Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39139 

have been assigned to the Government 

of the United States of America. 

DATES: The prospective exclusive 

license may be granted unless NASA 

receives written objections, including 

evidence and argument no later than 

September 1, 2017 that establish that the 

grant of the license would not be 

consistent with the requirements 

regarding the licensing of federally 

owned inventions as set forth in the 

Bayh-Dole Act and implementing 

regulations. Competing applications 

completed and received by NASA no 

later than September 1, 2017 will also 

be treated as objections to the grant of 

the contemplated exclusive license. 

Objections submitted in response to this 

notice will not be made available to the 

public for inspection and, to the extent 

permitted by law, will not be released 

under the Freedom of Information Act. 

ADDRESSES: Objections relating to the 

prospective license may be submitted to 

Patent Counsel, Office of the Chief 

Counsel, Mail Code CC–A, NASA John 

F. Kennedy Space Center, Kennedy 

Space Center, FL 32899. Email: kscpatent-counsel@mail.ksc.nasa.gov. 

Telephone: 321–867–2076; Facsimile: 

321–867–1817. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Leahy, Patent Attorney, Office 

of the Chief Counsel, Mail Code CC–A, 

NASA John F. Kennedy Space Center, 

Kennedy Space Center, FL 32899. 

Telephone: 321–867–6553; Facsimile: 

321–867–1817. 

SUPPLEMENTARY INFORMATION: This 

notice of intent to grant an exclusive 

patent license is issued in accordance 

with 35 U.S.C. 209(c)(1) and 37 CFR 

404.7(b)(1). The patent rights in these 

inventions have been assigned to the 

United States of America as represented 

by the Administrator of the National 

Aeronautics and Space Administration. 

The prospective exclusive license will 

comply with the requirements of 35 

U.S.C. 209 and 37 CFR 404.7. 

Information about other NASA 

inventions available for licensing can be 

found online at http://

technology.nasa.gov. 

Mark P. Dvorscak, 

Agency Counsel for Intellectual Property. 

[FR Doc. 2017–17396 Filed 8–16–17; 8:45 am] 

BILLING CODE 7510–13–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–333; NRC–2017–0177] 

James A. FitzPatrick Nuclear Power 

Plant; Consideration of Approval of 

Transfer of License and Conforming 

Amendment 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Application for direct transfer of 

license; opportunity to comment, 

request a hearing, and petition for leave 

to intervene. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) received and is 

considering approval of an application 

filed by Exelon Generation Company, 

LLC and its wholly owned subsidiary, 

Exelon FitzPatrick, LLC (collectively, 

‘‘the applicants’’) on July 24, 2017. The 

applicants seek NRC’s approval of the 

direct transfer of ownership of Facility 

Operating License No. DPR–59 for the 

James A. FitzPatrick Nuclear Power 

Plant (FitzPatrick) and general license 

for the Independent Spent Fuel Storage 

Installation from Exelon Generation 

Company, LLC, to Exelon FitzPatrick, 

LLC. The NRC is also considering 

amending the renewed facility operating 

license for administrative purposes to 

reflect the proposed transfer. The 

application contains sensitive 

unclassified non-safeguards information 

(SUNSI). 

DATES: Comments must be filed by 

September 18, 2017. A request for a 

hearing must be filed by September 6, 

2017. Any potential party as defined in 

§ 2.4 of title 10 of the Code of Federal 

Regulations (10 CFR) who believes 

access to SUNSI is necessary to respond 

to this notice must follow the 

instructions in Section VI of the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

ADDRESSES: You may submit comments 

by any of the following methods (unless 

this document describes a different 

method for submitting comments on a 

specific subject): 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0177. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Email comments to: 

Hearingdocket@nrc.gov. If you do not 

receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Booma Venkataraman, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington DC 

20555–0001; telephone: 301–415–2934, 

email: Booma.Venkataraman@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2017– 

0177 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0177. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

application for the direct license 

transfer of FitzPatrick is available in 

ADAMS under Accession No. 

ML17206A395. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2017– 

0177 in your comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 


sradovich on DSK3GMQ082PROD with NOTICES
39140 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 

disclosed in your comment submission. 

The NRC posts all comment 

submissions at http://

www.regulations.gov as well as entering 

the comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment submissions into 

ADAMS. 

II. Introduction 

The NRC is considering the issuance 

of an order under § 50.80 of title 10 of 

the Code of Federal Regulations (10 

CFR), approving the direct transfer of 

control of FitzPatrick, currently held by 

Exelon Generation Company, LLC. The 

transfer would be to Exelon FitzPatrick, 

LLC. The NRC is also considering 

amending the renewed facility operating 

licenses for administrative purposes to 

reflect the proposed transfer. 

Following approval of the proposed 

direct transfer of control of the license, 

Exelon FitzPatrick, LLC would acquire 

ownership of the facility. Exelon 

Generation Company, LLC would be 

responsible for the operation and 

maintenance of FitzPatrick. 

No physical changes to FitzPatrick or 

operational changes are being proposed 

in the application. 

The NRC’s regulations at 10 CFR 

50.80 state that no license, or any right 

thereunder, shall be transferred, directly 

or indirectly, through transfer of control 

of the license, unless the Commission 

gives its consent in writing. The 

Commission will approve an 

application for the direct transfer of a 

license if the Commission determines 

that the proposed transferee is qualified 

to hold the license, and that the transfer 

is otherwise consistent with applicable 

provisions of law, regulations, and 

orders issued by the Commission. 

Before issuance of the proposed 

conforming license amendment, the 

Commission will have made findings 

required by the Atomic Energy Act of 

1954, as amended (the Act), and the 

Commission’s regulations. 

As provided in 10 CFR 2.1315, unless 

otherwise determined by the 

Commission with regard to a specific 

application, the Commission has 

determined that any amendment to the 

license of a utilization facility or to the 

license of an Independent Spent Fuel 

Storage Installation, which does no 

more than conform the license to reflect 

the transfer action involves no 

significant hazards consideration and no 

genuine issue as to whether the health 

and safety of the public will be 

significantly affected. No contrary 

determination has been made with 

respect to this specific license 

amendment application. In light of the 

generic determination reflected in 10 

CFR 2.1315, no public comments with 

respect to significant hazards 

considerations are being solicited, 

notwithstanding the general comment 

procedures contained in 10 CFR 50.91. 

III. Opportunity To Comment 

Within 30 days from the date of 

publication of this notice, persons may 

submit written comments regarding the 

license transfer application, as provided 

for in 10 CFR 2.1305. The Commission 

will consider and, if appropriate, 

respond to these comments, but such 

comments will not otherwise constitute 

part of the decisional record. Comments 

should be submitted as described in the 

ADDRESSES section of this document. 

IV. Opportunity To Request a Hearing 

and Petition for Leave To Intervene 

Within 20 days after the date of 

publication of this notice, any persons 

(petitioner) whose interest may be 

affected by this action may file a request 

for a hearing and petition for leave to 

intervene (petition) with respect to the 

action. Petitions shall be filed in 

accordance with the Commission’s 

‘‘Agency Rules of Practice and 

Procedure’’ in 10 CFR part 2. Interested 

persons should consult a current copy 

of 10 CFR 2.309. The NRC’s regulations 

are accessible electronically from the 

NRC Library on the NRC’s Web site at 

http://www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of 

the regulations is available at the NRC’s 

Public Document Room, located at One 

White Flit North, Room O1–F21, 11555 

Rockville Pike, Rockville, Maryland 

20852. If a petition is filed, the 

Commission or a presiding officer will 

rule on the petition and, if appropriate, 

a notice of a hearing will be issued. 

As required by 10 CFR 2.309(d), the 

petition should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements for 

standing: (1) The name, address, and 

telephone number of the petitioner; (2) 

the nature of the petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the petitioner’s property, financial, or 

other interest in the proceeding; and (4) 

the possible effect of any decision or 

order which may be entered in the 

proceeding on the petitioner’s interest. 

In accordance with 10 CFR 2.309(f), 

the petition must also set forth the 

specific contentions which the 

petitioner seeks to have litigated in the 

proceeding. Each contention must 

consist of a specific statement of the 

issue of law or fact to be raised or 

controverted. In addition, the petitioner 

must provide a brief explanation of the 

bases for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner must also 

provide references to the specific 

sources and documents on which the 

petitioner intends to rely to support its 

position on the issue. The petition must 

include sufficient information to show 

that a genuine dispute exists with the 

applicant or licensee on a material issue 

of law or fact. Contentions must be 

limited to matters within the scope of 

the proceeding. The contention must be 

one which, if proven, would entitle the 

petitioner to relief. A petitioner who 

fails to satisfy the requirements at 10 

CFR 2.309(f) with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene. Parties have the opportunity 

to participate fully in the conduct of the 

hearing with respect to resolution of 

that party’s admitted contentions, 

including the opportunity to present 

evidence consistent with the NRC’s 

regulations, policies, and procedures. 

Petitions must be filed no later than 

20 days from the date of publication of 

this notice. Petitions and motions for 

leave to file new or amended 

contentions that are filed after the 

deadline will not be entertained absent 

a determination by the presiding officer 

that the filing demonstrates good cause 

by satisfying the three factors in 10 CFR 

2.309(c)(1)(i) through (iii). The petition 

must be filed in accordance with the 

filing instructions in the ‘‘Electronic 

Submission (E-Filling)’’ section of this 

document. 

A State, local governmental body, 

Federally-recognized Indian Tribe, or 

agency thereof, may submit a petition to 

the Commission to participate as a party 

under 10 CFR 2.309(h)(1). The petition 

should state the nature and extent of the 

petitioner’s interest in the proceeding. 

The petition should be submitted to the 

Commission no later than 20 days from 


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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 39141 

the date of publication of this notice. 

The petition must be filed in accordance 

with the filing instructions in the 

‘‘Electronic Submissions (E-Filing)’’ 

section of this document, and should 

meet the requirements for petitions set 

forth in this section, except that under 

10 CFR 2.309(h)(2) a State, local 

governmental body, or Federally 

recognized Indian Tribe, or agency 

thereof does not need to address the 

standing requirements in 10 CFR 

2.309(d) if the facility is located within 

its boundaries. Alternatively, a State, 

local governmental body, Federally 

recognized Indian Tribe, or agency 

thereof may participate as a non-party 

under 10 CFR 2.315(c). 

If a hearing is granted, any person 

who is not a party to the proceeding and 

is not affiliated with or represented by 

a party may, at the discretion of the 

presiding officer, be permitted to make 

a limited appearance pursuant to the 

provisions of 10 CFR 2.315(a). A person 

making a limited appearance may make 

an oral or written statement of his or her 

position on the issues but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to the 

limits and conditions as may be 

imposed by the presiding officer. Details 

regarding the opportunity to make a 

limited appearance will be provided by 

the presiding officer if such sessions are 

scheduled. 

V. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing and petition for 

leave to intervene (petition), any motion 

or other document filed in the 

proceeding prior to the submission of a 

request for hearing or petition to 

intervene, and documents filed by 

interested governmental entities that 

request to participate under 10 CFR 

2.315(c), must be filed in accordance 

with the NRC’s E-Filing rule (72 FR 

49139; August 28, 2007, as amended at 

77 FR 46562, August 3, 2012). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the internet, or in some 

cases to mail copies on electronic 

storage media. Detailed guidance on 

making electronic submissions may be 

found in the Guidance for Electronic 

Submissions to the NRC and on the 

NRC’s Web site at http://www.nrc.gov/ 

site-help/e-submittals.html. Participants 

may not submit paper copies of their 

filings unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to (1) request a digital 

identification (ID) certificate, which 

allows the participant (or its counsel or 

representative) to digitally sign 

submissions and access the E-Filing 

system for any proceeding in which it 

is participating; and (2) advise the 

Secretary that the participant will be 

submitting a petition or other 

adjudicatory document (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for the hearing in this proceeding 

if the Secretary has not already 

established an electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public Web site at http://

www.nrc.gov/site-help/e-submittals/ 

getting-started.html. Once a participant 

has obtained a digital ID certificate and 

a docket has been created, the 

participant can then submit 

adjudicatory documents. Submissions 

must be in Portable Document Format 

(PDF). Additional guidance on PDF 

submissions is available on the NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/electronic-sub-ref-mat.html. A 

filing is considered complete at the time 

the document is submitted through the 

NRC’s E-Filing system. To be timely, an 

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. Eastern Time on the due date. 

Upon receipt of a transmission, the EFiling system time-stamps the document 

and sends the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed so that they can 

obtain access to the documents via the 

E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

on the NRC’s public Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by email to 

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC 

Electronic Filing Help Desk is available 

between 9 a.m. and 6 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing stating why there is good cause for 

not filing electronically and requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted by: (1) First class 

mail addressed to the Office of the 

Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, 11555 Rockville Pike, 

Rockville, Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing adjudicatory 

documents in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket which is 

available to the public at https://

adams.nrc.gov/ehd, unless excluded 

pursuant to an order of the Commission 

or the presiding officer. If you do not 

have an NRC-issued digital ID certificate 

as described above, click cancel when 

the link requests certificates and you 

will be automatically directed to the 

NRC’s electronic hearing dockets where 

you will be able to access any publicly 

available documents in a particular 

hearing docket. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

personal phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. For example, in some 

instances, individuals provide home 

addresses in order to demonstrate 


sradovich on DSK3GMQ082PROD with NOTICES
39142 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Notices 

1These matters are higher margin levels, fraud or 

manipulation, recordkeeping, reporting, listing 

standards, or decimal pricing for security futures 

products; sales practices for security futures 

products for persons who effect transactions in 

security futures products; or rules effectuating the 

obligation of Security Futures Product Exchanges 

and Limited Purpose National Securities 

Associations to enforce the securities laws. See 15 

U.S.C. 78s(b)(7)(A). 

2See Securities Exchange Act Release No. 57526 

(March 19, 2008), 73 FR 16179 (March 27, 2008). 

3There are currently four Security Futures 

Product Exchanges and one Limited Purpose 

National Securities Association, the National 

Futures Authority. However, two Security Futures 

Product Exchanges currently do not trade security 

futures products and, as a result, have not been 

filing proposed rule changes. Therefore, there are 

currently three respondents to Form 19b–7. 

4SEC staff notes that even though no 

amendments were received in the previous three 

years and that staff does not anticipate the receipt 

of any amendments, calculation of amendments is 

a separate step in the calculation of the PRA burden 

and it is possible that amendments are filed in the 

future. Therefore, instead of removing the 

calculation altogether, staff has shown the 

calculation as anticipating zero amendments. 

5The $396 per hour figure for an Attorney is from 

SIFMA’s Management & Professional Earnings in 

the Securities Industry 2013, modified by 

proximity to a facility or site. With 

respect to copyrighted works, except for 

limited excerpts that serve the purpose 

of the adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

The Commission will issue a notice or 

order granting or denying a hearing 

request or intervention petition, 

designating the issues for any hearing 

that will be held and designating the 

Presiding Officer. A notice granting a 

hearing will be published in the Federal 

Register and served on the parties to the 

hearing. 

For further details with respect to this 

application, see the application dated 

July 24, 2017. 

VI. Access to Sensitive Unclassified 

Non-Safeguards Information for 

Contention Preparation 

Any person who desires access to 

proprietary, confidential commercial 

information that has been redacted from 

the application should contact the 

applicants by telephoning David P. 

Helker, Exelon Corporation, at 610–765– 

5525 for the purpose of negotiating a 

confidentiality agreement or a proposed 

protective order with the applicants. If 

no agreement can be reached, persons 

who desire access to this information 

may file a motion with the Secretary 

and addressed to the Commission that 

requests the issuance of a protective 

order. 

Dated at Rockville, Maryland, this 14th day 

of August, 2017. 

For the Nuclear Regulatory Commission. 

Booma Venkataraman, 

Project Manager, Plant Licensing Branch I, 

Division of Operator Reactor Licensing, Office 

of Nuclear Reactor Regulation. 

[FR Doc. 2017–17403 Filed 8–16–17; 8:45 am] 

BILLING CODE P7590–01–P 

POSTAL SERVICE 

Product Change—Priority Mail 

Negotiated Service Agreement 

AGENCY: Postal ServiceTM. 

ACTION: Notice. 

SUMMARY: The Postal Service gives 

notice of filing a request with the Postal 

Regulatory Commission to add a 

domestic shipping services contract to 

the list of Negotiated Service 

Agreements in the Mail Classification 

Schedule’s Competitive Products List. 

DATES: Date of notice required under 39 

U.S.C. 3642(d)(1): August 17, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth A. Reed, 202–268–3179. 

SUPPLEMENTARY INFORMATION: The 

United States Postal Service® hereby 

gives notice that, pursuant to 39 U.S.C. 

3642 and 3632(b)(3), on August 9, 2017, 

it filed with the Postal Regulatory 

Commission a Request of the United 

States Postal Service to Add Priority 

Mail Contract 340 to Competitive 

Product List. Documents are available at 

www.prc.gov, Docket Nos. MC2017–169, 

CP2017–262. 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2017–17350 Filed 8–16–17; 8:45 am] 

BILLING CODE 7710–12–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–495, OMB Control No. 

3235–0553] 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of FOIA Services, 

100 F St. NE., Washington, DC 20549– 

2736 

Extension: 

Rule 19b–7 and Form 19b–7 

Notice is hereby given that pursuant to the 

Paperwork Reduction Act of 1995 (44 U.S.C. 

3501 et seq. ‘‘PRA’’), the Securities and 

Exchange Commission (‘‘SEC’’ or 

‘‘Commission’’) has submitted to the Office of 

Management and Budget (‘‘OMB’’) a request 

for approval of extension of the existing 

collection of information provided for in 

Rule 19b–7 (17 CFR 240.19b–7) and Form 

19b–7–Filings with respect to proposed rule 

changes submitted pursuant to Section 19b(7) 

under the Securities Exchange Act of 1934 

(15 U.S.C. 78a et seq.) (‘‘Exchange Act’’). 

The Exchange Act provides a framework 

for self-regulation under which various 

entities involved in the securities business, 

including national securities exchanges and 

national securities associations (collectively, 

self-regulatory organizations or ‘‘SROs’’), 

have primary responsibility for regulating 

their members or participants. The role of the 

Commission in this framework is primarily 

one of oversight; the Exchange Act charges 

the Commission with supervising the SROs 

and assuring that each complies with and 

advances the policies of the Exchange Act. 

The Exchange Act was amended by the 

Commodity Futures Modernization Act of 

2000 (‘‘CFMA’’). Prior to the CFMA, federal 

law did not allow the trading of futures on 

individual stocks or on narrow-based stock 

indexes (collectively, ‘‘security futures 

products’’). The CFMA removed this 

restriction and provided that trading in 

security futures products would be regulated 

jointly by the Commission and the 

Commodity Futures Trading Commission 

(‘‘CFTC’’). 

The Exchange Act requires all SROs to 

submit to the SEC any proposals to amend, 

add, or delete any of their rules. Certain 

entities (Security Futures Product Exchanges) 

would be notice registered national securities 

exchanges only because they trade security 

futures products. Similarly, certain entities 

(Limited Purpose National Securities 

Associations) would be limited purpose 

national securities associations only because 

their members trade security futures 

products. The Exchange Act, as amended by 

the CFMA, established a procedure for 

Security Futures Product Exchanges and 

Limited Purpose National Securities 

Associations to provide notice of proposed 

rule changes relating to certain matters.1 Rule 

19b–7 and Form 19b–7 implemented this 

procedure. Effective April 28, 2008, the SEC 

amended Rule 19b–7 and Form 19b–7 to 

require that Form 19b–7 be submitted 

electronically.2

The collection of information is designed 

to provide the Commission with the 

information necessary to determine, as 

required by the Exchange Act, whether the 

proposed rule change is consistent with the 

Exchange Act and the rules thereunder. The 

information is used to determine if the 

proposed rule change should remain in effect 

or abrogated. 

The respondents to the collection of 

information are SROs. Three respondents file 

an average total of approximately 3 responses 

per year.3 Each response takes approximately 

12.5 hours to complete and each amendment 

takes approximately 3 hours to complete, 

which correspond to an estimated annual 

response burden of 37.5 hours ((3 rule change 

proposals × 12.5 hours) + (0 amendments 4 × 

3 hours)). The average internal cost of 

compliance per response is $4,761 (11.5 legal 

hours multiplied by an average hourly rate of 

$396 5 plus 1 hour of paralegal work 


sradovich on DSK3GMQ082PROD with NOTICES