[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Rules and Regulations]
[Pages 2536-2538]
[FR Doc No: 2022-00651]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0589; Airspace Docket No. 21-ASO-23]
RIN 2120-AA66

Amendment and Establishment of Class D and Class E Airspace;
Columbus, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace, Class E surface area, and
Class E airspace extending upward from 700 feet above the surface for
Columbus Airport and Lawson Army Air Field (AAF) (Fort Benning),
Columbus, GA. This action merges Columbus Airport and Lawson AAF (Fort
Benning) Class D airspace and Class E surface area airspace into one
header under FAA Order JO 7400.11 and removes the header Columbus
Lawson AAF under FAA Order JO 7400.11. This action also amends Columbus
Airport's Class D by updating the name of Columbus Airport, (formerly
Columbus Metropolitan Airport) and updating the name of Lawson Army
Airfield (Fort Benning), (formerly Columbus Lawson AAF); the Lawson AAF
(Fort Benning) Class D is amended by establishing an extension to the
southeast. This action establishes Class E airspace designated as an
extension to a Class D surface area for Columbus Airport, Columbus, GA.
The Columbus Airport Class E surface area extension is eliminated and
Lawson AAF (Fort Benning) Class E surface area is amended by
establishing an extension to the southeast. Columbus Class E airspace
extending upward from 700 feet above the surface and Lawson AAF (Fort
Benning) Class E airspace extending upward from 700 feet above the
surface is amended by increasing the radii and removing the Lawson Very
High Frequency Omnidirectional Range with Distance Measuring Equipment

(VOR/DME) and Lawson Localizer (LOC) from the description. In addition,
this action also makes an editorial change replacing the term Airport/
Facility Directory with the term Chart Supplement in the legal
descriptions of associated Class D airspace and Class E surface area.
In addition, this action updates the geographic coordinates of the
Lawson AAF (Fort Benning) to coincide with the FAA's database.
Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, March 24, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order JO 7400.11F at NARA, email
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Goodson, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class D airspace, amends Class E Surface airspace, amends
Class E airspace extending upward from 700 feet above the surface, and
establishes Class E airspace designated as an Extension to a Class D
Surface Area for Columbus, GA, to support IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 58819, October 25, 2021) for Docket No. FAA-2021-0589
to amend Class D airspace, amend Class E Surface airspace, amend Class
E airspace extending upward from 700 feet above the surface, and
establishes Class E airspace designated as an Extension to a Class D
Surface Area for Columbus, GA.
    Subsequent to publication, the FAA found the names of Lawson AAF
(AAF) required updating. The correct name is Lawson AAF (Fort Benning).
This action makes the update.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. Two
comments were received, one comment was positive and one comment was a
blank submission.
    Class D airspace and Class E airspace designations are published in
Paragraph 5000, 6002, 6004, and 6005 respectively, of FAA Order JO
7400.11F, dated August 10, 2021, and effective September 15, 2021,
which is incorporated by reference in 14 CFR 71.1. The Class D and
Class E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11F.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by amending Class D, Class E
surface area, and Class E airspace extending upward from 700 feet above
the surface at Columbus Airport, Columbus, GA, and Lawson AAF (Fort
Benning), Columbus, GA. This action merges Columbus Airport and Lawson
AAF (Fort Benning) Class D airspace and Class E surface area airspace
into one header under FAA Order JO 7400.11 and removes the header
Columbus Lawson AAF under FAA Order JO 7400.11. This action establishes
Class E airspace designated as an extension to a Class D surface area
at Columbus Airport, Columbus, GA.
    The Columbus Airport Class D airspace is amended by eliminating the
extension to the southwest and updating the name to Columbus Airport
(previously Columbus Metropolitan Airport). This action also makes the
editorial change replacing the term Airport/Facility Directory with the
term Chart Supplement in the legal description.
    The Lawson AAF (Fort Benning) Class D airspace is amended by
establishing an extension within 1.0 mile each side of the 145[deg]
bearing from the AAF extending from the 5.2-mile radius to 6.8 miles
southeast of the AAF and updating the name to Lawson AAF (Fort
Benning), (previously Columbus Lawson AAF). This action also makes the
editorial change replacing the term Airport/Facility Directory with the
term Chart Supplement in the legal description. In addition, this
action also updates the geographic coordinates to coincide with the
FAA's database.
    The Columbus Airport Class E surface area is amended by eliminating
the extension to the southwest. This action also makes the editorial
change replacing the term Airport/Facility Directory with the term
Chart Supplement in the legal description.
    The Lawson AAF (Fort Benning) Class E surface area is amended by
establishing an extension within 1.0 mile each side of the 145[deg]
bearing from the AAF extending from the 5.2-mile radius to 6.8 miles
southeast of the AAF. This action also makes an editorial change
replacing the term Airport/Facility Directory with the term Chart
Supplement in the legal description. In addition, this action also
updates the geographic coordinates to coincide with the FAA's database.
    The Columbus, GA Class E airspace designated as an extension to a
Class D surface area at for Columbus Airport is established by adding
that airspace extending upward from the surface within 1 mile each side
of the 234[deg] bearing from the airport extending from the 4.4-mile
radius to 7.1 miles southwest of the airport.
    The Columbus, GA Class E airspace extending upward from 700 feet
above the surface is amended by increasing the radius of Columbus
Airport to 9.6 miles, (previously 6.8 miles) and eliminating the
extension to the southeast.
    The Lawson AAF (Fort Benning) Class E airspace extending upward
from 700 feet above the surface is amended by increasing the radius to
9.3 miles,

(previously 7.6 miles), eliminating the Lawson VOR/DME and Lawson LOC
from the description, adding the airspace within 3.8 miles each side of
Lawson AAF (Fort Benning) 341[deg] bearing from the AAF extending from
the 9.3-mile radius to 15.2 miles northwest of the AAF, and 4.1 miles
each side of the Lawson AAF (Fort Benning) 145[deg] bearing from the
AAF extending from the 9.3-mile radius to 10.6 miles southeast of the
AAF.
    Class D and E airspace designations are published in Paragraphs
5000, 6002, 6004, and 6005, respectively, of FAA Order JO 7400.11F,
dated August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
the Order.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (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) does not warrant preparation of a regulatory evaluation as the
anticipated impact is minimal. Since this is a routine matter that only
affects air traffic procedures an air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO GA D Columbus, GA [Amended]

Columbus Airport, GA
    (Lat 32[deg]30'59'' N, long. 84[deg]56'20'' W)
Lawson AAF (Fort Benning), GA
    (Lat. 32[deg]19'54'' N, long. 84[deg]59'14'' W)

    That airspace extending upward from the surface to and including
2,900 feet MSL within a 4.4-mile radius of the Columbus Airport; and
that airspace extending upward from the surface to and including
2,700 feet MSL within a 5.2-mile radius of Lawson Army Airfield (Ft.
Benning) and that airspace within 1 mile each side of the 145[deg]
bearing from the AAF extending from the 5.2-mile radius to 6.8 miles
southeast of the AAF. This Class D airspace is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area

* * * * *

ASO GA E2 Columbus, GA [Amended]

Columbus Airport, GA
    (Lat 32[deg]30'59'' N, long. 84[deg]56'20'' W)
Lawson AAF (Fort Benning), GA
    (Lat. 32[deg]19'54'' N, long. 84[deg]59'14'' W)

    That airspace extending upward from the surface within a 4.4-
mile radius of Columbus Airport; and that airspace within a 5.2-mile
radius of Lawson AAF (Fort Benning) and that airspace within 1 mile
each side of the 145[deg] bearing from the AAF extending from the
5.2-mile radius to 6.8 miles southeast of the AAF. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

ASO GA E4 Columbus, GA [New]

Columbus Airport, GA
    (Lat 32[deg]30'59'' N, long. 84[deg]56'20'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 234[deg] bearing from the airport extending from
the 4.4-mile radius to 7.1 miles southwest of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO GA E5 Columbus, GA [Amended]

Columbus Airport, GA
    (Lat 32[deg]30'59'' N, long. 84[deg]56'20'' W)
Lawson AAF (Fort Benning), GA
    (Lat. 32[deg]19'54'' N, long. 84[deg]59'14'' W)

    That airspace extending upward from 700 feet above the surface
within a 9.6-mile radius of Columbus Airport; and within a 9.3-mile
radius of Lawson AAF (Fort Benning), and within 3.8 miles each side
of Lawson AAF (Fort Benning) 341[deg] bearing from the AAF extending
from the 9.3-mile radius to 15.2 miles northwest of the AAF, and 4.1
miles each side of the Lawson AAF (Fort Benning) 145[deg] bearing
from the AAF extending from the 9.3-mile radius to 10.6 miles
southeast of the AAF.

    Issued in College Park, Georgia, on January 10, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-00651 Filed 1-14-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10616-10617]
[FR Doc No: 2016-04390]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
           Docket No.               File date     Presenter or requester
------------------------------------------------------------------------
Prohibited
    1. CP15-500-000............        2-8-2016  Grouped Letters \1\.
    2. CP15-500-000............        2-8-2016  Grouped Letters \2\.
    3. CP15-138-000............        2-8-2016  Maddie Musser.
    4. CP16-21-000.............        2-9-2016  Polar Beverages.
    5. CP15-500-000............       2-10-2016  Grouped Letters \3\.
    6. CP15-500-000............       2-11-2016  Ellen McRae.
    7. CP15-500-000............       2-11-2016  Rev. Barry Abraham
                                                  Zavah.
    8. CP15-500-000............       2-12-2016  Grouped Letters \4\.
    9. CP15-500-000............       2-12-2016  Grouped Letters \5\.
    10. CP15-500-000...........       2-16-2016  Grouped Letters \6\.
    11. CP15-500-000...........       2-16-2016  Grouped Letters \7\.
    12. CP15-500-000...........       2-16-2016  Asa Daugherty.
Exempt:
    1. ER16-307-000............        2-8-2016  U.S. Congress \8\.
    2. CP15-554-000............        2-8-2016  State of Virginia
                                                  Delegate Paul E.
                                                  Krizek.
    3. CP14-347-000............        2-8-2016  U.S. Senator Bill
                                                  Cassidy, M.D.
    4. CP16-21-000.............       2-11-2016  State of New Hampshire
                                                  Governor Margaret Wood
                                                  Hassan.
    5. CP16-21-000.............       2-11-2016  U.S. House
                                                  Representative Niki
                                                  Tsongas.
    6. CP16-21-000.............       2-11-2016  U.S. Senator Kelly A.
                                                  Ayotte.
    7. CP15-558-000............       2-17-2016  FERC Staff \9\.
    8. CP15-18-000 CP15-18-001.       2-17-2016  FERC Staff \10\.
    9. P-2629-000..............       2-17-2016  FERC Staff \11\.
    10. CP16-4-000.............       2-17-2016  FERC Staff \12\.
    11. CP14-347-000...........       2-22-2016  U.S. House
                                                  Representative Charles
                                                  W. Boustany Jr., MD.
------------------------------------------------------------------------
\1\ Mass Mailing: 17 letters have been sent to FERC Commissioners and
  staff under this docket number.
\2\ Mass Mailing: 12 letters have been sent to FERC Commissioners and
  staff under this docket number.

\3\ Mass Mailing: 2 letters have been sent to FERC Commissioners and
  staff under this docket number.
\4\ Mass Mailing: 2 letters have been sent to FERC Commissioners and
  staff under this docket number.
\5\ Mass Mailing: 2 letters have been sent to FERC Commissioners and
  staff under this docket number.
\6\ Mass Mailing: 8 letters have been sent to FERC Commissioners and
  staff under this docket number.
\7\ Mass Mailing: 2 letters have been sent to FERC Commissioners and
  staff under this docket number.
\8\ Senator Sheldon Whitehouse, Senator Jack Reed, House Representative
  James R. Langevin, and House Representative David N. Cicilline.
\9\ Memo forwarding letter dated January 29, 2016 from Paul A. Raber of
  Society for Pennsylvania Archaeology.
\10\ Meeting summary from February 17, 2016 telephone call with Brian
  Scofield of Pennsylvania Field Office of the Fish and Wildlife Service
  regarding Eastern Shore White Oak Machine Expansion Project.
\11\ Email Record dated February 17, 2016 between FERC Staff and Jeff
  Crocker of Vermont Department of Environment Conservation.
\12\ Conference Call Notes from February 9, 2016 call between FERC and
  NPS regarding the Orion Project.

    Dated: February 23, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-04390 Filed 2-29-16; 8:45 am]
 BILLING CODE 6717-01-P


073.005936 4190.139964 6738.75029 4954.2788 4747.9461 0 3410.9575 3294.12597 3236.6105 9753.460616 9712.717684 0 0 0 0 3.57853404 3.57853404 3.57853404 3.57853404 3.57853404 3.57853404 3.57853404 3.57853404 3.57853404 3.57853404 3.57853404 3.57853404 5133.4925 Page 1807 EPA219b_ CAIR_ 16c_ 2010_ Pechan 5123.5677 0.558804658 2922.875199 2921.500705 4860.7127 4811.935516 4809.672684 3577.4441 3234.194541 3181.256159 3714.754742 0 0 0 4309.3736 0 2763.0329 2924.842097 2859.269071 4259.395744 3878.787088 1370.7167 0 0 0 0 0 0 4567.196 4638.6265 4555.4361 0 0 0 0 0 0 0 0 0 0 0 4024.86005 3956.67815 0 0 0 0 0 0 111.5133227 Page 1808 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 215.6981 0 19.26864272 0 76.05859672 137.3096817 137.3096817 137.3096817 137.3096817 93.74556585 93.74556585 93.74556585 93.74556585 4201.1147 2143.0454 2143.0454 2161.1851 2175.4251 2980.141278 2980.141522 6.11815 6.11815 6.11815 6.11815 0 5040.404775 6746.921633 6698.145667 7124.711627 6837.277473 0 0 0 0 0 0 0 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0.175217355 0.210917905 0.050774722 0 0.356975179 0.307666632 0.356975179 0 0 3.237376918 0 0.798422403 0.798422403 0 1.113527487 1.113527487 0.333411829 0.333411829 0.142057687 0.10455795 0.394032147 0.394032147 0 1.995860797 0.818443859 0.863912962 1.354053476 1.422084198 0.525554135 0 0 0 1818.1078 6.958791077 6.958791077 7.347806857 Page 1812 EPA219b_ CAIR_ 16c_ 2010_ Pechan 1750.368384 1689.749566 0 0 194.1971877 4.82491229 4.82491229 4.82491229 6888.579688 7284.952886 4769.203561 0 0.897274701 1.173635309 1.173635309 0.598077676 0.598077676 0.598077676 0.598077676 0.598077676 2.29900028 2.311090677 0.687789345 1.973688044 1.933782131 0.687789345 0.897274701 0.897274701 0 0 0 5.42184967 15.05648921 5.393394091 5.936598362 4936.9752 0 0 5.224312264 5.010824633 5.33228302 5.434119074 0.103788683 0.154250052 0.14484089 0.311965 0 0.158801124 997.7274038 0 0.75553569 Page 1813 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0.727832715 0.75553569 0.749239559 0.730351167 0.783214358 0.798422403 36.04018681 3.346540311 3.346540311 1.058479986 0 0 2.590082306 0 0.679196791 0.679196791 0.679196791 0.679196791 0.679196791 3.191886212 0 0 0 3.498534131 3.498534131 34.05418459 85.72260259 0 0 2586.232668 571.9590236 0 0.805509689 0.805509689 2161.9523 1700.7343 3383.505673 0 0.638737923 0.638737923 0.223558273 0.255495169 0.526958786 0.638737923 1.002759398 1.002759398 1.504139097 0.231162299 0.520115152 0.520115152 3331.139397 Page 1814 EPA219b_ CAIR_ 16c_ 2010_ Pechan 2.840549638 4.004113735 4.004113735 11.68768333 11.68768333 0.534055635 1.563995428 0.634805139 0.991868746 0.984112642 1.919681203 0 0 4.530016045 9.059917846 0 539.731439 4.198240957 4.198240957 0 19.9845 0 0 36.51936194 1.266830213 1.266830213 0.836442518 0.836442518 0.836442518 0.836442518 0.836442518 0.669154014 0.669154014 0.833529572 0.833529572 0.833529572 0.833529572 0.833529572 0 0 5.022769953 5.022769953 1.142320572 0.656306026 0.835298578 0.483850211 0 0 1.149324564 0 1.970503013 Page 1815 EPA219b_ CAIR_ 16c_ 2010_ Pechan 1.970503013 1.35658684 1.467434291 1.970503013 0 0 0 0 0 0 5709.85447 5748.133903 7221.193288 7437.348741 0 1333.382424 1323.879476 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 881.005212 885.713723 876.7247475 4084.18763 0 0 0 2027.324317 2454.387794 3797.650308 3714.134623 3747.2024 1896.738045 1953.780586 5.687150144 Page 1816 EPA219b_ CAIR_ 16c_ 2010_ Pechan 5.687150144 0 0 0 0 0 0 0 0 0 0 21.9097 0 0 0 0 0 0 0 0 0 55.29160729 55.29160729 55.06361499 0 0 0 0 0 0 0 0 0 0 0 0 10.88865 10.88865 115.735314 180.8364282 0 0 0 0 0 0 0 0 0 0 0 Page 1817 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 30.76091444 35.56918556 0 0 0 0 2779.4653 16.09230076 16.09230076 16.09230076 16.09230076 3223.020459 3259.090241 0 0 0 0 0 0 0 178.4583292 90.27892348 2786.4055 103.1118641 0 0 5.545875098 0 0 0 1068.945234 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 1818 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 907.4556 769.1442634 849.1359919 1065.743947 1089.177197 2683.547596 2710.217604 0 0 0.485430558 0.485430558 0.485430558 0.485430558 0.09266068 0 0 0 0 0 0 0 0 72.49343109 9.288693366 29.55241016 29.55241016 10.36512606 48.51016124 40.7665 463.5422627 0.40495339 0.40495339 0 0 0 0 231.2549675 150.0085325 4.857864426 0 0 0 0 23.6499429 23.6499429 291.223151 Page 1819 EPA219b_ CAIR_ 16c_ 2010_ Pechan 296.688449 707.3470112 0 0 0 0 0 0 0 0 2.4123 0 0 7.7991 0 0 4800.2051 37.6057 0 0 480.7761507 463.9657958 305.4549536 4202.1749 0 0 0 0 0 0 442.9188565 442.9188565 420.6616275 0 2.488767751 2.00774544 1.244223908 1.176845717 1.176845717 1.176845717 0 0 0 0 0 0 0 1.50035323 0.276229185 0.454652494 0.454652494 Page 1820 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0.842834793 0.604251343 0.607956233 0.607956233 0.607956233 0.658261036 0 0 0 0 0.8177 3.376175 3.376175 3.376175 3.376175 0 0 0 0 0 1114.5622 0 0 0 0.15081501 0.141389081 0.142567322 0.477313473 0.477313473 0.416753292 0.416753292 0.416753292 0.416753292 0.416753292 0 0 0 0 0 0 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 Page 1821 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0.151565864 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.144276394 0 0.741876322 0.741876322 5.880268819 5.880268819 0.506536386 0.506536386 0 0 0 0 0 0 0 751.5564 0 0 469.8430788 469.8430788 622.1370423 0 86.49234912 3.413742821 4.030550546 0 0 304.166 380.6116 Page 1822 EPA219b_ CAIR_ 16c_ 2010_ Pechan 2.305475945 2.305475945 2.539531 2.539531 2.4055 131.4722809 90.4277 94.49011207 99.38321061 99.38321061 4.213504792 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.558804658 0.558804658 0 16.60920408 18.34689592 922.6908105 0 0 0 0 216.1961 63.79343039 119.5003696 238.282 0 0 4.434896512 0 218.714467 0 0 16.68648633 9.55921367 91.69916047 Page 1823 EPA219b_ CAIR_ 16c_ 2010_ Pechan 9.925005124 145.9787966 68.81857554 1.077185882 0 0 0 0 0 12.44014055 0 0 0 0 15.3307622 0 15.3307622 12.44014055 1.604389066 0 0 0 0 0 42.60689598 26.78840402 0 452.1387 0 0 0 515.6001182 515.6001182 515.6001182 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4.744407951 4.744407951 4.744407951 Page 1824 EPA219b_ CAIR_ 16c_ 2010_ Pechan 29.40543254 0.820382532 0.820382532 0.820382532 0.820382532 0.820382532 0.820382532 0.820382532 0.820382532 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 99.48317839 1.474739626 3287.1921 0 0 0 Page 1825 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0.570931658 0.596465275 0.545398042 0 1.338090021 0.182317335 0.182317335 0.182317335 0.182317335 0.182317335 0 2.544085426 2.544085426 2.544085426 2.544085426 0 0 0 0 0 0 0 0 20.75596279 20.75596279 26.15976911 26.15976911 3.602671668 3.602671668 2.402030919 2.402030919 3.002538648 0 0 164.6517 2.087589731 2.087589731 2.087589731 0 0 20.6270927 20.6270927 0 0 0 238.8237974 238.8237974 275.0092212 Page 1826 EPA219b_ CAIR_ 16c_ 2010_ Pechan 29.60175954 29.60175954 29.60175954 29.60175954 28.42441074 28.42441074 2.667950414 8.590364624 8.590364624 1.803677304 0 0 0 0 0 0 0 0 104.5856171 104.5856171 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 1827 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 2.499161715 2.499161715 3.16545 3.16545 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 57.86858301 57.86858301 57.86858301 57.86858301 5224.913 19.14395156 19.14395156 19.14395156 19.14395156 23.71371367 19.14395156 19.14395156 Page 1828 EPA219b_ CAIR_ 16c_ 2010_ Pechan 19.14395156 19.14395156 24.37882345 0 0 0 0 0 0 0 0 0 0 0 0 0 3.832814271 3.832814271 3.832814271 3.832814271 3.832814271 3.832814271 0 0 0 0 0 0 0.629496688 0.629496688 0.629496688 0.629496688 131.3879509 0 0 7.049031181 7.049031181 0 5.738621332 5.738621332 1.912873777 1.912873777 1.912873777 1.912873777 0 0 0 0 0 0 0 Page 1829 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 0 0 0 0 0 0 0 0 5301.9616 973.2340486 943.9013514 1290.548556 1407.874071 0 0 0 6.806467021 6.928739095 6.806467021 6.928739095 6.928739095 6.806467021 6.928739095 6.806467021 6.928739095 6.928739095 0 0 0 0 0 4.58135471 5.667234924 5.667234924 4.881972106 5.606144149 4.76816371 2.0303792 2.0303792 2.0303792 0 0 0 0 4370.4058 4235.7015 Page 1830 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 0 0 0.259250934 0.318952578 0.710301652 0.191697839 0 0.658060855 8966.708568 8966.708568 0 0 4.683530414 56.57577576 92.80067772 8.54154386 8.54154386 8.54154386 4.986647615 4.690923516 4.835089014 4.676137311 4.753764887 8.861851755 56.62372133 8.861851755 24.02287126 0 0 0 64.95311472 64.95147137 86.60305739 86.60305739 1.268676431 1483.886101 24.1992 24.1992 24.1992 24.1992 0 4298.679702 4284.335742 4298.269874 4300.319011 0 Page 1831 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 293.1968282 285.4811222 308.6282402 297.0546812 3367.20053 3349.8889 266.3366862 266.3366862 266.3366862 266.3366862 266.3366862 266.3366862 640.1232829 0 0 0 0 0 9867.635528 9809.006072 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1649.1732 0 0 3823.7084 2717.578823 2857.365177 2024.7054 2133.5137 4352.7363 Page 1832 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 0 0 0 97.22241822 204.8904818 2847.3019 0 0 2525.923959 4148.830741 77.05909626 0 0 0 0 0 0 0 1760.9212 0 0 0 0 0 0 0 0 0 0 1.752916753 0 0 0 0 0 0 1792.017907 2603.863693 0 0 0 0 0 0 0 0 Page 1833 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 1992.9384 0 0 0 0 0 0 0 0 0 0 0 0 1954.1306 1.834177795 0 0 0 0 0 0 0 0 0 0 0 0 4011.472863 3889.24615 0 0 0 0 2617.195617 2585.777397 2591.28691 2611.685877 0 0 0 0 0 0 0 833.799 2696.1764 2401.615032 Page 1834 EPA219b_ CAIR_ 16c_ 2010_ Pechan 2.423433216 1.272840206 1.272840206 1.192450298 991.2541427 992.5628573 2107.7571 4125.197038 2512.21153 2.378948045 2.219957984 2.378948045 2.378948045 2.219957984 2.378948045 2.378948045 2.135655782 1335.604281 1327.207504 1338.962992 1338.317086 1341.804978 1333.020658 4598.9564 4286.525887 4731.6856 0 0 0 2.779200448 2.736844423 2.671681461 2.932333311 5.631541176 5.775202941 5.789569118 5.818301471 5.775202941 5.875766176 6.033794118 5.847033824 5.746470588 5.588442647 5.775202941 5.775202941 0 0 0 0 0 0 Page 1835 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 0 0 3181.2144 0 1822.09785 0 0 0 0 0 0 0 0 0 0 0 0 0 0 808.9768 2946.503 0 0 0 0 0 1.018331804 1.018331804 2.274216099 1.368983793 1.594047348 1.310032338 3.841525016 0 3.657521075 0 0 0 3.103570345 0 0 0 0 0 0 0 Page 1836 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.233588278 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.175963593 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 1837 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 816.9858 792.3046 1595.4815 0 0 0 1.722686192 Page 1838 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 0.28194813 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1625.1769 1443.1839 2292.2599 1657.851674 1673.947321 1665.899497 1649.80385 1754.425558 1612.6491 0 0 1106.504724 1095.696505 1516.666671 3799.6389 0 0 0 729.7178566 727.5719434 2932.348258 Page 1839 EPA219b_ CAIR_ 16c_ 2010_ Pechan 0 0 0 0 0 0 0 0 0 303.5266151 397.6642 408.4430849 665.0604 0 15.89871667 15.89871667 15.89871667 15.89871667 15.89871667 15.89871667 0 0 1808.531507 3304.7617 4062.18852 4069.736272 0 0 0 1341.98687 2697.18203 4.020705857 865.1120717 959.2842861 948.0073683 978.9359739 0 0 0 3960.3116 0 0 0 0 309.3319852 0 309.3319852 2353.695557 1218.13601 2280.276907 14.73984167 Page 1840 EPA219b_ CAIR_ 16c_ 2010_ Pechan 4.212998486 4.213306899 1961.544618 111.7057528 1598.685988 3.159980174 162.8136396 0 69.41999032 0 870.9390963 1560.320152 0 14.40578878 1444.634217 922.9855646 922.9855646 5.37157307 733.8168737 11.68976583 269.5108194 11.68976583 11.68976583 35.0692975 123.5722 18.90759777 1093.547813 0 449.4965771 0 2.691094778 34.74793729 0 0 3.01496257 0.43713743 8.423742373 391.977075 198.7403718 42.36158932 5.160923146 810.7728965 1346.424757 92.1212 15.82327991 1147.426588 8.652843154 489.454304 0 416.0361584 0 Page 1841 EPA219b_ CAIR_ 16c_ 2010_ Pechan 624.0542376 0 11.99605172 377.6969463 4.739623297 8.128303741 0 0 0 320.7626714 0 182.034651 0 106.2426922 0 5.267858071 5.267858071 858.4083491 0 164.7662091 47.63573088 5.594185516 5.594185516 5.594185516 5.594185516 779.5541894 1.367534655 81.35654235 2188.191898 5382.561968 205.2417105 381.9455 24.66873328 4.739623297 810.7728965 0 225.2889133 225.2889133 0 1567.942027 1567.942027 6.84662371 3135.884054 13.69324742 6.84662371 4.2119 20.32075935 4.06415187 4.739623297 32.5611325 0 Page 1842 EPA219b_ CAIR_ 16c_ 2010_ Pechan 254.7851003 0 254.7851003 77.38326525 33.16425653 0 1741.878193 10.53132057 5.002935702 1733.154819 494.28855 476.9302725 0 5.928880375 164.9353034 0 248.1039796 389.565639 47.63573088 15.79296754 15.79296754 0 0 267.0671456 89.02238186 744.7538693 2316.973747 54.68048908 992.9887488 24.0202 2.105880969 3.159748865 494.28855 799.3429942 0.5265 1634.285512 1634.285512 4.739623297 1130.666777 725.7715087 964.5955647 0 0.347151296 17.54888616 8.843905003 18.95849319 92.08386187 141.111747 119.944985 179.9174774 0 Page 1843 EPA219b_ CAIR_ 16c_ 2010_ Pechan 10.53571614 834.4320812 1783.149756 7.373287072 1783.149756 7.373287072 33.69166408 25.26874806 8.422916019 348.6550776 0 3464.685286 0 2942.119458 2307.463911 2307.463911 2.621916374 2.621916374 1716.236343 139.6418391 83.5396361 1440.392205 83.5396361 1440.392205 3.159396171 250.4000522 26.58311026 458.2696077 458.2696077 639.2861028 0 2702.7966 0 108.6573762 22.64486686 23.69811649 426.268343 355.2236192 14.96220795 16.84553334 0 0 0 1.895427043 1727.810626 1727.810626 1.895427043 391.977075 169.2332 0 0 Page 1844 EPA219b_ CAIR_ 16c_ 2010_ Pechan 1012.755911 0.294429009 0.294429009 2002.118598 4.739623297 0 11.93243997 11.93243997 23.86846003 23.86846003 7.937049535 952.1726 3.929563391 8.426613797 570.0692267 107.7018252 48.17841642 2.368163405 56.56486831 0 0.4212 381.9455 940.7147582 23.5424315 40.06388936 244.9856826 0 891.334387 0 18.51125121 18.51125121 37.02250241 37.02250241 406.2947347 7.2787 613.7952599 330.5051399 4.950273221 8.899959302 73.96049304 0 245.7183644 0 245.7183644 0 245.7183644 245.7183644 0 2.738771547 25.34118225 661.758765 Page 1845 EPA219b_ CAIR_ 16c_ 2010_ Pechan 5.160923146 2795.013485 102.3167339 303.782235 0 367.47851 105.6995098 0 0 257.2349667 4.739623297 189.5771194 2.316469066 0 0 74.11152144 31.09410836 0 0 77.13648149 32.36325564 531.3227 4.739623297 568.0076231 14.34406542 15.7945 0 55.25612979 26.53129315 2922.2747 256.6309803 256.6309803 2351.660743 91.71101137 45.85550569 870.9390963 0 309.3319852 0 309.3319852 1655.417693 1583.52563 1583.52563 521.1574 8.128303741 148.4080068 338.4556701 0 0 8.032676638 8.032676638 Page 1846 EPA219b_ CAIR_ 16c_ 2010_ Pechan 102.6208553 102.6208553 102.6208553 102.6208553 2.316469066 2673.691098 410.483421 3.825084113 3.825084113 7.650168226 205.2417105 0 0 25.13531962 5.002935702 5.113425477 5.266248108 3256.320317 9.426797497 362.1912538 2329.17356 428.9014578 115.8368113 140.5485541 636.2307659 636.2307659 47.63573088 5.2648 20.2247745 0 2.295050468 2523.7827 6148.792263 3661.549954 24.75136611 0 0 0 0 0 0 199.6469 199.6469 1016.870451 1016.870451 960.9179993 2687.268603 1415.189569 147.3783803 252.5987878 172.5590596 Page 1847 EPA219b_ CAIR_ 16c_ 2010_ Pechan 1467.9973 Page 1848


[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65775-65777]
[FR Doc No: 2018-27612]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84836; File No. SR-OCC-2018-013]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Approving Proposed Rule Change To Extend Term Limits for Member
Directors Serving on The Options Clearing Corporation's Board of
Directors

December 17, 2018.

I. Introduction

    On October 26, 2018, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2018-013 (``Proposed Rule Change'')
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ to extend the term
limits for Member Directors serving on OCC's Board of Directors
(``Board'') from two consecutive three-year terms to three consecutive
three-year terms. The Proposed Rule Change was published for comment in
the Federal Register on November 7, 2018,\3\ and the Commission has
received no comments in response.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Exchange Act Release No. 34-84521 (Nov. 1, 2018), 83 FR
55768 (Nov. 7, 2018) (``Notice'').
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II. Background 4
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    \4\ All terms with initial capitalization that are not otherwise
defined herein have the same meaning as set forth in the OCC By-Laws
and Rules. OCC's By-Laws and Rules can be found on OCC's public
website: http://optionsclearing.com/about/publications/bylaws.jsp.
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    OCC proposes a change to Article III, Section 2 of its By-Laws and
to the Board of Directors Charter and Corporate Governance Principles
(``Board Charter'') that would extend the term limits for Member
Directors from two consecutive three-year terms to three consecutive
three-year terms. According to OCC, the purpose of the change is to
address issues associated with frequent Member Director turnover by
providing the potential for longer consecutive service by Member
Directors who, among other considerations, may have developed
considerable knowledge about OCC's business and the interests of
Clearing Members.

Board Composition and Member Director Considerations

    OCC's Certificate of Incorporation and By-Laws establish the
Board's composition and the procedures for director selection. Pursuant
to these documents, when at full capacity, the Board consists of twenty
directors: (i) Nine directors representing OCC Clearing Members
(``Member Directors''); (ii) five directors designated by and
representing each of OCC's five Equity Exchanges (``Exchange
Directors''); (iii) five directors who are not affiliated with any
national securities exchange, national securities association, or with
any broker or dealer in securities (``Public Directors''); and (iv) one
management director, who serves as the Executive Chairman (``Management
Director'').\5\
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    \5\ OCC By-Laws, Article III, Sections 1, 2, 6, 6A, and 7
(addressing the number of directors and required qualifications of
Member Directors, Exchange Directors, Public Directors, and the
Management Director); see also Board Charter at 4 (Size of Board;
Composition).
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    According to OCC, Member Directors serve on the Board to comply
with Section 17A(b)(3)(C) of the Exchange Act, which requires, among
other things, that the rules of a clearing agency assure fair
representation of its participants in the selection of its directors
and administration of its affairs.\6\ The term ``participant'' when
used with respect to a clearing agency under the Exchange Act means any
person, such as a Clearing Member, who directly uses the clearing
agency to clear or settle securities transactions.\7\ Accordingly,
OCC's By-Laws set forth the qualifications for Member Directors,
providing that a Member Director must be either a Clearing Member or
representative (e.g., a director, senior officer, principal, or general
partner) of a Clearing Member Organization or an affiliate of such
organization.\8\
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    \6\ 15 U.S.C. 78q-1(b)(3)(C).
    \7\ See 15 U.S.C. 78c(a)(24) (defining the term ``participant''
when used with respect to a clearing agency); 15 U.S.C. 78c(a)(9)
(defining the term ``person'').
    \8\ OCC By-Laws, Article I, Section 1.R.(6) and Article III,
Section 2.
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    At its annual meeting of stockholders, OCC's stockholders elect
Member Directors from a list of nominees prepared by the Board's
Governance and Nominating Committee (``GNC'') and approved by the
Board.\9\ In furtherance of the Exchange Act's fair representation
requirement described above, Article III, Section 5 of OCC's By-Laws
requires the GNC in selecting Member Director nominees to ``endeavor to
achieve balanced representation among Clearing Members on the Board of
Directors to assure that (i) not all Member Directors are
representatives of the largest Clearing Member Organizations based on
the prior year's volume, and (ii) the mix of Member Directors includes
representatives of Clearing Member Organizations that are primarily
engaged in agency trading on behalf of retail customers or individual
investors.'' \10\ All director nominees, including Member Director
nominees, must also be considered under the standards for directors in
OCC's Fitness Standards for Directors, Clearing Members, and Others
(``Fitness Standards'') \11\ regarding their skills, experience,
expertise, attributes, and professional backgrounds.\12\ The Fitness
Standards include criteria that apply specifically to Member
Directors.\13\ In addition, at least every three years, the GNC is
required to review the composition of the Board as a whole for
consistency with public interest and regulatory requirements, including
whether the Board reflects the appropriate balance across the
categories of directors such as Member Directors.\14\
---------------------------------------------------------------------------

    \9\ OCC By-Laws, Article III, Section 5. In advance of the
election, OCC shares the list of nominees with Clearing Members who
are provided an opportunity to submit additional nominees. Id.
    \10\ OCC By-Laws, Article III, Section 5.
    \11\ The Fitness Standards are available on OCC's public
website: https://www.theocc.com/about/corporate-information/board-charter.jsp.
    \12\ See OCC's Fitness Standards at 1-2; see also OCC Governance
and Nominating Committee Charter (``GNC Charter'') at 3 (providing
that the GNC shall identify, screen, and review individuals
qualified to be elected or appointed to serve as Member Directors
consistent with the Fitness Standards), available on OCC's public
website at https://www.theocc.com/about/corporate-information/board-committee-charters.jsp; OCC By-Laws Article III, Section 2,
Interpretation and Policy .01 (providing that the GNC shall use the
Fitness Standards for Directors, Clearing Members, and Others in
considering Member Director nominees).
    \13\ Additional criteria for Member Directors include: (i)
Balanced representation among all Clearing Members; (ii) balanced
representation of all business activities of Clearing Members; (iii)
nature of the firm with which each prospective director is
associated; (iv) industry affiliations; (v) assure that not all
Member Directors are representatives of the largest Clearing Member
Organizations based on the prior year's volume; and (vi) develop a
mix of Member Directors that includes representatives of Clearing
Member Organizations that are primarily engaged in agency trading on
behalf of retail customers or individual investors. Fitness
Standards at 2.
    \14\ GNC Charter at 3-4.
---------------------------------------------------------------------------

Member Director Term Limits

    Member Directors are the only type of OCC directors currently
subject to term limits. Specifically, Member Directors are limited to
serving two consecutive three-year terms for a total of six consecutive
years of Board service (excluding any time that may be served filling a
vacancy).\15\ All other

directors--Exchange Directors, Public Directors, and the Management
Director--are not subject to any term limits.\16\
---------------------------------------------------------------------------

    \15\ OCC By-Laws, Article III, Section 2(a). For example, a
Member Director who is appointed in 2018 to fill a vacancy and then
is elected to serve a three-year term beginning in 2020 would
currently be eligible to serve out two consecutive three-year terms
ending in 2026.
    \16\ The Commission previously approved the removal of term
limits for Public Directors in 2016. Exchange Act Release No. 34-
78862 (Sept. 16, 2016), 81 FR 65415, 65427 (Sept. 22, 2016) (SR-OCC-
2016-002).
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Exchange Act directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Exchange Act and the rules and regulations
thereunder applicable to such organization.\17\ After carefully
considering the Proposed Rule Change, the Commission finds the proposal
is consistent with the requirements of the Exchange Act and the rules
and regulations thereunder applicable to OCC. More specifically, the
Commission finds that the proposal is consistent with Section
17A(b)(3)(C) of the Exchange Act \18\ and Rules 17Ad-22(e)(2)(i),
(e)(2)(iii), and (e)(2)(iv) thereunder.\19\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(C).
    \18\ 15 U.S.C. 78q-1(b)(3)(C).
    \19\ 17 CFR 240.17Ad-22(e)(i), (iii), and (iv).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(C) of the Exchange Act

    Section 17A(b)(3)(C) of the Exchange Act \20\ requires, among other
things, that the rules of a clearing agency assure a fair
representation of its participants in the selection of its directors
and administration of its affairs.\21\ The Exchange Act does not define
fair representation or set up particular standards of representation.
The Commission has stated that, ``at a minimum, fair representation
requires that the entity responsible for nominating individuals for
membership on the board of directors should be obligated by by-law or
rule to make nominations with a view toward assuring fair
representation of the interests of shareholders and a cross-section of
the community of participants.'' \22\ The Commission believes that the
Proposed Rule Change is consistent with the fair representation
requirement.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78q-1(b)(3)(C).
    \21\ See supra note 7.
    \22\ Exchange Act Release No. 34-20221 (Sept. 23, 1983), 48 FR
45167, 45172 (Oct. 3, 1983) (Depository Trust Co., et al.; Order).
---------------------------------------------------------------------------

    First, the Commission agrees that increasing the number of three-
year terms that Member Directors may serve from two to three could
provide OCC with the ability to retain the experience of Member
Directors who, among other considerations, may have developed
considerable knowledge about OCC's business and the interests of
Clearing Members and therefore could bring significant value to OCC's
governance process. Moreover, the mechanisms described above in the
applicable By-Laws and board committee charters would continue to
require the GNC to endeavor to achieve balanced representation among
Clearing Members on the Board when nominating Member Directors and in
conducting reviews of the Board's composition.\23\ The Commission
believes that these mechanisms should be sufficient to continue to
promote the fair representation of Clearing Members, while still
permitting OCC to potentially retain the services of experienced Member
Directors. Further, the Commission notes that the Proposed Rule Change
would not guarantee the nomination or election of a Member Director to
a third consecutive term. For these reasons, the Commission believes
that the Proposed Rule Change is consistent with Section 17A(b)(3)(C)
of the Exchange Act.\24\
---------------------------------------------------------------------------

    \23\ See supra notes 10-13.
    \24\ 15 U.S.C. 78q-1(b)(3)(C).
---------------------------------------------------------------------------

B. Consistency With Rules 17Ad-22(e)(2)(i), (e)(2)(iii), and (e)(2)(iv)
Under the Exchange Act

    Rules 17Ad-22(e)(2)(i), (e)(2)(iii), and (e)(2)(iv) under the
Exchange Act require that a covered clearing agency, such as OCC,
establish, implement, maintain, and enforce written policies and
procedures reasonably designed to provide for governance arrangements
that, among other things: Are clear and transparent; support the public
interest requirements in Section 17A of the Exchange Act applicable to
clearing agencies, and the objectives of owners and participants; and
establish that the board of directors and senior management have
appropriate experience and skills to discharge their duties and
responsibilities.\25\ The Commission believes that the Proposed Rule
Change is consistent with these provisions of Rule 17Ad-22(e)(2) for
the following reasons.
---------------------------------------------------------------------------

    \25\ 17 CFR 240.17Ad-22(e)(i), (iii), and (iv).
---------------------------------------------------------------------------

    First, the revised term limits for Member Directors would be set
forth explicitly in OCC's By-Laws and Board Charter, both of which are
available on the OCC website. We believe that, by making these
documents publicly available and easily accessible, OCC would be
providing clear and transparent governance arrangements consistent with
the requirements of Rule 17Ad-22(e)(2)(i).\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 240.17Ad-22(e)(i).
---------------------------------------------------------------------------

    Second, for the same reasons we believe the Proposed Rule Change is
consistent with the fair representation requirements under Section
17A(b)(3)(C) of the Exchange Act,\27\ as discussed above in Section
III.A, the Commission believes that the Proposed Rule Change is
consistent with Rule 17Ad-22(e)(2)(iii)'s \28\ requirement that OCC
establish, implement, maintain, and enforce written policies and
procedures reasonably designed to provide for governance arrangements
that support the public interest requirements in Section 17A of the
Exchange Act applicable to clearing agencies and the objectives of
owners and participants.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78q-1(b)(3)(C).
    \28\ 17 CFR 240.17Ad-22(e)(iii).
---------------------------------------------------------------------------

    Finally, by providing OCC with the potential ability to retain the
experience of Member Directors who, among other considerations, may
have developed considerable knowledge about OCC's business and the
interests of Clearing Members that may be difficult to replace and that
could bring significant value to OCC's governance process, we believe
that the Proposed Rule Change would promote a Board composition in
which OCC's directors have appropriate experience and skills to
discharge their duties and responsibilities. Accordingly, the
Commission believes that ensuring that OCC has the flexibility to have
Member Directors serve a third consecutive three-year term should help
to ensure that OCC's Board has the appropriate experience and skills to
discharge their responsibilities, consistent with the requirements of
Rule 17Ad-22(e)(iv).\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 240.17Ad-22(e)(iv).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
Proposed Rule Change is consistent with the requirements of the
Exchange Act, and in particular, the requirements of Section 17A of the
Exchange Act \30\ and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \30\ In approving this Proposed Rule Change, the Commission has
considered the proposed rules' impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\31\ that the Proposed Rule Change (SR-OCC-2018-013) be,
and hereby is, approved.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(2).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2018-27612 Filed 12-20-18; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

SUBJECT:	Busan 77 – Incident Report Summary

PC Code: 	069183

FROM:	Jonathan Chen, Ph.D.

	Toxicologist

	Risk Assessment and Science Support Branch (RASSB)

Antimicrobial Division (7510C)

THROUGH:	Norm Cook

Chief

RASSB / AD

TO:		ShaRon Carlisle, Chemical Review Manager

		Regulatory Management Branch II

		Antimicrobials Division (7510P)

Attached is RASSB’s incident reports summary associated with Busan 77.

INCIDENT REPORTS ASSOCIATED WITH

Busan 77

 (PC CODE: 069183)

August 3, 2007

U.S. Environmental Protection Agency

Office of Pesticide Programs

Antimicrobials Division

TABLE OF CONTENTS

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc174154284"  0.0
INTRODUCTION	  PAGEREF _Toc174154284 \h  1

  HYPERLINK \l "_Toc174154285"  1.0 	INCIDENT REPORT DATA ASSOCIATED
WITH HEALTH EFFECTS	  PAGEREF _Toc174154285 \h  1

  HYPERLINK \l "_Toc174154286"  1.1	OPP’s Incident Data System (IDS)
PAGEREF _Toc174154286 \h  2

  HYPERLINK \l "_Toc174154287"  1.2	Poison Control Center (1993 –
1998)	  PAGEREF _Toc174154287 \h  2

  HYPERLINK \l "_Toc174154288"  1.4	National Pesticide
Telecommunications Network (NPTN)	  PAGEREF _Toc174154288 \h  3

  HYPERLINK \l "_Toc174154289"  1.5	Incident Reports / Epidemiological
Studies Published in Scientific Literature	  PAGEREF _Toc174154289 \h  3

  HYPERLINK \l "_Toc174154290"  2.0 	CONCLUSION	  PAGEREF _Toc174154290
\h  3

0.0	INTRODUCTION tc \l1 "0.0	INTRODUCTION

The purpose of this chapter is to review the evidence of health effects
in humans resulting from exposure to Busan77.

Two approaches are used in this section:

The potential health effects of Busan77 in humans, reported as incident
reports from different sources, are summarized.

A literature search of chronic health effects associated with Busan77
exposure, including results of epidemiological studies, is summarized.

1.0 	INCIDENT REPORT DATA ASSOCIATED WITH HEALTH EFFECTS

The following databases have been consulted for incident data:

OPP Incident Data System (IDS) - The Incident Data System of The Office
of Pesticide Programs (OPP) of the Environmental Protection Agency (EPA)
contains reports of incidents from various sources, including
registrants, other federal and state health and environmental agencies
and individual consumers, submitted to OPP since 1992.  Reports
submitted to the Incident Data System represent anecdotal reports or
allegations only, unless otherwise stated.  Typically no conclusions can
be drawn implicating the pesticide as a cause of any of the reported
health effects.  Nevertheless, sometimes with enough cases and/or enough
documentation risk mitigation measures may be suggested.

Poison Control Centers - as the result of a data purchase by EPA, OPP
received Poison Control Center data covering the years 1993 through 1998
for all pesticides.  Most of the national Poison Control Centers (PCCs)
participate in a national data collection system, the Toxic Exposure
Surveillance System, which obtains data from about 65-70 centers at
hospitals and universities.  PCCs provide telephone consultation for
individuals and health care providers on suspected poisonings involving
drugs, household products, pesticides, etc.

California Department of Pesticide Regulation - California has
collected uniform data on suspected pesticide poisonings since 1982.
Physicians are required, by statute, to report to their local health
officer all occurrences of illness suspected of being related to
exposure to pesticides.  The majority of the incidents involve workers.
Information on exposure (worker activity), type of illness (systemic,
eye, skin, eye/skin and respiratory), likelihood of a causal
relationship, and number of days off work and in the hospital are
provided.

National Pesticide Telecommunications Network (NPTN) - NPTN is a
toll-free information service supported by OPP.  A ranking of the top
200 active ingredients for which telephone calls were received during
calendar years 1984-1991, inclusive, has been prepared.  The total
number of calls was tabulated for the categories of human incidents,
animal incidents, calls for information, and others.

1.1	OPP’s Incident Data System (IDS) tc \l2 "1.1 	OPPs Incident Data
System (IDS)

There are 34 human incidences that have been reported in the OPP
incident data system are associated with Busan77 exposure.  The symptoms
associated with these incidences are classified as minor or moderate.
There is no severe symptoms been reported associated with Busan 77
exposure.  The most common symptoms reported for cases of dermal
exposure were skin irritation/burning, rash, itching and skin
discoloration/redness.  The most common symptoms reported for cases of
inhalation exposure were minor respiratory irritation/burning. In some
case, headache is reported after inhalation exposure.  The symptoms
associated ocular exposure including blurred vision, edema and
irritation around eyes.

1.2	Poison Control Center (1993 – 1998) tc \l2 "1.2 	 Poison Control
Center

Besides the incidences been covered in the OPP IDS, there is no reported
Busan77 specific incident in the PCC’ s database.

1.3	California Data - 1982 through 2003

There is no incident Busan77 specific incident reported in the

1.4	National Pesticide Telecommunications Network (NPTN) tc \l2 "1.4
National Pesticide Telecommunications Network (NPTN)

There is no incident reported in the NPTN database related to Busan 77
exposure.

1.5	Incident Reports / Epidemiological Studies Published in Scientific
Literature

There is no incident can be located related to Busan 77 exposure.

2.0 	CONCLUSION

Although limited incidents reported in OPP IDS show exposure to Busan 77
may have some irritation concern through dermal, inhalation, and/or
ocular exposure, most of the symptoms are consider minor.  There is no
severe incident been reported associated with Busan 77 exposure.  There
is no epidemiological study can be located associated with Busan77
exposure.

 PAGE

 PAGE  2


[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10111-10112]
[FR Doc No: 2023-03461]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meetings

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

AGENCY HOLDING MEETING:  Federal Energy Regulatory Commission.

TIME AND DATE: Feburary 16, 2023, 10:00 a.m.

PLACE: Room 2C, 888 First Street NE, Washington, DC 20426.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: Agenda. * NOTE--Items listed on the agenda
may be deleted without further notice.

CONTACT PERSON FOR MORE INFORMATION:  Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items stricken from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's website at https://elibrary.ferc.gov/eLibrary/search using
the eLibrary link.

                                                 1098th--Meeting
                                  [Open Meeting; February 16, 2023; 10:00 a.m.]
----------------------------------------------------------------------------------------------------------------
        Item No.                     Docket No.                                    Company
----------------------------------------------------------------------------------------------------------------
                                                 ADMINISTRATIVE
----------------------------------------------------------------------------------------------------------------
A-1.....................  AD23-1-000......................  Agency Administrative Matters.
A-2.....................  AD23-2-000......................  Customer Matters, Reliability, Security and Market
                                                             Operations.
----------------------------------------------------------------------------------------------------------------
                                                    ELECTRIC
----------------------------------------------------------------------------------------------------------------
E-1.....................  RD23-1-000......................  North American Electric Relaibility Corporation.
E-2.....................  ER19-776-002, ER19-809-002        Midcontinent Independent System Operator, Inc.
                           (consolidated).
E-3.....................  ER22-495-002, ER22-495-003......  Midcontinent Independent System Operator, Inc.
E-4.....................  ER22-496-002....................  Midcontinent Independent System Operator, Inc.
E-5.....................  ER20-1739-002, ER20-1739-003,     American Transmission Systems, Incorporated, PJM
                           ER20-1739-000.                    Interconnection, L.L.C.
E-6.....................  ER20-1951-002, ER20-1951-003,     Mid-Atlantic Interstate Transmission, LLC, PJM
                           ER20-1951-000.                    Interconnection, L.L.C.
E-7.....................  ER22-2371-001, ER22-2372-001....  Southwest Power Pool, Inc.
E-8.....................  ER23-737-000....................  North Fork Solar Project, LLC.
E-9.....................  ER23-137-000....................  ZEP Grand Prairie Wind, LLC.
E-10....................  ER22-709-003....................  Southwest Power Pool, Inc.
E-11....................  ER22-2988-000...................  DLS--Laskin Project Co, LLC.
                          ER22-2990-000...................  DLS--Sylvan Project Co, LLC.
                          ER22-2991-000...................  DLS--Jean Duluth Project Co, LLC.
E-12....................  EC21-77-001.....................  FirstEnergy Corp.
E-13....................  EL21-77-003.....................  Tenaska Clear Creek Wind, LLC v. Southwest Power
                                                             Pool, Inc.
E-14....................  EL21-56-001.....................  Louisiana Public Service Commission, Arkansas Public
                                                             Service Commission, and Council of the City of New
                                                             Orleans, Louisiana v. System Energy Resources,
                                                             Inc., Entergy Services, LLC, Entergy Operations,
                                                             Inc., and Entergy Corporation.
E-15....................  EL22-42-000.....................  RENEW Northeast, Inc. and the American Clean Power
                                                             Association v. ISO New England Inc.
E-16....................  EL22-30-001.....................  Southwestern Public Service Company v. Southwest
                                                             Power Pool, Inc.
E-17....................  EL23-7-000......................  Generate Capital, PBC.
----------------------------------------------------------------------------------------------------------------
                                                      HYDRO
----------------------------------------------------------------------------------------------------------------
H-1.....................  P-2816-050......................  North Hartland, LLC.
H-2.....................  P-2354-152......................  Georgia Power Company.
H-3.....................  P-2100-185......................  California Department of Water Resources.
H-4.....................  P-2530-061......................  Brookfield White Pine Hydro LLC.
----------------------------------------------------------------------------------------------------------------
                                                  CERTIFICATES
----------------------------------------------------------------------------------------------------------------
C-1.....................  CP22-141-000....................  Great Basin Gas Transmission Company.
C-2.....................  OMITTED.........................

C-3.....................  CP23-29-000.....................  Saguaro Connector Pipeline, L.L.C.
C-4.....................  CP22-227-000....................  Columbia Gas Transmission, LLC.
C-5.....................  CP16-10-010, CP19-477-002, CP21-  Mountain Valley Pipeline, LLC.
                           57-002.
----------------------------------------------------------------------------------------------------------------

    A free webcast of this event is available through the Commission's
website. Anyone with internet access who desires to view this event can
do so by navigating to www.ferc.gov's Calendar of Events and locating
this event in the Calendar. The Federal Energy Regulatory Commission
provides technical support for the free webcasts. Please call (202)
502-8680 or email [email protected] if you have any questions.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters but will not be telecast.

    Issued: February 9, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03461 Filed 2-14-23; 4:15 pm]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51342-51343]
[FR Doc No: 2015-20791]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75722; File No. SR-NYSEARCA-2015-70]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services To
Modify the Credits the Exchange Provides for Routing Certain Orders to
the New York Stock Exchange LLC

August 18, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 3, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the NYSE Arca Equities Schedule of
Fees and Charges for Exchange Services (``Fee Schedule'') to modify the
credits the Exchange provides for routing certain orders to the New
York Stock Exchange LLC (``NYSE''). The text of the proposed rule
change is available on the Exchange's Web site 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 the Fee Schedule to modify the Tier
1 and Tier 2 credits the Exchange provides for routing PO+ Orders \4\
to the NYSE and make corresponding changes in the Basic Rate pricing.
---------------------------------------------------------------------------

    \4\ A PO+ Order is a Primary Only Order (i.e., a market or limit
order that is to be routed to the primary market) that is entered
for participation in the primary market, other than for
participation in the primary market opening or primary market re-
opening. See NYSE Arca Equities Rule 7.31(f)(1)(C).
---------------------------------------------------------------------------

    A PO+ Order is designed to route to the primary listing market of
the security underlying the order (i.e., NYSE, NASDAQ, etc.)
immediately upon arrival and the order therefore does not rest on the
Exchange's order book. Because PO+ Orders do not rest on the Exchange's
book, the Exchange charges fees or provides credits for those orders
based on the fees or credits of the destination primary listing market,
which are the fees and credits that the Exchange is charged by the
primary listing market that receives the order.
    In a recent rule filing, the NYSE modified its fee structure for
equities transaction by decreasing the level of rebate that it provides
to its members that provide liquidity from $0.0015 per share to $0.0014
per share.\5\ In order to maintain the same relationship between the
rate that the Exchange charges for a PO+ Order and the rebate provided
by the destination venue, the Exchange is also amending the per share
credit for PO+ Orders routed to the NYSE that provide liquidity to the
NYSE to $0.0014 per share. The Exchange proposes corresponding changes
to the Basic Rate pricing section of the Fee Schedule.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 75353 (July 2,
2015), 80 FR 39468 (July 9, 2015) (SR-NYSE-2015-30).
---------------------------------------------------------------------------

    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that ETP
Holders would have in complying with the proposed changes.
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 (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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to routing credits
for PO+ Orders that provide liquidity to the NYSE are reasonable
because the Exchange's credits for routing an order that does not rest
on the Exchange's order book, but rather is designed to route to the
primary listing market on arrival, are closely related to the NYSE's
rebates for its members for providing liquidity, and the proposed
change is consistent with the recent change to the NYSE Price List to
lower its rebate for providing liquidity. While the proposed change
would result in a decrease in the per share credit for PO+ Orders
routed to the NYSE that provide liquidity to the NYSE, the rebate that
the Exchange would provide to ETP Holders is competitive with the rate
that NYSE provides to its members for providing liquidity and would
maintain the same relationship between the rebate provide

by the venue to which the PO+ Order is routed and the fees charged by
the Exchange for such orders. Further, the proposed change is equitable
and not unfairly discriminatory because the rebate would apply
uniformly across pricing tiers and all similarly situated ETP Holders
would be subject to the same credit.
    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 these 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,\8\ 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. In particular, the routing credits would not place
a burden on competition because the Exchange is maintaining the
existing relationship between the rebate provided by the Exchange for
PO+ Order that are routed to the NYSE that provide liquidity on the
NYSE and the rebate the NYSE provides to its members that provide
liquidity.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(8).
    \9\ See supra note 5.
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
this proposal promotes a competitive environment.

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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEARCA-2015-70 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2015-70. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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 will also be available
for inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEARCA-2015-70 and should be submitted on or before
September 14, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-20791 Filed 8-21-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Notices]
[Pages 6102-6103]
[FR Doc No: 2012-2714]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 3

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG12-30-000
    Applicants: Spring Valley Wind LLC
    Description: Self-Certification of EG of Spring Valley Wind LLC.
    Filed Date: 1/31/12
    Accession Number: 20120131-5153
    Comments Due: 5 p.m. ET 2/21/12

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER12-938-000
    Applicants: Pacific Gas and Electric Company
    Description: CCSF IA--36th Quarterly Filing of Facilities
Agreements to be effective 12/31/2011.
    Filed Date: 1/31/12
    Accession Number: 20120131-5000
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-939-000
    Applicants: PacifiCorp
    Description: PAC Energy NITSA Rev 12 to be effective 1/1/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5001
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-943-000
    Applicants: ITC Midwest LLC
    Description: Filing of Amended and Restated Agreement to be
effective 4/2/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5065
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-944-000
    Applicants: ITC Midwest LLC
    Description: Filing of Amended and Restated Agreement to be
effective 4/2/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5073
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-945-000
    Applicants: Southern California Edison Company
    Description: Notices of Cancellation of 8 Letter Agreements with
SCE-GBU for Roof Top Solar Projects to be effective 4/1/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5104
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-946-000
    Applicants: PJM Interconnection, L.L.C.
    Description: ISA for Integration of Duke Energy Ohio, Inc. Into PJM
SA No. 3192 to be effective 1/1/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5106
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-947-000
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee
    Description: FCM Conforming Changes to be effective 6/1/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5117
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-948-000
    Applicants: Accent Energy Midwest II LLC
    Description: Baseline new Market Based Rates to be effective 2/1/
2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5163
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-949-000
    Applicants: PacifiCorp
    Description: Black Hills NITSA and Long Term Firm Point to Point
Service Agreement to be effective 1/1/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5167
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-950-000
    Applicants: Public Service Company of Colorado
    Description: Public Service Company of Colorado submits Notice of
Termination of Rate Schedule No. 63.
    Filed Date: 1/31/12
    Accession Number: 20120131-5287
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-951-000
    Applicants: New England Power Pool Participants Committee
    Description: Feb 2012 Membership Filing to be effective 1/1/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5290
    Comments Due: 5 p.m. ET 2/21/12

    Docket Numbers: ER12-952-000
    Applicants: Essential Power, LLC
    Description: Application for Market-Based Rate Authority to be
effective 4/1/2012.
    Filed Date: 1/31/12
    Accession Number: 20120131-5291
    Comments Due: 5 p.m. ET 2/21/12

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

    Docket Numbers: ES12-19-000
    Applicants: Alliant Energy Corporate Services, Inc.
    Description: Application of Alliant Energy Corporate Services,
Inc., for FPA Section 204 Authorization.
    Filed Date: 1/31/12
    Accession Number: 20120131-5288
    Comments Due: 5 p.m. ET 2/21/12

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA11-4-000
    Applicants: Spring Canyon Energy LLC, Judith Gap Energy LLC,
Invenergy TN LLC, Wolverine Creek Energy LLC, Grays Harbor Energy LLC,
Forward Energy LLC, Willow Creek Energy LLC, Sheldon Energy LLC, Hardee
Power Partners Limited, Spindle Hill Energy LLC, Invenergy Cannon Falls
LLC, Beech Ridge Energy LLC, Grand Ridge Energy LLC, Grand Ridge Energy
II LLC, Grand Ridge Energy III LLC, Grand Ridge Energy IV LLC, Grand
Ridge Energy V LLC, VantageWind Energy LLC, Stony Creek Energy LLC,
Gratiot CountyWind LLC, Gratiot CountyWind II LLC, Bishop Hill Energy
LLC, Bishop Hill Energy II LLC, Bishop Hill Energy III LLC

    Description: Generation Site Report Fourth Quarter 2011 of Spring
Canyon Energy LLC, et al.
    Filed Date: 1/31/12
    Accession Number: 20120131-5126
    Comments Due: 5 p.m. ET 2/21/12

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 pm
Eastern time on the specified comment date. Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 31, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-2714 Filed 2-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42512-42513]
[FR Doc No: 2018-18045]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2018-P-1335 and FDA-2018-P-1361]

Determination That DITROPAN XL (Oxybutynin Chloride) Extended
Release Tablets, 15 Milligrams, Were Not Withdrawn From Sale for
Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that DITROPAN XL (oxybutynin chloride) Extended Release
Tablets, 15 milligrams (mg), were not withdrawn from sale for reasons
of safety or effectiveness. This determination will allow FDA to
approve abbreviated new drug applications (ANDAs) for DITROPAN XL
(oxybutynin chloride) Extended Release Tablets, 15 mg, if all other
legal and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Glen Cheng, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 51, Rm. 6210, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    DITROPAN XL (oxybutynin chloride) Extended Release Tablets, 5 mg,
10 mg, and 15 mg, are the subject of NDA 020897, held by Janssen
Pharmaceuticals Inc., and initially approved on December 16, 1998.
DITROPAN XL is indicated for the treatment of overactive bladder with
symptoms of urge urinary incontinence, urgency, and frequency, and for
the treatment of pediatric patients aged 6 years and older with
symptoms of detrusor overactivity associated with a neurological
condition (e.g., spina bifida).
    In a letter dated December 14, 2017, Janssen Pharmaceuticals Inc.
notified FDA that DITROPAN XL (oxybutynin chloride) Extended Release
Tablets, 15 mg, were being discontinued, and FDA moved the drug product
to the ``Discontinued Drug Product List'' section of the Orange Book.
Although DITROPAN XL (oxybutynin chloride) Extended Release Tablets, 5
mg and 10 mg, were also previously listed in the ``Discontinued Drug
Product List'' section of the Orange Book, they are now listed in the
``Prescription Drug Product List'' section of the Orange Book.
    Hyman, Phelps & McNamara, P.C., submitted a citizen petition dated
March 30, 2018 (Docket No. FDA-2018-P-1335), and Ajanta Pharma Limited
submitted a citizen petition dated April 2, 2018 (Docket No. FDA-2018-
P-1361), under 21 CFR 10.30, requesting that the Agency determine
whether DITROPAN XL (oxybutynin chloride) Extended Release Tablets, 5
mg, 10 mg, and 15 mg, were withdrawn from sale for reasons of safety or
effectiveness.
    As noted, DITROPAN XL (oxybutynin chloride) Extended Release
Tablets, 5 mg and 10 mg, are no longer listed in the ``Discontinued
Drug Product List'' section of the Orange Book, and therefore we need
not determine whether they were withdrawn from sale for reasons of
safety or effectiveness.
    With regard to DITROPAN XL (oxybutynin chloride) Extended Release
Tablets, 15 mg, after considering the citizen petition and reviewing
Agency records, and based on the information we have at this time, FDA
has determined under Sec.  314.161 that DITROPAN XL (oxybutynin
chloride) Extended Release Tablets, 15 mg, were not withdrawn from sale
for reasons of safety or effectiveness. The petitioners have identified
no data or other information suggesting that this drug

product was withdrawn for reasons of safety or effectiveness. We have
carefully reviewed our files for records concerning the withdrawal of
DITROPAN XL (oxybutynin chloride) Extended Release Tablets, 15 mg, from
sale. We have also independently evaluated relevant literature and data
for possible postmarketing adverse events. We have found no information
that would indicate that this drug product was withdrawn from sale for
reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list DITROPAN XL
(oxybutynin chloride) Extended Release Tablets, 15 mg, in the
``Discontinued Drug Product List'' section of the Orange Book. The
``Discontinued Drug Product List'' delineates, among other items, drug
products that have been discontinued from marketing for reasons other
than safety or effectiveness. ANDAs that refer to DITROPAN XL
(oxybutynin chloride) Extended Release Tablets, 15 mg, may be approved
by the Agency as long as they meet all other legal and regulatory
requirements for the approval of ANDAs. If FDA determines that labeling
for this drug product should be revised to meet current standards, the
Agency will advise ANDA applicants to submit such labeling.

    Dated: August 15, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-18045 Filed 8-21-18; 8:45 am]
 BILLING CODE 4164-01-P