[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Notices]
[Pages 6700-6705]
[FR Doc No: 2021-01403]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90936; File No. SR-BX-2021-001]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the BX
Options Pricing Schedule

January 15, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 4, 2021, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the BX Options Pricing Schedule at
Options 7.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/bx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    Today, Lead Market Makers (``LMMs'') \3\ are assessed the same fees
and rebates in Options 7, Section 2 as BX Options Market Makers.\4\ The
purpose of the proposed rule change is to amend Options 7, Section 2 to
(i) increase the LMM Rebate to Add Liquidity, (ii) decrease the LMM Fee
to Add Liquidity, and (iii) restructure the existing pricing schedules
to add separate pricing for LMMs, which will apply in each case to LMMs
in their specifically appointed options classes. As described in detail
below, while the Exchange is proposing to add separate pricing for LMMs
in the existing schedules, LMMs will continue to be assessed the same
BX Options Market Makers fees and rebates in their specifically
allocated options classes under this proposal except with respect to
the proposed LMM Rebate to Add Liquidity and proposed LMM Fee to Add
Liquidity. The Exchange also proposes to amend its Opening Cross \5\
pricing provisions in Options 7, Section 2(2) to correct an inadvertent
omission. Lastly, the Exchange proposes various technical, non-
substantive changes throughout Options 7, including to update cross-
cites to obsolete rules.
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    \3\ The term ``Lead Market Maker'' or (``LMM'') applies to a
registered BX Options Market Maker that is approved pursuant to
Options 2, Section 3 to be the LMM in an options class (options
classes).
    \4\ The term ``BX Options Market Maker'' or (``M'') is a
Participant that has registered as a Market Maker on BX Options
pursuant to Options 2, Section 1, and must also remain in good
standing pursuant to Options 2, Section 9. In order to receive
Market Maker pricing in all securities, the Participant must be
registered as a BX Options Market Maker in at least one security.
    \5\ See Options 3, Section 8.
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    The proposed changes respond in part to the current competitive
environment where market participants have a choice of where to direct
order flow by incentivizing LMMs to increase their liquidity provision
on the Exchange.
LMM Rebate To Add Liquidity
    Today, as set forth in Options 7, Section 2(1), LMMs are provided
the $0.10 per contract BX Options Market Maker Rebate to Add Liquidity
in Penny Symbols in their specifically allocated options classes. This
rebate is provided only when the LMM is contra to a Non-Customer,\6\
Firm,\7\ or BX Options Market Maker (including LMMs).\8\
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    \6\ A Non-Customer includes a Professional, Broker-Dealer and
Non-BX Options Market Maker.
    \7\ The term ``Firm'' or (``F'') applies to any transaction that
is identified by a Participant for clearing in the Firm range at
OCC.
    \8\ See Options 7, Section 2(1), note 2.
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    The Exchange now proposes to increase this rebate to $0.11 per
contract for LMMs only. This rebate will apply to LMMs in their
specifically allocated options classes, and will have the same
qualifications as the existing BX Options Market Maker rebate in that
the incentive will only be provided to LMMs that are contra to Non-
Customers, Firms, BX Options Market Makers, or LMMs. To effect this
change, the Exchange proposes to set forth the LMM Rebate to Add
Liquidity in Penny Symbols in a separate pricing column in Options 7,
Section 2(1). The Exchange will also amend the rebate qualifications in
note 2 of Options 7, Section 2(1) to include LMMs. As amended, note 2
will provide that the Rebate to Add Liquidity will be paid to a BX
Options Market Maker or a Lead Market Maker only when the BX Options
Market Maker or Lead Market Maker is contra to a Non-Customer, Firm, BX
Options Market Maker, or Lead Market Maker.
LMM Fee To Add Liquidity
    Today, as set forth in Options 7, Section 2(1), LMMs are charged
the $0.39 per contract BX Options Market Maker Fee to Add Liquidity in
Penny Symbols in their specifically allocated options classes. Pursuant
to note 3 of Options 7, Section 2(1), this fee is assessed only when
the LMM is contra to a Customer.\9\
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    \9\ The term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer
range at The Options Clearing Corporation (``OCC'') which is not for
the account of broker or dealer or for the account of a
``Professional'' (as that term is defined in Options 1, Section
1(a)(48)).
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    The Exchange now proposes to decrease this fee to $0.38 per
contract for LMMs only. This fee will apply to LMMs in their
specifically allocated options classes, and will have the same
qualifications as the existing BX Options Market Maker fee in that the
fee only will be assessed to LMMs that are contra to Customers. To
effect this change, the Exchange proposes to set forth the LMM Fee to
Add Liquidity in Penny Symbols in a separate pricing column in Options
7, Section 2(1). The Exchange will also amend the fee qualifications in
note 3 of Options 7, Section 2(1) to include LMMs. As amended, note 3
will provide that the Fee to Add Liquidity will be assessed to a BX
Options Market Maker or a Lead

Market Maker only when the BX Options Market Maker or Lead Market Maker
is contra to a Customer.
Separate LMM Pricing
    The Exchange also proposes to restructure the existing pricing
schedules to add separate pricing for LMMs. As noted above, while the
Exchange is proposing to add separate pricing for LMMs, LMMs will
continue to be assessed the same BX Options Market Makers fees and
rebates in their specifically allocated options classes under this
proposal except with respect to the new LMM Rebate to Add Liquidity and
new LMM Fee to Add Liquidity discussed above.
    To effect this change, the Exchange first proposes to amend the
fees and rebates for Penny and Non-Penny Symbols in Options 7, Section
2(1) by adding a separate column for LMM pricing. In the Penny Symbol
and Non-Penny Symbol Tier Schedules within Options 7, Section 2(1), the
Exchange also proposes to add LMMs next to each instance of BX Options
Market Maker. The Exchange will make similar changes to note 4 of
Options 7, Section 2(1) to add ``or a Lead Market Maker'' after each
instance of BX Options Market Maker. As amended, the pricing schedules
and accompanying notes for Penny and Non-Penny Symbols will be as
follows:

                                                Fees and Rebates
                                             [Per executed contract]
----------------------------------------------------------------------------------------------------------------
                                                    Lead market     BX options     Non- customer
                                     Customer          maker       market maker         \1\            Firm
----------------------------------------------------------------------------------------------------------------
Penny Symbols:
    Rebate to Add Liquidity.....                      \2\ $0.11       \2\ $0.10             N/A             N/A
Fee to Add Liquidity............                       \3\ 0.38        \3\ 0.39            0.45            0.45
Rebate to Remove Liquidity......                            N/A             N/A             N/A             N/A
Fee to Remove Liquidity.........             N/A                                          0.46            0.46
Non-Penny Symbols:..............  ..............  ..............  ..............  ..............  ..............
Rebate to Add Liquidity.........               *             N/A             N/A             N/A             N/A
Fee to Add Liquidity............               *   \4\ 0.50/0.95   \4\ 0.50/0.95            0.98            0.98
Rebate to Remove Liquidity......               *             N/A             N/A             N/A             N/A
Fee to Remove Liquidity.........             N/A               *               *            0.89            0.89
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\1\ A Non-Customer includes a Professional, Broker-Dealer and Non-BX Options Market Maker.
\2\ The Rebate to Add Liquidity will be paid to a BX Options Market Maker or a Lead Market Maker only when the
  BX Options Market Maker or Lead Market Maker is contra to a Non-Customer, Firm, BX Options Market Maker, or
  Lead Market Maker.
\3\ The Fee to Add Liquidity will be assessed to a BX Options Market Maker or a Lead Market Maker only when the
  BX Options Market Maker or Lead Market Maker is contra to a Customer.
\4\ The higher Fee to Add Liquidity will be assessed to a BX Options Market Maker or a Lead Market Maker only
  when the BX Options Market Maker or Lead Market Maker is contra to a Customer.
 Penny Symbols Tier Schedule

--------------------------------------------------------------------------------------------------------------------------------------------------------
                          When:                              Rebate to add        Fee to add      Rebate to remove    Fee to remove      Fee to remove
----------------------------------------------------------     liquidity          liquidity          liquidity          liquidity          liquidity
                                                          ----------------------------------------------------------------------------------------------
                                                                Customer           Customer           Customer      Lead market maker  Lead market maker
                                                          ---------------------------------------------------------   or BX  options     or BX  options
                                                                                market maker       market maker
                                                             Non-customer,                         Non-customer,   -------------------------------------
                      Trading with:                           lead market                           lead market                          Non-customer,
                                                           maker, BX options       Customer      maker, BX options                        lead market
                                                            market maker, or                       market maker,         Customer      maker, BX options
                                                                  firm                           customer, or firm                      market maker, or
                                                                                firm
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Tier 1: Participant executes less than 0.05% of total                  $0.00              $0.39              $0.00              $0.39              $0.46
 industry customer equity and ETF option ADV contracts
 per month...............................................
Tier 2: Participant executes 0.05% to less than 0.15% of                0.10               0.39               0.25               0.39               0.46
 total industry customer equity and ETF option ADV
 contracts per month.....................................
Tier 3: Participant executes 0.15% or more of total                     0.20               0.39               0.35               0.30               0.46
 industry customer equity and ETF option ADV contracts
 per month...............................................
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                                                            * Non-Penny Symbols Tier Schedule
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Tier 1: Participant executes less than 0.05% of total                   0.00               0.85               0.80               0.89               0.89
 industry customer equity and ETF option ADV contracts
 per month...............................................
Tier 2: Participant executes 0.05% to less than 0.15% of                0.10               0.85               0.80               0.89               0.89
 total industry customer equity and ETF option ADV.......
contracts per month......................................

Tier 3: Participant executes 0.15% or more of total                     0.20               0.85               0.80               0.60               0.89
 industry customer equity and ETF option ADV contracts
 per month...............................................
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    As shown above, the only fee changes relate to the proposed LMM
Rebate to Add Liquidity in Penny Symbols and the proposed LMM Fee to
Add Liquidity in Penny Symbols. Otherwise, LMMs will continue to be
charged at the same rate for Penny and Non-Penny Symbols under this
proposal (i.e., the same as BX Options Market Makers).
    The Exchange also proposes to make similar changes in Options 7,
Section 2(4) and Section 2(5) to add separate pricing for LMMs. In
Section 2(4), which sets forth pricing for orders executed in the
Exchange's exposure mechanism,\10\ the Exchange proposes to add a
separate pricing column for LMMs that will set forth the same fees and
rebates that LMMs are assessed today (i.e., the same as BX Options
Market Makers). As amended, the pricing schedule for exposure orders in
Section 2(4) will be as follows:
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    \10\ See Options 5, Section 4.

                                                Fees and Rebates
                                             [Per executed contract]
----------------------------------------------------------------------------------------------------------------
                                                                    Lead market     BX options
                                                     Customer          maker       market maker    Non-customer
----------------------------------------------------------------------------------------------------------------
Penny Symbols:
    Rebate for Order triggering order exposure             $0.34           $0.00           $0.00           $0.00
     alert......................................
    Fee for Order responding to order exposure              0.39            0.39            0.39            0.45
     alert......................................
    Non-Penny Symbols...........................  ..............  ..............  ..............  ..............
    Rebate for Order triggering order exposure              0.70            0.00            0.00            0.00
     alert......................................
    Fee for Order responding to order exposure              0.85            0.85            0.85            0.89
     alert......................................
----------------------------------------------------------------------------------------------------------------

    In Section 2(5), which sets forth pricing for orders executed in
the Exchange's Price Improvement Mechanism (``PRISM''),\11\ the
Exchange proposes to add a separate pricing row for LMMs that will set
forth the same fees and rebates that LMMs are assessed today (i.e., the
same as BX Options Market Makers). As amended, the pricing schedule for
PRISM orders in Section 2(5) will be as follows:
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    \11\ See Options 3, Section 13.

                                                                    Fees and Rebates
                                                                      [Per contact]
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                                                                             Submitted      Responded to PRISM auction     PRISM order traded with PRISM
                                                                            PRISM order  --------------------------------            response
                                                                         ----------------               Fee              -------------------------------
               Type of market participants                 Agency order         Fee      --------------------------------             Rebate
                                                                         ----------------                                -------------------------------
                                                                            Contra-side    Penny classes     Non-penny                       Non-penny
                                                                               order                          classes      Penny classes      classes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customer................................................           $0.00           $0.00           $0.49           $0.94           $0.35           $0.70
Lead Market Maker.......................................            0.30            0.05            0.49            0.94            0.00            0.00
BX Options Market Maker.................................            0.30            0.05            0.49            0.94            0.00            0.00
Non-Customer............................................            0.30            0.05            0.49            0.94            0.00            0.00
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Opening Cross
    The Exchange proposes to amend its Opening Cross pricing provisions
in Options 7, Section 2(2) to correct an inadvertent omission.
Specifically, the Exchange submitted a rule filing effective on July 3,
2012 to adopt fees and rebates for BX Options, which, among other
things, adopted the pricing for market participants during the Opening
Cross (``2012 Filing'').\12\ As discussed in the 2012 Filing, BX's

Opening Cross pricing was intended to be similar to the Opening Cross
pricing on its affiliate, The Nasdaq Options Market (``NOM''), in that
BX would similarly assess a Fee to Remove Liquidity on all market
participants, other than a Customer, during the Opening Cross. Indeed,
NOM's Pricing Schedule specifically states that ``Broker-Dealers,
Professionals, Firms, Non-NOM Market Makers and NOM Market Makers will
be assessed the Fee for Removing Liquidity during the Exchange's
Opening Cross.'' \13\ Accordingly, the 2012 Filing should have likewise
reflected that BX Options Market Makers would be assessed the Fee to
Remove Liquidity during the Exchange's Opening Cross. However, the 2012
Filing inadvertently omitted these market participants in the Exhibit 5
rule text. As a result of this drafting error, the current rule in
Options 7, Section 2(2) incorrectly indicates that only Professionals,
Firms, Broker-Dealers and Non-BX Options Market Makers will be assessed
the Fee to Remove Liquidity during the Opening Cross. Therefore, the
Exchange proposes to add that BX Options Market Makers will be assessed
the Fee to Remove Liquidity during the Exchange's Opening Cross. The
Exchange notes that this change is corrective in nature and does not
change any rates that are currently applied to BX Options Market Makers
during the Opening Cross.
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    \12\ See Securities Exchange Act Release No. 67339 (July 3,
2012), 77 FR 40688 (July 10, 2012) (SR-BX-2012-043).
    \13\ See NOM Options 7, Section 2(2) (emphasis added).
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    The Exchange also proposes a non-substantive change in this section
to replace Professionals, Broker-Dealers, and Non-BX Options Market
Makers with the term ``Non-Customers,'' which encompasses those market
participant types. Finally, in light of the proposed changes to
separately provide for LMM pricing throughout Options 7, Section 2 by
adding LMMs next to each instance of BX Options Market Makers, the
Exchange proposes to add LMMs to the Opening Cross pricing provisions
in Section 2(2). As discussed above, LMMs are currently charged the
same rates as BX Options Market Makers, including during the Opening
Cross (i.e., the Fee to Remove Liquidity), and the Exchange is not
proposing to amend the current rates applied to LMMs during the Opening
Cross. With the proposed changes, the last sentence of Options 7,
Section 2(2) will now provide: ``Lead Market Makers, BX Options Market
Makers, Non-Customers, and Firms will be assessed the Fee to Remove
Liquidity during the Exchange's Opening Cross.''
Technical Changes
    The Exchange proposes a number of technical, non-substantive
changes in Options 7. The Exchange first proposes to add ``Section 1
General Provisions'' at the beginning of the Pricing Schedule. The
Exchange will also remove ``Section 1'' before the title ``Collection
of Exchange Fees and Other Claims-BX Options'' and incorporate those
provisions within the new Section 1, which will include other
provisions such as the Pricing Schedule definitions. This change will
assist Participants when citing to these defined terms, which currently
has no section reference.
    The Exchange also proposes to update obsolete rule citations within
proposed Section 1 to reflect the current rules.\14\ The Exchange
previously relocated the Rulebook and certain cross-cites were not
updated.\15\
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    \14\ In particular, the Exchange will update obsolete cross-
cites in the definitions of ``Customer,'' ``BX Options Market
Maker,'' ``Lead Market Maker,'' ``Professional,'' and ``Joint Back
Office.'' Similarly, the Exchange will also update the obsolete
cross-cite in current Section 1 (Collection of Exchange Fees and
Other Claims-BX Options).
    \15\ See Securities Exchange Act Release No. 84326 (October 1,
2018), 83 FR 50414 (October 5, 2018) (SR-BX-2018-046).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\16\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\17\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange's proposed changes to its schedule of credits are
reasonable in several respects. As a threshold matter, the Exchange is
subject to significant competitive forces in the market for options
securities transaction services that constrain its pricing
determinations in that market. The fact that this market is competitive
has long been recognized by the courts. In NetCoalition v. Securities
and Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \18\
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    \18\ NetCoalition v. SEC, 615 F.3d 525, 539 (DC Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \19\
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    \19\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
options security transaction services. The Exchange is only one of
sixteen options exchanges to which market participants may direct their
order flow. Competing options exchanges offer similar pricing
structures to that of the Exchange, including schedules of rebates and
fees that differentiate between LMMs and other market participants.\20\
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    \20\ See, e.g., NYSE Arca Options Fees and Charges, Trade-
Related Charges for Standard Options.
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    Within this environment, market participants can freely and often
do shift their order flow among the Exchange and competing venues in
response to changes in their respective pricing schedules. As such, the
proposal represents a reasonable attempt by the Exchange to increase
its liquidity and market share relative to its competitors.
LMM Rebate To Add Liquidity
    The Exchange believes that the proposed LMM Rebate to Add Liquidity
in Penny Symbols is reasonable, equitable, and not unfairly
discriminatory. The proposal will offer a higher $0.11 per contract
rebate to qualifying LMMs in their specifically allocated options
classes along the same lines as the existing $0.10 per contract BX
Options Market Maker Rebate to Add Liquidity in Penny Symbols (i.e.,
only if the order is contra to Non-Customers, Firms, BX Options Market
Makers, or LMMs). The Exchange

believes that the proposed rebate will incentivize LMMs to increase
their liquidity provision on the Exchange, which will ultimately
benefit all market participants through the quality of order
interaction.
    The Exchange further believes that the proposed differentiation
between LMMs and other market participants through the higher $0.11 per
contract Rebate to Add Liquidity recognizes the differing contributions
made to the liquidity and trading environment on the Exchange by LMMs
through their quoting obligations and their commitment of capital,
unlike other market participants. In addition, LMMs are subject to
heightened quoting obligations compared to BX Options Market
Makers.\21\ Accordingly, the Exchange believes that offering a higher
rebate to LMMs is equitable and not unfairly discriminatory.
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    \21\ See Options 2, Section 4(j) (setting forth the 90% or
higher quoting requirements for LMMs) and Section 5(d) (setting
forth the 60% or higher quoting obligations for BX Options Market
Makers).
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LMM Fee To Add Liquidity
    The Exchange believes that the proposed LMM Fee to Add Liquidity in
Penny Symbols is reasonable, equitable and not unfairly discriminatory.
The proposal will assess a lower $0.38 per contract fee to LMMs in
their specifically allocated options classes along the same lines as
the existing $0.39 per contract BX Options Market Maker Fee to Add
Liquidity in Penny Symbols (i.e., only if the order is contra to
Customers). The Exchange believes that the proposed fee remains
competitive and will continue to attract order flow to BX to the
benefit of all market participants. As described above, the proposed
fee is lower than the current fee assessed to LMMs when trading against
a Customer. The Exchange believes that the lower fee will incentivize
LMMs to increase their liquidity provision on the Exchange, which will
ultimately benefit all market participants through the quality of order
interaction.
    The Exchange further believes that the proposed differentiation
between LMMs and other market participants through the lower $0.38 per
contract Fee to Add Liquidity recognizes the differing contributions
made to the liquidity and trading environment on the Exchange by LMMs
through their quoting obligations and their commitment of capital,
unlike other market participants. In addition, LMMs are subject to
heightened quoting obligations compared to BX Options Market
Makers.\22\ Accordingly, the Exchange believes that offering a lower
fee to LMMs is equitable and not unfairly discriminatory.
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    \22\ Id.
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Separate LMM Pricing
    The Exchange believes that its proposal to restructure the pricing
schedules in Options 7, Section 2 to add separate pricing for LMMs is
reasonable, equitable, and not unfairly discriminatory. While the
Exchange is proposing to add separate pricing for LMMs, LMMs will
continue to be assessed the same BX Options Market Makers fees and
rebates in their specifically allocated options classes under this
proposal except with respect to the higher LMM Rebate to Add Liquidity
in Penny Symbols and lower LMM Fee to Add Liquidity in Penny Symbols,
as discussed above. The Exchange believes that separately providing for
LMMs throughout the pricing schedules in Options 7, Section 2 will
provide greater clarity and transparency as to what fees and rebates
are assessed to this type of market participant.
Opening Cross
    The Exchange believes that the proposed changes to the Opening
Cross pricing provisions in Options 7, Section 2(2) is reasonable,
equitable, and not unfairly discriminatory as it does not change the
pricing currently assessed by the Exchange during the Opening Cross,
but rather corrects an inadvertent omission by the 2012 Filing to
include BX Options Market Makers within Options 7, Section 2(2). As
discussed above, the Exchange intended to follow the Opening Cross
pricing on NOM such that BX would similarly assess a Fee to Remove
Liquidity on all market participants, other than a Customer, during the
Opening Cross. The Exchange believes that the proposed correction to
add BX Options Market Makers will help ensure that the Pricing Schedule
more accurately represents the rates assessed currently during the
Opening Cross and in the manner as originally intended by the 2012
Filing, thereby avoiding any potential confusion among market
participants. The Exchange again notes that this proposed change is
merely corrective in nature and does not change any rates that are
currently applied during the Opening Cross.
    The proposed changes to add LMMs to the Opening Cross pricing
provisions likewise do not change any rates that are currently applied
to market participants during the Opening Cross. LMMs will continue to
be assessed the same rates as BX Options Market Makers, including
during the Opening Cross (i.e., the Fee to Remove Liquidity). Lastly,
the proposed change to replace Professionals, Broker-Dealers, and Non-
BX Options Market Makers with the term ``Non-Customers,'' which
encompasses those market participant types, is non-substantive in
nature. Accordingly, the Exchange believes that foregoing modifications
are reasonable, equitable, and not unfairly discriminatory.
Technical Changes
    The Exchange believes that the proposed technical changes described
above are reasonable, equitable, and not unfairly discriminatory as
they are all non-substantive changes intended to promote greater
clarity and transparency to the Exchange's Pricing Schedule.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of intra-market
competition, the proposed pricing changes are designed to attract
additional order flow to the Exchange. The Exchange believes that the
proposed higher LMM Rebate to Add Liquidity and lower LMM Fee to Add
Liquidity will continue to incentivize LMMs to direct their order flow
to the Exchange. Greater liquidity benefits all market participants on
the Exchange by providing more trading opportunities and encourages
LMMs to send orders to the Exchange, thereby contributing to robust
levels of liquidity to the benefit of all market participants.
    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
options exchanges. Because competitors are free to modify their own
fees in response, and because market participants may readily adjust
their order routing practices, the Exchange does not believe that its
proposed fee change will impose any burden on intermarket competition.
Furthermore, as noted above, competing options exchanges offer similar
pricing structures to that of the Exchange, including schedules of
rebates and fees that differentiate between LMMs and other market
participants.\23\
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    \23\ See supra note 20.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\24\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2021-001 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-BX-2021-001. 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-BX-2021-001 and should be submitted on
or before February 12, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-01403 Filed 1-21-21; 8:45 am]
BILLING CODE 8011-01-P


Record for the Final Metal Product and Machinery Rule Sensitivity Analysis for Adult Lead Benefits Based on a 7 Percent Discount Rate Adult Lead Benefits, Weighted Estimates ( Proposed/ NODA Option) Category Health Effect Reduced Cases Annual Benefits ( 2001$) Female BI 0.0585 $ 14,713.50 CBA 0.0952 $ 23,928.23 CHD 0.2158 $ 15,990.54 Mortality 0.2292 $ 1,489,984.30 BI 0.0961 $ 32,196.98 Male CBA 0.1698 $ 56,906.87 CHD 0.5444 $ 40,349.05 Hypertension 545.2466 $ 622,126.42 Mortality 0.7308 $ 4,750,132.46 Total $ 7,046,328.35 Adult Lead Benefits, Weighted Estimates ( Directs + 413 to 433 Upgrade Option) Category Health Effect Reduced Cases Annual Benefits ( 2001$) Female BI 0.0059 $ 1,487.33 CBA 0.0096 $ 2,416.78 CHD 0.0218 $ 1,613.61 Mortality 0.0231 $ 150,190.17 BI 0.0096 $ 3,226.02 Male CBA 0.0170 $ 5,697.59 CHD 0.0544 $ 4,033.08 Hypertension 53.4654 $ 61,004.04 Mortality 0.0730 $ 474,735.00 Total $ 704,403.63 Adult Lead Benefits, Weighted Estimates ( Directs + All to 433 Upgrade Option) Category Health Effect Reduced Cases Annual Benefits ( 2001$) Female BI 0.0066 $ 1,657.92 CBA 0.0107 $ 2,693.97 CHD 0.0243 $ 1,798.69 Mortality 0.0258 $ 167,416.58 BI 0.0107 $ 3,595.61 Male CBA 0.0189 $ 6,350.34 CHD 0.0607 $ 4,495.14 Hypertension 59.5809 $ 67,981.80 Mortality 0.0814 $ 529,124.57 Total $ 785,114.63 February 14, 2003 Page 1 of 1 exlleadwx. xls  Adult Lead


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Page 62931]
[FR Doc No: 2013-24610]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Pacific Clean Water Technologies, Inc.; Order of Suspension of
Trading

October 11, 2013.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Pacific Clean Water Technologies, Inc. (``PCWT'') because of questions
regarding the adequacy and accuracy of publicly disseminated
information concerning, among other things, the company's business
operations. PCWT is a Delaware corporation based in Irvine, California.
It is quoted on OTC Link under the symbol PCWT.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 5:30 p.m. EDT on
October 11, 2013 through 11:59 p.m. EDT, on October 24, 2013.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-24610 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Page 9512]
[FR Doc No: 2019-04847]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-44-000]

Tucson Electric Power Company, UNS Electric, Inc., UniSource
Energy Development Company; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On March 8, 2019, the Commission issued an order in Docket No.
EL19-44-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into whether above-
captioned entities' market-based rate authority in the Tucson Electric
Power Company balancing authority area is just and reasonable. Tucson
Electric Power Company, et al., 166 FERC ] 61,175 (2019).
    The refund effective date in Docket No. EL19-44-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL19-44-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2018),
within 21 days of the date of issuance of the order.

    Dated: March 8, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-04847 Filed 3-14-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Rules and Regulations]
[Pages 54298-54299]
[FR Doc No: 2017-24885]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0149; FRL-9970-82-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National
Ambient Air Quality Standard for the Maryland Portion of the
Philadelphia-Wilmington-Atlantic City Nonattainment Area; Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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

SUMMARY: Due to the receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the September 25, 2017 direct
final rule that approved the 2011 base year inventory for the Maryland
portion of the Philadelphia-Wilmington-Atlantic City marginal
nonattainment area for the 2008 8-hour ozone national ambient air
quality standard (NAAQS). EPA stated in the direct final rule that if
EPA received adverse comments by October 25, 2017, the rule would be
withdrawn and not take effect. EPA subsequently received an adverse
comment. EPA will address the comment received in a subsequent final
action based upon the proposed action also published on September 25,
2017. EPA will not institute a second comment period on this action.

DATES: As of as of November 17, 2017, the direct final rule published
at 82 FR 44522 on September 25, 2017 is withdrawn.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION: On May 21, 2012, the Philadelphia-
Wilmington-Atlantic City area was designated as marginal nonattainment
for the 2008 8-hour ozone NAAQS. 77 FR 30088. The Philadelphia-
Wilmington-Atlantic City nonattainment area is comprised of Cecil
County in Maryland, as well as counties in Delaware, New Jersey, and
Pennsylvania. Under section 172(c)(3) of the Clean Air Act (CAA),
Maryland is required to submit a comprehensive, accurate, and current
inventory of actual emissions from all sources of the relevant
pollutants, i.e. the ozone precursors nitrogen oxides (NOX)
and volatile organic compounds (VOCs), in its marginal nonattainment
area, i.e., the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area. On January 19, 2017, the State of
Maryland, through the Maryland Department of the Environment (MDE),
submitted a formal revision (state implementation plan (SIP) # 16-15)
to its SIP. The SIP revision consists of the 2011 base year inventory
for the Maryland portion of the Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour ozone NAAQS.
    EPA approved Maryland's 2011 base year inventory for the Maryland
portion of the Philadelphia-Wilmington-Atlantic City nonattainment area
for the 2008 8-hour ozone NAAQS in the direct final rule published on
September 25, 2017 (82 FR 44522). In this direct final rule, we stated
that if we received adverse comment by October 25, 2017, the rule would
be withdrawn and not take effect. EPA subsequently received an adverse
comment. On September 25, 2017 (82 FR 44522), EPA simultaneously
proposed to approve Maryland's 2011 base year inventory for the
Maryland portion of the Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour ozone NAAQS. EPA will address
the comment received in a subsequent final action based upon this
proposed action and will not institute a second comment period on this
action.
    As a result of the comment received, EPA is withdrawing the direct
final rule approving Maryland's 2011 base year inventory for the
Maryland portion of the Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour ozone NAAQS.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: November 3, 2017.
Cosmo Servidio,
Regional Administrator, Region III.

0
Accordingly, the amendment to Sec.  52.1070(e) published on September
25, 2017 (82 FR 44522), which were to become effective November 24,
2017, is withdrawn.

[FR Doc. 2017-24885 Filed 11-16-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58583-58585]
[FR Doc No: 2018-25232]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA 2012-N-0129]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; General Licensing
Provisions; Section 351(k) Biosimilar Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
December 20, 2018.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to [email protected]. All
comments should be identified with the OMB control number 0910-0719.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, 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: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

General Licensing Provisions; Section 351(k) Biosimilar Applications

OMB Control Number 0910-0719--Extension

    The Biologics Price Competition and Innovation Act of 2009 (BPCI
Act) amended the Public Health Service Act (PHS Act) and other statutes
to create an abbreviated licensure pathway for biological products
shown to be biosimilar to, or interchangeable with, an FDA-licensed
reference product. Section 351(k) of the PHS Act (42 U.S.C. 262(k)),
added by the BPCI Act, sets forth the requirements for an application
for a proposed biosimilar product and an application or a supplement
for a proposed interchangeable product. Section 351(k) defines
biosimilarity to mean that the biological product is highly similar to
the reference product notwithstanding minor differences in clinically
inactive components and that ``there are no clinically meaningful
differences between the biological product and the reference product in
terms of the safety, purity, and potency of the product'' (see section
351(i)(2) of the PHS Act). A 351(k) application must contain, among
other things, information demonstrating that the biological product is
biosimilar to a reference product based upon data derived from
analytical studies, animal studies, and clinical studies, unless FDA
determines, in its discretion, that certain studies are unnecessary in
a 351(k) application (see section 351(k)(2) of the PHS Act). To meet
the standard for interchangeability, an applicant must provide
sufficient information to demonstrate biosimilarity and also to
demonstrate that the biological product can be expected to produce the
same clinical result as the reference product in any given patient and,
if the biological product is administered more than once to an
individual, the risk in terms of safety or diminished efficacy of
alternating or switching between the use of the biological product and
the reference product is not greater than the risk of using the
reference product without such alternation or switch (see section
351(k)(4) of the PHS Act).
    Interchangeable products may be substituted for the reference
product without the intervention of the prescribing healthcare provider
(see section 351(i)(3) of the PHS Act) In estimating the information
collection burden for 351(k) biosimilar product applications and
interchangeable product applications or supplements, we reviewed the
number of 351(k) applications FDA has received in fiscal years 2015,
2016, and 2017, considered responses to a survey of biosimilar sponsors
and applicants regarding projected future 351(k) submission volumes, as
well as the collection of information regarding the general licensing
provisions for biologics license applications under section 351(a) of
the PHS Act submitted to OMB (approved under OMB control number 0910-
0338).
    To submit an application seeking licensure of a proposed biosimilar
product under sections 351(k)(2)(A)(i) and (iii) of the PHS Act, the
estimated burden hours (FDA believes) would be approximately the same
as noted under OMB control number 0910-0338 for a 351(a) application--
860 hours. The burden estimates for seeking licensure of a proposed
biosimilar product that meets the standards for interchangeability
under sections 351(k)(2)(B) and (k)(4) would also be 860 hours per
application. FDA believes these estimates are appropriate for 351(k)
applications because the paperwork burden for a 351(k) application is
expected to be comparable to the paperwork burden for a 351(a)
application.
    In addition to the collection of information regarding the
submission of a 351(k) application for a proposed biosimilar or
interchangeable biological product, section 351(l) of the BPCI Act
establishes procedures for identifying and resolving patent disputes
involving applications submitted under section 351(k) of the PHS Act.
The burden estimate for the patent notification provisions under
section 351(l)(6)(C) of the BPCI Act are included in table 1 and are
based on the estimated number of 351(k) applicants. Based on similar
reporting requirements, FDA estimates this notification will take 2
hours.
    In the Federal Register of July 3, 2018 (83 FR 31152), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
 351(k) Applications (42 U.S.C.      Number of     responses per   Total annual     burden per      Total hours
             262(k))                respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
351(k)(2)(A)(i) and                            4            2.25               9             860           7,740
 351(k)(2)(A)(iii) Biosimilar
 Product Applications...........
351(k)(2)(B) and (k)(4)                        2               1               2             860           1,720
 Interchangeable Product
 Applications or Supplements....
351(l)(6)(C) Patent Infringement               4            2.25               9               2              18
 Notifications..................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           9,478
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, the estimated burden for the information
collection reflects an overall increase in total hours and responses.
We attribute this adjustment to an increase in the number of
submissions received over the last few years and additional interest in
the biosimilars program.

    Dated: November 14, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-25232 Filed 11-19-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 3780-3781]
[FR Doc No: 2021-00020]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0887; Airspace Docket No. 20-ACE-22]
RIN 2120-AA66

Amendment Class E Airspace; Elkhart, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the Class E airspace extending upward from
700 feet above the surface at Elkhart-Morton County Airport, Elkhart,
KS. This action is the result of an airspace review caused by the
decommissioning of the Elkhart non-directional beacon (NDB).

DATES: Effective 0901 UTC, April 22, 2021. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

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

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Elkhart-Morton County Airport, Elkhart, KS, to support
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 67325; October 22, 2020) for Docket No. FAA-2020-0887
to amend the Class E airspace extending upward from 700 feet above the
surface at Elkhart-Morton County Airport, Elkhart, KS. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends the Class E airspace extending upward from 700 feet
above the surface at Elkhart-Morton County Airport, Elkhart, KS, by
removing the Elkhart NDB an associated extensions from the airspace
legal description.
    This action is due to an airspace review caused by the
decommissioning of the Elkhart NDB which provided navigational
information to the instrument procedures at this airport. FAA Order
7400.11, Airspace Designations and Reporting Points, is published
yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

ACE KS E5 Elkhart, KS [Amended]

Elkhart-Morton County Airport, KS
    (Lat. 37[deg]00'03'' N, long. 101[deg]52'48''W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Elkhart-Morton County Airport.

    Issued in Fort Worth, Texas, on January 4, 2021.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-00020 Filed 1-14-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27485-27486]
[FR Doc No: 2016-10608]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77754; File No. SR-ISE-2016-10]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Schedule of Fees

May 2, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 18, 2016, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change, as described
in Items I, II, and III below, which items have been prepared by the
self-regulatory organization. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The ISE proposes to amend its Market Maker API fees as described in
more detail below. The text of the proposed rule change is available on
the Exchange's Web site (http://www.ise.com), at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange charges application programming interface (``API'')
fees to Market Makers \3\ for connecting to the Exchange. Each Market
Maker session enabled for quoting is billed at a rate of $1,000 per
month, and allows the Market Maker to submit an average of up to 1.5
million quotes per day.\4\ Market Makers must pay for a minimum of two
of these sessions, and incremental usage above 1.5 million quotes per
day results in the Market Maker being charged for an additional
session. Due to recent increases in quoting activity, Market Makers
that aggressively quote on the Exchange are being billed for an
increasing number of quoting sessions. The Exchange therefore proposes
to introduce a cap on the API fees charged to Market Makers that meet
specified performance criteria. In particular, Market Makers that
achieve any tier of Market Maker Plus \5\ by routinely quoting at the
national best bid or offer in 200 or more symbols (other than SPY) will
have their API fees capped at 200 quoting sessions per month.\6\ In
addition, the Exchange proposes to offer certain other incentives for
Market Makers based on quoting activity in other symbols. Market Makers
that achieve Market Maker Plus in SPY will receive credit for five
quoting sessions. Market Makers that quote in all FX option products
\7\ will not have their FX option quotes counted towards the 1.5
million quote threshold, and will receive additional credit for twelve
quoting sessions. All credited sessions will be applied after the 200
API session cap. For example, a member that uses 220 quoting sessions
and achieves Market Maker Plus in SPY and 200 or more non-SPY symbols,
will be billed for 195 quoting sessions--i.e., a cap of 200 sessions
for achieving Market Maker Plus in 200 non-SPY symbols minus the 5
credited sessions for achieving Market Maker Plus in SPY.
---------------------------------------------------------------------------

    \3\ The term ``Market Makers'' refers to ``Competitive Market
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule
100(a)(25).
    \4\ Quoting sessions also support order entry and listening. The
Exchange separately offers Market Maker API sessions for listening
only ($175 per month per API), and order entry and listening ($750
per month per API). The Exchange is not proposing any changes to the
API fees charged for non-quoting sessions.
    \5\ A Market Maker Plus is a Market Maker who is on the National
Best Bid or National Best Offer a specified percentage of the time
for series trading between $0.03 and $3.00 (for options whose
underlying stock's previous trading day's last sale price was less
than or equal to $100) and between $0.10 and $3.00 (for options
whose underlying stock's previous trading day's last sale price was
greater than $100) in premium in each of the front two expiration
months. The specified percentage is at least 80% but lower than 85%
of the time for Tier 1, at least 85% but lower than 95% of the time
for Tier 2, and at least 95% of the time for Tier 3. A Market
Maker's single best and single worst quoting days each month based
on the front two expiration months, on a per symbol basis, will be
excluded in calculating whether a Market Maker qualifies for Market
Maker Plus, if doing so will qualify a Market Maker for Market Maker
Plus.
    \6\ The Exchange notes that ``Trading Application Software''
fees contained in Section V of the Schedule of Fees are currently
billed on the 15th of each month. The Exchange will be moving its
billing cycle for these fees to the beginning of the calendar month
to coincide with the billing cycle for transaction fees so that API
session fees can be appropriately mapped to Market Maker Plus
status. As such, each member's next monlth bill will cover the full
month of May. Members will not be billed for the period of April 18,
2016 to April 30, 2016.
    \7\ The complete set of FX option products offered is: NZD, PZO,
SKA, BRB, AUX, BPX, CDD, EUI, YUK, SFC, AUM, GBP, EUU and NDO.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and Section
6(b)(4) of the Act,\9\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed fee change is reasonable
and equitable because the proposed changes will reduce the impact of
increased quoting activity on Market Maker API charges, and will
encourage Market Makers to maintain quality markets in order to qualify
for the proposed incentives. As noted above, Market Makers are
currently facing increased API charges due to increases in quoting
activity for members that quote aggressively. The Exchange believes
that a cap in API fees is appropriate for Market Makers that
consistently maintain quality markets as demonstrated by achieving
Market Maker Plus in a number of symbols. The Exchange also believes
that it is appropriate to grant free API sessions to members that
achieve Market Maker Plus in SPY, which is the most actively traded
name on the Exchange. Similarly, the Exchange believes that it is
appropriate to grant an additional quoting allowance as well as free
API

sessions to members that support the Exchange's proprietary FX option
products. Furthermore, the Exchange does not believe that the proposed
fee changes are unfairly discriminatory as all Market Makers that meet
the specified performance criteria are eligible for the proposed
incentives. The Exchange also does not believe it is unfairly
discriminatory to only offer API incentives to Market Makers. As
explained above, the proposed fee changes are targeted towards Market
Makers as Market Maker API fees have been increasing due to increased
quoting activity on the Exchange. Electronic Access Members (``EAMs'')
already pay significantly lower connectivity charges for their API or
Financial Information eXchange (``FIX'') sessions.\10\ Moreover, each
of the proposed changes are geared towards reducing Market Maker API
fees in exchange for actively maintaining quality markets, which will
benefit all market participants that trade on the Exchange.
---------------------------------------------------------------------------

    \10\ EAM Options APIs are billed at a rate of $250 per session
per month for the first five sessions, and $100 per session per
month for the sixth and additional sessions. EAM Options FIX
Sessions are billed at a rate of $250 per month for the first and
second session, and $50 per session per month for the third and
additional sessions. See ISE Schedule of Fees, V. Trading
Application Software, C. FIX Session/API Session Fees. The
connectivity provided to EAMs under this section provides
connectivity to both ISE and ISE Gemini, LLC. Id.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
does not believe that the proposed rule change will impose any burden
on intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. To the contrary,
the Exchange believes that the proposed fee change is pro-competitive
as it is designed to lower the fees charged to Market Makers that
assist the Exchange in maintaining quality markets in a number of
different products. The Exchange operates in a highly competitive
market in which market participants can readily direct their order flow
to competing venues. In such an environment, the Exchange must
continually review, and consider adjusting, its fees and rebates to
remain competitive with other exchanges. For the reasons described
above, the Exchange believes that the proposed fee changes reflect this
competitive environment.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \12\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\13\ because it establishes a due, fee, or other charge
imposed by ISE.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2016-10 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-ISE-2016-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the ISE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2016-10 and should be
submitted by May 27, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-10608 Filed 5-5-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62793-62795]
[FR Doc No: 2016-21828]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-[2016-0042]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA confirms its decision to exempt 58 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions enable these individuals to operate CMVs in interstate
commerce.

DATES: The exemptions were effective on July 28, 2016. The exemptions
expire on July 28, 2018.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these

comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On June 28, 2016, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 58 individuals and requested
comments from the public (81 FR 42044. The public comment period closed
on July 28, 2016, and one comment was received.
    FMCSA has evaluated the eligibility of the 58 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 58 applicants have had ITDM over a range of one to 40 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the June 28, 2016, Federal Register
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received one comments in this proceeding. An anonymous
commenter stated that they believe drivers should not have to be placed
in the comment period before receiving the exemptions. As discussed in
the initial request for comments published on June 28, 2016, all
exemptions that the Agency considers granting must be put forth in a 30
day public comment period, as required by law.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

VI. Conclusion

    Based upon its evaluation of the 58 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above 49 CFR
391.64(b)):

Scott D. Allen (NE)
Timothy K. Beal (NJ)
Casey G. Bergman (MN)
Chad B. Bramblett (NC)
Robert J. Brearley, Jr. (AL)
Gary R. Butts (NY)
Carey P. Cole (PA)
John W. Cyrus (VA)
Paul J. Dematas (NY)
Tara DiPierri (NY)
William G. Edgell (OH)
Robert M. Flory (OH)
Jason L. Garrett (TX)
Faustino P. Garza (TX)
Robert D. Golding (NM)
Bruce E. Gusler (NH)
Seth R. Hamilton (NY)
Travis L. Handy (DE)
Paul D. Hollenbeck (UT)
Larry J. Huisman (NE)
Brian J. Hurley (IL)
Jarmone W. Johnson (MD)
Dan M. Kirk (OR)
Sung Y. Kong (NJ)
Kevin M. Krug (IN)
Brian C. Link (NY)
Timothy J. Loeschen (TX)
Bruce A. Mattison (WA)
Brian K. McGowan (AR)
James K. Medeiros (RI)
Brian C. Moffett, Jr. (MD)
Gregory S. Montierth (CA)
Daniel M. Mulligan (NJ)
John N. Mulready, Jr. (MA)
Jerry L. Niichel (IA)
Donald S. Oakes (PA)
Ardell Parks (IL)
Terry D. Paxton (PA)
Lawrence C. Powers (MI)
Reynier Prieto (FL)

Charles V. Radford, Jr. (NC)
Manuel A. Samayoa (GA)
Malcolm D. Small (TX)
Russell F. Smith (PA)
Trenton W. Socha (TX)
Edward D. Sprague (WI)
Carla J. Stafford (TN)
Jennifer N. Stout (TX)
Virgil W. Sykes (WI)
Luis M. Torres (CT)
Lyle D. Tunink (IA)
Fasitupe Tupuola (CA)
Christa VanHook (KY)
Saverio Verre (NJ)
Raymond R. Webker (OH)
James A. Wiggins (OK)
Reed R. Wilken (IL)
Abraham K. Yohannan (NY)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is
valid for two years unless revoked earlier by FMCSA. The exemption will
be revoked if the following occurs: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: August 25, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-21828 Filed 9-9-16; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: August 11, 2006 (Volume 71, Number 155)]
[Notices]
[Page 46219]
[DOCID:fr11au06-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the Record Communications; Public Notice

August 7, 2006.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using

the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    Exempt:

------------------------------------------------------------------------
          Docket No.            Date  received   Presenter or  requester
------------------------------------------------------------------------
1. CP05-420-000...............          8-1-06  Heinz J. Mueller.
2. CP06-12-000, CP06-13-000...          8-1-06  Heinz J. Mueller.
3. CP06-369-000, CP06-275-000.         7-27-06  Hon. Tim Murphy.
4. Project No. 1971-000.......          8-3-06  Donna L. Street.
5. Project No. 12053-000......          8-1-06  Cindy Charles.
6. Project No. 12053-001......          8-3-06  Alan Mitchnick.
------------------------------------------------------------------------

Magalie R. Salas,
 Secretary.
[FR Doc. E6-13145 Filed 8-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Pages 3460-3461]
[FR Doc No: 2014-00956]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0124]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated October 24, 2013, the Cuyahoga Valley Scenic Railroad (CVSX)
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR Part 223, Safety Glazing Standards--
Locomotives, Passenger Cars and Cabooses. FRA assigned the petition
Docket Number FRA-2013-0124. CVSX, an Ohio non-profit 501(c)(3)
organization, petitioned for a waiver of compliance from certain
provisions of the safety glazing standards as prescribed by 49 CFR
223.15, Requirements for existing passenger cars, for 10 coach cars
used in tourist/excursion service. Specifically, the car numbers are:
CVSX 1, 89, 105, 110, 727, 2914, 3052, 3126, 6217, and 8700. These cars
were built by various car builders in the late 1940s and early 1950s.
The cars were acquired by CVSX between 1993 and 2009 from multiple
sources. The trains are locomotive-hauled and operate in rural areas at
speeds up to 29 mph. Since the cars were purchased and delivered to
CVSX, there have been no acts of vandalism against the glazing. The
primary use of the cars is for excursion trips on 25 miles of single
track through the Cuyahoga Valley National Park. These cars typically
operate up to12 months a year.
    The cars are equipped with laminated safety glass and have windows
marked for emergency egress on the interior as well as the exterior.
The cars have emergency tools to break the marked egress windows. As
these windows are not manufactured emergency egress windows, they will
be marked as to where to break for emergency use. First responders
within the park will attend periodic training seminars on how to remove
these windows.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.

     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 7, 2014 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/# !privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-00956 Filed 1-17-14; 8:45 am]
BILLING CODE 4910-06-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY
                             2000 TRAVERWOOD DRIVE
                           ANN ARBOR, MI  48105-2498

									     OFFICE OF
									AIR AND RADIATION
September 22, 2020

MEMORANDUM

SUBJECT: Meeting with Boeing, Fedex and General Electric  -  August 25, 2020

FROM: 	John Mueller, Mechanical Engineer
	Assessment and Standards Division
	Office of Transport and Air Quality
	U.S. Environmental Protection Agency

TO:	Docket EPA-HQ-OAR-2018-0276

On August 25, 2020, representatives from Boeing, Fedex and General Electric (GE) met virtually with representatives of the Environmental Protection Agency (EPA) on the subject of the recently proposed airplane greenhouse gas emissions standards.  A complete list of attendees is attached.  The primary topics discussed included the applicability of the proposed standards to military products, freighters and in-service airplanes, and the proposed data collection requirements.

                               List of Attendees

EPA
	William Charmley
	Rosemary Hambright
	Cullen Leggett
      Bryan Manning
      John Mueller
      Mike Samulski
      Mike Thrift

Boeing
	Ted Austell
	Dan Allyn
      Matt Iwicki
      Sean Newsome
      Peter Pagano
      Steve Rusak

Fedex
      Anne Bechdolt

GE
	Darby Beckker
	Thaddeus Driscoll
      Neal Kemkar