[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44721-44723]
[FR Doc No: 2017-20590]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-7055; Airspace Docket No. 15-AWP-11]

Establishment of Restricted Area R-2306F; Yuma Proving Ground, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes restricted area R-2306F in the
vicinity of Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. The
restricted area allows Yuma Proving Ground (YPG) to maximize the
existing fixed infrastructure to support current and future hazardous
test programs while minimizing the risk to public and non-participating
aircraft. These programs involve ground and airborne testing of non-
eye-safe lasers, high energy radars and the development of unproven
weapon systems and this ensures the safer testing and evaluation of
these programs without impacting non-participating aircraft and general
public.

DATES: Effective date 0901 UTC, December 7, 2017.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group,
Office of Airspace Services, Federal

Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; 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
the 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 modifies the air traffic service route structure in the
north central United States to maintain the efficient flow of air
traffic.

History

    On July 25, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) (81 FR 48364), Docket No. FAA-
2016-7055, to establish restricted area R-2306F, Yuma Proving Ground,
AZ.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. No comments were
received.

Differences From the NPRM

    Subsequent to publication of the NPRM, the FAA identified
geographic coordinates to more accurately reflect the existing
boundaries using digital charting capabilities. The geographic
coordinates identifying Laguna Army Airfield required a slight
adjustment to accurately reflect the exact location. The geographic
coordinates before and after Laguna Army Airfield needed to be
corrected to ensure the FAA digital database meet tolerances of gap
analysis.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 73 to establish a new restricted area (R-2306F) in the vicinity of
Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. This action also
incorporates the restricted area updates noted in the ``Differences
from the NPRM'' section of this final rule. The FAA is taking this
action for testing that includes both ground and air-to-ground
propagation of non-eye-safe lasers, high power radars and
developmental, unproven weapons systems. Testing includes the actual
operation of these systems using various proven and unproven aircraft
platforms. Due to the hazards of these systems, it is imperative that
these activities be segregated within a restricted area. The changes
from the NPRM are as follows:
    R-2306F: The geographic coordinates proposed as ``lat.
32[deg]51'18'' N., long. 114[deg]19'29'' W.'' in the boundaries
description are changed to ``lat. 32[deg]51'19'' N., long.
114[deg]19'29'' W.'' Additionally, the geographic coordinates proposed
as ``lat. 32[deg]51'52'' N., long. 114[deg]23'34'' W.'' in the
boundaries description are changed to ``lat. 32[deg]51'53'' N., long.
114[deg]23'35'' W.'' Lastly, the geographic coordinates proposed as
``lat. 32[deg]49'30'' N., long. 114[deg]26'39'' W.'' in the boundaries
description are changed to ``lat. 32[deg]49'30'' N., long.
114[deg]26'38'' W.'' These coordinates are changed from the NPRM to
ensure the FAA digital database meet tolerances of gap analysis.

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
Department of Transportation (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 so minimal.
Since this is a routine matter that only affects air traffic procedures
and 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 of establishing a new
restricted area (R-2306F) in the vicinity of Laguna Army Airfield (LGF)
at Yuma Proving Ground, AZ, qualifies for FAA adoption as authorized
under 40 CFR 1506.3, and in accordance with FAA Order 1050.1F,
paragraphs 8-2 and 9-2, Adoption of Other Agencies' National
Environmental Policy Act Documents, and Written Re-evaluations, and
7400.2L, paragraph 32-2-3.
    FAA's environmental impact review included an independent
evaluation and adoption of the Army's Supplemental Environmental
Assessment (SEA) for Proposed Special Use Airspace at Laguna Army
Airfield, Yuma, Arizona which included the establishment of Restricted
Area Airspace R-2306F. The Army's SEA, for which the FAA was a
cooperating agency, was published July 2015 with issuance of its
Finding of No Significant Impact (FONSI) on September 28, 2015.
    The FAA has carefully considered its statutory mandate under 49
U.S.C. 40103 to ensure the safe and efficient use of the National
Airspace System as well as the other aeronautical goals and objectives
discussed in the Army's SEA, and has determined that the Army's
Proposed Action provides the best airspace combination for meeting the
needs stipulated in its SEA, that the SEA adequately assesses and
discloses the environmental impacts of the Proposed Action, and that
all practicable means to avoid or minimize environmental harm from that
alternative have been adopted. Additionally, the FAA has determined
that there have not been substantial changes to the Army's Proposed
Action relevant to environmental concerns, and that there are no
significant new circumstances or information relevant to environmental
concerns and bearing on the Proposed Action or its impacts. Therefore,
the FAA has concluded that an additional supplement to the Supplemental
EA is not required.
    A copy of the FAA's Adoption EA and FONSI/ROD document is available
at https://www.regulations.gov/ by referencing this docket number.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 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.  73.23  [Amended]

0
2. Section 73.23 is amended as follows:
* * * * *

R-2306F, Yuma West, AZ [New]

    Boundaries: Beginning at latitude 32[deg]51'52'' N., longitude
114[deg]26'52'' W.; to latitude 32[deg]52'30'' N., longitude
114[deg]21'03'' W.; to latitude 32[deg]51'15'' N., longitude
114[deg]21'03'' W.; to latitude 32[deg]51'19'' N., longitude
114[deg]19'29'' W.;

then clockwise along a 3.5 NM arc centered at latitude 32[deg]51'53''
N., longitude 114[deg]23'35'' W.; to latitude 32[deg]49'30'' N.,
longitude 114[deg]26'38'' W.; to latitude 32[deg]49'51'' N., longitude
114[deg]26'38'' W.; to latitude 32[deg]50'08'' N., longitude
114[deg]26'3'' W.; to latitude 32[deg]50'17'' N., longitude
114[deg]26'19'' W.; to latitude 32[deg]50'31'' N., longitude
114[deg]26'17'' W.; to latitude 32[deg]50'42'' N., longitude
114[deg]26'9'' W.; to latitude 32[deg]51'11'' N., longitude
114[deg]26'34'' W.; to the point of beginning.
    Designated altitudes: Surface to and including 1,700 feet MSL.
    Time of Designation: Intermittent, 0600-1800 local time, Monday-
Saturday; other times by NOTAM.
    Controlling Agency: Yuma Approach Control, MCAS Yuma, AZ.
    Using Agency: U.S. Army, Commanding Officer, Yuma Proving Ground,
Yuma, AZ.

    Issued in Washington, DC, on September 20, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-20590 Filed 9-25-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 1, 2006 (Volume 71, Number 21)]
[Notices]
[Page 5394-5396]
[DOCID:fr01fe06-164]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53180; File No. SR-Phlx-2005-90]

Self-Regulatory Organizations; Philadelphia Stock Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to a Session Fee Increase for the
Regulatory Element of the Continuing Education Program

January 26, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\, and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 23, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by Phlx. The
Exchange has designated this proposal as one establishing or changing a
due, fee, or other charge imposed by Phlx under Section 19(b)(3)(A)(ii)
of the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to amend its schedule of fees to increase the
Regulatory Element Session fee from $60 to $75 effective January 1,
2006. The text of this proposed rule change is

available on the Exchange's Web site (http://www.phlx.com), at the

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

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

1. Purpose
    The proposed rule change provides notice to the Exchange's
membership of the recent increase to the Regulatory Element Session fee
from $60 to $75 effective January 1, 2006. The Regulatory Element, a
computer-based education program administered by the National
Association of Securities Dealers, Inc. (``NASD'') to help ensure that
registered persons are kept up-to-date on regulatory, compliance, and
sales practice matters in the industry, is a component of the
Securities Industry Continuing Education Program (``Program''). The
Securities Industry/Regulatory Council on Continuing Education
(``Council'')\5\ was organized in 1995 to facilitate cooperative
industry/regulatory coordination of the administration and future
development of the Program in keeping with applicable industry
regulations and changing industry needs. Its roles include recommending
and helping develop specific content and questions for the Regulatory
Element, defining minimum core curricula for the Firm Element component
of the Program, and developing and updating information about the
Program for industry-wide dissemination.
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    \5\ The Council currently consists of 20 individuals, 14 of whom
are securities industry professionals associated with NASD member
firms, and six of whom represent self-regulatory organizations (the
American Stock Exchange LLC, the Chicago Board Options Exchange,
Inc., the Municipal Securities Rulemaking Board, NASD, the New York
Stock Exchange, Inc., and the Phlx).
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    It is the Council's responsibility to maintain the Program on a
revenue neutral basis while maintaining adequate reserves for
unanticipated future expenditures.\6\ In December 2003, the Council
voted to reduce the Regulatory Element session fee from $65 to $60
effective January 1, 2004, in order to reduce the reserves to a level
necessary to support current and expected programs and expenses. The
Council decided to review the reserve level and evaluate the Regulatory
Element session fee on an annual basis. The 2004 financial review and
evaluation produced no change in the Regulatory Element session fee. In
September 2005, the Council's annual financial review and evaluation
revealed that unless the Regulatory Element session fee were adjusted,
the Council's reserves were likely to be insufficient in 2006. The
reasons for the declining surplus are: (1) Lower than projected session
volume resulting in a significant decrease in actual revenue over
projected revenue; (2) higher delivery-related expenses beginning in
2006; and (3) costs associated with the rebuilding of
PROCTOR[supreg].\7\ At its September 2005 meeting, the Council voted
unanimously to increase the Regulatory Element session fee from $60 to
$75, effective January 1, 2006, in order to meet costs and maintain an
adequate reserve in 2006.
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    \6\ The Regulatory Element session fee was initially set at $75
when NASD established the continuing education requirements in 1995.
The fee was reduced in 1999 to $65 and again in 2004 to $60. The
proposed fee increase returns the Regulatory Element session fee to
its original level.
    \7\ PROCTOR[supreg] is a technology system that supports
computer-based testing and training. The Regulatory Element program
uses PROCTOR[supreg] to package content, deliver, score and report
results, and maintain and generate statistical data related to the
Program.
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    Pursuant to Exchange Rule 640, each registered person is required
to complete the Regulatory Element of the continuing education
program.\8\ The Regulatory Element Session fee continues to be payable
directly to the NASD. A notice will be provided to the Exchange's
membership of the increase in the fee and the effective date of the
increase.
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    \8\ See Exchange Rule 640(a)(1) which states, ``Each registered
person shall complete the Regulatory Element of the continuing
education program on the occurrence of their second registration
anniversary date(s), and every three years thereafter or as
otherwise prescribed by the Exchange. On each occasion, the
Regulatory Element must be completed within 120 days after the
person's registration anniversary date. A person's initial
registration date, also known as the ``base date,'' shall establish
the cycle of anniversary dates for purposes of this Rule. The
content of the Regulatory Element of the program shall be determined
by the Exchange for each registration category of persons subject to
the rule.''
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2. Statutory Basis
    The Exchange believes this is consistent with Section 6(b) of the
Act,\9\ in general, and furthers the objectives of Section 6(b)(4)\10\
and 6(b)(5)\11\ of the Act, in particular, in that it is an equitable
allocation of reasonable dues, fees, and other charges among Phlx
members and other persons using its facilities, and that Phlx rules
must be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, and, in
general, to protect investors and the public interest. Phlx believes
that the proposed rule change is designed to accomplish these ends by
enabling the Program to be maintained on a revenue neutral basis while
maintaining adequate reserves for unanticipated future expenditures.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Phlx does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \12\ and Rule
19b-4(f)(2) thereunder,\13\ because it establishes or changes a due,
fee or other charge imposed by the Exchange. Accordingly, the proposal
will take effect upon filing with the Commission. At any time within 60
days of the filing of the proposed rule change, the Commission may
summarily abrogate 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2005-90 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number SR-Phlx-2005-90. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
offices of the Phlx. 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-Phlx-2005-90 and should be submitted on or before February 22, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-1305 Filed 1-31-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18055-18057]
[FR Doc No: 2019-08609]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-E-1140]

Determination of Regulatory Review Period for Purposes of Patent
Extension; YESCARTA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for YESCARTA and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human
biological product.

DATES: Anyone with knowledge that any of the dates as published (see
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by June
28, 2019. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by October 28, 2019.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before June 28, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of June 28, 2019. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-E-1140 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; YESCARTA.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your

comments only as a written/paper submission. You should submit two
copies total. One copy will include the information you claim to be
confidential with a heading or cover note that states ``THIS DOCUMENT
CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will review this copy,
including the claimed confidential information, in its consideration of
comments. The second copy, which will have the claimed confidential
information redacted/blacked out, will be available for public viewing
and posted on https://www.regulations.gov. Submit both copies to the
Dockets Management Staff. If you do not wish your name and contact
information to be made publicly available, you can provide this
information on the cover sheet and not in the body of your comments and
you must identify this information as ``confidential.'' Any information
marked as ``confidential'' will not be disclosed except in accordance
with Sec.  10.20 (21 CFR 10.20) and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human biological products, the
testing phase begins when the exemption to permit the clinical
investigations of the biological becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human biological product and
continues until FDA grants permission to market the biological product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
biological product will include all of the testing phase and approval
phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human biologic product YESCARTA
(axicabtagene ciloleucel), a CD 19-directed genetically modified
autologous T cell immunotherapy indicated for the treatment of adult
patients with relapsed or refractory large B-cell lymphoma after two or
more lines of systemic therapy, including diffuse large B-cell lymphoma
(DLBCL) not otherwise specified, primary mediastinal large B-cell
lymphoma, high grade B-cell lymphoma, and DLBCL arising from follicular
lymphoma. Subsequent to this approval, the USPTO received a patent term
restoration application for YESCARTA (U.S. Patent No. 7,741,465) from
Cabaret Biotech Ltd., and the USPTO requested FDA's assistance in
determining the patent's eligibility for patent term restoration. In a
letter dated April 5, 2018, FDA advised the USPTO that this human
biological product had undergone a regulatory review period and that
the approval of YESCARTA represented the first permitted commercial
marketing or use of the product. Thereafter, the USPTO requested that
FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
YESCARTA is 3,243 days. Of this time, 3,041 days occurred during the
testing phase of the regulatory review period, while 202 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
December 3, 2008. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was December
3, 2008.
    2. The date the application was initially submitted with respect to
the human biological product under section 351 of the Public Health
Service Act (42 U.S.C. 262): March 31, 2017. The applicant claims
December 2, 2016, as the date the biologics license application (BLA)
for YESCARTA (BLA 125643) was initially submitted. However, FDA records
indicate that BLA 125643 was completely submitted on March 31, 2017,
which is considered to be the BLA initial submission date.
    3. The date the application was approved: October 18, 2017. FDA has
verified the applicant's claim that BLA 125643 was approved on October
18, 2017.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 1,498 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: April 24, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-08609 Filed 4-26-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Rules and Regulations]
[Pages 2893-2896]
[FR Doc No: 2016-31996]

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

Coast Guard

33 CFR Part 110

[Docket Number USCG-2014-0142]
RIN 1625-AA01

Anchorage Regulations: Special Anchorage Areas; Marina del Rey
Harbor, Marina del Rey, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the shape and reducing the size of
the special anchorage area in Marina del Rey Harbor, Marina del Rey,
California. Additionally, the Coast Guard is clarifying the language in
the note section of the existing regulation. This action is necessary
as it will create sufficient navigable water around the anchorage
allowing vessels to traffic the Marina del Rey channel without undue
maritime safety concerns.

DATES: This rule is effective February 9, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0142. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on the
Open Docket Folder on the line associated with this rulemaking. You may
also visit the Docket Management Facility in Room w12-140 on the ground
floor of the Department of Transportation, West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.
Monday through Friday, with the exception of federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Amber Napralla, Waterways
Management Division, U.S. Coast Guard District 11, telephone (510) 437-
2978, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
SNPRM Supplemental Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    In 1967, the Coast Guard placed the regulation for a special
anchorage area in the main channel of Marina del Rey in 33 CFR after
anchorage regulations were transferred from the Army Corps of Engineers
to the Coast Guard (32 FR 17726, 17737, December 12, 1967.) The
specific regulations and boundaries for this special anchorage area are
defined by coordinates found in 33 CFR 110.111.
    On May 28, 2014, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Anchorage Regulations; Special Anchorage
Area, Marina del Rey, California'' in the Federal Register (79 FR
30509, May 28, 2014) to disestablish the anchorage. The stated purpose
of the NPRM was to align the regulations with the main channel and
docking facilities in Marina del Rey harbor. Existing docks located in
the northern section of the harbor were built into the pre-existing
anchorage area at some point with no record of Coast Guard comment on
the construction or its impact on anchorage.
    On November 4, 2014, the Coast Guard published notice for a public
meeting (79 FR 65361, November 4, 2014) to hear concerns regarding the
proposed rulemaking. The meeting was held in Marina del Rey, CA on
November 20, 2014. The Coast Guard heard from six speakers. To ensure
maximum public input was considered, comments to the public docket were
kept open and considered through January 5, 2015. In addition to the
six speakers at the public meeting, 44 written submissions were made to
the docket. The speakers input and written submissions were reviewed
and taken into consideration.
    On February 29, 2016, based on the comments received, the Coast
Guard published a Supplemental Notice of Proposed Rulemaking (SNPRM)
(81 FR 10156, February 29, 2016) that proposed to maintain the special
anchorage area, but amend the boundaries and reduce the size of the
anchorage.
    On April 12, 2016, a public meeting was held in Marina del Rey, CA
and comments were open and considered on the docket until April 30,
2016. There was no public representation at the meeting and no comments
were submitted to the docket regarding the SNPRM.
    On July 14, 2016, the docket was reopened for comment (81 FR 45428,
July 14, 2016) for 30 days to provide additional opportunity for public
feedback on the SNPRM. During this period four written comments were
submitted via the Federal eRulemaking Portal and three comments were
sent directly to the Coast Guard via email.

III. Legal Authority and Need for Rule

    The legal basis for the final rule is: 33 U.S.C. 471, 1221 through
1236, and 2071; 33 CFR 1.05-1; and Department of Homeland Security
Delegation No. 0170.1. These authorities collectively authorize the
Coast Guard to define anchorage areas. A special anchorage area is a
designated water area within which vessels less than 65 feet (20
meters) in length are not required to sound signals required by Rule 35
of the Inland Navigation Rules (33 CFR 83.35) or exhibit the white
anchor lights or shapes required by Rule 30 of the Inland Navigation
Rules (33 CFR 83.30.) By regulation, special anchorage areas should be
well removed from the fairways and be located where general navigation
will not endanger or be endangered by unlighted vessels (33 CFR
109.10.) The purpose of this rule is to improve navigation safety by
clearly delineating between the designated anchorage and the navigation
channel, and by accommodating vessel traffic on all sides of the
anchorage.

IV. Discussion of Comments, Changes, and the Rule

    The Coast Guard received a total of 51 written comments and
recorded six speakers at a public meeting since the inception of this
rulemaking from November, 2014. The public docket for this rulemaking
includes all written submissions made through the Federal eRulemaking
Portal, the recorded transcripts of the public meetings and all other
documents pertaining to this topic. This correspondence can be found
where indicated under ADDRESSES.
    The original NPRM (USCG-2014-0142) was placed on May 28, 2014 and
the Coast Guard received a total of 32 written submissions to the
docket following this publication. Of the 32 submissions, 12 comments
requested a public hearing and additional time for public comment. As a
result, the Coast Guard held a public meeting in Marina del Rey on
November 20, 2014 and extended the online comment period to January 5,
2015. The Coast Guard heard from six speakers at the public meeting on
November 20, 2014 and received 12 additional written comments to the
docket, resulting in 44 total written comments to the docket. Of the 44
submissions, 32 comments requested to keep the anchorage as is or to
establish an alternate anchorage at another location in the harbor. The
Coast Guard understood the concerns of the comment submitters regarding
the need for a safe refuge for recreational vessels during storms or
other dangerous conditions and thus proposed a smaller anchorage at the
same site as an option for mariners in the SNPRM. The Coast Guard
received seven comments in support of removing the anchorage. Some
comments indicated that vessels anchoring in the existing anchorage
site in the main channel create an unsafe situation. Other comments
indicated that mariners rarely use the anchorage and that there is
little knowledge of its existence. The special anchorage area in
question is clearly marked on the chart with reference to the
applicable regulation. A copy of the National Oceanic and Atmospheric
Administration (NOAA) Office of Coast Survey chart number 18744 has
been posted to the docket for reference. In addition, Coast Pilot 7
contains information regarding the special anchorage area in Marina Del
Rey. Some comments expressed concern regarding the administration of
the special anchorage area by the Marina del Rey Harbormaster,
indicating that the Harbor Master does not allow vessels to anchor in
the area for other than emergency reasons. Local regulations
administered by the Harbor Master are outside the scope of Coast Guard
authority, and are not addressed in this rulemaking. At the public
meeting, the Coast Guard received two comments and questions concerning
proposed projects located in other areas within the harbor. The Coast
Guard responded to these comments and questions by indicating that
these comments addressed areas outside the anchorage area being
discussed. The Coast Guard indicated to the attendees that projects in
other areas within the harbor would not impact the existing anchorage
and were beyond the scope of the proposed rulemaking.
    The Coast Guard determined that the existing configuration of the
special anchorage area in Marina del Rey poses a safety concern because
it occupies the entire channel width at the north end of the harbor.
The SNPRM published on February 29, 2016 proposed a smaller special
anchorage area that allows vessel traffic to pass safely on all sides
of the designated anchorage and also amends the note to update
authority to the Marina del Rey Harbor Master for prescribing local
regulation for mooring and boating activities in the area. A public
meeting regarding the revised proposal in the SNPRM was held on April
12, 2016. No members of the public attended this meeting. The Federal
Register announcement for the

meeting was delayed due to administrative errors and was not available
for review until after the meeting. However, the meeting was advertised
locally and through direct outreach. The online comments for the docket
were open until April 30, 2016; no comments were made to the docket
during this time period. In light of the delayed announcement by the
Federal Register, the Coast Guard reopened the docket for comments on
July 15, 2016 to allow for an extended period of public comment. Seven
comments were received during this time; four via the online docket and
three via email bringing the total number to 51 written submissions to
the docket. Two comments were identical and appear to have been
incorrectly filed in the docket, as they addressed concerns with a
proposed anchorage on the east coast and were unrelated to the
anchorage in Marina del Rey. One comment supported the proposal, citing
safety concerns due to the increasing number of waterway users. One
comment to the docket and three email comments opposed disestablishment
of the Marina del Rey anchorage due to there not being an alternate
anchorage site for safe harbor in the area and the comments also
expressed concern regarding future development. These comments appear
to reference the original NPRM, proposing removal of the anchorage, not
the most recent SNPRM, proposing retention of the anchorage area with
an amended size and shape of the anchorage. The Coast Guard is
retaining the anchorage but is changing the shape and size of the
anchorage area to allow for safer transit around the anchorage for
recreational traffic. The reconfiguration of the anchorage area does
not accommodate further development as it more clearly delineates the
navigation channel on either side of the anchorage. Nothing in this
regulation prevents vessels from anchoring due to emergency situations.
    This final rule will decrease the size of the current anchorage in
Marina del Rey Harbor. The anchorage is currently a trapezoid-shaped
anchorage of approximately 0.48 square nautical miles. The Coast Guard
is changing the shape of the anchorage from a trapezoid to a
rectangular shape and reducing the size from 0.48 to 0.11 square
nautical miles. The revised anchorage will be moved to the middle of
the channel across from Burton Chace Park with its northern boundary
line extending from approximately the midpoint of Basin G south to the
midpoint of Basin H. The anchorage dimensions will be 1,154 feet in
length by 365 feet in width. The distance from the closest shore-side
dock to the anchorage boundary will be approximately 243 feet. The
anchorage boundaries are described, using precise coordinates, in the
final regulatory text at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard expects the economic impact of this proposed rule
will not be significant to the maritime and local community. The
existing anchorage is currently used only in emergency circumstances
and this final rule will not significantly reduce the number of vessels
using the anchorage.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This final rule may affect the following entities, some of
which might be small entities: Owners or operators of recreational
vessels that have a need to anchor in Marina del Rey special anchorage
area.
    This final rule will not have a significant impact on a substantial
number of small entities. Although this rule will decrease the size of
the special anchorage area, the dimensions provide sufficient room for
vessels to anchor without presenting a hazard to vessels transiting in
the channel.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    This rule has no tribal implications under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act (NEPA) of 1969.42 U.S.C. 4321-4370f, and have concluded that
this action is one of the category of actions that do not individually
or cumulatively have a significant effect on the human environment.
This rule involves the amendment of a currently-existing anchorage
area. Normally such actions are categorically excluded from further

review under paragraph 34(f) of Figure 2-1 of the Commandant
Instruction M16475.1D. A final environmental analysis checklist and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

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

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.01.

0
2. Revise Sec.  [thinsp]110.111 to read as follows:

Sec.  [thinsp]110.111  Marina del Rey Harbor, Calif.

    An area in the main channel encompassed within the following
described boundaries: Beginning at the northeasterly corner in position
latitude 33[deg]58'41.6'' N., longitude 118[deg]26'50.8'' W.; thence
southerly to latitude 33[deg]58'30.2'' N., longitude 118[deg]26'50.8''
W.; thence westerly to latitude 33[deg]58'30.2'' N., longitude
118[deg]26'55.1'' W.; thence northerly to latitude 33[deg]58'41.6'' N.,
longitude 118[deg]26'55.1'' W.; thence easterly to the point of origin.
All coordinates referenced North American Datum 1983.

    Note to 110.111:  The Marina del Rey Harbor Master, Los Angeles
County, prescribes local regulations for mooring and boating
activities in this area.

    Dated: December 2, 2016
T.A. Sokalzuk
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2016-31996 Filed 1-9-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Notices]
[Pages 8085-8086]
[FR Doc No: 2016-03291]

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

Coast Guard

[Docket No. USCG-2015-0694]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0040

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting approval for
reinstatement, without change, of the following collection of
information: 1625-0040, Application for Merchant Mariner Credential
(MMC), Application for Merchant Mariner Medical Certificate,
Applications for Merchant Mariner Medical Certificate for Entry Level
Ratings, Small Vessel Sea Service Form, DOT/USCG Periodic Drug Testing
Form, Disclosure Statement for Narcotics, DWI/DUI, and/or Other
Convictions, Merchant Mariner Medical Certificates, Recognition of
Foreign Certificate. Our ICR describes the information we seek to
collect from the public. Review and comments by OIRA ensure we only
impose paperwork burdens commensurate with our performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before March
18, 2016.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2015-0694] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email<EMAIL_ADDRESS>    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503,
attention Desk Officer for the Coast Guard.
    (3) Fax:<PHONE_NUMBER>. To ensure your comments are received in a
timely manner, mark the fax, attention Desk Officer for the Coast
Guard.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., STOP 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology. These
comments will help OIRA determine whether to approve the ICR referred
to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2015-0694], and must be received by March 18,
2016.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0040.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (80 FR 62079, October 15, 2015)
required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.
Accordingly, no changes have been made to the Collections.

Information Collection Request

    Title: Application for Merchant Mariner Credential (MMC),
Application for Merchant Mariner Medical Certificate, Application for
Merchant Mariner Medical Certificate for Entry Level Ratings, Small
Vessel Sea Service Form, DOT/USCG Periodic Drug Testing Form,
Disclosure Statement for Narcotics, DWI/DUI, and/or Other Convictions,
Merchant Mariner Medical Certificate, Recognition of Foreign
Certificate.
    OMB Control Number: 1625-0040.
    Summary: The Application for Merchant Mariner Credential (MMC),
Application for Merchant Mariner Medical Certificate, Application for
Merchant Mariner Medical Certificate for Entry Level Ratings, Small
Vessel Sea Service Form, DOAT/USCG Periodic Drug Testing Form,
Disclosure Statement for Narcotics, DWI/DUI, and/or Other Convictions,
contains the following information: signature of

applicant and supplementary material required to show that the mariner
meets the mandatory requirements for the credential or medical
certificate sought; proof of applicant passing all applicable vision,
hearing, medical, and/or physical exams; negative chemical test for
dangerous drugs; discharges or other documentary evidence of sea
service indicating the name, tonnage, propulsion mode and power of the
vessels, dates of service, capacity in which the applicant served, and
on what waters; and disclosure documentation for narcotics, DWI/DUI,
and/or other convictions.
    Need: Title 46 United States Code (U.S.C.) Subtitle II, Part E,
Title 46 Code of Federal Regulation (CFR) Part 10, Subpart B, and
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as amended (STCW Convention) and the
STCW Code, including the STCW Final Rule (Docket No. USCG-2004-17914)
published on December 24, 2013, requires MMC and Medical Certificate
applicants to apply at one of the Coast Guard's seventeen Regional
Examination Centers located nationwide. MMCs are established for
individuals who are required to hold a credential under Subtitle II.
The Coast Guard's National Maritime Center (NMC), Medical Evaluation
Division is responsible for evaluating fitness for duty of all merchant
mariners, in order to minimize safety risk to the Mariner
Transportation System. The Coast Guard NMC has the task of issuing MMCs
and Medical Certificates to applicants found qualified as to age,
character, habits of life, experience, professional qualifications, and
physical fitness. The instruments contained within OMB Control No.
1625-0040 serve as a means for the applicant to apply for a MMC and
Medical Certificate.
    Forms: CG-719B, Application for Merchant Mariner Credential (MMC);
CG-719C, Disclosure Statement for Narcotics, DWI/DUI, and/or Other
Convictions; CG-719K, Application for Merchant Mariner Medical
Certificate; CG-719K/E, Application for Merchant Mariner Medical
Certificate for Entry Level Ratings; CG-719S, Small Vessel Sea Service
Form; CG-719P, DOT/USCG Periodic Drug Testing Form.
    Respondents: Applicants for MMC, whether original, renewal,
duplicate, raise of grade, or a new endorsement on a previously issued
MMC. Applicants for Medical Certificates to include National and STCW
credentialed mariners, and first-class pilots.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden remains 47,444 hours a
year (CG-719B = 8,475 hours, CG-719K = 16,440 hours, CG-719K/E = 2,283
hours, CG-719S = 14,125 hours, CG-719P = 4,708 hours, and CG-719C =
1,413).

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: January 26, 2016.
Thomas P. Michelli,
U.S. Coast Guard, Deputy Chief Information Officer.
[FR Doc. 2016-03291 Filed 2-16-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Proposed Rules]
[Pages 55754-55756]
[FR Doc No: 2021-21861]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0813; Airspace Docket No. 19-AAL-74]
RIN 2120-AA66

Proposed Amendment of United States Area Navigation (RNAV) Route
T-275; Bethel, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend United States Area Navigation
(RNAV) route T-275 in the vicinity of Bethel, AK in support of a large
and comprehensive T-route modernization project for the state of
Alaska.

DATES: Comments must be received on or before November 22, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0813; Airspace Docket No. 19-AAL-74 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. 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 Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. 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_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 would expand the availability of RNAV in Alaska and
improve the efficient flow of air traffic within the National Airspace
System (NAS) by lessening the

dependency on ground based navigation.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2021-0813; Airspace Docket No. 19-AAL-74) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2021-0813; Airspace Docket No. 19-AAL-74.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 2200 South 216th St.,
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend 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 service
routes, and reporting points.

Background

    In 2003, Congress enacted the Vision 100-Century of Aviation
Reauthorization Act (Pub L., 108-176), which established a joint
planning and development office in the FAA to manage the work related
to the Next Generation Air Transportation System (NextGen). Today,
NextGen is an ongoing FAA-led modernization of the nation's air
transportation system to make flying safer, more efficient, and more
predictable.
    In support of NextGen, this proposal is part of a larger and
comprehensive T-route modernization project in the state of Alaska. The
project mission statement states: ``To modernize Alaska's Air Traffic
Service route structure using satellite based navigation Development of
new T-routes and optimization of existing T-routes will enhance safety,
increase efficiency and access, and will provide en route continuity
that is not subject to the restrictions associated with ground based
airway navigation.'' As part of this project, the FAA evaluated the
existing Colored Airway structure for: (a) Direct replacement (i.e.,
overlay) with a T-route that offers a similar or lower Minimum En route
Altitude (MEA) or Global Navigation Satellite System Minimum En route
Altitude (GNSS MEA); (b) the replacement of the colored airway with a
T-route in an optimized but similar geographic area, while retaining
similar or lower MEA; or (c) removal with no route structure (T-route)
restored in that area because the value was determined to be
insignificant.
    The aviation industry/users have indicated a desire for the FAA to
transition the Alaskan en route navigation structure away from
dependency on Non-Directional Beacons (NDB), and move to develop and
improve the RNAV route structure. The FAA proposes to amend RNAV route
T-275 by extending it to the south to provide an alternate routing for
Colored airway B-7. B-7 utilizes Oscarville, AK, (OSE) and Cape
Newenham, AK, (EHM) NDBs, which are on the scheduled decommission list.
Additionally, the proposed amendments would provide for lower MEAs
while also ensuring that the appropriate route criteria is met along
the entire route.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend RNAV
route T-275 in the vicinity of Bethel, AK in support of a large and
comprehensive T-route modernization project for the state of Alaska.
The proposed route changes are described below.
    T-275: T-275 currently extends from Bethel, AK, (BET) to
Unalakleet, AK, (UNK). The FAA proposes to extend the route south from
BET to provide alternate navigation for Colored airway B-7. The segment
between BET and UNK would also change adding an additional turn point,
taking the airway slightly to the west to allow for better route
connectivity with proposed and current T-routes.
    United States Area Navigation Routes are published in paragraph
6011 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 RNAV route listed in this document would 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 proposed 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
Department of Transportation (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 so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 6011 United States Area Navigation Routes.

* * * * *

T-275 ZIKNI, AK to Unalakleet, AK [Amended]

ZIKNI, AK                                         WP                            (Lat. 58[deg]39'21.69'' N, long. 162[deg]04'25.48'' W)
BETHEL, AK (BET)                                  VORTAC                        (Lat. 60[deg]47'05.41'' N, long. 161[deg]49'27.59'' W)
DAVBE, AK                                         WP                            (Lat. 61[deg]50'52.64'' N, long. 161[deg]30'41.89'' W)
UNALAKLEET, AK (UNK)                              VOR/DME                       (Lat. 63[deg]53'30.99'' N, long. 160[deg]41'03.39'' W)

* * * * *

    Issued in Washington, DC, on September 30, 2021.
Michael R. Beckles,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-21861 Filed 10-6-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Notices]
[Pages 536-540]
[FR Doc No: 2015-33217]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76803; File No. SR-NYSE-2015-67]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Adopting New Rules To Reflect the Implementation of Pillar, the
Exchange's New Trading Technology Platform

December 30, 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 December 18, 2015, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II 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 adopt new rules to reflect the
implementation of Pillar, the Exchange's new trading technology
platform. 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
    On January 29, 2015, the Exchange announced the implementation of
Pillar, which is an integrated trading technology platform designed to
use a single specification for connecting to the equities and options
markets operated by the Exchange and its affiliates, NYSE Arca, Inc.
(``NYSE Arca'') and NYSE MKT LLC (``NYSE MKT'').\4\ NYSE Arca Equities,
Inc. (``NYSE Arca Equities), which operates the equities trading
platform for NYSE Arca, will be the first trading system to migrate to
Pillar.\5\ In connection with this implementation schedule, NYSE Arca
filed four rule proposals relating to Pillar, three of which have been
approved.\6\
---------------------------------------------------------------------------

    \4\ See Trader Update dated January 29, 2015, available here:
http://www1.nyse.com/pdfs/Pillar_Trader_Update_Jan_2015.pdf.
    \5\ NYSE Arca Equities is a wholly-owned corporation of NYSE
Arca and operates as a facility of NYSE Arca.
    \6\ See Securities Exchange Act Release Nos. 74951 (May 13,
2015), 80 FR 28721 (May 19, 2015) (Notice) and 75494 (July 20,
2015), 80 FR 44170 (July 24, 2015) (SR-NYSEArca-2015-38) (Approval
Order of NYSE Arca Pillar I Filing, adopting rules for Trading
Sessions, Order Ranking and Display, and Order Execution);
Securities Exchange Act Release Nos. 75497 (July 21, 2015), 80 FR
45022 (July 28, 2015) (Notice) and 76267 (October 26, 2015), 80 FR
66951 (October 30, 2015) (SR-NYSEArca-2015-56) (Approval Order of
NYSE Arca Pillar II Filing, adopting rules for Orders and Modifiers
and the Retail Liquidity Program); Securities Exchange Act Release
Nos. 75467 (July 16, 2015), 80 FR 43515 (July 22, 2015) (Notice) and
76198 (October 20, 2015), 80 FR 65274 (October 26, 2015) (SR-NYSE-
2015-58) (Approval Order of NYSE Arca Pillar III Filing, adopting
rules for Trading Halts, Short Sales, Limit Up-Limit Down, and Odd
Lots and Mixed Lots); and Securities Exchange Act Release No. 76085
(October 6, 2015), 80 FR 61513 (October 13, 2015) (Notice of NYSE
Arca Pillar IV Filing, proposing rules for Auctions).
---------------------------------------------------------------------------

    Following the implementation of Pillar on NYSE Arca Equities, the
Exchange will be the next trading platform to migrate to Pillar. On
Pillar, the Exchange will retain its current trading model, which uses
a parity and priority model for allocating trades, as set forth in Rule
72. To streamline and simplify trading across the Exchange, NYSE Arca,
and NYSE MKT, other facets of trading on the Pillar platform on the
Exchange will be based on the NYSE Arca Equities Pillar rules,
including for example, rules governing order types and modifiers, order
display, execution, or routing, and order processing during a Limit Up-
Limit Down scenario or when a Short Sale Period is triggered.
    In addition, in connection with its migration to Pillar, the
Exchange proposes the rule numbering framework of the NYSE Arca
Equities rules. The Exchange believes that if it and its affiliates are
operating on the same trading platform, using the same rule numbering
scheme across all markets will make it easier for members, the public
and the Commission to navigate the rules of each market. The Exchange
therefore proposes to adopt a framework of rule numbering that is based
on the current NYSE Arca Equities rules. The Exchange proposes to place
this framework of rules following current Rule 0. As proposed, this
framework would use the current rule numbering scheme of NYSE Arca
Equities, and would consist of proposed Rules 1P-13P. Accordingly, the
Exchange proposes to add a new heading following Rule 0 that would
provide ``Pillar Platform Rules (Rules 1P-Rule 13P).''
    To explain that the proposed rules would only be applicable to
trading in a security once that security is trading on the Pillar
platform, the Exchange proposes to state that Rules 1P-13P would be
operative for securities that are trading on the Pillar trading
platform. Similar to the text following NYSE Arca Equities Rule 7, the
Exchange would further provide that the Exchange would announce by
Trader Update when securities are trading on the Pillar trading
platform. Because there will be a period when specified securities that
trade on the Exchange would continue to trade on the current trading
platform, while other securities would be trading on the Pillar
platform, the Exchange would not delete current Exchange rules when it
adopts Pillar rules that cover the same topic as a current Exchange
rule. Unless specified in this list of rules, current Exchange rules
would continue to be applicable to trading in a security on the Pillar
platform.
    As with the NYSE Arca Equities rules, the Exchange proposes to
denote the Pillar rules with the letter ``P'' to distinguish such rules
from current Exchange rules with the same numbering. And as with the
NYSE Arca Equities rules, each top-level ``P''-designated rule would
include a number of individual sections or rules, e.g., Rule 1.1, or
Rule 7.1-Rule 7.44. However, because none of the current Exchange rules
use this sub-numbering format and therefore these is no risk of
confusing rules with these numbers with current Exchange rules, the
Exchange would not include a ``P'' designation when adopting these
individual rules. Except as described below, at this time, the Exchange
would be adopting the framework for only these rule numbers and would
designate the proposed rules as ``Reserved.'' Through a series of
subsequent rule filings, the Exchange will propose to populate the
individual rules with the rule text to operate the Exchange on the
Pillar platform.
    In addition to adopting a framework of rule numbering, the Exchange
also proposes to adopt specified rules that would be operative to
trading on Pillar. The proposed rules would be based on NYSE Arca
Equities rules, but with non-substantive differences to use the term
``Exchange'' instead of the terms ``NYSE Arca Marketplace'' or
``Corporation,'' and to use the terms ``mean'' or ``have the meaning''
instead of the terms ``shall mean'' or ``shall have the meaning.'' The
Exchange has selected these rules because they are either definitional
or the same substantively across all markets today and would not change
when the Exchange migrates to Pillar.
    First, the Exchange proposes certain definitions in Rule 1.1. The
terms defined in these proposed rules, unless the context requires
otherwise, would have the meaning specified.
     Proposed Rule 1.1(h) would define the term ``BBO'' as the
best bid or offer on the Exchange and the term ``BB'' to mean the best
bid on the Exchange and the term ``BO'' to mean the best offer on the
Exchange. This proposed rule text is based on NYSE Arca Equities Rule
1.1(h) and current Exchange Rule 7, which defines the term ``Exchange
BBO'' as the best bid or offer disseminated to the Consolidated
Quotation System (``CQS'') by the Exchange.
     Proposed Rule 1.1(l) would define the term ``Eligible
Security'' as any equity security (i) either listed on the Exchange or
traded on the Exchange pursuant to a grant of unlisted trading
privileges under section 12(f) of the Exchange Act and (ii) specified
by the Exchange to be traded on the Exchange

or other facility, as the case may be. This proposed rule text is based
on NYSE Arca Equities Rule 1.1(l). The term Eligible Security is not
currently used in Exchange rules.
     Proposed Rule 1.1(o) would define the term ``FINRA'' as
the Financial Industry Regulatory Authority, Inc. This proposed rule
text is based on NYSE Arca Equities Rule 1.1(o). The term ``FINRA'' is
used in current Exchange rules, but is not defined separately.
     Proposed Rule 1.1(dd) would define the term ``NBBO'' as
the national best bid or offer, the term ``NBB'' as the national best
bid, the term ``NBO'' as the national best offer, the terms ``Best
Protected Bid'' or ``PBB'' as the highest Protected Bid, the terms
``Best Protected Offer'' or ``PBO'' as the lowest Protected Offer, and
the term ``Protected Best Bid and Offer'' (``PBBO'') as the Best
Protected Bid and Best Protected Offer. This proposed rule text is
based on NYSE Arca Equities Rule 1.1(dd). These terms are used in
current Exchange rules, but are not defined separately.
     Proposed Rule 1.1(ff) would define the term ``Away
Market'' as any exchange, alternative trading system (``ATS'') or other
broker-dealer (1) with which the Exchange maintains an electronic
linkage and (2) that provides instantaneous responses to orders routed
from the Exchange. As further proposed, the Exchange would designate
from time to time those ATSs or other broker-dealers that qualify as
Away Markets. This proposed rule text is based on NYSE Arca Equities
Rule 1.1(ff). This term is not currently defined in Exchange rules
because, on the current trading platform, the Exchange only maintains
electronic linkage with those markets that display protected
quotations.
     Proposed Rule 1.1(ii) would define the term ``UTP
Security'' as a security that is listed on a national securities
exchange other than the Exchange and that trades on the Exchange
pursuant to unlisted trading privileges. This proposed rule text is
based on NYSE Arca Equities Rule 1.1(ii). This term is not currently
defined in Exchange rules because the Exchange does not currently trade
any securities pursuant to unlisted trading privileges. Similar to NYSE
Arca Equities, the Exchange plans to trade securities on Pillar that
are listed on markets other than the Exchange.
     Proposed Rule 1.1(jj) would define the term ``UTP Listing
Market'' as the primary listing market for a UTP Security. This
proposed rule text is based on NYSE Arca Equities Rule 1.1(jj). This
term is not currently defined in Exchange rules because the Exchange
does not currently trade any securities pursuant to unlisted trading
privileges,
     Proposed Rule 1.1(ddd) would define the term ``NMS Stock''
as any security, other than an option, for which transaction reports
are collected, processed, and made available pursuant to an effective
transaction reporting plan. This proposed rule text is based on NYSE
Arca Equities Rule 1.1(ddd). This term is not currently defined in
Exchange rules.
     Proposed Rule 1.1(eee) would define the terms ``Protected
Bid'' or ``Protected Offer'' as a quotation in an NMS stock that is (i)
displayed by an Automated Trading Center; (ii) disseminated pursuant to
an effective national market system plan; and (iii) an Automated
Quotation that is the best bid or best offer of a national securities
exchange or the best bid or best offer of a national securities
association. The proposed rule would further define the term
``Protected Quotation'' as a quotation that is a Protected Bid or
Protected Offer and would provide that, for purposes of the foregoing
definitions, the terms ``Automated Trading Center,'' ``Automated
Quotation,'' ``Manual Quotation,'' ``Best Bid,'' and ``Best Offer,''
would have the meanings ascribed to them in Rule 600(b) of Regulation
NMS under the Securities Exchange Act. This proposed rule text is based
on NYSE Arca Equities Rule 1.1(eee). These terms are used in current
Exchange rules, but not separately defined.
     Proposed Rule 1.1(fff) would define the term ``trade-
through'' as the purchase or sale of an NMS stock during regular
trading hours, either as principal or agent, at a price that is lower
than a Protected Bid or higher than a Protected Offer. This proposed
rule text is based on NYSE Arca Equities Rule 1.1(fff). This term is
not currently defined in Exchange rules.
     Proposed Rule 1.1(hhh) would define the terms ``effective
national market system plan'' and ``regular trading hours'' as having
the meanings set forth in Rule 600(b) of Regulation NMS under the
Securities Exchange Act of 1934. This proposed rule text is based on
NYSE Arca Equities Rule 1.1(hhh). These terms are not currently defined
in Exchange rules.
    The Exchange proposes the remaining rule numbers that correspond to
the sub-numbering of NYSE Arca Equities Rule 1.1 on a ``reserved''
basis.
    Next, the Exchange proposes rules that would be grouped under
proposed Rule 7P relating to equities trading. With the exception of
Rules 7.5 and 7.6, the Exchange proposes Rules 7.1-Rule 7.44 on a
``Reserved'' basis.
     Proposed Rule 7.5 would be entitled ``Trading Units'' and
would specify that the unit of trading in stocks is 1 share. The rule
would further provide that a ``round lot'' is 100 shares, unless
specified by the primary listing market to be fewer than 100 shares.
The rule would also provide that any amount less than a round lot would
constitute an ``odd lot'' and any amount greater than a round lot that
is not a multiple of a round lot would constitute a ``mixed lot.'' This
proposed rule text is based on NYSE Arca Equities Rule 7.5 without any
differences. The substance of this proposed rule is currently set forth
in Rules 55 and 56. The Exchange proposes a non-substantive difference
to use the term ``mixed lot'' instead of ``partial round lot'' or
``PRL.''
     Proposed Rule 7.6 would be entitled ``Trading
Differentials'' and would provide that the minimum price variation
(``MPV'') for quoting and entry of securities traded on the Exchange
would be $0.01, with the exception of securities that are priced less
than $1.00 for which the MPV for quoting and entry of orders would be
$0.0001. This proposed rule text is based on NYSE Arca Equities Rule
7.6 without any differences. The substance of this proposed rule is
currently set forth in Rule 62.
    Because trading on Pillar would be under the above-described rules,
the Exchange proposes to specify that Rules 7, 55, 56, and 62 would not
be applicable to trading on the Pillar trading platform.
* * * * *
    As discussed above, because of the technology changes associated
with the migration to the Pillar trading platform, the Exchange will
announce by Trader Update when rules with a ``P'' modifier will become
operative and for which symbols. Accordingly, the Exchange is not
proposing to delete rules applicable to trading on the current platform
until all securities are trading on Pillar.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\7\ in general, and
furthers the objectives of section 6(b)(5),\8\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to, and perfect the

mechanism of, a free and open market and a national market system and,
in general, to protect investors and the public interest. The Exchange
believes that the proposed rules to support Pillar on the Exchange
would remove impediments to and perfect the mechanism of a free and
open market because the proposed rule set would promote transparency in
Exchange rules by using consistent rule numbers with NYSE Arca
Equities, which is the first market to migrate to the Pillar trading
platform. The Exchange believes that using a common framework of rule
numbers for the markets that operate on the Pillar trading platform
will better allow members, regulators, and the public to navigate the
Exchange's rulebook and better understand how equity trading is
conducted on the Exchange. Adding new rules with the modifier ``P'' to
denote those rules that would be operative for the Pillar trading
platform would remove impediments to and perfect the mechanism of a
free and open market by providing transparency of which rules govern
trading once a symbol has been migrated to the Pillar platform.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange further believes that adopting specified definitions
in proposed Rule 1P and proposed Rules 7.5 and 7.6 under proposed Rule
7P would remove impediments to and perfect the mechanism of a free and
open market and national market system because the proposed rules are
definitional and are based on approved rules of NYSE Arca Equities
without any substantive differences and would be operative once the
Exchange migrates to Pillar.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather to adopt new rules
to support the Exchange's new Pillar trading platform. As discussed in
detail above, with this rule filing, the Exchange is not proposing to
change its core functionality but rather to adopt a rule numbering
framework based on the rules of NYSE Arca Equities. The Exchange
believes that the proposed rule change would promote consistent use of
terminology to support the Pillar trading platform on both the Exchange
and its affiliate NYSE Arca Equities, thus making the Exchange's rules
easier to navigate

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 Exchange has filed the proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
section 19(b)(3)(A)(iii) of the Act \11\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \13\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
states that it believes the proposed rule change will not significantly
affect the protection of investors or the public interest or impose any
significant burden on competition because the proposed rule change is
not designed to make any substantive changes to how the Exchange
operates. Rather, the Exchange believes that the proposed rule change
would promote transparency in Exchange rules by adopting a rule-
numbering framework based on the rules of NYSE Arca Equities, which
will be the first market to migrate to the Pillar trading platform, so
that when the Exchange migrates to the Pillar trading platform, its
rules will follow the same numbering scheme of NYSE Arca Equities.
Because the proposed rule change makes no substantive changes to how
the Exchange operates, the Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. Therefore, the Commission hereby waives the operative
delay and designates the proposed rule change operative upon
filing.\15\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2015-67 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-NYSE-2015-67. 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-NYSE-2015-67
and should be submitted on or before January 27, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-33217 Filed 1-5-16; 8:45 am]
 BILLING CODE 8011-01-P