[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42227-42228]
[FR Doc No: 2023-13912]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1352; Airspace Docket No. 23-ASO-24]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Columbus, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace, Class E surface airspace,
and Class E airspace extending upward from 700 feet above the surface
for Golden Triangle Regional Airport, Columbus, MS, by updating the
airport's description header and geographic coordinates, as well as the
geographic coordinates of Columbus AFB, Columbus-Lowndes County
Airport, Oktibbeha Airport, and McCharen Field. In addition, this
action makes the editorial changes replacing the term Notice to Airmen
with Notice to Air Missions and replacing the term Airport/Facility
Directory with Chart Supplement. This action does not change the
airspace boundaries or operating requirements.

DATES: Effective 0901 UTC, October 5, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: This final rule may be viewed online at www.regulations.gov
using the FAA Docket number. Electronic retrieval helps, and guidelines
are available on the website. It is available 24 hours a day, 365 days
a year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at 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.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it updates airspace descriptions. This update is an administrative
change and does not change the airspace boundaries or operating
requirements.

Incorporation by Reference

    Class D and Class E airspace are published in paragraphs 5000,
6002, and 6005 of FAA Order JO 7400.11, Airspace Designations and
Reporting Points, which is incorporated by reference in 14 CFR 71.1
annually. This document amends the current version of that order, FAA
Order JO 7400.11G, dated August 19, 2022, and effective September 15,
2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. These amendments will be published
in the next FAA Order JO 7400.11 update. FAA Order JO 7400.11G lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 amends the Class D airspace, Class
E surface airspace, and Class E airspace extending upward from 700 feet
above the surface for Golden Triangle Regional Airport, Columbus, MS,
by updating the airport's description header's city name from Columbus
Golden Triangle, MS to Columbus, MS in the Class D and Class E surface
airspace descriptions, and the airport's geographic coordinates, as
well as the geographic coordinates of Columbus AFB, Columbus-Lowndes
County Airport, Oktibbeha Airport, and McCharen Field. In addition,
this action makes the editorial changes replacing the term Notice to
Airmen with Notice to Air Missions and replacing the term Airport/
Facility Directory with Chart Supplement in the appropriate
descriptions. This action is an administrative change and does not
affect the airspace boundaries or operating requirements; therefore,
notice and public procedure under 5 U.S.C. 553(b) is unnecessary.

Regulatory Notices and Analyses

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

Environmental Review

    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 the preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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 14 CFR 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 Federal Aviation
Administration Order JO 7400.11G, Airspace Designations and Reporting
Points, dated August 19, 2022, and effective September 15, 2022, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO MS D Columbus, MS [Amended]

Golden Triangle Regional Airport, MS
    (Lat 33[deg]26'54'' N, long 88[deg]35'29'' W)

    That airspace extending upward from the surface to and including
2,800 feet MSL within a 4.1-mile radius of the Golden Triangle
Regional Airport. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to Air
Missions. The effective date and time will thereafter be
continuously published in the Chart Supplement.
* * * * *

Paragraph 6002 Class E Surface Airspace.

* * * * *

ASO MS E2 Columbus, MS [Amended]

Golden Triangle Regional Airport, MS
    (Lat 33[deg]26'54'' N, long 88[deg]35'29'' W)

    That airspace extending upward from the surface within a 4.1-
mile radius of the Golden Triangle Regional Airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.
* * * * *

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

* * * * *

ASO MS E5 Columbus, MS [Amended]

Columbus AFB, MS
    (Lat 33[deg]38'43'' N, long 88[deg]26'45'' W)
Monroe County Airport
    (Lat 33[deg]52'26'' N, long 88[deg]29'23'' W)
Columbus-Lowndes County Airport
    (Lat 33[deg]27'55'' N, long 88[deg]22'51'' W)
Golden Triangle Regional Airport
    (Lat 33[deg]26'54'' N, long 88[deg]35'29'' W)
Oktibbeha Airport
    (Lat 33[deg]29'52'' N, long 88[deg]4'53'' W)
McCharen Field
    (Lat 33[deg]35'03'' N, long 88[deg]40'00'' W)

    That airspace extending upward from 700 feet above the surface
within a 10-mile radius of Columbus AFB, and within a 16-mile radius
of Monroe County Airport, and within a 6.4-mile radius of Columbus-
Lowndes County Airport, and within a 6.6-mile radius of Golden
Triangle Regional Airport, and within a 6.2-mile radius of Oktibbeha
Airport, and within a 6.3-mile radius of McCharen Field.
* * * * *

    Issued in College Park, Georgia, on June 27, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-13912 Filed 6-29-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20063-20065]
[FR Doc No: 2011-8473]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64181; File No. SR-OCC-2010-19]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Approving a Proposed Rule Change Relating to Stock Loan Programs

April 5, 2011.

I. Introduction

    On December 16, 2010, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission a proposed rule
change pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934 (``Act'').\1\ The proposed rule change clarifies the regulatory
treatment under Rule 15c3-1 \2\ of collateral and margin posted by
clearing members participating in stock loan transactions through OCC's
Stock Loan/Hedge Program or Market Loan Program. The proposed rule
change was published for comment in the Federal Register on January 5,
2011.\3\ No comment letters were received. This order approves the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.15c3-1.
    \3\ Securities Exchange Act Release No. 63623 (Dec. 30, 2010),
76 FR 0602.
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II. Description of the Proposal

A. Background

    OCC's Stock Loan/Hedge Program, provided for in Article XXI of
OCC's By-

Laws and Chapter XXII of OCC's Rules, provides a means for OCC clearing
members to submit broker-to-broker stock loan transactions to OCC for
clearance. Broker-to-broker transactions are independently-executed
stock loan transactions that are negotiated directly between two OCC
clearing members. OCC's Market Loan Program, provided for in Article
XXIA of OCC's By-Laws and Chapter XXIIA of OCC's Rules, accommodates
securities loan transactions executed through electronic trading
platforms that match lenders and borrowers on an anonymous basis.
Anonymous stock loan transactions are initiated when a lender or
borrower, which is either an OCC clearing member participating in the
Market Loan Program or a non-clearing member that has a clearing
relationship with an OCC clearing member participating in the Market
Loan Program, accepts a bid/offer displayed on a trading platform.\4\
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    \4\ A clearing member participating in the Market Loan Program
is obligated to OCC as principal with respect to transactions
effected by its customers that are non-clearing members of a trading
platform.
---------------------------------------------------------------------------

    When a stock loan transaction is submitted to and accepted by OCC
for clearance, OCC substitutes itself as the lender to the borrower and
as the borrower to the lender thus serving a function for the stock
loan market similar to the one it serves for the listed options market.
OCC guarantees the future daily mark-to-market payments, which are
effected through OCC's cash settlement system, between the lending
clearing member and borrowing clearing member and guarantees the return
of the loaned stock to the lending clearing member and the return of
the collateral to the borrowing clearing member upon close-out of the
stock loan transaction.\5\ One advantage of submitting stock loan
transactions to OCC is that the stock loan and stock borrow positions
then reside in the clearing member's options account at OCC and, to the
extent that they offset the risk of options positions carried in the
same account, may reduce the clearing member's margin requirement in
the account. OCC's risk is, in turn, reduced by having the benefit of
the hedge.
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    \5\ With respect to both the Stock Loan/Hedge Program and the
Market Loan Program, the loaned securities are moved to the account
of the borrower against cash collateral (normally 102%) through the
facilities of The Depository Trust Company (``DTC''). DTC notifies
OCC that the movement has occurred at the time the transaction is
submitted for clearance. The securities are returned to the lender
against return of the cash collateral through the same mechanism.
---------------------------------------------------------------------------

    One of the tools that OCC uses to manage its exposure to stock loan
transactions is the margin that OCC calculates and collects with
respect to each account of a clearing member.\6\ Such margin consists
of a mark-to-market component that is based on the net asset value of
the account (i.e., the cost to liquidate the account at current
prices). A second component of such margin is the risk component
(``Risk Margin'') determined by OCC's proprietary margin system based
on the net risk of all open positions carried in the account, including
stock loan positions as well as options positions.\7\ An additional
margin requirement (``Additional Margin''), which is solely applicable
to stock loan transactions, arises where the collateral provided by the
borrowing clearing member is greater than the current market value of
the loaned stock. For example, in a stock loan transaction where the
borrowing clearing member is required to provide collateral equal to
102% of the current market value of the loaned stock, OCC will charge
the corresponding lending clearing member an Additional Margin amount
equal to the 2% excess collateral and will credit the borrowing
clearing member an equal amount. The Additional Margin charge/credit is
designed to provide OCC with resources so it can fully compensate a
party to a stock loan transaction in the event of a counterparty
default where the loaned stock or collateral held by the non-defaulting
party is worth less than the value of the collateral or loaned stock
exchanged.
---------------------------------------------------------------------------

    \6\ This OCC margin requirement is in addition to the cash
collateral that is transferred to the stock lender and may be
deposited in any form constituting acceptable margin collateral
under OCC Rule 604.
    \7\ OCC does not calculate risk margin on stock loan positions
and stock borrow positions separately from risk margin on options
positions carried in the same account.
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B. Description of Rule Change

    In December 2008, the Commission approved an OCC proposed rule
change that memorialized OCC's understanding that where stock loan
transactions are submitted to OCC for clearance through the Stock Loan/
Hedge Program, any Additional Margin that a clearing member is required
to deposit with OCC will be treated the same as any other portion of
the OCC margin deposit requirement and therefore will not constitute an
unsecured receivable that would otherwise be required to be deducted
from such clearing member's net capital for purposes of Rule 15c3-1.\8\
---------------------------------------------------------------------------

    \8\ Securities Exchange Act Release No. 59036 (Dec. 1, 2008), 73
FR 74554 (Dec. 8, 2008).
---------------------------------------------------------------------------

    Pursuant to this rule change, OCC is expanding the prior
interpretive relief to make clear that: (i) clearing members are not
required to take a net capital deduction with respect to any excess of
the collateral over the market value of the loaned stock and (ii) the
interpretive relief also applies to stock loan transactions submitted
to OCC for clearance through the Market Loan Program. As explained
above, any over-collateralization of the loaned stock will be secured
and offset by Additional Margin charges/credits applied by OCC.
Therefore, any such excess collateral on loaned stock also would not be
deemed to constitute an unsecured receivable for purposes of Rule 15c3-
1.
    In connection with the above-referenced initiatives, OCC will amend
Interpretation .05 to OCC Rule 601 to reflect the regulatory treatment
under Rule 15c3-1 of collateral and margin posted by clearing members
participating in stock loan transactions through the Stock Loan/Hedge
Program and/or Market Loan Program.\9\
---------------------------------------------------------------------------

    \9\ The text of the proposed amendment to Interpretation .05 can
be found at http://www.optionsclearing.com/components/docs/legal/rules_and_bylaws/sr_occ_10_19.pdf.
---------------------------------------------------------------------------

III. Discussion

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed to assure the safeguarding
of securities and funds which are in the custody or control of the
clearing agency or for which it is responsible.\10\ OCC's rule change
to provide additional interpretive relief with respect to the net
capital treatment of stock loan transactions extends OCC's previous
changes to its Stock Loan/Hedge Program \11\ and is similarly designed
to enhance OCC's ability to assure that it has collected sufficient
margin from its members in relation to such members' activity. The new
interpretive relief should continue to provide OCC with the ability to
manage the risk of a clearing member's stock loan activity and should
continue to enable OCC to protect itself and its members from potential
losses associated with the stock loan program. Accordingly, the
Commission finds that the proposed rule change is designed to assure
the safeguarding of securities and funds which are in OCC's custody or
control or for which OCC is responsible.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1(b)(3)(F).
    \11\ Supra note 8.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular Section 17A of the Act \12\ and the rules and regulations
thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q-1.

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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (File No. SR-OCC-2010-19) be and
hereby is approved.\14\
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    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8473 Filed 4-8-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Page 63936]
[FR Doc No: 2011-26612]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Notice of Adjustment of Countywide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: FEMA gives notice that the countywide per capita impact
indicator under the Public Assistance program for disasters declared on
or after October 1, 2011, will be increased.

DATES: Effective Date: October 1, 2011, and applies to major disasters
declared on or after October 1, 2011.

FOR FURTHER INFORMATION CONTACT: William Roche, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In assessing damages for area designations
under 44 CFR 206.40(b), FEMA uses a county-wide per capita indicator to
evaluate the impact of the disaster at the county level. FEMA will
adjust the countywide per capita impact indicator under the Public
Assistance program to reflect annual changes in the Consumer Price
Index for All Urban Consumers published by the Department of Labor.
    FEMA gives notice of an increase in the countywide per capita
impact indicator to $3.39 for all disasters declared on or after
October 1, 2011.
    FEMA bases the adjustment on an increase in the Consumer Price
Index for All Urban Consumers of 3.8 percent for the 12-month period
ended in August 2011. The Bureau of Labor Statistics of the U.S.
Department of Labor released the information on September 15, 2011.

(Catalog of Federal Domestic Assistance No. 97.036, Public
Assistance Grants.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-26612 Filed 10-13-11; 8:45 am]
BILLING CODE 9111-23-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on May 7, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-14977

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of   AMERIJET INTERNATIONAL, INC.,    filed   4/17/03 for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of property and mail between Ft.
Lauderdale/Miami, Florida, and Ciudad del Carmen, Mexico, and to combine
this authority with its current Mexico authority and other authority it
has been awarded or may be awarded in the future.

Applicant rep: John L. Richardson<PHONE_NUMBER>  DOT Analyst: Linda L.
Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted in part  (subject to conditions, see below)

XX  Balance dismissed (see below)

The authority granted was effective when taken: May 6, 2003,   through
May 6, 2005.

Action taken by: 	 Paul L. Gretch

		Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: 	XX  Holder’s
certificate of public convenience and necessity

			XX  Standard Exemption Conditions (attached)

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2, and the notice requirements for seasonal/intermittent
services as set forth in Order 96-11-24, at 5.

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
					2

countries involved.  Furthermore, (a) nothing in the award of the route
integration authority granted should be construed as conferring upon
Amerijet rights (including fifth-freedom intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless
Amerijet notifies the Department of its intent to serve such a market
and unless and until the Department has completed any necessary carrier
selection procedures to determine which carrier(s) should be authorized
to exercise such rights; and (b) should there be a request by any such
carrier to use the limited-entry route rights that are included in
Amerijet’s authority by virtue of the route integration authority
granted here, but that are not then being used by Amerijet, the holding
of such authority by route integration will not be considered as
providing any preference for Amerijet in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

Dismissal:  Consistent with our standard practice, we dismissed that
portion of Amerijet’s request for route integration authority with
respect to future certificate/exemption authority.  See Notice of Action
Taken dated August 19, 1999, in Docket OST-99-6044.

________________________________________________________________________
____________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

							APPENDIX A

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable U.S. Government
requirements concerning security; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										10/2002

 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport, inform
its Principal Security Inspector of its plans.


[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Notices]
[Page 40012-40014]
[DOCID:fr13jy10-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62449; File No. SR-NYSEAmex-2010-67]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Amex LLC To Expand Its $1
Strike Program

July 2, 2010.
    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 July 2, 2010, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II 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.
---------------------------------------------------------------------------

    \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 Exchange proposes to amend Rule 903 Commentary .06 to expand
the Exchange's $1 Strike Price Program (the ``$1 Strike Program'' or
``Program'') to allow the Exchange to select 150 individual stocks on
which options may be listed at $1 strike price intervals. The text of
the proposed rule change is attached as Exhibit 5 to the 19b-4 form. A
copy of this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office, on the Commission's
Web site at http://www.sec.gov, 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 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 purpose of this proposed rule change is to expand the $1 Strike
Program.\3\
---------------------------------------------------------------------------

    \3\ The Commission approved the Program on June 12, 2003. See
Securities Exchange Act Release No. 48024 (June 12, 2003), 68 FR
36617 (June 18, 2003) (SR-Amex-2003-36). The Commission subsequently
approved, through June 5, 2008, four (4) one-year extensions of the
Program. See Securities Exchange Act Release Nos. 49813 (June 4,
2004), 69 FR 33088 (June 14, 2004) (SR-Amex-2004-45) (extending the
Program through June 5, 2005); 51770 (May 31, 2005), 70 FR 33226
(June 7, 2005) (SR-Amex-2005-040) (extending the Program through
June 5, 2006); 53843 (May 19, 2006), 71 FR 30455 (May 26, 2006) (SR-
Amex-2006-49) (extending the Program through June 5,2007); and 55714
(May 7, 2007), 72 FR 26853 (May 11, 2007) (SR-Amex-2007-43)
(extending the Program through June 5, 2008). The Program was
subsequently expanded and permanently approved in 2008. See Exchange
Act Release 571110 (January 8, 2008) 73 FR 2292 (January 14, 2008).
The Program was last expanded in 2009. See Exchange Act Release No.
59587 (March 17, 2009) 74 FR 12414 (March 24, 2009).
---------------------------------------------------------------------------

    The $1 Strike Program currently allows NYSE Amex to select a total
of 55 individual stocks on which option series may be listed at $1
strike price intervals. In order to be eligible for selection into the
Program, the underlying stock must close below $50 in its primary
market on the previous trading day. If selected for the Program, the
Exchange may list strike prices at $1 intervals from $1 to $50, but no
$1 strike price may be listed that is greater than $5 from the
underlying stock's closing price in its primary market on the previous
day. The Exchange may also list $1 strikes on any other option class
designated by another securities exchange that employs a similar
Program under their respective rules. The Exchange may not list long-
term option series (``LEAPS'') \4\ at $1 strike price intervals for any
class selected for the Program, except as specified in subparagraph e.
to Commentary .06 to Rule 903.\5\ The Exchange is also restricted from
listing series with $1 intervals within $0.50 of an existing strike
price in the same series, except that strike prices of $2, $3, and $4
shall be permitted within $0.50 of an existing strike price for classes
also selected to participate in the $0.50 Strike Program.\6\
---------------------------------------------------------------------------

    \4\ LEAPS are long-term options that generally have up to
thirty-nine months from the time they are listed until expiration.
See Rule 903 Commentary .03 Long-Term Equity Option Series (LEAPS).
    \5\ Commentary .06 e. states that the Exchange may list $1
strike prices up to $5 in LEAPS in up to 200 option classes in
individual stocks. See Securities Exchange Act Release No. 61036
(November 19, 2009) 74 FR 62370 (November 27, 2009).
    \6\ Regarding the $0.50 Strike Program, which allows $0.50
strike price intervals for options on stocks trading at or below
$3.00, see Commentary .06 d. to Rule 903 and Securities Exchange Act
Release No. 60720 (September 25, 2009), 74 FR 51205 (October 5,
2009). See also Securities Exchange Act Release No. 61921 (April 15,
2010), 75 FR 21074 (April 22, 2010) (allowing concurrent listing of
$3.50 and $4 strikes for classes that participate in both the $0.50
Strike Program and the $1 Strike Program).
---------------------------------------------------------------------------

    The Exchange now proposes to expand the Program to allow NYSE Amex
to select a total of 150 individual stocks on which option series may
be listed at $1 strike price intervals. The existing restrictions on
listing $1 strikes would continue, i.e., no $1 strike price may be
listed that is greater than $5 from the underlying stock's closing
price in its primary market on the previous day, and NYSE Amex is
restricted from listing any series that would result in strike prices
being $0.50 apart (unless an option class is selected to participate in
both the $1 Strike Program and the $0.50 Strike Program).
    As stated in the Commission order that initially approved NYSE
Amex's Program and in subsequent extensions and expansions of the
Program,\7\ NYSE Amex believes that $1 strike price intervals provide
investors with greater flexibility in the trading of equity options
that overlie lower price stocks by allowing investors to establish
equity options positions that are better tailored to meet their
investment objectives.
---------------------------------------------------------------------------

    \7\ See supra Note 1.
---------------------------------------------------------------------------

    During the time that the $1 Strike Program was a pilot, the
Exchange submitted three pilot reports to the Commission in which the
Exchange discussed, among other things, the strength and efficacy of
the Program based upon the steady increase in volume and open interest
of options traded on the Exchange at $1 strike price intervals; and
that the Program had not and, in the future, should not create capacity
problems for NYSE Amex or the Options Price Reporting Authority
(``OPRA'') systems.\8\ This has not changed. Moreover, the number of $1
strike options traded on the Exchange has continued to increase since
the inception of the Program such that these options are now among some
of the most popular products traded on the Exchange.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 49813 (June 4,
2004), 69 FR 33088 (June 14, 2004); 51770 (May 31, 2005), 70 FR
33226 (June 7, 2005); 53843 (May 19, 2006), 71 FR 30455 (May 26,
2006); and 55714 (May 7, 2007), 72 FR 26853 (May 11, 2007).
---------------------------------------------------------------------------

    The Exchange believes that market conditions have led to an
increase in the number of securities trading below $50 warranting the
proposed expansion of the $1 Strike Program.\9\ In addition, the
Exchange notes that this filing is based on a filing previously
submitted by NASDAQ OMX PHLX, Inc (``PHLX'') that the Commission
recently noticed.\10\ With regard to previous expansions of the
Program, the Commission has approved proposals from the options
exchanges that employ a $1 Strike Program in lockstep.
---------------------------------------------------------------------------

    \9\ See e.g., Exchange Act Release No. 59587 (March 17, 2009) 74
FR 12414 (March 24, 2009) (SR-NYSEAltr-2009-11) (more than five-fold
increase in the number of individual stocks on which options may be
listed at $1 intervals).
    \10\ See Securities Exchange Act Release No. 62151 (May 21,
2010), 75 FR 30078 (May 28, 2010) (SR-Phlx-2010-72).
---------------------------------------------------------------------------

    The Exchange notes that, in addition to options classes that are
trading pursuant to the $1 strike programs of options exchanges, there
are also options trading at $1 strike intervals on the Exchange on over
150 exchange-traded fund shares (``ETFs'') and exchange-traded notes
(``ETNs''),\11\ ETF and ETN options trading at $1 intervals have not,
however, negatively impacted the system capacity of the Exchange or
OPRA.
---------------------------------------------------------------------------

    \11\ See Commentary .05 to Rule 903 allowing $1 strike price
intervals for ETF and ETN options where the strike price is $200 or
less.
---------------------------------------------------------------------------

    With regard to the impact of this proposal on system capacity, NYSE
Amex has analyzed its capacity and represents that it and OPRA have the
necessary systems capacity to handle the potential additional traffic
associated with the listing and trading of an expanded number of series
in the $1 Strike Program.
    The Exchange believes that the $1 Strike Program has provided
investors with greater trading opportunities and flexibility and the
ability to more closely tailor their investment and risk management
strategies and decisions to the movement of the underlying security.
Furthermore, the Exchange has not detected any material proliferation
of illiquid options series resulting from the narrower strike price
intervals. For these reasons, the Exchange requests an expansion of the
current Program and the opportunity to provide investors with
additional strikes for investment, trading, and risk management
purposes.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section

6(b) \12\ of the Securities Exchange Act of 1934 (the ``Act''), in
general, and furthers the objectives of Section 6(b)(5) \13\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest. The Exchange believes that expanding
the current $1 Strike Program will result in a continuing benefit to
investors by giving them more flexibility to closely tailor their
investment decisions in a greater number of securities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to that of
another exchange that has been approved by the Commission.\16\
Therefore, the Commission designates the proposal operative upon
filing.\17\
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 62420 (June 30,
2010) (SR-Phlx-2010-72) (order approving expansion of $1 strike
program to 150 classes).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2010-67 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAmex-2010-67. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for 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 a.m. and 3 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; 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-
NYSEAmex-2010-67 and should be submitted on or before August 3, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-16989 Filed 7-12-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12973-12974]
[FR Doc No: 2023-04116]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0043; OMB No. 1660-0107]

Agency Information Collection Activities: Submission for OMB
Review, Comment Request; Public Assistance Customer Satisfaction
Surveys

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of revisions and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of the
respondents, the estimated burden (i.e., the time, effort and resources
used by respondents to respond) and cost, and the actual data
collection instruments FEMA will use.

DATES: Comments must be submitted on or before March 31, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C St. SW, Washington, DC 20472,
email address: [email protected] or
Jason Salazar, Program Analyst, Recovery Directorate,
[email protected],<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This collection is in accordance with E.O.
12862 and E.O. 13571 requiring all Federal agencies to survey customers
to determine the kind and quality of services they want and their level
of satisfaction with existing services. The Government Performance and
Results Act of 1993 (GPRA) requires Federal agencies to set missions
and goals and to measure agency performance against them. See Public
Law 103-62, 107 Stat 285 (1993). The GPRA Modernization Act of 2010
requires quarterly performance assessments of government programs for
the purposes of assessing agency performance and improvement. See
Public Law 111-352, 124 Stat 3875 (2011). FEMA fulfills these
requirements by collecting customer satisfaction program information
through surveys of States, Local and Tribal governments, and eligible
non-profit organizations.
    This proposed information collection previously published in the
Federal Register on December 9, 2022, at 87 FR 75643 with a 60-day
public comment period. One public comment was received with multiple
questions within it. FEMA has provided detailed responses to these
questions in our Supporting Statement A. The purpose of this notice is
to notify the public that FEMA will submit the information collection
abstracted below to the Office

of Management and Budget for review and clearance.

Collection of Information

    Title: FEMA Public Assistance Program Customer Satisfaction Survey.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0107.
    FEMA Forms: FEMA Form FF-104-FY-21-155 (formerly 519-0-32), Public
Assistance Initial Customer Satisfaction Survey (Telephone); FEMA Form
FF-104-FY-21-156 (formerly 519-0-33), Public Assistance Initial
Customer Satisfaction Survey (internet); FEMA Form FF-104-FY-21-157
(formerly 519-0-34), Public Assistance Assessment Customer Satisfaction
Survey (Telephone); FEMA Form FF-104-FY-21-158 (formerly 519-0-35),
Public Assistance Assessment Customer Satisfaction Survey (internet);
FEMA Manual FM-104-FY-22-102, Customer Survey and Analysis Qualitative
Research Protocol.
    Abstract: Federal agencies are required to survey their customers
to determine the kind and quality of services customers want and their
level of satisfaction with those services. The FEMA Public Assistance
Customer Satisfaction Surveys are used to monitor program performance
and assess service delivery. Survey results are used to ensure the
Agency is meeting the needs of FEMA applicants.
    Affected Public: Not-for-profit institutions; State, Local or
Tribal Government.
    Estimated Number of Respondents: 3,885.
    Estimated Number of Responses: 3,885.
    Estimated Total Annual Burden Hours: 1,839.
    Estimated Total Annual Respondent Cost: $86,459.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $13,500.
    Estimated Total Annual Cost to the Federal Government: $897,467.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-04116 Filed 2-28-23; 8:45 am]
BILLING CODE 9111-24-P


[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
[Notices]
[Pages 48674-48675]
[FR Doc No: 2020-17627]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

ENVIRONMENTAL PROTECTION AGENCY

Coastal Nonpoint Pollution Control Program: Intent To Find That
Washington Has Satisfied All Conditions of Approval Placed on Its
Coastal Nonpoint Pollution Control Program

AGENCY: National Oceanic and Atmospheric Administration, U.S.
Department of Commerce, and U.S. Environmental Protection Agency.

ACTION: Notice of availability of proposed finding; extension to public
comment period.

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

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) and
the U.S. Environmental Protection Agency (EPA) (the agencies) hereby
extend the comment period on the agencies' proposed finding that
Washington has satisfied all conditions the agencies established as
part of their 1998 approval of the State's coastal nonpoint pollution
control program (coastal nonpoint program) under Section 6217 of the
Coastal Zone Act Reauthorization Amendments (CZARA).

DATES: The comment period for the proposed findings published June 15,
2020, at 85 FR 36186, is extended to September 14, 2020.

ADDRESSES: Comments may be submitted by:
     Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/docket?D=NOAA-NOS-2019-0135, click the ``Comment Now!'' icon, complete
the required fields, and enter or attach your comments.
     Mail: Submit written comments to Joelle Gore, Chief,
Stewardship Division (N/OCM6), Office for Coastal Management, NOS,
NOAA, 1305 East-West Highway, Silver Spring, Maryland, 20910; phone
(240) 533-0813; ATTN: Washington Coastal Nonpoint Program.
    Instructions: All comments received are a part of the public record
and will generally be posted for public viewing on www.regulations.gov
without change. All personally identifiable information (name, address,
etc.), confidential business information, or otherwise sensitive
information submitted voluntarily by the commenter will be publicly
accessible. NOAA and EPA will accept anonymous comments (enter ``N/A''
in the required fields if you wish

to remain anonymous). Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The agencies will generally not consider comments or
comment contents located outside of the primary submission (i.e., on
the web, cloud, or other file sharing system).

FOR FURTHER INFORMATION CONTACT: Copies of the proposed findings
document may be found on www.regulations.gov/docket?D=NOAA-NOS-2019-0135 and NOAA's Coastal Nonpoint Pollution Control Program website at
https://coast.noaa.gov/czm/pollutioncontrol/. Additional background
information on the State's program may be obtained upon request from:
Allison Castellan, Stewardship Division (N/OCM6), Office for Coastal
Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland
20910, phone<PHONE_NUMBER>, email<EMAIL_ADDRESS>or
Michelle Wilcox, U.S. EPA Region 10, Washington Operations Office, 300
Desmond Drive SE, Suite 102, Lacey, WA 98503, phone:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On June 15, 2020, NOAA and EPA announced the
availability of proposed findings on Washington's Coastal Nonpoint
Program; see 85 FR 36186 for more complete information about the
agencies' proposed finding. The original 60-day public comment period
was set to end on August 14, 2020. This notice extends the comment
period by 30 days to provide additional time for public comment.

Nicole R. LeBoeuf,
Deputy Assistant Administrator for Ocean Services, National Oceanic and
Atmospheric Administration.
David P. Ross,
Assistant Administrator, Office of Water, Environmental Protection
Agency.
[FR Doc. 2020-17627 Filed 8-11-20; 8:45 am]
BILLING CODE 3510-08-P


[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2465-2467]
[FR Doc No: 2013-00353]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68589; File No. SR-NYSEMKT-2012-89]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending the NYSE Amex
Options Fee Schedule With Respect to Regulatory Fees Related to the
Central Registration Depository, Which Are Collected by the Financial
Industry Regulatory Authority, Inc.

 January 4, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 21, 2012, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the NYSE Amex Options Fee Schedule
(the ``Fee Schedule'') with respect to regulatory fees related to the
Central Registration Depository (``CRD system''), which are collected
by the Financial Industry Regulatory Authority, Inc. (``FINRA''). The
Exchange proposes to implement the fee changes on January 2, 2013. The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule with respect to
regulatory fees related to the CRD system, which are collected by
FINRA.\4\ The Exchange proposes to implement the fee changes on January
2, 2013.
---------------------------------------------------------------------------

    \4\ The CRD system is the central licensing and registration
system for the U.S. securities industry. The CRD system enables
individuals and firms seeking registration with multiple states and
self-regulatory organizations to do so by submitting a single form,
fingerprint card and a combined payment of fees to FINRA. Through
the CRD system, FINRA maintains the qualification, employment and
disciplinary histories of registered associated persons of broker-
dealers.
---------------------------------------------------------------------------

    Certain of the regulatory fees provided in the Fee Schedule are
collected and retained by FINRA via the CRD system for the registration
of associated persons of ATP Holders that are not FINRA members (``Non-
FINRA ATP Holders''). The Exchange originally adopted fees for use of
the CRD system in 2003.\5\ FINRA recently amended certain of the fees
assessed for use of the CRD system, and those amendments will become
effective January 2, 2013.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 48066 (June 19,
2003), 68 FR 38409 (June 27, 2003) (SR-Amex-2003-49).
    \6\ See Securities Exchange Act Release No. 67247 (June 25,
2012), 77 FR 38866 (June 29, 2012) (SR-FINRA-2012-030).
---------------------------------------------------------------------------

    The CRD system fees are user-based and there is no distinction in
the cost incurred by FINRA if the user is a FINRA member or a Non-FINRA
ATP Holder. Accordingly, the Exchange is proposing to amend the fees in
the Fee Schedule to mirror those assessed by FINRA, which will be
implemented concurrently with the amended FINRA fees on January 2,
2013.\7\ The proposed changes are as follows: \8\
---------------------------------------------------------------------------

    \7\ The Exchange notes that it has only adopted the CRD system
fees charged by FINRA to Non-FINRA ATP Holders when such fees are
applicable. In this regard, certain FINRA CRD system fees and
requirements are specific to FINRA members, but do not apply to NYSE
Amex Options-only ATP Holders.
    \8\ The Exchange is proposing to delete the current fees and
descriptions in their entirety and replace them with the updated
fees and descriptions in a separate table that will include all the
fees applicable to Non-FINRA ATP Holders, as discussed further below
(corresponding footnotes in the Fee Schedule would also be
designated as ``reserved''). In this regard, the Exchange is
proposing a new subheading in the ``Regulatory Fees'' section of the
Fee Schedule to differentiate between those fees that are applicable
to all ATP Holders and those fees that are applicable only to Non-
FINRA ATP Holders. The Exchange notes that ATP Holders that are also
FINRA members are charged CRD system fees according to Section (4)
of Schedule A to the FINRA By-laws.

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

     Increasing the disclosure processing fee from $95 to $110;
\9\ and
---------------------------------------------------------------------------

    \9\ See Section (4)(b)(3) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The updated description in the Fee
Schedule for this fee would be ``additional processing of each
initial or amended Form U4, Form U5 or Form BD that includes the
initial reporting, amendment, or certification of one or more
disclosure events or proceedings.'' As noted below, this would
incorporate the applicability of the fee to Form BD processing.
---------------------------------------------------------------------------

     Increasing the manual fingerprint processing fee from $13
to $30.\10\
---------------------------------------------------------------------------

    \10\ See Section (4)(b)(6) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The updated description in the Fee
Schedule for this fee would be ``processing and posting to the CRD
system each set of fingerprint results and identifying information
that have been processed through another self-regulatory
organization and submitted to FINRA.'' The Exchange also proposes to
permanently remove the current $35 fee in the Fee Schedule for
fingerprint processing. The fee for fingerprint processing by FINRA
is addressed via the other fingerprint processing fees described
herein and in the proposed changes to the Fee Schedule.
---------------------------------------------------------------------------

    In addition to increasing the existing CRD system fees, FINRA
adopted a new fee for the additional processing of each initial or
amended Form BD that includes the initial reporting, amendment, or
certification of one or more disclosure events or proceedings.\11\
Broker-dealers use Form BD to, among other things, report disclosure
matters in which they or a control affiliate have been involved. Prior
to the adoption of the new fee, FINRA did not have a fee designed to
cover the costs associated with the review of Form BD, notwithstanding
that the review is similar to that performed of broker-dealers' Forms
U4 and U5. Such reviews include confirming that the matter is properly
reported, reviewing any documentation submitted and determining whether
additional documentation is required, conducting any necessary
independent research and, depending on the matter reported, analyzing
whether the event or proceeding subjects the individual or firm to a
statutory disqualification pursuant to Section 3(a)(39) of the Act.\12\
FINRA adopted a $110 fee for the review of a Form BD, which mirrors the
increased fee adopted for the review of Forms U4 and U5. As such, the
Exchange is adopting the identical fee for FINRA's review of a Form BD
submitted by Non-FINRA ATP Holders.\13\
---------------------------------------------------------------------------

    \11\ See Section (4)(b)(3) of Schedule A to the FINRA By-laws
effective on January 2, 2013.
    \12\ 15 U.S.C. 78c(a)(39).
    \13\ See supra note 9.
---------------------------------------------------------------------------

    The Exchange also proposes to include in its Fee Schedule certain
other fees that are charged by FINRA to FINRA members as well as Non-
FINRA ATP Holders. These fees are as follows: \14\
---------------------------------------------------------------------------

    \14\ Non-FINRA ATP Holders have been charged CRD system fees
since 2003. See supra note 5.
---------------------------------------------------------------------------

     $100 for each initial Form U4 filed for the registration
of a representative or principal; \15\
---------------------------------------------------------------------------

    \15\ See Section (4)(b)(1) of Schedule A to the FINRA By-laws
effective on January 2, 2013. This fee is assessed when a Non-FINRA
ATP Holder submits its first Initial, Transfer, Relicense, or Dual
Registration Form U4 filing on behalf of a registered person. The
current applicable fee is $85.
---------------------------------------------------------------------------

     $15 for processing and posting to the CRD system each set
of fingerprints submitted electronically to FINRA, plus any other
charge that may be imposed by the U.S. Department of Justice for
processing each set of fingerprints; \16\
---------------------------------------------------------------------------

    \16\ See Section (4)(b)(4) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The current applicable fee is $13.
---------------------------------------------------------------------------

     $30 for processing and posting to the CRD system each set
of fingerprint cards submitted in non-electronic format to FINRA, plus
any other charge that may be imposed by the U.S. Department of Justice
for processing each set of fingerprints; \17\ and
---------------------------------------------------------------------------

    \17\ See Section (4)(b)(5) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The current applicable fee is $13.
---------------------------------------------------------------------------

     $45 annually for system processing for each registered
representative and principal.\18\
---------------------------------------------------------------------------

    \18\ See Section (4)(b)(7) of Schedule A to the FINRA By-laws
effective on January 2, 2013. The current applicable fee is $30. The
proposed system processing fee would become effective for the 2013
Renewal Program. In this regard, as part of FINRA's 2013 Renewal
Program, Preliminary Renewal Statements reflecting the proposed $45
system processing fee will be made available in the fourth quarter
of 2012.
---------------------------------------------------------------------------

    The Exchange notes that the proposed change is not otherwise
intended to address any other issues surrounding regulatory fees and
that the Exchange is not aware of any problems that ATP Holders would
have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\19\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\20\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the change is reasonable because the
proposed fees are identical to those adopted by FINRA for use of the
CRD system for disclosure and the registration of FINRA members and
their associated persons. As FINRA noted in amending its fees, it
believed that the fees are reasonable based on the increased costs
associated with operating and maintaining the CRD system, and listed a
number of enhancements made since the last fee increase, including (1)
Incorporation of various uniform registration form changes; (2)
electronic fingerprint processing; (3) Web EFTTM, which
allows subscribing firms to submit batch filings to the CRD system; and
(4) increases in the number and types of reports available through the
CRD system. These increased costs are similarly borne by FINRA when a
Non-FINRA ATP Holder uses the CRD system. FINRA further noted its
belief that the proposed fees are reasonable because they help to
ensure the integrity of the information in the CRD system, which is
very important because the Securities and Exchange Commission
(``Commission''), FINRA, other self-regulatory organizations and state
securities regulators use the CRD system to make licensing and
registration decisions, among other things.
    The Exchange also believes that the change is reasonable because it
will provide greater specificity regarding the CRD system fees that are
applicable to Non-FINRA ATP Holders. All similarly situated ATP Holders
are subject to the same fee structure, and every ATP Holder must use
the CRD system for registration and disclosure. Accordingly, the
Exchange believes that the fees collected for such use should likewise
increase in lockstep with the fees assessed to FINRA members, as is
proposed by the Exchange. The proposed change, like FINRA's proposal,
is equitable and not unfairly discriminatory because it will result in
the same regulatory fees being charged to all ATP Holders required to
report information to the CRD system and for services performed by
FINRA, regardless of whether or not such ATP Holders are FINRA members.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that the proposed change will result in the same regulatory
fees being charged to all ATP Holders required to report information to
the CRD system and for services performed by FINRA, regardless of

whether or not such ATP Holders are FINRA members.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \21\ of the Act and subparagraph (f)(2) of Rule
19b-4 \22\ thereunder, because it establishes a due, fee, or other
charge imposed by NYSE MKT.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 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.

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-NYSEMKT-2012-89 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2012-89. 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 NYSE's principal office or on the Web
site at www.nyse.com. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NYSEMKT-2012-89, and should be submitted on or before February 1,
2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00353 Filed 1-10-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23418-23419]
[FR Doc No: 2021-09181]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4529-DR; Docket ID FEMA-2021-0001]

New Mexico; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Mexico (FEMA-4529-DR), dated April 5, 2020, and
related determinations.

DATES: This amendment was issued March 11, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of New Mexico is hereby amended to include Individual
Assistance limited to COVID-19 Funeral Assistance under Other Needs
Assistance for those areas determined to have been adversely affected
by the event declared a major disaster by the President in his
declaration of April 5, 2020.

    Individual Assistance limited to COVID-19 Funeral Assistance
under Other Needs Assistance for all areas in the State of New
Mexico (already designated for Individual Assistance, limited to the
Crisis Counseling Program and emergency protective measures
[Category B] not authorized under other Federal statutes, including
direct Federal assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049,

Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 7.039, Hazard Mitigation Grant.)

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-09181 Filed 4-30-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57928-57930]
[FR Doc No: 2020-20440]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0069]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Charles Machine Works, Inc.

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

ACTION: Notice of final disposition.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Charles Machine Works, Inc.'s (CMW)
application for a limited 5-year exemption to allow the use of gravity
or syphon-fed fuel systems for auxiliary equipment installed on or used
in connection with commercial motor vehicles (CMV). While the Federal
Motor Carrier Safety Regulations (FMCSR) currently prohibit the use of
fuel systems that supply fuel directly to the carburetor or injector by
gravity or syphon feed, the Agency has determined that granting the
exemption to allow the use of gravity or syphon-fed fuel systems for
auxiliary equipment that operates only when the CMV is stationary would
likely maintain a level of safety that is equivalent to, or greater
than the level of safety provided by the regulation.

DATES: This exemption is effective September 16, 2020 and ending
September 16, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
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., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Docket Operations. The on-line Federal document management system is
available 24 hours each day, 365 days each year. The docket number is
listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the FMCSRs. FMCSA must publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)). The Agency must provide the public an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

CMW's Application for Exemption

    CMW applied for an exemption from 49 CFR 393.65(d) to allow the use
of gravity or syphon-fed fuel systems for auxiliary equipment installed
on or used in connection with CMVs that operate only when the CMV is
not operating on the highway. A copy of the application is included in
the docket referenced at the beginning of this notice.
    Section 393.65 of the FMCSRs prescribes certain requirements that
are applicable to all CMV fuel systems. The requirements in this
section apply to systems for containing and supplying fuel for the
operation of (1) motor vehicles or (2) auxiliary equipment installed
on, or used in connection with, motor vehicles. Section 393.65(d)
prohibits a fuel system from supplying fuel by gravity or syphon feed
directly to the carburetor or injector.
    CMW is a family of companies focused on the installation,
maintenance, rehabilitation, and replacement of underground pipe and
cable for the telecom, oil, electricity, gas, water, and wastewater
industries. Its family of companies includes Ditch Witch[supreg],
Subsite[supreg] Electronics, DW/TXS[supreg], HammerHead[supreg],
Trencor[supreg] and MTI[supreg] Equipment. CMW designs, manufactures
and sells a range of products to cover the full life-cycle of
underground pipe and cable, including horizontal directional drills,
walk and ride trenchers, utility loaders, vacuum excavators, asset
locators, pipe rehabilitation solutions, and after-market tools.
    Some of the equipment designed and manufactured by CMW utilizes
small, commercially available internal combustion engines to power
auxiliary equipment that is permanently mounted on a CMV. CMW states
that while auxiliary equipment that is permanently mounted to CMVs is
considered part of the CMV and subject to the requirements of 49 CFR
393.65(d), it

``has identified that currently there is uneven roadside enforcement
with regard to the use of gravity fed fuel tanks on auxiliary equipment
installed on or used in connection with commercial motor vehicles.''
    In support of its application, CMW stated:

    Most small commercially available internal combustion engines
used on auxiliary equipment are equipped from the factory with
gravity fed fuel tanks attached to the engine . . . The cost of
modifying these small internal combustion engines to remove the fuel
tank from the engine and to re-engineer the fuel delivery system to
use a fuel pump to pump fuel from the now removed fuel tank to the
internal combustion engine requires electrical wiring to be run from
the commercial motor vehicle to operate the fuel pump. Manufacturers
who have gone to this additional expense, question the reasoning of
removing the fuel tank from above the engine and placing it beside
the engine and equipping the system with a fuel pump to transfer
fuel from the tank to the engine. Since the auxiliary equipment only
operates when the CMV is not operating on the highway there does not
seem to be any legitimate safety reason for this requirement. A
review of previous Federal Register notices does not describe why
this requirement was added for fuel systems for auxiliary equipment
on commercial motor vehicles, when this equipment is not operating
while the CMV is operating on the highway.

Comments

    FMCSA published a notice of the application in the Federal Register
on March 28, 2019, and asked for public comment (84 FR 11862). The
Agency received comments from the Truck Trailer Manufacturers
Association (TTMA) and two individuals.
    TTMA commented in support of the application, and noted that the
relief requested by CMW is similar to the amendment requested by TTMA
in its December 2018 petition for rulemaking to the Agency on the same
issue. Specifically, TTMA has petitioned FMCSA to amend the FMCSRs to
exempt ``fuel tanks for auxiliary equipment designed to be operated
when the vehicle is not in motion and having a capacity of 5 gallons or
less of liquid fuel'' from the prohibition against fuel systems using
gravity or syphon feed in 49 CFR 393.65(d). One individual submitted
comments in support of CMW's application, and suggested that FMCSA
``examine the language in Part 393.65 and narrow the equipment subject
to Part 393.65(d) to systems other than those systems designed to
utilize gravity feed or require a petcock be installed to shut off fuel
in transit or prohibit the equipment from operating while the `motor
vehicle' is operating on the highways.'' Another individual expressed
concern that the auxiliary equipment will be operated while the vehicle
is in motion, and that it would be very difficult for FMCSA to enforce
a prohibition against such use. To address these concerns, the
commenter suggested that the Agency consider instituting controls to
ensure that auxiliary equipment is (1) inoperative while the CMV is in
motion or (2) located such that the driver or operator cannot turn it
on while the vehicle is in motion. The commenter recommended that
additional data be collected before a decision is made to grant the
exemption.

FMCSA Analysis

    The motor carrier safety regulations pertaining to CMV fuel systems
have prohibited the use of fuel systems that supply fuel directly to
the carburetor or injector by gravity or syphon feed since at least the
early 1950s when such regulations were administered by the Interstate
Commerce Commission (ICC). In its comments to the CMW application, TTMA
stated ``We believe that the prohibition against siphon or gravity feed
was inserted to prevent a situation where fuel would continuously feed
an engine on a drive vehicle that had caught fire.'' At that time, the
regulations for fuel systems and liquid fuel tanks were limited to
those used specifically for the propulsion of the motor vehicle, and
did not contemplate systems for containing and supplying fuel for the
operation of auxiliary equipment installed on or used in connection
with the motor vehicle.\1\
---------------------------------------------------------------------------

    \1\ See the ICC's amendments to 49 CFR part 193, Parts and
Accessories Necessary for Safe Operations, Subpart E--Fuel Systems,
dated May 15, 1952 (17 FR 4438).
---------------------------------------------------------------------------

    On February 19, 1970, the Federal Highway Administration (FHWA),
the predecessor to FMCSA, published a notice of proposed rulemaking
(NPRM) proposing amendments to the regulations pertaining to CMV fuel
systems to (1) apply additional provisions to diesel fuel tanks, (2)
set somewhat more stringent requirements for liquid fuel tanks other
than side-mounted liquid fuel tanks, (3) update the references to
industry standards, and (4) rearrange the subpart for increased clarity
(35 FR 3177). While retaining the prohibition against use of fuel
systems that supply fuel directly to the carburetor or injector by
gravity or syphon feed, the NPRM proposed to define ``fuel tank'' as
``a tank installed on a motor vehicle to contain and supply fuel for
its operation or for the operation of auxiliary equipment.'' [Emphasis
added.] There was no discussion in the NRPM regarding the proposal to
extend the scope of the regulation beyond systems/tanks used for the
propulsion of the CMV, and to include fuel tanks used for the operation
of auxiliary equipment.
    In a final rule published on August 14, 1971 (36 FR 15444), FHWA
did not retain the proposed definition of ``Fuel tank'' that included
the reference to ``auxiliary equipment,'' but instead, adopted a new
section in 49 CFR 393.65 regarding the applicability of the rules in
Subpart E to all fuel systems. Specifically, the August 1971 rule
adopted 49 CFR 393.65(a), ``Application of the rules in this section,''
as follows (which remains unchanged today): ``The rules in this section
apply to systems for containing and supplying fuel for the operation of
motor vehicles or for the operation of auxiliary equipment installed
on, or used in connection with, motor vehicles.'' While there were 26
commenters to the February 1970 NPRM, there was no discussion in the
August 1971 final rule regarding the rationale for extending the scope
of the fuel system requirements to include systems/tanks used for the
operation of auxiliary equipment installed on or used in connection
with the CMV.
    FMCSA is unable to confirm from the ICC rulemaking documents
whether the prohibition of gravity or syphon-fed fuel systems was
established (and has been maintained in the regulations since the
1950s) to eliminate/minimize the risk associated with the continuous
supply of fuel to the engine of a vehicle that has caught fire, as
stated by TTMA in its comments. However, the TTMA explanation is
certainly reasonable and FMCSA believes that the regulatory prohibition
against the use of such systems has been successful in mitigating the
consequences of CMV vehicle fires. At the same time, FMCSA agrees with
TTMA and a commenter that the risk of fires involving fuel from
auxiliary equipment that is mounted to a CMV is remote because the
auxiliary equipment is rarely, if ever, operated when the CMV is in
motion. Instead, most auxiliary equipment that is permanently mounted
to a CMV utilizing small, commercially available internal combustion
engines (such as small pumps) is typically used to perform work-related
functions at various jobsites when the CMV is no longer operating on
the highway. Additionally, the capacity of fuel tanks on auxiliary
equipment that is mounted on CMVs is typically very small, generally
not exceeding 5 gallons, which minimizes the consequences of

fires due to fuel supplied via gravity or syphon-fed systems on such
equipment.
    As CMW notes in its application, if the exemption is not granted,
CMVs with auxiliary equipment that use gravity or syphon-fed fuel
systems need to be modified to (1) remove the gravity and syphon-fed
fuel systems, (2) mount fuel tanks near the auxiliary equipment's
internal combustion engine, and (3) install fuel pumps to deliver fuel
to the auxiliary equipment in order to comply with 49 CFR 393.65(d).
FMCSA agrees with CMW that the risk of fires from the use of gravity or
syphon-fed fuel systems used on auxiliary equipment is minimal,
especially given that the auxiliary equipment typically operates only
when the CMV is not operating on the highway.
    FMCSA acknowledges the concern of the commenter who noted that the
auxiliary equipment may be operated while the vehicle is in motion, and
that it would be very difficult for FMCSA to enforce a prohibition
against such use. However, FMCSA is unaware of any situations in which
motor carrier operations require the auxiliary equipment to operate
while the vehicle is in motion. Instead, and as stated earlier, FMCSA
believes that most auxiliary equipment that is permanently mounted to a
CMV utilizing small, commercially available internal combustion engines
(such as small pumps) is typically used to perform work-related
functions at various jobsites and when the CMV is stationary and no
longer operating on the highway.

FMCSA Decision

    FMCSA has evaluated the CMW exemption application, and the comments
received. Based on the discussion above, FMCSA believes that allowing
the use of gravity or syphon-fed fuel systems for auxiliary equipment
installed on or used in connection with CMVs that operate only when the
CMV is not operating on the highway is likely to provide a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period,
beginning September 16, 2020 and ending September 16, 2025. During the
temporary exemption period, motor carriers will be allowed to use
gravity or syphon fed fuel systems for auxiliary equipment installed on
or used in connection with CMVs that operate only when the CMV is not
operating on the highway.
    The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) Motor carriers operating
CMVs fail 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(b).
    Interested parties possessing information that would demonstrate
that motor carriers operating CMVs allowing the use of gravity or
syphon fed fuel systems for auxiliary equipment installed on or used in
connection with CMVs that operate only when the CMV is not operating on
the highway is not achieving the requisite statutory level of safety
should immediately notify FMCSA. The Agency will evaluate any such
information and, if safety is being compromised or if the continuation
of the exemption is not consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to
CMVs operating under the exemption. States may, but are not required
to, adopt the same exemption with respect to operations in intrastate
commerce.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-20440 Filed 9-15-20; 8:45 am]
BILLING CODE 4910-EX-P