[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45876-45877]
[FR Doc No: 2017-21120]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4332-DR; Docket ID FEMA-2017-0001]

Texas; Amendment No. 9 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4332-DR), dated August 25, 2017, and
related determinations.

DATES: This amendment was issued September 19, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and

Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
August 25, 2017.

    Burleson, Grimes, Madison, and Washington Counties for Public
Assistance.
    Austin, Bastrop, and Lee Counties for Public Assistance
[Categories C-G] (already designated for debris removal and
emergency protective measures [Categories A and B], including direct
federal assistance, under the Public Assistance program).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-21120 Filed 9-29-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: April 24, 2006 (Volume 71, Number 78)]
[Notices]
[Page 21060]
[DOCID:fr24ap06-105]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53664; File No. SR-CHX-2006-03]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Order Granting Approval to Proposed Rule Change Relating to the
Prohibition of Trade Shredding

April 17, 2006.

I. Introduction

    On January 24, 2006, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change relating to trade shredding. The proposed rule
change was published for comment in the Federal Register on March 16,
2006.\3\ The Commission received no comments on the proposal. This
order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240. 19b-4.
    \3\ See Securities Exchange Act Release No. 53441 (March 8,
2006), 71 FR 13642.
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposed to amend its rules to prohibit its
participants from breaking customer orders into smaller multiple orders
for the primary purpose of maximizing rebates or other payments to the
participant without regard for the customer's interest.

III. Discussion and Commission Findings

    The Commission has reviewed carefully the proposed rule change and
finds that it is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange,\4\ particularly Section 6(b)(5) of the Act which, among other
things, requires that the rules of a national securities exchange be
designed to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating
securities transactions, to remove impediments to and to perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest.\5\ The
Commission believes that the proposed rule change should help eliminate
the distortive practice of trade shredding, and, therefore, promote
just and equitable principles of trade.
---------------------------------------------------------------------------

    \4\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f). See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (File No. SR-CHX-2006-03), be and
hereby is, approved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-6070 Filed 4-21-06; 8:45 am]

BILLING CODE 8010-01-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Monday, April 4, 2016 5:08 PM
To:
<EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
David Ailor<EMAIL_ADDRESS><EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
Your coke ICR letter and attachments - Arcelor Mittal - Warren

Hello  -  Attached you will find a pdf of your signed cover letter for the Coke ICR. Also attached are Enclosures 1&2 as pdf files. Enclosures #3 through #8 are attached in a combined pdf file; these are standard enclosures we include with all ICRs. Please visit the Coke ICR website at: https://icr2010.rti.org/  for the latest versions of the data tables (Excel files) to use for your answers to Enclosures 1 and 2 as well as Word versions of both Enclosures 1&2. Your packages which include hard copies of all of the attached enclosures as well as a disc with Word versions of Enclosures 1&2 and the Excel data tables. Feel free to use this disc for your first submission, but you can also send a USB/flash drive with the files, or alternatively upload the files to a password protected area of the ICR website. Note that discs and flash drives will not be returned until the end of the ICR process.
_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< Coke114_cover_letter_04-04-16_AMW_signed.PDF >>
<< Coke ICR-Enclosure 1-04-01-16P.pdf >>
<< Coke ICR-Enclosure 2-04-04B-16.pdf >>
<< Enclosure 3 - 8-2016-RTI.pdf >>


[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Page 31258]
[FR Doc No: 2023-10379]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-9771-000]

Thomas Jr., Jesse R.; Notice of Filing

    Take notice that on May 10, 2023, Jesse R. Thomas Jr. submitted for
filing, application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d (b)
and part 45.8 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR part 45.8.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on May 31, 2023.

    Dated: May 10, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-10379 Filed 5-15-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55664-55669]
[FR Doc No: 2021-21770]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93219; File No. SR-NASDAQ-2021-054]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change To Modify Nasdaq IM-5101-2 To Permit an
Acquisition Company To Contribute a Portion of Its Deposit Account to
Another Entity in a Spin-Off or Similar Corporate Transaction

September 30, 2021.

I. Introduction

    On June 24, 2021, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to modify Nasdaq IM-5101-2 to
permit an acquisition company to contribute a portion of the amount
held in its deposit account to a deposit account of a new acquisition
company in a spin-off or similar corporate transaction. The proposed
rule change was published for comment in the Federal Register on July
13, 2021.\3\ On August 25, 2021, pursuant to Section 19(b)(2) of the
Act,\4\ the Commission designated a longer period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to disapprove the
proposed rule change.\5\ This order institutes proceedings pursuant to
Section 19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 92344 (July 7,
2021), 86 FR 36841 (``Notice''). Comments received on the proposal
are available on the Commission's website at: https://www.sec.gov/comments/sr-nasdaq-2021-054/srnasdaq2021054.htm.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 92751, 86 FR 48780
(August 31, 2021). The Commission designated October 11, 2021 as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to approve or disapprove,
the proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    Generally, the Exchange will not permit the initial or continued
listing of a company that has no specific business plan or that has
indicated that its

business plan is to engage in a merger or acquisition with an
unidentified company or companies.\7\ However, the Exchange currently
will permit the listing of a company whose business plan is to complete
an initial public offering (``IPO'') and engage in a merger or
acquisition with one or more unidentified companies within a specific
period of time (``Acquisition Company'' or ``SPAC''), if the company
meets all applicable initial listing requirements, as well as certain
conditions described in Nasdaq IM-5101-2.\8\ Among other things, Nasdaq
IM-5101-2 requires that at least 90% of the gross proceeds from the IPO
and any concurrent sale by the Acquisition Company of equity securities
must be deposited in a trust account maintained by an independent
trustee, an escrow account maintained by an insured depository
institution, or in a separate bank account established by a registered
broker or dealer (collectively, a ``deposit account'').\9\ In addition,
Nasdaq IM-5101-2 requires that within 36 months of the effectiveness of
its IPO registration statement, or such shorter period that the
Acquisition Company specifies in its registration statement, the
Acquisition Company must complete one or more business combinations
having an aggregate fair market value of at least 80% of the value of
the deposit account (excluding any deferred underwriters fees and taxes
payable on the income earned on the deposit account) at the time of the
agreement to enter into the initial combination.\10\ Nasdaq IM-5101-2
further requires each business combination to be approved by a majority
of the Acquisition Company's independent directors.\11\ If the
Acquisition Company holds a shareholder vote on a business combination,
the business combination must be approved by a majority of the shares
of common stock voting at the meeting and public shareholders voting
against the business combination must have the right to convert their
shares of common stock into a pro rata share of the aggregate amount
then in the deposit account (net of taxes payable and amounts
distributed to management for working capital purposes) if the business
combination is approved and consummated.\12\ If a shareholder vote on a
business combination is not held, the Acquisition Company must provide
all shareholders with the opportunity to redeem all their shares for
cash equal to their pro rata share of the aggregate amount then in the
deposit account (net of taxes payable and amounts distributed to
management for working capital purposes), pursuant to Rule 13e-4 and
Regulation 14E under the Act, which regulate issuer tender offers.\13\
---------------------------------------------------------------------------

    \7\ See Nasdaq IM-5101-2.
    \8\ See id.
    \9\ See Nasdaq IM-5101-2(a).
    \10\ See Nasdaq IM-5101-2(b).
    \11\ See Nasdaq IM-5101-2(c).
    \12\ See Nasdaq IM-5101-2(d).
    \13\ See Nasdaq IM-5101-2(e).
---------------------------------------------------------------------------

    The Exchange now proposes to modify Nasdaq IM-5101-2 to allow a
SPAC listed under that rule to contribute a portion of its deposit
account to a deposit account of a new entity in a spin-off or similar
corporate transaction (``SpinCo SPAC''). According to the Exchange,
when a SPAC conducts its IPO, it raises the amount of capital that it
estimates will be necessary to finance a subsequent business
combination with its ultimate target; however, the Exchange believes
that because a SPAC cannot identify or select a specific target at the
time of its IPO, often the amount raised is not optimal for the needs
of a specific target.\14\ The Exchange states that it is proposing to
modify Nasdaq IM-5101-2 to permit what it believes is a more efficient
structure whereby a SPAC can raise in its IPO the maximum amount of
capital it anticipates it may need for a business combination
transaction and then ``rightsize'' itself by contributing any amounts
not needed to a SpinCo SPAC, which would be subject to the provisions
of Nasdaq IM-5101-2, in the same manner as the original SPAC, and spun
off to the original SPAC's shareholders.\15\
---------------------------------------------------------------------------

    \14\ See Notice, supra note 3, at 36841. The Exchange further
states that ``[t]his has resulted in the inefficient, current
practice of SPAC sponsors creating multiple SPACs of different sizes
at the same time, with the intention to use the SPAC that is closest
in size to the amount a particular target needs.'' Id.
    \15\ See id. The 36-month period to complete a business
combination under Nasdaq IM-5101-2 would, however, be calculated for
each SpinCo SPAC based on the date of the original SPAC's effective
registration statement.
---------------------------------------------------------------------------

    Specifically, proposed Nasdaq IM-5101-2(f) would provide that a
SPAC will be permitted to contribute a portion of the amount held in
the deposit account to a deposit account of another entity (the
``Contribution'') in a spin-off or similar corporate transaction,
subject to the following conditions:

    (i) The requirements set forth in Nasdaq IM-5101-2(d) and (e)
that shareholders of a SPAC must have the right to convert or redeem
their shares of common stock into a pro rata share of the aggregate
amount in the deposit account (net of taxes payable and amounts
distributed to management for working capital purposes) at the times
specified in such paragraphs may be based on the amounts in the
deposit account of the SPAC at such times after having been reduced
by the Contribution provided that, in connection with the
Contribution, the SPAC's public shareholders shall have had the
right, through one or more corporate transactions, to redeem a
portion of their shares of common stock (or, if units were sold in
the SPAC's IPO, units) for their pro rata portion of the amount of
the Contribution in lieu of being entitled to receive shares or
units in the SpinCo SPAC;
    (ii) the public shareholders of the SPAC receive shares or units
of the SpinCo SPAC on a pro rata basis, except to the extent they
have elected to redeem a portion of their shares of the SPAC in lieu
of being entitled to receive shares or units in the SpinCo SPAC;
    (iii) the amount distributed to the SpinCo SPAC will remain in a
deposit account for the benefit of the shareholders of the SpinCo
SPAC in the same manner as described in Nasdaq IM-5101-2(a);
    (iv) the SpinCo SPAC meets all applicable initial listing
requirements, as well as the conditions described in Nasdaq IM-5101-
2(a) through (e); it being understood that, following such spin-off
or similar corporate transaction: (A) For purposes of Nasdaq IM-
5101-2(b) the 80% described therein shall,\16\ in the case of the
SPAC, be calculated based on the aggregate amount remaining in the
deposit account of the SPAC at the time of the agreement to enter
into the initial combination after the Contribution to the SpinCo
SPAC, and, in the case of the SpinCo SPAC, be calculated based on
the aggregate amount in its deposit account at the time of its
agreement to enter into its initial combination,\17\ and (B) for
purposes of Nasdaq IM-5101-2(d) and (e),\18\ the right to convert
and opportunity to redeem shares of common stock on a pro rata
basis, respectively, shall, in the case of the SPAC, be deemed to
apply to the aggregate amount remaining in the deposit account of
the SPAC after the contribution to the SpinCo SPAC, and, in the case
of the SpinCo SPAC, be deemed to apply to the aggregate amount in
its deposit account;
---------------------------------------------------------------------------

    \16\ See supra note 10 and accompanying text, for a description
of the requirements of Nasdaq IM-5101-2(b).
    \17\ As the Exchange states, this amount would be calculated
after giving effect to the SpinCo SPAC's contribution to a
subsequent SpinCo SPAC, if any. See Notice, supra note 3, at 36842.
    \18\ See supra notes 12-13 and accompanying text, for a
description of the requirements of Nasdaq IM-5101-2(d) and (e).
---------------------------------------------------------------------------

    (v) in the case of the SpinCo SPAC, and any additional entities
spun off from the SpinCo SPAC, each of which will also be considered
a SpinCo SPAC, the 36-month period described in Nasdaq IM-5101-2(b)
(or such shorter period that the original SPAC specifies in its
registration statement) will be calculated based on the date of
effectiveness of the SPAC's IPO registration statement; and
    (vi) in the aggregate, through one or more opportunities by the
SPAC and one or more SpinCo SPACs, public shareholders will have the
ability to convert or redeem shares, or receive amounts upon
liquidation, for the full

amount of the deposit account established by the SPAC as described
in Nasdaq IM-5101-2(a) (excluding any deferred underwriters fees and
taxes payable on the income earned on the deposit account).\19\
---------------------------------------------------------------------------

    \19\ Proposed Nasdaq IM-5101-2(f) provides that the conditions
set forth in the proposed rule would similarly apply to successive
spin-offs or similar corporate transactions, ``mutatis mutandis.''

    The Exchange states that, under the proposal, it expects that the
new structure will be implemented in the following manner. If a listed
SPAC (the ``Original SPAC'') determines that it will not need all the
cash in its deposit account for its initial business combination, the
Original SPAC will designate the excess cash for a new deposit account
of a SpinCo SPAC (the ``SpinCo Deposit Account,'' and the amount
retained in the deposit account of the Original SPAC, the ``Retained
SPAC Deposit Account'').\20\ The Exchange states that the amount
designated for the SpinCo Deposit Account must continue to be held for
the benefit of the shareholders of the Original SPAC until the
completion of the spin-off transaction and, following the spin-off of
the SpinCo SPAC to the Original SPAC's shareholders, the SpinCo Deposit
Account would be subject to the same requirements as the deposit
account of the Original SPAC.\21\
---------------------------------------------------------------------------

    \20\ See Notice, supra note 3, at 36841-42.
    \21\ See id. at 36842.
---------------------------------------------------------------------------

    According to the Exchange, the SpinCo SPAC would file a
registration statement under the Securities Act of 1933 for purposes of
effecting the spin-off of the SpinCo SPAC and, prior to the
effectiveness of the registration statement, the Original SPAC would
provide its public shareholders through one or more corporate
transactions with the opportunity to redeem a pro rata amount of their
holdings equal to the amount of the SpinCo Deposit Account divided by
the per share amount in the Original SPAC's deposit account (the
``redemption price'').\22\ The Exchange further states that, after
completing the tender offer for the redemption and the effectiveness of
the SpinCo SPAC's registration statement, the Original SPAC would
contribute the SpinCo Deposit Account to a deposit account held by the
SpinCo SPAC in exchange for shares or units of the SpinCo SPAC, which
the Original SPAC would then distribute to its public shareholders on a
pro rata basis through one or more corporate transactions pursuant to
the SpinCo SPAC's effective registration statement.\23\
---------------------------------------------------------------------------

    \22\ See id. According to the Exchange, the redemption could
occur, for example, through a partial cash tender offer for shares
of the Original SPAC pursuant to Rule 13e-4 and Regulation 14E of
the Act, and the redemption may be of a separate class of shares
distributed to unitholders of the Original SPAC for the purpose of
facilitating the redemption. See id. at 36842 n.4.
    \23\ See id. at 36842.
---------------------------------------------------------------------------

    According to the Exchange, the Original SPAC would then continue to
operate as a SPAC until it completes its business combination and would
offer redemption rights to its public shareholders in connection with
that business combination in the same manner as a traditional SPAC,
while the SpinCo SPAC would operate in the same manner as a traditional
SPAC, except that it could effect a subsequent spin-off prior to its
business combination like the Original SPAC.\24\ The Exchange states
that if SpinCo SPAC does not elect to effect a spin-off, it would
proceed to complete an initial business combination and offer
redemption rights in connection therewith like a traditional SPAC.\25\
---------------------------------------------------------------------------

    \24\ See id. The proposed rule would provide that, for purposes
of Nasdaq IM-5101-2(b), the Original SPAC must complete one or more
business combinations with an aggregate fair market value of at
least 80% of the aggregate amount remaining in the Retained SPAC
Deposit Account, after the contribution to the SpinCo SPAC, at the
time of its agreement to enter into its initial combination. Nasdaq
further states that, similarly, a SpinCo SPAC must complete one or
more business combinations with an aggregate fair market value of at
least 80% of the aggregate amount remaining in the SpinCo Deposit
Account at the time of its agreement to enter into its initial
combination after giving effect to its contribution to any
subsequent SpinCo SPAC.
    \25\ See id.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-
NASDAQ-2021-054 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \26\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\27\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with the Act and, in
particular, with Section 6(b)(5) of the Act, which requires, among
other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
to protect investors and the public interest, and not be designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.\28\
---------------------------------------------------------------------------

    \27\ Id.
    \28\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As described above, the proposal would allow a SPAC listed under
Nasdaq IM-5101-2 to contribute a portion of the amount held in its
deposit account to the deposit account of a SpinCo SPAC. The Exchange
states that the proposal would permit a more efficient structure
because a SPAC often raises an amount of capital through its IPO that
is not optimal for the needs of a specific acquisition target.\29\
According to the Exchange, this has resulted in SPAC sponsors creating
multiple SPACs of different sizes at the same time, with the intention
to use the SPAC that is closest in size to the amount a particular
acquisition target needs.\30\ The Exchange believes this practice
creates the potential for conflicts of interest, fails to optimize the
amount of capital that would benefit the SPAC's public shareholders and
a business combination target, creates inefficiencies, and can lead to
confusion.\31\ Accordingly, the Exchange believes the proposal would
provide shareholders the opportunity to invest with a sponsor without
spreading that investment across the sponsor's multiple SPACs.\32\
---------------------------------------------------------------------------

    \29\ See Notice, supra note 3, at 36841.
    \30\ See id.
    \31\ See id.
    \32\ See id. at 36842.
---------------------------------------------------------------------------

    The Commission received comments broadly supporting the proposed
rule change. Specifically, one commenter stated that the proposed rule
change would introduce a ``more efficient, cost-effective[,] and
flexible'' structure than provided for by the current SPAC listing
rules, ``while continuing to offer significant and appropriate
protections to SPAC investors.'' \33\ This commenter further argued
that shareholders' ability under the proposed rule change to redeem
their investment in connection with each specific business combination
by the Original SPAC or a SpinCo SPAC would both increase flexibility
and

investors' ability to understand the companies that a SPAC plans to
acquire and the risks associated with each such target company.\34\
Another commenter similarly argued that the proposed rule change would
permit a more efficient SPAC structure while ``maintaining all of the
investor protections'' in the current SPAC listing rules.\35\
---------------------------------------------------------------------------

    \33\ See letter from Kellen Carter, ARK Investment Management
LLC, to Vanessa Countryman, Secretary, Commission, dated August 2,
2021, at 1-2.
    \34\ See id. at 2.
    \35\ See letter from White & Case LLP to Vanessa Countryman,
Secretary, Commission, dated August 3, 2021, at 1.
---------------------------------------------------------------------------

    The Commission has concerns, however, about whether the proposal is
sufficiently designed to protect investors and the public interest, as
required by Section 6(b)(5) of the Act. First, the Commission is
concerned that proposed Nasdaq IM-5101-2(f) would circumvent the
current requirements of Nasdaq IM-5101-2 that the Commission previously
found were designed to protect investors.\36\ Specifically, Nasdaq IM-
5101-2(b) requires a SPAC to complete one or more business combinations
having an aggregate fair market value of at least 80% of the value of
the deposit account.\37\ This 80% requirement sets a minimum size of a
business combination that investors will be aware of from their initial
investment. In addition, the 80% requirement ensures that the founders
of the SPAC will not seek a very small SPAC target solely to ensure
they successfully complete a business combination in order to break
escrow and thereby earn their payment (promote) for finding a target.
The proposal could potentially allow a SPAC to engage in multiple
business combinations that are very small in size as compared to the
original amount in the deposit account. The proposal also does not
include any limitations with respect to the amount a SPAC may
contribute to a SpinCo SPAC and thereby reduce its escrow account.
Moreover, it appears the proposed structure could potentially
incentivize SPAC founders to complete smaller business combinations in
cases where they cannot identify a target company of sufficient size to
meet the 80% requirement with respect to the Original SPAC, thereby
leaving investors with a choice of whether to accept an investment in a
smaller-sized company than originally contemplated or a partial
redemption of their original investment from the reduced deposit
account. The Commission is concerned that allowing SPACs to engage in
such transactions effectively eliminates the original 80% requirement,
may subvert investor expectations regarding a SPAC's future business
combination prospects, and may benefit the founders of SPACs at the
expense of retail investors.\38\ In this regard, the Commission is
concerned that the Exchange has not provided sufficient justification
regarding how its proposal is consistent with the protection of
investors, including the investor protection measures that were
originally contemplated by Nasdaq IM-5101-2 and which the Commission
found to be consistent with the Act.\39\
---------------------------------------------------------------------------

    \36\ See Securities Exchange Act Release No. 58228 (July 25,
2008), 73 FR 44794 (July 31, 2008) (Order Granting Approval to
Proposed Rule Change, as modified by Amendment No. 1, to Adopt
Additional Initial Listing Standards to list Securities of Special
Purpose Acquisition Companies) (NASDAQ-2008-013) (``2008 Order'').
    \37\ The deposit account must contain at least 90% of the gross
proceeds from the SPAC's IPO and any concurrent sale by the SPAC of
equity securities. See Nasdaq IM-5101-2(a).
    \38\ Moreover, the proposal does not appear to be limited to
future SPACs and could potentially allow existing SPACs to engage in
spin-offs. The Commission believes that permitting existing SPACs to
engage in such transactions could raise investor protection issues
given that investors who initially invested in the SPACs would not
have been aware that the SPAC would not have to comply with the 80%
requirement and could spin off into multiple SpinCo SPACs.
    \39\ See 2008 Order, supra note 28. In addition, the proposal
appears to require redeeming shareholders to effectively pay
deferred underwriting fees by deducting those fees from the
aggregate redemption amount available to shareholders. See proposed
Nasdaq IM-5101-2(f)(vi). This is not required for the Original SPAC
as set forth under current Nasdaq IM-5101-2(d) and (e) and would
result in the redeeming shareholders potentially receiving less than
90% of the gross proceeds from the deposit account. Under the
current SPAC listing rules, only taxes payable and amounts
distributed to management for working capital purposes can be
excluded from the aggregate amount in the deposit account.
---------------------------------------------------------------------------

    Furthermore, the Commission believes the proposal could introduce
additional complexity to SPAC securities, particularly for retail
investors. While the market in SPAC securities is already complex, the
Exchange's proposal would allow for the listing of SPACs that may spin-
off into smaller and smaller SPACs, each presenting additional risks
and considerations to investors that may not be fully realized at the
time of the Original SPAC's IPO or at the time of each spin-off
transaction when investors have the opportunity to receive shares in
the SpinCo SPAC or redeem their pro-rata portion of the SpinCo SPAC
Contribution.\40\ Further, although the Exchange states the proposal is
expected to allow a SPAC that determines that it will have excess cash
following its initial business combination to spin-off those funds to a
new SPAC,\41\ the proposal is not limited to this particular situation
and would allow a SPAC to break escrow to create new SpinCo SPACs at
any time after its IPO, regardless of whether any potential business
combination has been identified.\42\ Moreover, under current SPAC
rules, investors have to make one determination on whether to redeem
their shares or retain ownership in the combined operating business
after a business combination that has an aggregate fair market value of
at least 80% of the value of the deposit account. In contrast, under
the proposal, investors would have to make multiple decisions on
whether to hold or redeem their securities in potentially multiple
SpinCo SPACs, and those investors that choose to redeem may not be made
whole as to their original investment until a subsequent business
combination of the Original SPAC and/or the SpinCo SPACs occur.
Additionally, the proposal raises concerns about whether investors are
adequately protected when only the sponsors, not shareholders, are
participating in the decision to reduce the deposit account and
contribute those funds to the SpinCo SPAC.\43\ For these reasons, the
Commission is concerned that investors may not have adequate
information at the time they initially invest in the Original SPAC and
at the time they are required to make decisions regarding whether to
invest in the SpinCo SPACs or to redeem their investment, which can
occur multiple times over the term of the Original SPAC, raising
investor protection concerns under Section 6(b)(5) of the Act.
---------------------------------------------------------------------------

    \40\ For example, under the proposal it would be difficult for
an investor to know at the time of its investment in the Original
SPAC (or at the time of each contribution) whether there will be
future contributions to SpinCos, and, if so, how much the original
escrow will be reduced and how much will be left for the Original
SPAC's business combination. The Commission believes such
information would be important to investors in making informed
investment decisions in the Original SPAC.
    \41\ See Notice, supra note 3, at 36841-42.
    \42\ The proposal also does not include any timing limitations
with respect to when a SPAC may engage in a contribution and spin-
off. As such, it appears that a contribution and spin-off could
occur very close to the end of the 36-month period within which the
Original SPAC and any SpinCo SPAC has to complete its business
combination. This raises investor protection issues since
shareholders may not have enough time to review disclosures before a
vote or redemption decision is required.
    \43\ In these situations, the SpinCo SPAC may be structured
completely differently than was disclosed at the time of the
investment in the Original SPAC. For example, nothing in the
proposal prevents the SpinCo SPAC from having a different target
industry or business than the Original SPAC, different compensation
arrangements than the Original SPAC, or different terms than
disclosed in the Original SPAC registration statement.
---------------------------------------------------------------------------

    The Commission is also concerned that certain aspects of the
proposed rule change are vague and unclear and may raise additional
investor protection

concerns. For example, proposed Nasdaq IM-5101-2(f)(i) would provide
shareholders the right to redeem, ``through one or more corporate
transactions,'' their pro rata portion of the SPAC's contribution to a
SpinCo SPAC's deposit account. In addition, proposed Nasdaq IM-5101-
2(f)(vi) provides that public shareholders will have the ability to
convert or redeem shares, or receive amounts upon liquidation, for the
full amount of the deposit account ``through one or more
opportunities.'' The proposal, however, does not set forth any specific
requirements applicable to the redemption or conversion opportunities
with respect to the contribution to a SpinCo SPAC or specify what would
qualify as an acceptable corporate transaction for purposes of a
redemption.\44\ Moreover, the proposed rule states that a SPAC will be
permitted to contribute a portion of the amount held in the deposit
account to a deposit account of ``another entity'' in a spin-off ``or
similar corporate transaction.'' However, the proposal does not specify
whether there are any limitations on the types of entities that may
receive the contribution, including whether such entities could include
an already existing SPAC, or what would constitute a ``similar
transaction.'' The Commission is concerned that the lack of clarity and
vagueness in the proposed rule text may cause confusion amongst market
participants regarding the scope of the proposal and what is required
under the proposed rules.
---------------------------------------------------------------------------

    \44\ The Exchange states that a redemption could occur, for
example, through a partial cash tender offer for shares of the
Original SPAC pursuant to Rule 13e-4 and Regulation 14E of the Act,
and the redemption may be of a separate class of shares distributed
to unitholders of the Original SPAC for the purpose of facilitating
the redemption. See Notice, supra note 3, at 36842 n.4. On the other
hand, Nasdaq IM-5101-2 currently includes very specific requirements
relating to redemption rights of public shareholders with respect to
a business combination. See Nasdaq IM-5101-2(d)-(e).
---------------------------------------------------------------------------

    In addition, the Exchange has proposed that the conditions
described in proposed Nasdaq IM-5101-2(f) shall apply to successive
spin-offs or similar corporate transactions, ``mutatis mutandis.'' The
Exchange provides no specificity or detail as to what this means or
what factors the Exchange would consider when determining how to apply
the proposed rule to successive spin-offs or similar corporate
transactions. As drafted, the rule text would appear to give the
Exchange broad discretion to apply the proposed rule in a different
manner with respect to successive spin-offs or transactions to
different SPAC issuers. It is also difficult for the Commission to
assess whether the proposal is consistent with Section 6(b)(5) of the
Act if the Exchange could simply change how the rule applies to fit a
particular transaction by invoking its discretion through the proposed
``mutatis mutandis'' language. The Commission believes this lack of
transparency and objectivity in the proposed rule raises investor
protection and unfair discrimination concerns under the Act because
market participants may be confused about what is permitted under the
rules and the Exchange may elect to apply its rules in an inconsistent
and discriminatory manner.
    Accordingly, the Commission believes there are questions as to
whether the proposal is consistent with Section 6(b)(5) of the Act and
its requirements, among other things, that the rules of a national
securities exchange be designed to protect investors and the public
interest, and not be designed to permit unfair discrimination.
    Under the Commission's Rules of Practice, the ``burden to
demonstrate that a proposed rule change is consistent with the Exchange
Act and the rules and regulations issued thereunder . . . is on the
self-regulatory organization that proposed the rule change.'' \45\ The
description of a proposed rule change, its purpose and operation, its
effect, and a legal analysis of its consistency with applicable
requirements must all be sufficiently detailed and specific to support
an affirmative Commission finding,\46\ and any failure of a self-
regulatory organization to provide this information may result in the
Commission not having a sufficient basis to make an affirmative finding
that a proposed rule change is consistent with the Exchange Act and the
applicable rules and regulations.\47\
---------------------------------------------------------------------------

    \45\ 17 CFR 201.700(b)(3).
    \46\ See id.
    \47\ See id.
---------------------------------------------------------------------------

    For these reasons, the Commission believes it is appropriate to
institute proceedings pursuant to Section 19(b)(2)(B) of the Act \48\
to determine whether the proposal should be approved or disapproved.
---------------------------------------------------------------------------

    \48\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) \49\ of the Act or any other provision
of the Act, or the rules and regulations thereunder. Although there do
not appear to be any issues relevant to approval or disapproval that
would be facilitated by an oral presentation of views, data, and
arguments, the Commission will consider, pursuant to Rule 19b-4 under
the Act,\50\ any request for an opportunity to make an oral
presentation.\51\
---------------------------------------------------------------------------

    \49\ 15 U.S.C. 78f(b)(5).
    \50\ 17 CFR 240.19b-4.
    \51\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change should be approved
or disapproved by October 27, 2021. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
November 10, 2021. The Commission asks that commenters address the
sufficiency of the Exchange's statements in support of the proposal,
which are set forth in the Notice,\52\ in addition to any other
comments they may wish to submit about the proposed rule change.
---------------------------------------------------------------------------

    \52\ See supra note 3.
---------------------------------------------------------------------------

    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-NASDAQ-2021-054 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2021-054. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements

with respect to the proposed rule change that are filed with the
Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2021-054 and should be submitted
by October 27, 2021. Rebuttal comments should be submitted by November
10, 2021.
---------------------------------------------------------------------------

    \53\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\53\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21770 Filed 10-5-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Notices]
[Pages 13992-13994]
[FR Doc No: 2018-06595]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0369]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Regulations Under the Federal Import Milk Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the reporting and recordkeeping
requirements of our regulations implementing the Federal Import Milk
Act (FIMA).

DATES: Submit either electronic or written comments on the collection
of information by June 1, 2018.

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 1, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of June 1, 2018. 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-2012-N-0369 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Regulations under the Federal
Import Milk Act.'' 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 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: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Regulations Under the Federal Import Milk Act (FIMA)--21 CFR Part 1210

OMB Control Number 0910-0212--Extension

    Under FIMA (21 U.S.C. 141-149), milk or cream may be imported into
the United States only by the holder of a valid import milk permit (21
U.S.C. 141). Before such permit is issued: (1) All cows from which
import milk or cream is produced must be physically examined and found
healthy; (2) if the milk or cream is imported raw, all such cows must
pass a tuberculin test; (3) the dairy farm and each plant in which the
milk or cream is processed or handled must be inspected and found to
meet certain sanitary requirements; (4) bacterial counts of the milk at
the time of importation must not exceed specified limits; and (5) the
temperature of the milk or cream at time of importation must not exceed
50 [deg]F (21 U.S.C. 142).
    Our regulations in part 1210 (21 CFR part 1210), implement the
provisions of FIMA. Sections 1210.11 and 1210.14 require reports on the
sanitary conditions of, respectively, dairy farms and plants producing
milk and/or cream to be shipped to the United States. Section 1210.12
requires reports on the physical examination of herds, while Sec.
1210.13 requires the reporting of tuberculin testing of the herds. In
addition, the regulations in part 1210 require that dairy farmers and
plants maintain pasteurization records (Sec.  1210.15) and that each
container of milk or cream imported into the United States bear a tag
with the product type, permit number, and shipper's name and address
(Sec.  1210.22). Section 1210.20 requires that an application for a
permit to ship or transport milk or cream into the United States be
made by the actual shipper. Section 1210.23 allows permits to be
granted based on certificates from accredited officials.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of
       21 CFR section                Form FDA No.            Number of     responses per   Total annual     Average burden per response     Total hours
                                                            respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
1210.11....................  1996/Farm Inspection Report               2             200             400  1.5...........................             600
1210.12....................  1995/Report of Physical                   1               1               1  .5 (30 minutes)...............              .5
                              Examination of Cows.
1210.13....................  1994/Report of Tuberculin                 1               1               1  .5 (30 minutes)...............              .5
                              Tests of Cattle.
1210.14....................  1997/Score Card for                       2               1               2  2.............................               4
                              Sanitation Inspections of
                              Milk Plants.
1210.20....................  1993/Application for Permit               2               1               2  .5 (30 minutes)...............               1
                              to Ship or Transport Milk
                              and/or Cream into US.
1210.23....................  1815/Certificate/                         2               1               2  .5 (30 minutes)...............               1
                              Transmittal for an
                              Application.
                                                         -----------------------------------------------------------------------------------------------
    Total..................  ...........................  ..............  ..............  ..............  ..............................             607
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Number of
             21 CFR section                 Number of      records per    Total annual          Average burden per                  Total hours
                                          recordkeepers   recordkeeper       records              recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
1210.15................................               2               1               2  .05 (3 minutes)................  .10 (6 minutes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Upon review of the information collection, we have retained the
currently approved estimated burden. The estimated number of
respondents and hours per response are based on our experience with the
import milk permit program and the average number of import milk permit
holders over the past 3 years. Assuming two respondents will submit
approximately 200 Form FDA 1996 reports annually for a total of 600
responses, and that each response requires 1.5 hours, we estimate the
total burden is 600 hours.
    The Secretary of Health and Human Services has the discretion to
allow Form FDA 1815, a duly certified statement signed by an accredited
official of a foreign government, to be submitted in lieu of Forms FDA
1994 and 1995. To date, Form FDA 1815 has been submitted in lieu of
these forms. Because we have not received any Forms FDA 1994 or 1995 in
the last 3 years, we assume no more than one will be submitted
annually. We also assume each submission requires 0.5 hour for a total
of 0.5 burden hour annually.
    We estimate that two respondents will submit one Form FDA 1997
report annually, for a total of two responses. We estimate the
reporting burden to be 2.0 hours per response, for a total burden of 4
hours. We estimate that two respondents will submit one Form FDA 1993
report annually, for a total of two responses. We estimate the
reporting burden to be 0.5 hour per response, for a total burden of 1
hour. We estimate that two respondents will submit one Form FDA 1815
report annually, for a total of two responses. We estimate the
reporting burden to be 0.5 hour per response, for a total burden of 1
hour.
    With regard to records maintenance, we estimate that approximately
two recordkeepers will spend 0.05 hour annually maintaining the
additional pasteurization records required by Sec.  1210.15, for a
total of 0.10 hour annually.
    No burden has been estimated for the tagging requirement in Sec.
1210.22 because the information on the tag is either supplied by us
(permit number) or is disclosed to third parties as a usual and
customary part of the shipper's normal business activities (type of
product, shipper's name and address). Under 5 CFR 1320.3(c)(2), the
public disclosure of information originally supplied by the Federal
Government to the recipient for the purpose of disclosure to the public
is not subject to review by the Office of Management and Budget under
the Paperwork Reduction Act. Under 5 CFR 1320.3(b)(2)), the time,
effort, and financial resources necessary to comply with a collection
of information are excluded from the burden estimate if the reporting,
recordkeeping, or disclosure activities needed to comply are usual and
customary because they would occur in the normal course of business
activities.

    Dated: March 27, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-06595 Filed 3-30-18; 8:45 am]
 BILLING CODE 4164-01-P