes that the
proposal will make the majority of ETP Holders more likely to meet the
minimum thresholds of higher tiers, which will provide additional
incentive for ETP Holders to increase their participation on the
Exchange and earn more favorable rates. As noted above, other self-
regulatory organizations have adopted rules that are substantially
similar to the change being proposed by the Exchange.\8\
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    \8\ See notes 4-5, supra.
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The Proposal Is an Equitable Allocation of Fees
    The Exchange believes its proposal equitably allocates its fees
among its market participants. Specifically, the Exchange believes that
the proposal constitutes an equitable allocation of fees because the
exclusion would apply equally to all ETP Holders and market
participants and to all volume tiers. Further, the Exchange believes
that removing a single known day of atypical trading behavior would
allow all ETP Holders to more predictably calculate the costs
associated with their trading activity on the Exchange on the Russell
Rebalance day, thereby enabling such participants to operate their
business without concern of unpredictable and potentially significant
changes in revenues and expenses.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory because the exclusion would apply

equally to all permit holders, to all market participants and to all
volume tiers. Moreover, the proposal neither targets nor will it have a
disparate impact on any particular category of market participant.
Rather, as discussed above, the Exchange believes that removing a
single known day of atypical trading behavior would allow all ETP
Holders to more predictably calculate the credits and fees associated
with their trading activity on the Russell Rebalance day, thereby
enabling such participants to operate their business without concern of
unpredictable and potentially significant changes in expenses.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Rather, as noted above, by eliminating a trading
day that would almost certainly result in lowering an ETP Holder's ADV
as a percentage of CADV, the Exchange believes that the proposal will
benefit the majority of ETP Holders by making it more likely for them
to meet the minimum thresholds of higher tiers, which will provide
additional incentive for ETP Holders to increase their participation on
the Exchange and earn more favorable rates. The Exchange believes that
the proposal thus fosters competition by providing an additional
incentive to ETP Holders to submit orders to the Exchange. The proposed
exclusion would be available to all similarly-situated market
participants, and, as such, the proposed change would not impose a
disparate burden on competition among market participants on the
Exchange.
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    \9\ 15 U.S.C. 78f(b)(8).
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    Intramarket Competition. The proposed change is designed to
eliminate a trading day that would almost certainly result in lowering
an ETP Holder's ADV as a percentage of CADV. The Exchange believes that
the proposal would provide additional incentive for ETP Holders to
increase their participation on the Exchange. Greater liquidity
benefits all market participants on the Exchange by providing more
trading opportunities and encourages ETP Holders to send orders,
thereby contributing to robust levels of liquidity, which benefits all
market participants. The proposed exclusion would be available to all
similarly-situated market participants, and, as such, the proposed
change would not impose a disparate burden on competition among market
participants on the Exchange.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. In such an
environment, the Exchange must continually adjust its fees and rebates
to remain competitive with other exchanges and with off-exchange
venues. By providing ETP Holders with a greater level of certainty as
to their level of rebates and costs for trading in the month of the
Russell Rebalance, the Exchange believes that the proposed change could
promote competition between the Exchange and other execution venues by
encouraging ETP Holders to their participation on the Exchange in order
to earn more favorable rates.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSENAT-2019-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSENAT-2019-20. 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 offices of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSENAT-2019-20, and should be submitted
on or before October 9, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20156 Filed 9-17-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 17, 2010 (Volume 75, Number 158)]
[Notices]
[Page 50797]
[DOCID:fr17au10-95]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0143]

Motor Carrier Safety Advisory Committee Public Meeting

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

ACTION: Notice of Motor Carrier Safety Advisory Committee Meeting.

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SUMMARY: FMCSA announces that its Motor Carrier Safety Advisory
Committee (MCSAC) will hold a three-day committee meeting concerning
fatigue management of commercial motor vehicle (CMV) operators, from
August 30 through September 1, 2010. This meeting is open to the
public.

DATES: Meeting dates: The meeting will be held on the following dates:
Monday, August 30, from 8:30 a.m. to 4 p.m.; Tuesday, August 31, from
8:30 a.m. to 4 p.m.; and Wednesday, September 1, 2010, from 8:30 a.m.
to 2 p.m. Eastern Daylight Time.
    Location: Hilton Alexandria Old Town, Washington and Jefferson
Rooms, 2nd Floor, 1767 King Street, Alexandria, VA 22314 (located
across the street from the King Street Metrorail Station).
    Subject: FMCSA will request that MCSAC provide information,
concepts, and ideas on ways to develop a safe and efficient fatigue
management system for commercial motor vehicle operators in the United
States. For this meeting, the MCSAC will hear presentations from
fatigue management experts and government officials from Australia,
Canada, Mexico, and the United States, on efforts to manage how fatigue
affects operators of CMVs on their roadways. The MCSAC will draw on the
experiences of these other nations and studies performed by the United
States and Canada to recommend tenets of fatigue management for the
United States. The MCSAC will present a report on its findings and
recommendations to Anne Ferro, FMCSA Administrator, at its December
2010 meeting.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior
Management Analyst, Strategic Planning and Program Evaluation Division,
Office of Policy Plans and Regulation, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590,<PHONE_NUMBER>, or e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 4144 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59, 119 Stat. 1144, August 10, 2005) required the Secretary of
Transportation to establish a Motor Carrier Safety Advisory Committee.
The committee provides advice and recommendations to the FMCSA
Administrator on motor carrier safety programs and regulations and
operates in accordance with the Federal Advisory Committee Act (5
U.S.C. App 2).

II. Meeting Participation

    For information on services for individuals with disabilities or to
request special assistance, please e-mail your request to<EMAIL_ADDRESS>by Wednesday, August 18, 2010. Comments from the public will be heard
orally during the last hour of each day's meeting. To be assured of
timely consideration, interested parties may submit written comments on
the subject topic by Wednesday, August 18, 2010, to the Federal Docket
Management System (FDMS) in Docket Number FMCSA-2010-0143 using either
of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.

    Issued on: August 11, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-20222 Filed 8-16-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: July 18, 2007 (Volume 72, Number 137)]
[Notices]
[Page 39388]
[DOCID:fr18jy07-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-518-000]

Columbia Gas Transmission Corporation; Notice of Proposed Changes
in FERC Gas Tariff

July 9, 2007.
    Take notice that on July 3, 2007 Columbia Gas Transmission
Corporation (Columbia) tendered for filing as part of its FERC Gas
Tariff, Second Revised Volume No. 1, Second Revised Sheet No. 487, with
an effective date of August 2, 2007.
    Columbia states that it is revising Section 48 of the General Terms
and Conditions of its tariff (Offsystem Pipeline Capacity) to address
how limitations imposed by the offsystem capacity provider may affect
service provided by Columbia on the offsystem capacity pursuant to the
terms and conditions of its Tariff.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-13853 Filed 7-17-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 9, 2010 (Volume 75, Number 45)]
[Rules and Regulations]
[Page 10669-10671]
[DOCID:fr09mr10-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0376; Directorate Identifier 2007-NM-322-AD;
Amendment 39-16221; AD 2010-05-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 747-100, 747-
200B, 747-300, and 747SR Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 747-100, 747-200B, 747-300, and 747SR series airplanes. This AD
requires installation of a closeout panel and moisture curtains for the
main equipment center. This AD results from a report of water
contamination in the electrical and electronic units in the main
equipment center. We are issuing this AD to prevent the malfunction of
one or more electrical and electronic units in the main equipment
center, which could adversely affect the airplane's continued safe
flight.

DATES: This AD is effective April 13, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 13,
2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Marcia Smith, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an airworthiness directive (AD) that
would apply to certain Boeing Model 747-100, 747-200B, 747-300, and
747SR series airplanes. That supplemental NPRM was published in the
Federal Register on September 25, 2009 (74 FR 48882). That supplemental
NPRM proposed to require installation of a closeout panel and moisture
curtains for the main equipment center.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received from the sole commenter.

Request to Reference Revised Service Bulletin

    Boeing requests that we revise the supplemental NPRM to refer to
Revision 1, dated June 25, 2007, of Boeing Alert Service Bulletin 747-
25A3346 for the shroud installation (paragraph (g) in the original
NPRM). Boeing states that Revision 1 reroutes the forward drain tube
installation, revises the pitot static lines, revises the moisture
shroud inboard bracket installation, and revises the wire routing.
    We disagree with Boeing's request. As noted in the supplemental
NPRM, we have removed the requirement to perform any actions in
accordance with Boeing Alert Service Bulletin 747-25A3346. We have not
changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.

Interim Action

    We consider this AD interim action. The manufacturer is currently
developing a modification that will address the unsafe condition
identified in this AD. Once this modification is developed, approved,
and available, we might consider additional rulemaking.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD affects 47 airplanes of U.S. registry. The
following table provides the estimated costs, at an average labor rate
of $85 per work hour, for U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
           Action                Work hours         Parts           Cost per       registered       Fleet cost
                                                                    product         airplanes
----------------------------------------------------------------------------------------------------------------
Installation................  Up to 10.......  Up to $11,672..  Up to $12,522..              47  Up to $588,534.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-05-11 The Boeing Company: Amendment 39-16221. Docket No. FAA-
2008-0376; Directorate Identifier 2007-NM-322-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 13,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 747-100, 747-
200B, 747-300, and 747SR series airplanes, certificated in any
category; as identified in Boeing Service Bulletin 747-25A3368,
Revision 2, dated June 12, 2008.

    Note 1:  The affected airplanes are those that have been
converted by Boeing to the Boeing Special Freighter configuration.

Subject

    (d) Air Transport Association (ATA) of America Code 25:
Equipment/furnishings.

Unsafe Condition

    (e) This AD results from a report of water contamination in the
electrical and electronic units in the main equipment center. We are
issuing this AD to prevent the malfunction of one or more electrical
and electronic units in the main equipment center, which could
adversely affect the airplane's continued safe flight.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Install the Closeout Panel and Moisture Curtains

    (g) Within 24 months after the effective date of this AD,
install the closeout panel and moisture curtains for the main
equipment center, by accomplishing all of the applicable actions
specified in the Accomplishment Instructions of Boeing Service
Bulletin 747-25A3368, Revision 2, dated June 12, 2008.

Credit for Actions Done According to Previous Issue of the Service
Bulletin

    (h) Actions done before the effective date of this AD in
accordance with the Accomplishment Instructions in Boeing Alert
Service Bulletin 747-25A3368, dated August 25, 2005, are acceptable
for compliance with the corresponding actions required by paragraph
(g) of this AD, provided that the additional work specified in the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
25A3368, Revision 1, dated June 25, 2007; or Revision 2, dated June
12, 2008; is accomplished. The additional work required is to cap
seal all rivets fastening the mounting base assembly to the moisture
shroud as given in Figure 10 in Boeing Alert Service Bulletin 747-
25A3368, Revision 2, dated June 12, 2008, and to fill any unused
pilot holes in the mounting base assembly in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
25A3368, Revision 2, dated June 12, 2008; or cap seal all rivets
fastening the mounting base assembly to the moisture shroud as given
in Figure 10 of Boeing Alert Service Bulletin 747-25A3368, Revision
1, dated June 25, 2007, and to fill any unused pilot holes in the
mounting base assembly in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-25A3368, Revision
1, dated June 25, 2007.
    (i) Actions done before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 747-25A3368, Revision
1, dated June 25, 2007, are acceptable for compliance with the
corresponding actions required by paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Marcia Smith, Aerospace Engineer, Cabin Safety and Environmental
Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail information
to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin 747-25A3368, Revision
2, dated June 12, 2008, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on February 25, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-4650 Filed 3-8-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Notices]
[Pages 70194-70196]
[FR Doc No: 2019-27520]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3759]

Considerations for the Development of Dried Plasma Products
Intended for Transfusion; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance entitled ``Considerations for the
Development of Dried Plasma Products Intended for Transfusion; Guidance
for Industry.'' The guidance document provides recommendations intended
to assist manufacturers, sponsors, and applicants developing dried
plasma products intended for transfusion in order to facilitate the
availability of safe and effective dried plasma products in the United
States. The guidance document provides considerations for the
successful development and licensing of dried plasma products and for
the approval of devices used to manufacture dried plasma. The guidance
includes recommendations on optimal sources of input plasma;
manufacturing and product quality, including product characterization;
packaging and reconstitution; clinical studies; and device submissions.
The guidance announced in this notice finalizes the draft guidance of
the same title dated October 2018.

DATES: The announcement of the guidance is published in the Federal
Register on December 20, 2019.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to

the docket unchanged. Because your comment will be made public, you are
solely responsible for ensuring that your comment does not include any
confidential information that you or a third party may not wish to be
posted, such as medical information, your or anyone else's Social
Security number, or confidential business information, such as a
manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-3759 for ``Considerations for the Development of Dried
Plasma Products Intended for Transfusion; Guidance for Industry.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist the office in processing
your requests. The guidance may also be obtained by mail by calling
CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Jenifer Stach, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled
``Considerations for the Development of Dried Plasma Products Intended
for Transfusion; Guidance for Industry.'' This guidance provides
recommendations intended to assist manufacturers, sponsors, and
applicants developing dried plasma products intended for transfusion in
order to facilitate the availability of safe and effective dried plasma
products in the United States. This guidance provides considerations
for the successful development and licensing of dried plasma products
and for the approval of devices used to manufacture dried plasma. The
guidance includes recommendations on optimal sources of input plasma;
manufacturing and product quality, including product characterization;
packaging and reconstitution; clinical studies; and device submissions.
    Plasma is a critical component of early transfusion therapy in the
management of traumatic hemorrhage. Plasma can replenish various
coagulation proteins that are consumed during the coagulopathy that may
accompany traumatic injury. Because plasma products intended for
transfusion such as fresh frozen plasma, plasma frozen within 24 hours
after phlebotomy, and plasma frozen within 24 hours after phlebotomy
held at room temperature up to 24 hours after phlebotomy are stored
frozen, these products need to be thawed prior to transfusion. This
limits or prevents the use of plasma in settings where freezers and
other support equipment are unavailable (e.g., battlefields, remote
locations, and other austere settings), and may lead to delayed
administration. Dried plasma (such as freeze-dried or spray-dried
plasma) offers the potential to address these challenges by providing a
product that is stable at ambient temperatures, and which can be
rapidly reconstituted and transfused.
    In the Federal Register of October 30, 2018 (83 FR 54597), FDA
announced the availability of the draft guidance of the same title. FDA
received several comments on the draft guidance and those comments were
considered as the guidance was finalized. The guidance announced in
this notice finalizes the draft guidance dated October 2018.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on considerations for the development of dried
plasma products intended for transfusion. It does not establish any
rights for any person and is not binding on FDA or the public. You can
use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. The collections of information in
21 CFR part 211 have been approved under

OMB control number 0910-0139; the collections of information in 21 CFR
part 312 have been approved under OMB control number 0910-0014; the
collections of information in 21 CFR part 601 have been approved under
OMB control number 0910-0338; the collections of information in 21 CFR
part 610 have been approved under OMB control numbers 0910-0116, 0910-
0139, and 0910-0338; the collections of information in 21 CFR part 630
have been approved under OMB control number 0910-0116; the collections
of information in 21 CFR part 640 have been approved under OMB control
number 0910-0116; the collections of information in 21 CFR part 812
have been approved under OMB control number 0910-0078; and the
collections of information in 21 CFR part 814 have been approved under
OMB control number 0910-0231.

III. Electronic Access

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

    Dated: December 16, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-27520 Filed 12-19-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71811-71812]
[FR Doc No: 2015-29280]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0229]

Issuance of Priority Review Voucher; Rare Pediatric Disease
Product

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
issuance of a priority review voucher to the sponsor of a rare
pediatric disease product application. The Federal Food, Drug, and
Cosmetic Act (the FD&C Act), as amended by the Food and Drug
Administration Safety and Innovation Act (FDASIA), authorizes FDA to
award priority review vouchers to sponsors of rare pediatric disease
product applications that meet certain criteria. FDA has determined
that STRENSIQ (asfotase alfa), manufactured by Alexion Pharmaceuticals,
Inc., meets the criteria for a priority review voucher.

FOR FURTHER INFORMATION CONTACT: Larry Bauer, Rare Diseases Program,
Center for Drug Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 22, Rm. 6408, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA is announcing the issuance of a priority
review voucher to the sponsor of a rare pediatric disease product
application. Under section 529 of the FD&C Act (21 U.S.C. 360ff), which
was added by FDASIA, FDA will award priority review vouchers to
sponsors of rare pediatric disease product applications that meet
certain criteria. FDA has determined that STRENSIQ (asfotase alfa),
manufactured by Alexion Pharmaceuticals, Inc., meets the criteria for a
priority review voucher. Asfotase alfa is a long-term enzyme
replacement therapy for patients with infantile- and juvenile-onset
hypophosphatasia (HPP). HPP is a rare genetic disorder that affects the
development of bones and teeth.
    For further information about the Rare Pediatric Disease Priority
Review Voucher Program and for a link to the full text of section 529
of the FD&C Act, go to http://www.fda.gov/ForIndustry/DevelopingProductsforRareDiseasesConditions/RarePediatricDiseasePriorityVoucherProgram/default.htm.
    For further information about STRENSIQ (asfotase alfa), go to the

Drugs@FDA Web site at http://www.accessdata.fda.gov/scripts/cder/drugsatfda/index.cfm.

    Dated: November 9, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-29280 Filed 11-16-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40864-40865]
[DOCID:fr14jy10-121]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Notice of Fiscal Year 2010 Border Grant Funding and Solicitation
for Applications

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

ACTION: Notice.

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

SUMMARY: FMCSA announces the availability of Fiscal Year (FY) 2010
Border Enforcement Grant (BEG) funding and solicits applications.
Applications must be submitted at the Federal Grant Web site, http://
www.grants.gov. Eligible projects for funding with BEG are identified
in the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users.

DATES: The deadline for applications is July 30, 2010. If additional
funding remains available, the Agency will consider applications
submitted after July 30, 2010, on a case-by-case basis.

ADDRESSES: You must submit applications for BEG funding at the Federal
Grant Web site, http://www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Carla Vagnini,<PHONE_NUMBER>,
Federal Motor Carrier Safety Administration, Office of Safety Programs,
North American Borders Division (MC-ESB), 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Office hours are from 7 a.m. to 4:30 p.m., ET.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The Consolidated Appropriations Act, 2010
[Pub. L 111-117, December 16, 2009, 123 Stat. 3034] provides grant
funding for commercial motor vehicle (CMV) safety programs as
authorized under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L.
109-59, August 10, 2005, 119 Stat. 1144]. This notice announces the
availability of, and solicits applications for, approximately
$6,000,000 in un-awarded FY 2010 funding for BEG projects.
    Section 4110 of SAFETEA-LU established the BEG program. The purpose
of this discretionary grant program is to provide funding for border
CMV safety programs and related enforcement activities and projects. An
entity or a State that shares a land border with another country is
eligible to receive this grant funding. Eligible awardees include State
governments, local governments, and entities (for example, an
accredited post-secondary public or private educational institution
such as a university). Requests from entities must be coordinated with
the State lead CMV inspection agency. Planned activities must be
conducted by State agencies, local governments, and organizations
representing government agencies that use and train qualified officers
and employees in coordination with State motor vehicle safety agencies.
Individuals and businesses are not eligible to receive BEG funding.
Applications must include a Border Enforcement Plan and meet the
maintenance of expenditure (MOE) requirement. See link for the MOE
explanation, http://www.fmcsa.dot.gov/safety-security/grants/beg/
moe.aspx. The Border Enforcement Plan should be a performance-based
proposal that represents innovative strategies to support, enrich, or
evaluate CMV safety border programs.
    BEG funding decisions take into consideration the State or entity's
performance on previous BEG awards; ability to expend the awarded funds
within the BEG performance year; and compliance of planned activities
with the BEG national criteria established by FMCSA. Priority will be
given to proposals for programs which:
     Ensure southern Border States are meeting all Federal
requirements to allow access to Mexico-domiciled carriers beyond the
border commercial zones;
     Increase the number of CMV safety inspections and
commercial driver license (CDL), operating authority, and financial
responsibility checks in Border States focusing on international
traffic;
     Improve the capability to conduct CMV safety inspections
at remote and other sites near the border (Use the list of eligible
items in 49 CFR 350.311, relating to the Motor Carrier Safety
Assistance Program, as a guide.);
     Develop appropriate telecommunication systems and
coordination procedures with Federal inspection agencies and others.
Appropriate telecommunication systems means those that relate directly
to the accessing and transfer of CMV safety data and information
including telecommunications systems and other items necessary to
implement the International Trade Data Systems (ITDS);
     Involve other innovative initiatives designed to improve
the compliance status of CMVs, drivers, and carriers entering the
United States from Canada or Mexico;
     Involve research initiatives focused on cross-border
enforcement and related issues; and
     Involve targeted inspections of CMVs on corridors where
there is a significant amount of international traffic.
    As established by SAFETEA-LU, the Federal share of these funds will
be 100 percent, and there is no matching requirement.
    Applications must be submitted electronically at the Federal Grants
web site (http://www.grants.gov). Users must register in order to use
Grants.gov. Registration can take between 3 to 5 business days or as
long as two weeks if all steps are not completed in a timely manner. To
register, visit http://www.grants.gov/applicants/get_registered.jsp.
After registration, follow these steps to apply for the BEG:
    1. Access the grant application page at https://apply07.grants.gov/
apply/forms_apps_idx.html.
    2. Type in the Catalogue of Federal Domestic Assistance (CFDA)
Number ``20.233'' to retrieve and download the BEG application package.
    3. Complete and save the BEG application off-line using Adobe[reg]
software. You can obtain Adobe Reader[reg] free of charge at http://
www.adobe.com.
    4. Submit the BEG application package electronically at http://
www.grants.gov/applicants/apply_for_grants.jsp.

    Issued on: July 9, 2010.
William A. Quade,
Associate Administrator for Enforcement and Program Delivery.
[FR Doc. 2010-17135 Filed 7-13-10; 8:45 am]
BILLING CODE 4910-EX-P


63656 Federal Register / Vol. 67, No. 199 / Tuesday, October 15, 2002 / Notices 385.2007, in which case the permit shall remain in effect through the first business day following that day. New applications involving this project site, to the extent provided for under 18 CFR part 4, may be filed on the next business day.

Linwood A. Watson, Jr., Deputy Secretary. [FR Doc. 02– 26084 Filed 10– 11– 02; 8: 45 am]

BILLING CODE 6717– 01– P ENVIRONMENTAL PROTECTION AGENCY [OEI– 2002– 0006; FRL– 6724– 6]

Toxic Chemical Release Reporting; Community Right To Know; Notice of On Line Dialogue AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability.

SUMMARY: EPA will hold an on line public dialogue for 60 days from October 16, 2002 to December 17, 2002 as part of a national Stakeholder Dialogue on the Toxics Release Inventory (TRI) Program that the Environmental Protection Agency (EPA) is launching. EPA is seeking suggestions and ideas on the Agency's methods for reporting, collecting, processing, and releasing the TRI data. Instructions for participating in the on line dialogue are posted at EPA's TRI Web site, see http:/ /www. epa. gov/ tri/ programs/ stakeholders/ outreach. htm. EPA is announcing the availability of three issue papers which are intended to provide background to help focus the on line dialogue.

DATES: The Stakeholder Dialogue online comment process will be held from October 16, 2002 to December 17, 2002.

ADDRESSES: The On line Dialogue will be accessible via the Internet at http:// www. epa. gov/ tri/ programs/ stakeholders/ outreach. htm. Please follow the instructions provided in Section I of the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on this stakeholder process, contact: Annette Marion, Environmental Protection Agency, Office of Environmental Information, Office of Information Analysis and Access, Toxics Release Inventory Program Division: telephone: (202) 566– 0731; Fax number: (202) 566– 0715; e mail: marion. annette@ epa. gov. For general information on the Toxics Release Inventory contact the Emergency Planning and Community Right to Know Hotline at (800) 424– 9346, or (703) 412– 9810, TDD (800) 553– 7672, http:// www. epa. gov/ epaoswer/ hotline.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does This Notice Apply to Me?

You may be interested in this notice if you use data collected under the Emergency Planning and Community Right to know Act (EPCRA) section 313, or if you manufacture, process, or otherwise use any of the EPCRA section 313 chemicals and you are required to report annually to EPA their environmental releases and other waste management quantities. Potentially affected entities may include, but are not limited to:

Category Examples of potentially interested entities Public ............ Environmental groups, community groups, researchers Industry ......... SIC major group codes Except 1011, 1081, and 1094), 12 (except 1231), or 20 through 39; industry codes 4911 (limited to facilities that combusts coal and/ or oil for the purpose of generating power for distribution in commerce); or 4939 (limited to facilities that combusts coal and/ or oil for the purpose of generating power for distribution in commerce); or 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U. S. C. section 6921 et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis). Federal Government Federal facilities in any SIC code.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in the table could also be affected. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

B. How Can I Get Copies of Information Associated With This Stakeholder Dialogue Process?

1. Electronic Access. Electronic copies of the issue papers are available from EPA's TRI Web site at http:// www. epa. gov/ tri/ programs/ stakeholders/ outreach. htm. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket, EPA Dockets (http:// www. epa. gov/ edocket/). To view the contents of the docket, go to the EPA Dockets web site. Once in the system, select `` search, '' then key in the appropriate docket identification number, OEI– 2002– 0006. 2. Docket. EPA has established an official public docket for this action under Docket ID No. OEI– 2002– 0006. The official public docket consists of the documents specifically referenced in this action and other information related to this action. The official public dockets are the collection of materials available for public viewing at the EPA Docket Center Public Reading Room located in the basement of EPA West, 1301 Constitution Avenue, NW., Washington, DC 20460. This Docket Facility is open from 8: 30 am to 4: 30 pm, Monday through Friday, excluding legal holidays. The Docket telephone number is (202)– 566– 1752.

C. How Do I Participate in the On line Dialogue? You may submit your ideas and suggestions electronically through the TRI Stakeholder Outreach Web site at: http:// www. epa. gov/ tri/ programs/ stakeholders/ outreach. htm during the time period specified in this notice.

D. How Should I Handle Confidential Business Information (CBI) That I Want To Submit to the Agency? Do not submit any information that you consider to be confidential business information (CBI) under this notice.

II. Background EPA is undertaking a stakeholder dialogue for the Toxics Release Inventory (TRI) program. While the TRI program has been very successful, EPA is continuing to seek ways to improve the program. Given the community focus of the TRI program and the broad and varied uses of the TRI data, it is important that EPA receive input from all stakeholders— the states, the reporting community and other businesses, community and environmental groups, researchers, and the public. The stakeholder dialogue process will have two phases. Phase 1 will focus on the reporting, collecting, processing, and annual release of the TRI data. Specifically, EPA is seeking comment on ways to: (1) Improve the compliance VerDate 0ct< 02> 2002 20: 35 Oct 11, 2002 Jkt 200001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15OCN1. SGM 15OCN1 63657 Federal Register / Vol. 67, No. 199 / Tuesday, October 15, 2002 / Notices assistance provided by the TRI program, both at Headquarters and in the Regions, to aid the reporting community; (2) streamline the collection and processing of the more than 90,000 TRI forms that EPA receives annually; and (3) improve the materials, including the context, documents and tools, that EPA develops for its annual public release of the TRI data to support their use and analysis of the data. The on line dialogue will be the first opportunity for stakeholder input in Phase 1. Once the dialogue has been analyzed, additional opportunities may be extended in the form of public meetings, more formal comment periods, or other methods which will be described in future notices. Phase 2 of the stakeholder dialogue will focus on future directions for the program, including what data are collected in the TRI, how these data are characterized, and whether additional data should be collected. One key element will be clarifying the data elements on recycling and other waste management activities required by the Pollution Prevention Act. A future Federal Register notice will announce Phase 2.

III. Availability of Documents EPA is making available three papers which describe aspects of the TRI Program and raise issues for stakeholder discussion. The scope of each paper corresponds to a phase of the annual TRI reporting cycle. TRI data for a calendar year must be reported to EPA by July 1st after the end of that calendar year. Therefore, reporting years are the same as calendar years. The `` reporting cycle'' begins with EPA's compliance assistance activities, including the development of reporting forms and instructions that are generally mailed to facilities in March each year. Once EPA receives the forms, it enters the data from the forms (over 91,000 in 2000) in the TRI database. After entry into the database, EPA runs a series of data quality checks on both the facility identification information and on the chemical specific data. After the data entry and data quality steps are completed, the TRI database is `` frozen'' for analysis and development of data products for release to the public. Generally, EPA announces the annual release of the TRI data by holding a press event or issuing a press release, and simultaneously notifying a wide range of stakeholders. The first background paper for this stakeholder dialogue is entitled TRI Data Collection, Processing and Management, and addresses the TRI data process beginning with submission of the forms and ending at the data `` freeze. '' The second paper, TRI Data Release Issue Paper discusses TRI data products, the process for analyzing and releasing the TRI data, uses of the data, and issues and considerations associated with these aspects of the TRI program. The third paper is TRI Compliance Assistance Activities. TRI compliance assistance activities are carried out throughout the year with certain of the activities being closely aligned with the reporting cycle.

Dated: October 4, 2002. Elaine G. Stanley, Director, Office of Information Analysis and Access. [FR Doc. 02– 26175 Filed 10– 11– 02; 8: 45 am]

BILLING CODE 6561– 07– P ENVIRONMENTAL PROTECTION AGENCY [OEI– 2002– 0008; FRL6724– 5]

Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency AGENCY: Environmental Protection Agency, EPA.

ACTION: Notice of availability.

SUMMARY: The U. S. Environmental Protection Agency (EPA) has developed final Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency (herein after referred to as Information Quality Guidelines), in response to final Office of Management and Budget (OMB) information quality guidelines directing all federal agencies to develop and implement their own guidelines by October 1, 2002 (67 FR 8451, February 22, 2002). The EPA Information Quality Guidelines build upon on going efforts to improve the quality of the data and analyses that support Agency policy and regulatory decisions and programs. EPA is announcing the availability of the Agency's final Information Quality Guidelines at the EPA Web site, www. epa. gov/ oei/ qualityguidelines. As described in the new Information Quality Guidelines, EPA is also introducing a Request for Correction process to allow affected persons to seek and obtain correction of information that EPA disseminates that they believe does not meet the EPA Information Quality Guidelines or the OMB information quality guidelines (67 FR 8451, February 22, 2002). Please read the Information Quality Guidelines to learn more about this new Request for Correction process including where and how to submit a request for correction.

DATES: The EPA final Information Quality Guidelines were made available on October 2, 2002.

ADDRESSES: The Information Quality Guidelines can be found at the EPA Web site at http:// www. epa. gov/ oei/ qualityguidelines. To obtain a written copy of the Information Quality Guidelines, you may contact: Ms. Evangeline Tsibris Cummings, U. S. Environmental Protection Agency, Office of Environmental Information, Mail Code 2842T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; Telephone: 202– 566– 0621; or e mail: cummings. evangeline@ epa. gov.

SUPPLEMENTARY INFORMATION: In accordance with the OMB information quality guidelines, EPA published a notice in the Federal Register on April 30, 2002 (67 FR 21234) announcing the availability of EPA's draft Information Quality Guidelines and soliciting public comment by May 31, 2002. EPA extended the comment period to June 21, 2002 (67 FR 42254). After considering the extensive public comment, EPA revised its Information Quality Guidelines and submitted the revised draft to OMB in accordance with OMB's guidelines so OMB could review the draft Information Quality Guidelines for consistency with OMB's information quality guidelines. OMB completed its review and approved of the final EPA Information Quality Guidelines. EPA's general discussion of and responses to the public comments appears in Appendix A of EPA's Information Quality Guidelines.

FOR FURTHER INFORMATION CONTACT: Ms. Evangeline Tsibris Cummings, Environmental Protection Agency, Office of Environmental Information, Mail Code 2842T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Telephone: 202– 566– 0621; e mail: cummings. evangeline@ epa. gov.

Elaine Stanley,

Director, Office of Information Analysis and Access, Office of Environmental Information, EPA. [FR Doc. 02– 26176 Filed 10– 11– 02; 8: 45 am]

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[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24647-24649]
[FR Doc No: 2023-08410]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97318; File No. SR-ICC-2023-004]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to Clearance of Additional
Credit Default Swap Contracts

April 17, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ 15 U.S.C. 78s(b)(1) \2\ and Rule 19b-4,\3\ 17 CFR 240.19b-4,
notice is hereby given that on April 3, 2023, ICE Clear Credit LLC
(``ICC'') filed with the Securities and Exchange Commission the
proposed rule change as described in Items I, II and III below, which
Items have been primarily prepared by ICC. 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\ Id.
    \3\ Id.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed change is for ICC to provide
for the clearance of Standard Subordinated European Insurance Corporate
Single Name CDS contracts (``STSEIC Contracts'').

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC included statements
concerning the purpose of and basis for the proposed rule change,
security-based swap submission, or advance notice and discussed any
comments it received on the proposed rule change, security-based swap
submission, or advance notice. The text of these statements may be
examined at the places specified in Item IV below. ICC has prepared
summaries, set forth in sections (A), (B), and (C) below, of the most
significant aspects of these statements.

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

(a) Purpose
    The purpose of the proposed rule change is to adopt rules that will
provide the basis for ICC to clear additional credit default swap
contracts (``CDS''). Specifically, ICC proposes amending Chapter 26 \4\
of the ICC Rules to add Subchapter 26S to provide for the clearance of
STSEIC Contracts. ICC believes the addition of these contracts will
benefit the market for CDS by providing market participants the
benefits of clearing, including the reduction in counterparty risk, and
safeguarding of margin assets pursuant to clearing house rules. The
clearing of STSEIC Contracts will not require any changes to ICC's Risk
Management Framework or other policies and procedures constituting
rules within the meaning of the Securities Exchange Act of 1934
(``Act'').\5\
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    \4\ Chapter 26 of the ICC Rules covers the CDS products cleared
by ICC, with each subchapter of Chapter 26 defining the
characteristics and additional Rules applicable to the various
specific categories of CDS contracts cleared by ICC (e.g., Standard
European Corporate Single Names and Standard North American
Corporate Single Names).
    \5\ 15 U.S.C. 78q-1.
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Rule Amendments
    STSEIC Contracts have similar terms to Standard European Corporate
Single Name CDS contracts (``STEC Contracts'') currently cleared by ICC
and governed by Subchapter 26G of the ICC Rules. Accordingly, the
proposed rules found in Subchapter 26S largely mirror the ICC Rules for
STEC Contracts in Subchapter 26G, with certain modifications that
reflect differences in terms and market conventions between STEC
Contracts and STSEIC Contracts. STSEIC contracts will be denominated in
Euro.
    In new Subchapter 26S, Rule 26S-102 (Definitions) sets forth the
definitions used for STSEIC Contracts. Except as noted below, the
definitions are substantially the same as the definitions found in
Subchapter 26G, other than the category of contract to be cleared. The
definitions section in Subchapter 26S does not contain a definition
analogous to ``Eligible STEC Sector'' that appears in Subchapter 26G
as, unlike STEC Contracts, there are no further subsectors for STSEIC
Contracts as these contracts are essentially already at a sub-sector
level and therefore a

definition for further sub-sectors is not necessary. Furthermore,
Subchapter 26S does not contain several provisions on restructuring
that are found in Subchapter 26G. The reason such provisions are not
needed in Subchapter 26S is that the market convention for STSEIC
Contracts (as set out in the ISDA Physical Settlement Matrix) is that
Modified Modified Restructuring (aka ``M(M)R Restructuring'') does not
apply. This differs from the STEC Contract category and therefore
various provisions that relate to M(M)R Restructuring that are included
in Subchapter 26G are not applicable for STSEIC Contracts and therefore
are not included in proposed Subchapter 26S. In addition, Subchapter
26G includes several references to ``2003-Type CDS Contracts'' which
are not included in proposed Subchapter 26S as it is not anticipated
that any cleared STSEIC Contracts will reference the older 2003 ISDA
Credit Derivatives Definitions and as a result those provision related
to the 2003 ISDA Credit Derivatives Definitions have not been included.
ICC Rules 26S-203 (Restrictions on Activity), 26S-206 (Notices Required
of Participants with respect to STSEIC Contracts), 26S-303 (STSEIC
Contract Adjustments), 26S-309 (Acceptance of STSEIC Contracts by ICE
Clear Credit), 26S-315 (Terms of the Cleared STSEIC Contract, 26S-316
(Relevant Physical Settlement Matrix Updates), 26S-502 (Specified
Actions), and 26S-616 (Contract Modifications) reflect or incorporate
the basic contract specifications for STSEIC Contracts and are
substantially the same as under Subchapter 26G of the ICC Rules. Under
26S-315(f) the Subordinated European Insurance Terms are deemed to
apply to the STSEIC Contracts as such terms are part of the market-
standard provisions that apply under the 2014 ISDA Credit Derivatives
Definitions. Furthermore, 26S-616 is slightly different from the
analogous provision under Subchapter 26G (i.e., 26G-616) as the NTCE
Supplement \6\ referenced in Rule 26G-616(c) was adopted while ICC had
open interest in STEC Contracts and therefore Rule 26G-616 was amended
to incorporate the NTCE Supplement into then currently open STEC
Contract positions.\7\ For new cleared contracts such as STSEIC
Contracts under Subchapter 26S, such specific reference to the NTCE
Supplement is not necessary as such supplement is part of the 2014 ISDA
Credit Derivatives Definitions and therefore will automatically apply
to STSEIC Contracts under the current ISDA Physical Settlement Matrix.
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    \6\ The 2019 Narrowly Tailored Credit Event Supplement to the
2014 ISDA Credit Derivatives Definitions published by ISDA (the
``NTCE Supplement'').
    \7\ See SEC Release No. 34-87612 (December 2, 2019) (notice), 85
FR 3724 (January 22, 2020) (SR-ICC-2019-013).
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(b) Statutory Basis
    ICC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \8\ and the regulations
thereunder applicable to it, including the applicable standards under
Rule 17Ad-22.\9\ In particular, Section 17A(b)(3)(F) of the Act \10\
requires that the rule change be consistent with the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts and transactions cleared by ICC, the
safeguarding of securities and funds in the custody or control of ICC
or for which it is responsible, and the protection of investors and the
public interest. As described above, the STSEIC Contracts proposed for
clearing are similar to contracts currently cleared by ICC and will be
cleared pursuant to ICC's existing clearing arrangements and related
financial safeguards, protections and risk management procedures.
Clearing of the STSEIC Contracts will allow market participants an
increased ability to manage risk and ensure the safeguarding of margin
assets pursuant to ICC Rules. ICC believes that acceptance of the
STSEIC Contracts, on the terms and conditions set out in the ICC Rules,
is consistent with the prompt and accurate clearing and settlement of
the contracts cleared by ICC, the safeguarding of securities and funds
in the custody or control of ICC or for which it is responsible, and
the protection of investors and the public interest, within the meaning
of Section 17A(b)(3)(F) of the Act.\11\
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    \8\ 15 U.S.C. 78q-1.
    \9\ 17 CFR 240.17Ad-22.
    \10\ 15 U.S.C. 78q-1(b)(3)(F).
    \11\ Id.
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    Clearing of the STSEIC Contracts also will satisfy the relevant
requirements of Rule 17Ad-22.\12\ In particular, in terms of financial
resources, ICC will apply its existing initial margin methodology to
the clearing of the additional contracts. ICC believes this model will
provide sufficient initial margin to cover its credit exposure to its
clearing members commensurate with the risks and particular attributes
from clearing such contracts, consistent with the requirements of Rule
17Ad-22(e)(6).\13\ In addition, ICC believes its guaranty fund, under
its existing methodology, will together with the required initial
margin, provide sufficient financial resources to support the clearing
of the additional contracts consistent with the requirements of Rule
17Ad-22(e)(4).\14\ ICC also believes that its existing operational
systems, policies, procedures and controls are sufficient for clearing
the additional contracts, consistent with the requirements of Rule
17Ad-22(e)(17),\15\ as the new contracts are substantially the same
from an operational perspective as existing contracts and ICC will use
existing settlement procedures and account structures for the new
contracts. ICC determined to accept STSEIC Contracts for clearing in
accordance with its governance process, which included review of the
contracts and related risk management considerations by the ICC Risk
Committee and approval by the Board. These governance arrangements are
consistent with the requirements of Rule 17Ad-22(e)(2).\16\
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    \12\ 17 CFR 240.17Ad-22.
    \13\ 17 CFR 240.17Ad-22(e)(6), which requires covered clearing
agency policies and procedurs to cover its credit exposures to its
participants by establishing a risk-based margin system.
    \14\ 17 CFR 240.17Ad-22(e)(4), which requires covered clearing
agency policies and procedures to effectively identify, measure,
monitor and manage its credit exposures to participants and those
arising from its payment, clearing, and settlement processes.
    \15\ 17 CFR 240.17Ad-22(e)(17), which requires covered clearing
agency policies and procedures to manage its operational risks.
    \16\ 17 CFR 240.17Ad-22(e)(2), which requires covered clearing
agency policies and procedures to provide for governance arrangments
which, among other things, are clear and transparent and prioritize
the safety and efficiency of the covered clearing agency.
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(B) Clearing Agency's Statement on Burden on Competition

    The STSEIC Contracts will be available to all ICC participants for
clearing. The clearing of STSEIC Contracts by ICC does not preclude the
offering of the STSEIC Contracts for clearing by other market
participants. Accordingly, ICC does not believe that clearance of the
STSEIC Contracts will have any impact, or impose any burden, on
competition not necessary or appropriate in furtherance of the purposes
of the Act.\17\
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    \17\ 15 U.S.C. 78q-1.
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(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.\18\ Comments may be submitted by any
of the following methods:
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    \18\ Id.
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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-ICC-2023-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2023-004. 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 Section, 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 such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation.
    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-ICC-2023-004 and should be
submitted on or before May 12, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-08410 Filed 4-20-23; 8:45 am]
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