[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Page 73247]
[FR Doc No: 2022-26007]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0955]

Safety Zone; South Padre Island, SPI New Year's Eve Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for SPI New
Year's Eve fireworks Display Show on December 31, 2022, to provide for
the safety of persons, vessels, and the marine environment on navigable
waterways during this event. Our regulation for marine events within
the Eighth Coast Guard District identifies the safety zone for this
event in South Padre Island, TX. During the enforcement periods, entry
into this zone is prohibited unless authorized by the Captain of the
Port Sector Corpus Christi (COTP) or a designated representative.

DATES: The regulations in 33 CFR 165.801, Table 4, Line 12, will be
enforced from 9 p.m. through 10 p.m. on December 31, 2022, unless the
event is postponed because of adverse weather, in which case this rule
will be enforced from 9 p.m. through 10 p.m. on January 1st, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Commander Anthony
Garofalo, Sector Corpus Christi Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.801, Table 4, Line 12, for the SPI New Year's Eve
fireworks display show from 9 p.m. through 10 p.m. on December 31,
2022, with an adverse weather date set for January 1st, 2022. This
action is being taken to provide for the safety of persons, vessels,
and the marine environment on navigable waterways during this event.
Our regulation for marine events within the Eighth Coast Guard
District, Sec.  165.801, specifies the location of the safety zone for
the SPI New Year's Eve fireworks, which encompasses portions of the
Laguna Madre in South Padre Island, TX. As reflected in Sec.  165.23
and Sec.  165.801(a), if you are the operator of a vessel in the
regulated area you must comply with directions from the Captain of the
Port Sector Corpus Christi (COTP) or any designated representative.
Persons or vessels desiring to enter the zone must request permission
from the COTP or a designated representative. They can be reached on
VHF FM channel 16 or by telephone at<PHONE_NUMBER>.
    If permission is granted, all persons and vessels shall comply with
the instructions of the COTP or designated representative.
    In addition to this notice of enforcement in the Federal Register,
the COTP or a designated representative will inform the public through
Broadcast Notice to Mariners (BNM), Local Notices to Mariners (LNM),
Marine Safety Information Broadcasts (MSIBs), and/or through other
means of public notice as appropriate at least 24 hours in advance of
each enforcement.

    Dated: November 22, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-26007 Filed 11-28-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]
[Page 59784-59787]
[DOCID:fr28se10-130]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0212]

Notice of Fiscal Year 2011 Safety Grants and Solicitation for
Applications

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

ACTION: Notice; change in application due dates.

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SUMMARY: This notice is to inform the public of FMCSA's Fiscal Year
(FY) 2011 safety grant opportunities and FMCSA's changes to its
application dates. At present, FMCSA is operating under an extension of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy of Users (Pub. L. 109-59) which will expire December 31, 2010,
unless extended by Congress. While the Agency expects new authorizing
legislation to make changes to its grant programs, the Agency is
preparing for FY 2011 assuming that the following grant programs will
continue for part or all of the upcoming fiscal year. The 10 safety
grant programs include the Motor Carrier Safety Assistance Program
(MCSAP) Basic grants; MCSAP Incentive grants; MCSAP New Entrant Safety
Audit grants; MCSAP High Priority grants; Commercial Motor Vehicle
(CMV) Operator Safety Training grants; Border Enforcement grants (BEG);
Commercial Driver's License Program Improvement (CDLPI) grants;
Performance and Registration Information Systems Management (PRISM)
grants; Safety Data Improvement Program grants (SaDIP); and the
Commercial Vehicle Information Systems and Networks (CVISN) grants. It
should be noted that FMCSA does not expect the Commercial Driver's
License Information System (CDLIS) Modernization grants to be continued
in reauthorization, and, therefore, FMCSA will not be soliciting
applications for this grant program in FY 2011.
    FOR FURTHER INFORMATION: Please contact the following FMCSA staff
with questions or needed information on the Agency's grant programs:
MCSAP Basic/Incentive Grants--Jack Kostelnik<EMAIL_ADDRESS>
202-366-5721.
New Entrant Safety Audits Grants--Arthur Williams,
<EMAIL_ADDRESS>202-366-3695.
Border Enforcement Grants--Carla Vagnini<EMAIL_ADDRESS>202-
366-3771.
MCSAP High Priority Grants--Cim Weiss<EMAIL_ADDRESS>202-366-0275.
CMV Operator Safety Training Grants--Julie Otto<EMAIL_ADDRESS>
202-366-0710.
CDLPI Grants--Brandon Poarch<EMAIL_ADDRESS>202-366-3030.
SaDIP Grants--Cim Weiss<EMAIL_ADDRESS>202-366-0275.
PRISM Grants--Tom Lawler<EMAIL_ADDRESS>202-366-3866.
CVISN Grants--Julie Otto<EMAIL_ADDRESS>202-366-0710.
    All staff may be reached at FMCSA, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Office hours are from 9 a.m. to 5 p.m., EST,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The FMCSA recognizes that State and local governments and other
grantees are dependent on its safety grants to develop and maintain
important CMV safety programs. The FMCSA further acknowledges that
delays in awarding grant funds may have an adverse impact on these
important safety programs. As a result, FMCSA completed a grants
process review to identify ways to streamline the application, award,
and grants management processes, and to award grant funds earlier each
fiscal year. In addition, FMCSA made changes in the grants application,
award and oversight processes to standardize

application forms, increase the use of electronic documents,
standardize quarterly reports and reduce the number of needed grant
amendments.
    The FMCSA continues to enter into grant agreements beginning
October 1 or as soon thereafter as administratively practicable. FMCSA
intends to enter into grant agreements no later than 90 days from the
date the application is due.
    The FMCSA is using a standard grant application form and a new
quarterly reporting process. The FMCSA requires the Standard Form 424
(``Application for Federal Assistance'') and its attachments for all
grant program applications. While each grant program may request
different data in some of the data fields on the form, the use of the
Standard Form 424 is mandatory. FMCSA adopted the Standard Form--
Project Progress Report (SF-PPR) as its required form for quarterly
reporting. Again, each grant program may, in certain instances, request
that different data be submitted in some of the fields or boxes on the
form but SF-PRR is mandatory for quarterly reporting.
    The number of original copies of grant agreements required to be
submitted to FMCSA was reduced from three copies to two. In addition,
FMCSA will provide most grant agreement documents electronically to its
financial processing office. Grantees will, however, be required to
submit the completed Automated Clearing House (ACH) Vendor Payment Form
(SF-3881) directly to FMCSA's financial processing office by U.S.
Postal Service, courier service or secure fax. Changes were
necessitated by the Agency's implementation of a new grants management
information technology system--GrantSolutions. GrantSolutions is a
comprehensive grants management system provided by the Grants Center of
Excellence (COE). The Grants COE serves as one of three consortia leads
under the Grants Management Line of Business E-Gov initiative offering
government-wide grants management system support services. It is
expected that after full implementation, the GrantSolutions system will
allow FMCSA to more quickly award grant funds, and will provide
standardized grant application, award, and management and oversight
throughout the Agency's grant programs. It should be noted that in FY
2011, FMCSA will be implementing the electronic signatures
functionality of the GrantSolutions system. As a result, this will be
the Agency's preferred method for securing grant agreement signatures.
If electronic signature is used, two copies of the grant agreement do
not have to be signed. Additional information will be provided to
grantees during the grant award process.

Discussion of Comments

    On July 13, 2010, FMCSA published a notice and request for comments
regarding FMCSA's anticipated Fiscal Year (FY) 2011 safety grant
opportunities (75 FR 40023). This notice requested comments on the
originally proposed dates. Only one comment was submitted to the
docket. It did not directly discuss the grant programs or the proposed
dates. Rather, the anonymous commenter provided an opinion about
SAFETEA-LU.
    Additional information is provided below for each individual grant
program.
    MCSAP Basic and Incentive Grants:
    Sections 4101 and 4107 of SAFETEA-LU authorize FMCSA's Motor
Carrier Safety Grants. MCSAP Basic and Incentive formula grants are
governed by 49 U.S.C. 31102-31104 and 49 CFR Part 350. Under the Basic
and Incentive grants programs, a State lead MCSAP agency, as designated
by its Governor, is eligible to apply for Basic and Incentive grant
funding by submitting a commercial vehicle safety plan (CVSP). See 49
CFR 350.201 and 350.205. The following jurisdictions are not eligible
for Incentive funds: The Virgin Islands, American Samoa, Guam, Puerto
Rico, and the Commonwealth of the Northern Mariana Islands. Pursuant to
49 U.S.C. 31103 and 49 CFR 350.303, FMCSA will reimburse each lead
State MCSAP agency 80 percent of eligible costs incurred in a fiscal
year. Each State will provide a 20 percent match to qualify for the
program. The FMCSA Administrator waives the requirement for matching
funds for the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands. See 49 CFR 350.305. In
accordance with 49 CFR 350.323, the Basic grant funds will be
distributed proportionally to each State's lead MCSAP agency using the
following four, equally weighted (25 percent) factors:
    (1) 1997 road miles (all highways) as defined by the FMCSA;
    (2) All vehicle miles traveled (VMT) as defined by the FMCSA;
    (3) Population--annual census estimates as issued by the U.S.
Census Bureau; and
    (4) Special fuel consumption (net after reciprocity adjustment) as
defined by the FMCSA.
    A State's lead MCSAP agency may qualify for Incentive Funds if it
can demonstrate that the State's CMV safety program has shown
improvement in any or all of the following five categories:
    (1) Reduction in the number of large truck-involved fatal
accidents;
    (2) Reduction in the rate of large-truck-involved fatal accidents
or maintenance of a large- truck-involved fatal accident rate that is
among the lowest 10 percent of such rates for MCSAP recipients and is
not higher than the rate most recently achieved;
    (3) Upload of CMV accident reports in accordance with current FMCSA
policy guidelines;
    (4) Verification of Commercial Driver's Licenses during all
roadside inspections; and
    (5) Upload of CMV inspection data in accordance with current FMCSA
policy guidelines.
    Incentive funds will be distributed in accordance with 49 CFR
350.327(b).
    Prior to the start of each fiscal year, FMCSA calculates the amount
of Basic and Incentive funding each State is expected to receive. This
information is provided to the States and is made available on the
Agency's Web site. The FY 2011 information is available at http://
www.fmcsa.dot.gov.
    It should be noted that MCSAP Basic and Incentive formula grants
are awarded based on the State's submission of the CVSP. The evaluation
factors described in the section below titled ``Application Information
for FY 2011 Grants'' will not be considered. MCSAP Basic and Incentive
grant applications must be submitted electronically through grants.gov
(http://www.grants.gov).
    New Entrant Safety Audit Grants:
    Sections 4101 and 4107 of SAFETEA-LU also authorize the Motor
Carrier Safety Grants to enable grant recipients to conduct interstate
New Entrant safety audits consistent with 49 CFR Parts 350.321 and
385.301. Eligible recipients are State agencies, local governments, and
organizations representing government agencies that use and train
qualified officers and employees in coordination with State motor
vehicle safety agencies. The FMCSA's share of these grant funds will be
100 percent. New Entrant grant applications must be submitted
electronically through grants.gov (http://www.grants.gov).
    MCSAP High Priority Grants:
    Section 4107 of SAFETEA-LU also authorizes the Motor Carrier Safety
Grants to enable recipients to carry out activities and projects that
improve CMV safety and compliance with CMV regulations. Funding is
available for projects that are national in scope, increase public
awareness and education, demonstrate new technologies and reduce the
number and rate of CMV accidents. Eligible

recipients are State agencies, local governments, and organizations
representing government agencies that use and train qualified officers
and employees in coordination with State motor vehicle safety agencies.
    For grants awarded for public education activities, the Federal
share will be 100 percent. For all High Priority grants other than
those awarded in support of public education activities, FMCSA will
provide reimbursements for no more than 80 percent of all eligible
costs, and recipients will be required to provide a 20 percent match.
FMCSA may reserve High Priority funding exclusively for innovative
traffic enforcement projects, with particular emphasis on work zone
enforcement and rural road safety. Also, FMCSA may reserve funding for
an innovative traffic enforcement initiative known as ``Ticketing
Aggressive Cars and Trucks'' or TACT. TACT provides a research-based
safety model that can be replicated by States when conducting a high-
visibility traffic enforcement program to promote safe driving
behaviors among car and truck drivers. The objective of this program is
to reduce the number of commercial truck and bus related crashes,
fatalities and injuries resulting from improper operation of motor
vehicles and aggressive driving behavior. More information regarding
TACT can be found at http://www.fmcsa.dot.gov/safety-security/tact/
abouttact.htm.
    High Priority grant applications must be submitted through
grants.gov.
    CMV Operator Safety Training Grants:
    Section 4134 of SAFETEA-LU established a grant program which
enables recipients to train current and future drivers in the safe
operation of CMVs, as defined in 49 U.S. C. 31301(4). Eligible awardees
include State governments, local governments and accredited post-
secondary educational institutions (public or private) such as
colleges, universities, vocational-technical schools and truck driver
training schools. Funding priority for this discretionary grant program
will be given to regional or multi-state educational or nonprofit
associations serving economically distressed regions of the United
States. The Federal share of these funds will be 80 percent, and
recipients will be required to provide a 20 percent match. CMV Operator
Safety Training grant applications must be submitted electronically
through grants.gov.
    Border Enforcement Grants (BEG):
    Section 4110 of SAFETEA-LU established the BEG program. The purpose
of this discretionary program is to provide funding for border CMV
safety programs and related enforcement activities and projects. An
entity or a State that shares a land border with another country is
eligible to receive this grant funding. Eligible awardees include State
governments, local governments, and entities (i.e., accredited post-
secondary public or private educational institutions such as
universities). Requests from entities must be coordinated with the
State lead CMV inspection agency. Applications must include a Border
Enforcement Plan and meet the required maintenance of expenditure
requirement. BEG funding decisions take into consideration the State or
entity's performance on previous BEG awards; its ability to expend the
awarded funds with the BEG performance year; and activities meeting the
BEG national criteria established by FMCSA. As established by SAFETEA-
LU, the Federal share of these funds will be 100 percent. As a result,
there is no matching requirement. BEG grant applications must be
submitted electronically through grants.gov.
    CDLPI Grants:
    Section 4124 of SAFETEA-LU established a discretionary grant
program that provides funding for improving States' implementation of
the Commercial Driver's License (CDL) program, including expenses for
computer hardware and software, publications, testing, personnel, and
training. Funds may not be used to rent, lease, or buy land or
buildings. The agency designated by each State as the primary driver
licensing agency responsible for the development, implementation, and
maintenance of the CDL program is eligible to apply for basic grant
funding. State agencies, local governments, and other entities that can
support a State's effort to improve its CDL program or conduct projects
on a national scale to improve the national CDL program may also apply
for projects under the High Priority and Emerging Issues components.
Grant proposals must include a detailed budget explaining how the funds
will be used. The Federal share of funds for projects awarded under
this grant is established by SAFETEA-LU as 100 percent; therefore,
there is no grantee matching requirement. The funding opportunity
announcement on grants.gov will provide more detailed information on
the application process; national funding priorities for FY 2011;
evaluation criteria; required documents and certifications; State
maintenance of expenditure requirements; and additional information
related to the availability of funds. CLDPI grant applications must be
submitted electronically through grants.gov.
    SaDIP Grants:
    Section 4128 of SAFETEA-LU established a SaDIP grant program to
improve the quality of crash and inspection truck and bus data reported
by the States to FMCSA, as described 49 USC 31102. Eligible recipients
are State agencies, local governments, and organizations representing
government agencies that are involved with highway traffic safety
activities and must demonstrate a capacity to work with highway traffic
safety stakeholders. The State's SaDIP proposal must focus on a project
that enhances the accuracy, timeliness, and completeness of the
collection and reporting of Commercial Motor Vehicle crash information
in all components of the State's record system. An applicant's proposed
SaDIP project must address the seven (7) application requirements plus
the overriding indicator established for the State Safety Data Quality
(SSDQ) program. The FMCSA will provide reimbursements for no more that
80 percent of all eligible costs and recipients are required to provide
a 20 percent match.
    PRISM Grants:
    Section 4109 of SAFETEA-LU authorizes FMCSA to award financial
assistance funds to States to implement the PRISM requirements that
link Federal motor carrier safety information systems with State CMV
registration and licensing systems. This program enables a State to
determine the safety fitness of a motor carrier or registrant when
licensing or registering or while the license or registration is in
effect. PRISM grant applications must be submitted electronically
through grants.gov. No matching funds are required.
    CVISN Grants:
    Section 4126 of SAFETEA-LU authorizes FMCSA to award financial
assistance to States to deploy, operate, and maintain elements of their
CVISN Program, including commercial vehicle, commercial driver, and
carrier-specific information systems and networks. The agency in each
State designated as the primary agency responsible for the development,
implementation, and maintenance of a CVISN-related system is eligible
to apply for grant funding.
    Section 4126 of SAFETEA-LU distinguishes between two types of CVISN
projects: Core and Expanded. To be eligible for funding of Core CVISN
deployment project(s), a State must have its most current Core CVISN
Program Plan and Top-Level Design approved by FMCSA and the proposed
project(s) should be consistent with its approved Core CVISN Program
Plan and Top-Level Design. If a State does not have a

Core CVISN Program Plan and Top-Level Design, it may apply for up to
$100,000 in funds to either compile or update a Core CVISN Program Plan
and Top-Level Design.
    A State may also apply for funds to prepare an Expanded CVISN
Program Plan and Top-Level Design if FMCSA acknowledged the State as
having completed Core CVISN deployment. In order to be eligible for
funding of any Expanded CVISN deployment project(s), a State must have
its most current Expanded CVISN Program Plan and Top-Level Design
approved by FMCSA and any proposed Expanded CVISN project(s) should be
consistent with its Expanded CVISN Program Plan and Top-Level Design.
If a State does not have an existing or up-to-date Expanded CVISN
Program Plan and Top-Level Design, it may apply for up to $100,000 in
funds to either compile or update an Expanded CVISN Program Plan and
Top-Level Design.
    CVISN grant applications must be submitted electronically through
grants.gov. Awards for approved CVISN grant applications are made on a
first-come, first-served basis. States must provide a match of 50
percent.
    Application Information For FY 2011 GRANTS:
    General information about the FMCSA grant programs is available in
the Catalog of Federal Domestic Assistance (CFDA) which can be found on
the internet at http://www.cfda.gov. To apply for funding, applicants
must register with grants.gov at http://www.grants.gov/applicants/get_
registered.jsp and submit an application in accordance with
instructions provided.
    Evaluation Factors: The following evaluation factors will be used
in reviewing the applications for all FMCSA discretionary grants:
    (1) Prior performance--Completion of identified programs and goals
per the project plan.
    (2) Effective Use of Prior Grants--Demonstrated timely use and
expensing of available funds.
    (3) Cost Effectiveness--Applications will be evaluated and
prioritized on the basis of expected impact on safety relative to the
investment of grant funds. Where appropriate, costs per unit will be
calculated and compared with national averages to determine
effectiveness. In other areas, proposed costs will be compared with
historical information to confirm reasonableness.
    (4) Applicability to announced priorities--If national priorities
are included in the grants.gov notice, those grants that specifically
address these issues will be given priority consideration.
    (5) Ability of the applicant to support the strategies and
activities in the proposal for the entire project period of
performance.
    (6) Use of innovative approaches in executing a project plan to
address identified safety issues.
    (7) Feasibility of overall program coordination and implementation
based upon the project plan.
    (8) Any grant-specific evaluation factors, such as program balance
or geographic diversity, will be included in the grants.gov application
information.
    Revised Application Due Dates: For the following grant programs,
FMCSA will consider funding complete applications or plans submitted by
the following dates:
MCSAP Basic and Incentive Grants--August 1, 2010.
Border Enforcement Grants--September 15, 2010.
MCSAP High Priority Grants--October 15, 2010.
CMV Operator Safety Training Grants--December 15, 2010.
New Entrant Safety Audit Grants--October 15, 2010.
CVISN Grants--February 1, 2011.
CDLPI Grants--November 15, 2010.
PRISM Grants--February 1, 2011.
SaDIP Grants--February 15, 2011.
    Applications submitted after due dates may be considered on a case-
by-case basis and are subject to availability of funds.

    Issued on: September 20, 2010.
William A. Quade,
Associate Administrator for Enforcement and Program Delivery.
[FR Doc. 2010-24044 Filed 9-27-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Page 12063]
[FR Doc No: 2012-4528]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Joint Meeting of the Anti-Infective Drugs Advisory Committee and
the Nonprescription Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committees: Anti-Infective Drugs Advisory Committee and the
Nonprescription Drugs Advisory Committee.
    General Function of the Committees: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on April 2, 2012, from 8
a.m. to 5 p.m.
    Location: DoubleTree by Hilton Hotel Washington DC/Silver Spring,
The Ballrooms, 8727 Colesville Rd., Silver Spring, MD 20910. The
hotel's telephone number is<PHONE_NUMBER>.
    Contact Person: Minh Doan, Center for Drug Evaluation and Research,
Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 31, rm.
2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), and follow
the prompts to the desired center or product area. Please call the
Information Line for up-to-date information on this meeting. A notice
in the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: The committees will provide advice on types of consumer
studies needed to assess proper use of a MedKit containing doxycycline
to be taken in the event of anthrax exposure. Issues such as the
feasibility of an FDA-approved MedKit as a public health strategy, the
role of personal MedKits, home stockpiling, and interfaces of home
readiness with public health systems, will be raised in the course of
the discussions. The Biomedical Advanced Research and Development
Authority will propose a possible plan for a step-wise development
program for MedKits containing oral doxycycline hyclate.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
March 19, 2012. Oral presentations from the public will be scheduled
between approximately 1 p.m. to 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before March 9, 2012. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by March 12, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Minh Doan at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: February 22, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-4528 Filed 2-27-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96053-96060]
[FR Doc No: 2016-31486]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79674; File No. SR-NYSE-2016-45]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Amendment No. 3 to Proposed Rule Change Amending
the Co-Location Services Offered by the Exchange To Add Certain Access
and Connectivity Fees

December 22, 2016.
    On July 29, 2016, the New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the co-location services offered by the
Exchange to: (1) Provide additional information regarding the access to
various trading and execution services; connectivity to market data
feeds and testing and certification feeds; connectivity to Third Party
Systems; and connectivity to DTCC provided to Users using data center
local area networks; and (2) establish fees relating to a User's access
to various trading and execution services; connectivity to market data
feeds and testing and certification feeds; connectivity to DTCC; and
other services. The proposed rule change was published for comment in
the Federal Register on August 17, 2016.\3\ The Exchange filed
Amendment No. 1 to the proposed rule change on August 16, 2016.\4\
Amendment No. 1

was published for comment in the Federal Register on September 26,
2016.\5\ The Commission received one comment in response to the
proposed rule change, as modified by Amendment No. 1 and the Exchange
responded.\6\ On October 4, 2016, the Commission extended the time
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
approve or disapprove the proposed rule change to November 15, 2016.\7\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 34-78556 (August 11,
2016), 81 FR 54877.
    \4\ Amendment No. 1 (i) amended the third party data feed MSCI
from 20 Gigabite (``Gb'') to 25 Gb and amended the price from $2,000
to $1,200; (ii) clarified the costs associated with providing a
greater amount of bandwidth for Premium NYSE Data Products for a
particular market as compared to the bandwidth requirements for the
Included Data Products for that same market; (iii) provided further
details on Premium NYSE Data Products, including their composition,
product release dates, and further detail on the reasonableness of
their applicable fees; (iv) added an explanation for the varying fee
differences for the same Gb usage for third party data feeds, DTCC,
and Virtual Control Circuit.
    \5\ See Securities Exchange Act Release No. 34-78887 (September
20, 2016), 81 FR 66095.
    \6\ See letter to Brent J. Fields, Secretary, Commission, from
John Ramsay, Chief Market Policy Officer, Investors Exchange LLC
(IEX), dated September 9, 2016.
    On September 23, 2016, the NYSE submitted a response to the IEX
letter.
    \7\ See Securities Exchange Act Release No. 34-78966 (September
28, 2016), 81 FR 68475.
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    On November 2, 2016, the Exchange filed Amendment No. 2 to the
proposed rule change.\8\ On November 21, 2016, the Commission
instituted proceedings to determine whether to approve or disapprove
the proposed rule change, as modified by Amendment Nos. 1 and 2.\9\ In
response to the Order Instituting Proceedings, the Commission received
additional comment letters regarding the proposed rule change.\10\
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    \8\ Amendment No. 2 is available on the Commission's Web site at
https://www.sec.gov/comments/sr-nyse-2016-45/nyse201645-4.pdf.
    \9\ See Securities Exchange Act Release 34-79316 (November 15,
2016), 81 FR 83303.
    \10\ See letter to Brent J. Fields, Commission, from Adam C.
Cooper, Senior Managing Director and Chief Legal Officer, Citadel
Securities, dated December 12, 2016; letter to Brent J. Fields,
Commission, from Melissa MacGregor, Managing Director and Associate
General Counsel, SIFMA, dated December 12, 2016; letter to Brent J.
Fields, Commission, from Joe Wald, Chief Executive Officer,
Clearpool Group, dated December 16, 2016; letter to Brent J. Fields,
Secretary, Commission, from John Ramsay, Chief Market Policy
Officer, Investors Exchange LLC (IEX), dated December 21, 2016. All
comments received by the Commission on the proposed rule change are
available on the Commission's Web site at: https://www.sec.gov/comments/sr-nyse-2016-45/nyse201645.shtml.
---------------------------------------------------------------------------

    On December 9, 2016, the Exchange filed Amendment No. 3 to the
proposed rule change as described in Items I and II below, which Items
have been prepared by Exchange. The Commission is publishing this
notice to solicit comments on Amendment No. 3 to the proposed rule
change from interested persons.

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

    The Exchange proposes to amend the co-location services offered by
the Exchange to establish fees relating to Users' access to third party
trading and execution services; connectivity to third party data feeds
and testing and certification feeds; access to clearing; and other
services. In addition, this proposed rule change reflects changes to
the Exchange's Price List related to these co-location services. This
Amendment No. 3 supersedes the original filing and Amendments 1 and 2
in their entirety.\11\ 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.
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    \11\ The Securities and Exchange Commission (``Commission'') has
issued an order instituting proceedings to determine whether to
approve or disapprove the proposed rule change, as modified by
amendments 1 and 2. See Securities Exchange Act Release No. 79316
(November 15, 2016), 81 FR 83303 (November 21, 2016) (SR-NYSE-2016-
45) (the ``November 15 Order''). In its filing, as amended by
amendments 1 and 2, the Exchange proposed adding to the Price List
(a) a more detailed description of the connectivity to certain
market data products (the ``Included Data Products'') that Users
receive with connections to the local area networks available in the
data center; and (b) connectivity fees for connecting to other
market data products of the Exchange and its affiliates, NYSE MKT
LLC and NYSE Arca, Inc. (the ``Premium NYSE Data Products''). In the
November 15 Order, the Commission cites language from the proposed
rule change:
    the Exchange also stated that the expectation of co-location was
that normally Users would expect reduced latencies in . . .
receiving market data from the Exchange by being colocated.
Therefore, as the Exchange states in Amendment No. 2, both Included
Data Products and Premium NYSE Data Products are `directly related
to the purpose of co-location.'
    Id., at 83307. It goes on to say that, if Included Data Products
and Premium NYSE Data Products are ``integral to co-located Users
for trading on the Exchange,'' it was questionable whether obtaining
the information from another source is a viable alternative. Id. The
Exchange disagrees with the Commission's description of Included
Data Products and Premium NYSE Data Products as ``integral'' to
Users for trading on the Exchange. Being related to the purpose of
co-location is not the same as being integral for trading. A User is
not required to receive either Included Data Products or Premium
NYSE Data Products in order to trade on the Exchange.
---------------------------------------------------------------------------

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the co-location \12\ services
offered by the Exchange to establish fees relating to Users' \13\
access to third party trading and execution services; connectivity to
third party data feeds and testing and certification feeds; access to
clearing; and other services.
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    \12\ The Exchange initially filed rule changes relating to its
co-location services with the Commission in 2010. See Securities
Exchange Act Release No. 62960 (September 21, 2010), 75 FR 59310
(September 27, 2010) (SR-NYSE-2010-56) (the ``Original Co-location
Filing''). The Exchange operates a data center in Mahwah, New Jersey
(the ``data center'') from which it provides co-location services to
Users.
    \13\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities
Exchange Act Release No. 76008 (September 29, 2015), 80 FR 60190
(October 5, 2015) (SR-NYSE-2015-40). As specified in the Price List,
a User that incurs co-location fees for a particular co-location
service pursuant thereto would not be subject to co-location fees
for the same co-location service charged by the Exchange's
affiliates NYSE MKT LLC (``NYSE MKT'') and NYSE Arca, Inc. (``NYSE
Arca'' and, together with NYSE MKT, the ``Affiliate SROs''). See
Securities Exchange Act Release No. 70206 (August 15, 2013), 78 FR
51765 (August 21, 2013) (SR-NYSE-2013-59).
---------------------------------------------------------------------------

    More specifically, the Exchange proposes to revise the Price List
to include:
    a. Fees for connectivity to:
     The execution systems of third party markets and other
content service providers (``Third Party Systems'');
     data feeds from third party markets and other content
service providers (the ``Third Party Data Feeds'');
     third party testing and certification feeds;
     Depository Trust & Clearing Corporation (``DTCC'')
services; and
    b. fees for virtual control circuits (``VCCs'') between two Users.
VCCs are unicast connections between two participants over dedicated
bandwidth.\14\
---------------------------------------------------------------------------

    \14\ Information flows over existing network connections in two
formats: ``unicast'' format, which is a format that allows one-to-
one communication, similar to a phone line, in which information is
sent to and from the Exchange; and ``multicast'' format, which is a
format in which information is sent one-way from the Exchange to
multiple recipients at once, like a radio broadcast.
---------------------------------------------------------------------------

    The Exchange provides access to the Third Party Systems
(``Access'') and connectivity to Third Party Data Feeds, third party
testing and certification feeds, and DTCC (collectively,
``Connectivity'') as conveniences to Users. Use of Access or
Connectivity is completely voluntary, and several other

access and connectivity options are available to a User. As
alternatives to using the Access and Connectivity provided by the
Exchange, a User may access or connect to such services and products
through another User or through a connection to an Exchange access
center outside the data center, third party access center, or third
party vendor. The User may make such connection through a third party
telecommunication provider, third party wireless network, the
Exchange's Secure Financial Transaction Infrastructure (``SFTI'')
network, or a combination thereof.
    Similarly, the Exchange provides VCCs as a convenience to Users.
Use of a VCC is completely voluntary. As an alternative to an Exchange-
provided VCC, a User may connect to another User through a fiber
connection (``cross connect'').\15\
---------------------------------------------------------------------------

    \15\ See Original Co-location Filing, supra note 5, at 59311 and
Securities Exchange Act Release No. 74222 (February 6, 2015), 80 FR
7888 (February 12, 2015) (SR-NYSE-2015-05) (notice of filing and
immediate effectiveness of proposed rule change to include IP
network connections and fiber cross connects between a User's
cabinet and non-User's equipment as co-location services) (the ``IP
Network Release'').
---------------------------------------------------------------------------

Connectivity
Connectivity to Third Party Systems
    The Exchange proposes to revise the Price List to provide that
Users may obtain connectivity to Third Party Systems of multiple third
party markets and other content service providers for a fee. Users
connect to Third Party Systems over the internet protocol (``IP'')
network, a local area network available in the data center.\16\ The
Exchange selects what connectivity to Third Party Systems to offer in
the data center based on User demand.
---------------------------------------------------------------------------

    \16\ See id., at 7889.
---------------------------------------------------------------------------

    In order to obtain access to a Third Party System, a User enters
into an agreement with the relevant third party content service
provider, pursuant to which the third party content service provider
charges the User for access to the Third Party System. The Exchange
then establishes a unicast connection between the User and the relevant
third party content service provider over the IP network. The Exchange
charges the User for the connectivity to the Third Party System. A User
only receives, and is only charged for, access to Third Party Systems
for which it enters into agreements with the third party content
service provider.
    With the exception of the Intercontinental Exchange (``ICE'')
feed,\17\ the Exchange has no ownership interest in the Third Party
Systems. Establishing a User's access to a Third Party System does not
give the Exchange any right to use the Third Party Systems.
Connectivity to a Third Party System does not provide access or order
entry to the Exchange's execution system, and a User's connection to a
Third Party System is not through the Exchange's execution system.\18\
---------------------------------------------------------------------------

    \17\ ICE is owned by the Exchange's ultimate parent,
Intercontinental Exchange, Inc., and so the Exchange has an indirect
interest in the ICE feeds. The ICE feeds include both market data
and trading and clearing services, but the Exchange includes it as a
Third Party Data Feed. In order for a User to receive an ICE feed,
ICE must provide authorization for the User to receive both data and
trading and clearing services.
    \18\ The Exchange has a dedicated network connection to each of
the Third Party Systems.
---------------------------------------------------------------------------

    The Exchange charges a monthly recurring fee for connectivity to a
Third Party System. Specifically, when a User requests access to a
Third Party System, it identifies the applicable third party market or
other content service provider and what bandwidth connection it
requires.
    The monthly recurring fee the Exchange charges Users for unicast
connectivity to each Third Party System varies by the bandwidth of the
connection, as follows:

------------------------------------------------------------------------
                                                              Monthly
                                                           recurring fee
      Bandwidth of connection to third party system       per connection
                                                          to third party
                                                              system
------------------------------------------------------------------------
1 Mb....................................................            $200
3 Mb....................................................             400
5 Mb....................................................             500
10 Mb...................................................             800
25 Mb...................................................           1,200
50 Mb...................................................           1,800
100 Mb..................................................           2,500
200 Mb..................................................           3,000
1 Gb....................................................           3,500
------------------------------------------------------------------------

    The Exchange provides connectivity to the following Third Party
Systems:

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

-------------------------------------------------------------------------
Americas Trading Group (ATG)
BATS
Boston Options Exchange (BOX)
Chicago Board Options Exchange (CBOE)
Credit Suisse
International Securities Exchange (ISE)
Nasdaq
National Stock Exchange
NYFIX Marketplace
------------------------------------------------------------------------

    In addition to the connectivity fees, the Exchange proposes to add
language to its Price List stating the following:

Pricing for access to the execution systems of third party markets
and other service providers (Third Party Systems) is for
connectivity only. Connectivity to Third Party Systems is subject to
any technical provisioning requirements and authorization from the
provider of the data feed. Connectivity to Third Party Systems is
over the IP network. Any applicable fees are charged independently
by the relevant third party content service provider. The Exchange
is not the exclusive method to connect to Third Party Systems.
Connectivity to Third Party Data Feeds
    The Exchange proposes to revise the Price List to provide that
Users may obtain connectivity to Third Party Data Feeds for a fee. The
Exchange receives Third Party Data Feeds from multiple national
securities exchanges and other content service providers at its data
center. It then provides connectivity to that data to Users for a fee.
With the exceptions of Global OTC and NYSE Global Index, Users connect
to Third Party Data Feeds over the IP network.\19\
---------------------------------------------------------------------------

    \19\ See IP Network Release, supra note 8, at 7889 (``The IP
network also provides Users with access to away market data
products.''). Users can connect to Global OTC and NYSE Global Index
over the IP network or the Liquidity Center Network (``LCN''), a
local area network available in the data center.
---------------------------------------------------------------------------

    The Exchange notes that charging Users a monthly fee for
connectivity to Third Party Data Feeds is consistent with the monthly
fee Nasdaq charges its co-location customers for connectivity to third
party data. For instance, Nasdaq charges its co-location customers
monthly fees of $1,500 and $4,000 for connectivity to BATS Y and BATS,
respectively, and of $2,500 for connectivity to EDGA or EDGX.\20\
---------------------------------------------------------------------------

    \20\ See Nasdaq Stock Market Rule 7034.
---------------------------------------------------------------------------

    In order to connect to a Third Party Data Feed, a User enters into
a contract with the relevant third party market or other content
service provider, pursuant to which the content service provider
charges the User for the Third Party Data Feed. The Exchange receives
the Third Party Data Feed over its fiber optic network and, after the
data provider and User enter into the contract and the Exchange
receives authorization from the data provider, the Exchange re-
transmits the data to the User over the User's port. The Exchange
charges the User for the connectivity to the Third Party Data Feed. A
User only receives, and is only charged for, connectivity to the Third
Party Data Feeds for which it enters into contracts.
    With the exception of the ICE, Global OTC and NYSE Global Index
feeds,\21\

the Exchange has no affiliation with the sellers of the Third Party
Data Feeds. It has no right to use the Third Party Data Feeds other
than as a redistributor of the data. The Third Party Data Feeds do not
provide access or order entry to the Exchange's execution system. With
the exception of the ICE feeds, the Third Party Data Feeds do not
provide access or order entry to the execution systems of the third
party generating the feed.\22\ The Exchange receives Third Party Data
Feeds via arms-length agreements and it has no inherent advantage over
any other distributor of such data.
---------------------------------------------------------------------------

    \21\ ICE and the Global OTC alternative trading system are both
owned by the Exchange's ultimate parent, Intercontinental Exchange,
Inc., and so the Exchange has an indirect interest in the ICE and
Global OTC feeds. The NYSE Global Index feed includes index and
exchange traded product valuations data, with data drawn from the
Exchange, the Affiliate SROs, and third party exchanges. Because it
includes third party data, the NYSE Global Index feed is considered
a Third Party Data Feed. As with all Third Party Data Feeds, the
Exchange is not the exclusive method to connect to the ICE, Global
OTC or NYSE Global Index feeds.
    \22\ Unlike other Third Party Data Feeds, the ICE feeds include
both market data and trading and clearing services. In order to
receive the ICE feeds, a User must receive authorization from ICE to
receive both market data and trading and clearing services.
---------------------------------------------------------------------------

    The Exchange charges a monthly recurring fee for connectivity to
each Third Party Data Feed. The monthly recurring fee is per Third
Party Data Feed, with the exception that the monthly recurring feed for
SuperFeed and MSCI varies by the bandwidth of the connection. Depending
on its needs and bandwidth, a User may opt to receive all or some of
the feeds or services included in a Third Party Data Feed.
    The following table shows the feeds that connectivity to each Third
Party Data Feed provides, together with the applicable monthly
recurring fee.

------------------------------------------------------------------------
                                                              Monthly
                                                             recurring
                                                           connectivity
                  Third party data feed                    fee per third
                                                            party data
                                                               feed
------------------------------------------------------------------------
Bats BZX Exchange (BZX) and Bats BYX Exchange (BYX).....          $2,000
Bats EDGX Exchange (EDGX) and Bats EDGA Exchange (EDGA).           2,000
Boston Options Exchange (BOX)...........................           1,000
Chicago Board Options Exchange (CBOE)...................           2,000
Chicago Stock Exchange (CHX)............................             400
Euronext................................................             600
Financial Industry Regulatory Authority (FINRA).........             500
Global OTC..............................................             100
Intercontinental Exchange (ICE).........................           1,500
Montr[eacute]al Exchange (MX)...........................           1,000
MSCI 5 Mb...............................................             500
MSCI 25 Mb..............................................           1,200
NASDAQ Stock Market.....................................           2,000
NASDAQ OMX Global Index Data Service....................             100
NASDAQ OMDF.............................................             100
NASDAQ UQDF & UTDF......................................             500
NYSE Global Index.......................................             100
OTC Markets Group.......................................           1,000
SR Labs--SuperFeed <=500 Mb.............................             250
SR Labs--SuperFeed >500 Mb to <=1.25 Gb.................             800
SR Labs--SuperFeed >1.25 Gb.............................           1,000
TMX Group...............................................           2,500
------------------------------------------------------------------------

    In addition to the above connectivity fees, the Exchange proposes
to add the following language to its Price List:

Pricing for data feeds from third party markets and other content
service providers (Third Party Data Feeds) is for connectivity only.
Connectivity to Third Party Data Feeds is subject to any technical
provisioning requirements and authorization from the provider of the
data feed. Connectivity to Third Party Data Feeds is over the IP
network, with the exception that Users can connect to Global OTC and
NYSE Global Index over the IP network or LCN. Market data fees are
charged independently by the relevant third party market or content
service provider. The Exchange is not the exclusive method to
connect to Third Party Data Feeds.

    Third Party Data Feed providers may charge redistribution fees,
such as Nasdaq's Extranet Access Fees and OTC Markets Group's Access
Fees.\23\ When the Exchange receives a redistribution fee, it passes
through the charge to the User, without change to the fee. The fee is
labeled as a pass-through of a redistribution fee on the User's
invoice. The Exchange proposes to add language to the Price List
accordingly.
---------------------------------------------------------------------------

    \23\ See NASDAQ Stock Market LLC Rule 7025, ``Extranet Access
Fee'', and OTC Markets Market Data Distribution Agreement Appendix
B, ``Fees'' at http://www.otcmarkets.com/content/doc/market-data-fees-2016.pdf. See also Securities Exchange Act Release No. 74040
(January 13, 2015), 80 FR 2460 (January 16, 2015) (SR-NASDAQ-2015-
003).
---------------------------------------------------------------------------

    The Exchange provides third party markets or content providers that
are also Users connectivity to their own Third Party Data Feeds. The
Exchange does not charge Users that are third party markets or content
providers for connectivity to their own feeds, as in the Exchange's
experience such parties generally receive their own feeds for purposes
of diagnostics and testing. The Exchange proposes to add language to
the Price List accordingly.
Connectivity to Third Party Testing and Certification Feeds
    The Exchange offers Users connectivity to third party certification
and testing feeds. Certification feeds are used to certify that a User
conforms to any of the relevant content service provider's requirements
for accessing Third Party Systems or receiving Third Party Data, while
testing feeds provide Users an environment in which to conduct tests
with non-live data.\24\ Such feeds, which are solely used for
certification and testing and do not carry live production data, are
available over the IP network.
---------------------------------------------------------------------------

    \24\ For example, a User that trades on a third party exchange
may wish to test the exchange's upcoming releases and product
releases or may wish to test a new algorithm in a testing
environment prior to making it live.
---------------------------------------------------------------------------

    The Exchange proposes to revise the Price List to include
connectivity to third party certification and testing feeds. The
Exchange charges a connectivity fee of $100 per month per feed.
    The Exchange proposes to add the following connectivity fees and
language to its Price List:

Connectivity to third party certification and testing feeds--$100
monthly recurring fee per feed.

    The Exchange provides connectivity to third party testing and
certification feeds provided by third party markets and other content
service providers. Pricing for third party testing and certification
feeds is for connectivity only. Connectivity to third party testing and
certification feeds is subject to any technical provisioning
requirements and authorization from the provider of the data feed.
Connectivity to third party testing and certification feeds is over the
IP network. Any applicable fees are charged independently by the
relevant third party market or content service provider. The Exchange
is not the exclusive method to connect to third party testing and
certification feeds.
Connectivity to DTCC
    The Exchange provides Users connectivity to DTCC for clearing, fund
transfer, insurance, and settlement services.\25\ The Exchange proposes
to revise the Price List to include connectivity to DTCC. The Exchange
charges a connectivity fee of $500 per month for connections to DTCC of
5 Mb and $2,500 for connections of 50 Mb. Connectivity to DTCC is
available over the IP network.
---------------------------------------------------------------------------

    \25\ Such connectivity to DTCC is distinct from the access to
shared data services for clearing and settlement services that a
User receives when it purchases access to the LCN or IP network. The
shared data services allow Users and other entities with access to
the Trading Systems to post files for settlement and clearing
services to access.
---------------------------------------------------------------------------

    In order to connect to DTCC, a User enters into a contract with
DTCC, pursuant to which DTCC charges the User for the services
provided. The Exchange receives the DTCC feed over

its fiber optic network and, after DTCC and the User enter into the
services contract and the Exchange receives authorization from DTCC,
the Exchange provides connectivity to DTCC to the User over the User's
IP network port. The Exchange charges the User for the connectivity to
DTCC.
    Connectivity to DTCC does not provide access or order entry to the
Exchange's execution system, and a User's connection to DTCC is not
through the Exchange's execution system.
    The Exchange proposes to add the following connectivity fees and
language to its Price List:

5 Mb connection to DTCC--$500 monthly recurring fee.
50 Mb connection to DTCC--$2,500 monthly recurring fee.

    Pricing for connectivity to DTCC feeds is for connectivity only.
Connectivity to DTCC feeds is subject to any technical provisioning
requirements and authorization from DTCC. Connectivity to DTCC feeds is
over the IP network. Any applicable fees are charged independently by
DTCC. The Exchange is not the exclusive method to connect to DTCC
feeds.
Virtual Control Circuits
    Finally, the Exchange proposes to revise the Price List to offer
VCCs between two Users. VCCs are connections between two points over
dedicated bandwidth using the IP network. A VCC (previously called a
``peer to peer'' connection) is a two-way connection which the two
participants can use for any purpose.
    The Exchange bills the User requesting the VCC, but will not set up
a VCC until the other User confirms that it wishes to have the VCC set
up.
    The Exchange proposes to revise the Price List to include VCCs
between two Users. The fee for VCCs is based on the bandwidth utilized,
as follows:

------------------------------------------------------------------------
        Type of Service            Description        Amount of Charge
------------------------------------------------------------------------
Virtual Control Circuit         1 Mb.............  $200 monthly charge.
 between two Users.
                                3 Mb.............  400 monthly charge.
                                5 Mb.............  500 monthly charge.
                                10 Mb............  800 monthly charge.
                                25 Mb............  1,200 monthly charge.
                                50 Mb............  1,800 monthly charge.
                                100 Mb...........  2,500 monthly charge.
------------------------------------------------------------------------

General
    As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \26\ and
(iii) a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or both the Affiliate
SROs.\27\
---------------------------------------------------------------------------

    \26\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies in sending orders
to, and receiving market data from, the Exchange.
    \27\ See SR-NYSE-2013-59, supra note 6 at 51766. The Affiliate
SROs have also submitted substantially the same proposed rule change
to propose the changes described herein. See SR-NYSEMKT-2016-63 and
SR-NYSEArca-2016-89.
---------------------------------------------------------------------------

    The proposed change is not otherwise intended to address any other
issues relating to co-location services and/or related fees, and the
Exchange is not aware of any problems that Users 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,\28\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\29\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78f(b).
    \29\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes remove impediments
to, and perfect the mechanisms of, a free and open market and a
national market system and, in general, protect investors and the
public interest because, by offering Access and Connectivity, the
Exchange gives each User additional options for addressing its access
and connectivity needs, responding to User demand for access and
connectivity options. Providing Access and Connectivity helps each User
tailor its data center operations to the requirements of its business
operations by allowing it to select the form and latency of access and
connectivity that best suits its needs. The Exchange provides Access
and Connectivity as conveniences to Users. Use of Access or
Connectivity is completely voluntary, and each User has several other
access and connectivity options available to it. As alternatives to
using the Access and Connectivity provided by the Exchange, a User may
access or connect to such services and products through another User or
through a connection to an Exchange access center outside the data
center, third party access center, or third party vendor. The User may
make such connection through a third party telecommunication provider,
third party wireless network, the SFTI network, or a combination
thereof.
    The Exchange believes that providing access to Third Party Systems
and connectivity to Third Party Data Feeds, third party testing and
certification feeds and DTCC, as well as revising the Price List to
describe such services, would remove impediments to, and perfect the
mechanisms of, a free and open market and a national market system and,
in general, protect investors and the public interest because the
proposed changes would make the descriptions of market participants'
access and connectivity options and the related fees more accessible
and

transparent, thereby providing market participants with clarity as to
what options for connectivity are available to them and what the
related costs are. Including a description of the access to Third Party
Systems and connectivity to Third Party Data Feeds that Users receive
is consistent with Nasdaq's Rule 7034, which includes similar
information.\30\
---------------------------------------------------------------------------

    \30\ See Nasdaq Stock Market Rule 7034--Market Data Connectivity
(``Pricing is for connectivity only and is similar to connectivity
fees imposed by other vendors. The fees are generally based on the
amount of bandwidth needed to accommodate a particular feed and
Nasdaq is not the exclusive method to get market data connectivity.
Market data fees are charged independently by the Nasdaq Stock
Market and other exchanges.'')
---------------------------------------------------------------------------

    In addition, the Exchange believes that providing connectivity to
third party testing and certification feeds removes impediments to, and
perfects the mechanisms of, a free and open market and a national
market system and, in general, protects investors and the public
interest because such feeds provide Users an environment in which to
conduct tests with non-live data, including testing for upcoming
releases and product enhancements or the User's own software
development, and allow Users to certify conformance to any applicable
technical requirements. Similarly, the Exchange believes that providing
connectivity to DTCC removes impediments to, and perfects the
mechanisms of, a free and open market and a national market system and,
in general, protects investors and the public interest because it
provides efficient connection to clearing, fund transfer, insurance,
and settlement services.
    The Exchange believes that providing Users with VCCs removes
impediments to, and perfects the mechanisms of, a free and open market
and a national market system because VCCs provide each User with an
additional option for connectivity to another User, helping it tailor
its data center operations to the requirements of its business
operations by allowing it to select the form of connectivity that best
suits its needs. The Exchange provides VCCs as a convenience to Users.
Use of a VCC is completely voluntary. As an alternative to an Exchange-
provided VCC, a User may connect to another User through a cross
connect.
    The Exchange also believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\31\ 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.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed fees changes are consistent
with Section 6(b)(4) of the Act for multiple reasons. The Exchange
operates in a highly competitive market in which exchanges offer co-
location services as a means to facilitate the trading and other market
activities of those market participants who believe that co-location
enhances the efficiency of their operations. Accordingly, fees charged
for co-location services are constrained by the active competition for
the order flow of, and other business from, such market participants.
If a particular exchange charges excessive fees for co-location
services, affected market participants will opt to terminate their co-
location arrangements with that exchange, and adopt a possible range of
alternative strategies, including placing their servers in a physically
proximate location outside the exchange's data center (which could be a
competing exchange), or pursuing strategies less dependent upon the
lower exchange-to-participant latency associated with co-location.
Accordingly, the exchange charging excessive fees would stand to lose
not only co-location revenues but also the liquidity of the formerly
co-located trading firms, which could have additional follow-on effects
on the market share and revenue of the affected exchange.
    The Exchange believes that the services and fees proposed herein
are equitably allocated and not unfairly discriminatory because, in
addition to the services being completely voluntary, they are available
to all Users on an equal basis (i.e., the same products and services
are available to all Users). All Users that voluntarily select to
receive access to Third Party Systems, connectivity to Third Party Data
Feeds, third party testing and certification feeds and DTCC, or a VCC
between Users, would be charged the same amount for the same services.
    The Exchange believes that the services and fees proposed herein
are reasonable, equitably allocated and not unfairly discriminatory
because the Exchange provides Access and Connectivity as conveniences
to Users. Use of Access or Connectivity is completely voluntary, and
each User has several other access and connectivity options available
to it. As alternatives to using the Access and Connectivity provided by
the Exchange, a User may access or connect to such services and
products through another User or through a connection to an Exchange
access center outside the data center, third party access center, or
third party vendor. The User may make such connection through a third
party telecommunication provider, third party wireless network, the
SFTI network, or a combination thereof. Users that opt to use Access or
Connectivity would not receive access or connectivity that is not
available to all Users, as all market participants that contract with
the relevant market or content provider may receive access or
connectivity. Similarly, the Exchange provides VCCs between Users as a
convenience to Users. Use of a VCC is completely voluntary. As an
alternative to an Exchange-provided VCC, a User may connect to another
User through a cross connect.
    The Exchange believes that the proposed charges are reasonable,
equitably allocated and not unfairly discriminatory because the
Exchange offers Access, Connectivity, and VCCs as conveniences to
Users, but in order to do so must provide, maintain and operate the
data center facility hardware and technology infrastructure. The
Exchange must handle the installation, administration, monitoring,
support and maintenance of such services, including by responding to
any production issues. Since the inception of co-location, the Exchange
has made numerous improvements to the network hardware and technology
infrastructure and has established additional administrative controls.
The Exchange has expanded the network infrastructure to keep pace with
the increased number of services available to Users, including the
increasing bandwidth required for Access and Connectivity, including
resilient and redundant feeds. In addition, in order to provide
connectivity to Third Party Data Feeds, Third Party Systems, third
party testing and certification feeds and DTCC, the Exchange must
maintain multiple connections to each Third Party Data Feed, Third
Party System, and DTCC, allowing the Exchange to provide resilient and
redundant connections; adapt to any changes made by the relevant third
party; and cover any applicable fees (other than redistribution fees)
charged by the relevant third party, such as port fees.
    The Exchange believes that charging separate connectivity fees for
Third Party Data Feeds and access to Third Party Systems, third party
testing and certification feeds and connectivity to DTCC is reasonable
and not unfairly discriminatory because, in the Exchange's experience,
not all Users connect to Third Party Data Feeds, Third Party Systems,
third party testing and certification feeds or DTCC. By

charging only those Users that receive such connectivity, only the
Users that directly benefit from it support its cost. In addition,
Users are not required to use any of their bandwidth to connect to
Third Party Data Feeds, third party testing and certification feeds or
DTCC, or to access Third Party Systems, unless they wish to do so.
    The Exchange believes the fees for connectivity to Third Party Data
Feeds are reasonable because they allow the Exchange to defray or cover
the costs associated with offering Users connectivity to Third Party
Data Feeds while providing Users the convenience of receiving such
Third Party Data Feeds within co-location, helping them tailor their
data center operations to the requirements of their business operations
by allowing them to select the form and latency of connectivity that
best suits their needs. The Exchange believes that its proposed charges
for connectivity to Third Party Data Feeds are similar to the
connectivity fees Nasdaq imposes on its co-location customers. For
instance, Nasdaq charges its co-location customers monthly fees of
$1,500 and $4,000 for connectivity to BATS Y and BATS, respectively,
and of $2,500 for connectivity to EDGA or EDGX.\32\
---------------------------------------------------------------------------

    \32\ See Nasdaq Stock Market Rule 7034.
---------------------------------------------------------------------------

    The Exchange believes that its connectivity fees for access to
Third Party Systems are reasonable because they allow the Exchange to
defray or cover the costs associated with offering such access while
providing Users the convenience of being able to access such Third
Party Systems, helping them tailor their data center operations to the
requirements of their business operations by allowing them to select
the form and latency of connectivity that best suits their needs.
Similarly, the Exchange believes that its fees for connectivity to DTCC
are reasonable because they allow the Exchange to defray or cover the
costs associated with offering such access while providing Users the
benefit of an efficient connection to clearing, fund transfer,
insurance, and settlement services.
    The monthly recurring fees the Exchange charges Users for
connectivity to Third Party Systems, the MSCI and SuperFeed Third Party
Data Feeds, and DTCC, as well as for VCCs between Users, vary by the
bandwidth of the connection. The Exchange also believes such fees are
reasonable because the monthly recurring fee varies by the bandwidth of
the connection, and so is generally proportional to the bandwidth
required. The Exchange notes that some of the monthly recurring fees
for connectivity to SuperFeed and DTCC differ from the fees for the
other connections of the same bandwidth. The Exchange believes that
such difference in pricing is reasonable, equitably allocated and not
unfairly discriminatory because, although the bandwidth may be the
same, the competitive considerations and the costs the Exchange incurs
in providing such connections and VCCs may differ.
    The Exchange also believes that its connectivity fees for access to
third party testing and certification feeds are reasonable because they
allow the Exchange to defray or cover the costs associated with
offering such access while providing Users the benefit of having an
environment in which to conduct tests with non-live data, including
testing for upcoming releases and product enhancements or the User's
own software development, and to certify conformance to any applicable
technical requirements.
    The Exchange believes it is reasonable that redistribution fees
charged by providers of Third Party Data Feeds are passed through to
the User, without change to the fee. If not passed through, the cost of
the re-distribution fees would be factored into the proposed fees for
connectivity to Third Party Data Feeds. The Exchange believes that
passing through the fees makes them more transparent to the User,
allowing the User to better assess the cost of the connectivity to a
Third Party Data Feed by seeing the individual components of the cost,
i.e. the Exchange's fee and the redistribution fee.
    The Exchange believes that it is reasonable that it does not charge
third party markets or content providers for connectivity to their own
Third Party Data Feeds, as in the Exchange's experience such parties
generally receive their own feeds for purposes of diagnostics and
testing. The Exchange believes that it removes impediments to, and
perfects the mechanisms of, a free and open market and a national
market system and, in general, protects investors and the public
interest to facilitate such diagnostics and testing.
    Finally, the Exchange also believes that its fees for VCCs between
two Users are reasonable because they allow the Exchange to defray or
cover the costs associated with offering such VCCs while providing
Users the benefit of an additional option for connectivity to another
User, helping them tailor their data center operations to the
requirements of their business operations by allowing them to select
the form of connectivity that best suits their needs. As an alternative
to an Exchange-provided VCC, a User may connect to another User through
a cross connect.
    For the reasons above, the proposed changes do not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\33\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because, in addition to the proposed services being
completely voluntary, they are available to all Users on an equal basis
(i.e. the same products and services are available to all Users).
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange believes that providing Users with access to Third
Party Systems and connectivity to Third Party Data Feeds, third party
testing and certification feeds, and DTCC does not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because such Access and Connectivity satisfies User
demand for access and connectivity options, and each User has several
other access and connectivity options available to it. As alternatives
to using the Access and Connectivity provided by the Exchange, a User
may access or connect to such services and products through another
User or through a connection to an Exchange access center outside the
data center, third party access center, or third party vendor. The User
may make such connection through a third party telecommunication
provider, third party wireless network, the SFTI network, or a
combination thereof. Users that opt to use Access or Connectivity would
not receive access or connectivity that is not available to all Users,
as all market participants that contract with the relevant market or
content provider may receive access or connectivity. In this way, the
proposed changes would enhance competition by helping Users tailor
their Access and Connectivity to the needs of their business operations
by allowing them to select the form and latency of access and
connectivity that best suits their needs.
    Similarly, the Exchange believes that providing VCCs between Users
does not

impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act because providing VCCs
satisfies User demand for an alternative to cross connects.
    The Exchange believes that revising the Price List to provide a
more detailed description of the Access and Connectivity available to
Users would make such descriptions more accessible and transparent,
thereby providing market participants with clarity as to what Access
and Connectivity is available to them and what the related costs are,
thereby enhancing competition by ensuring that all Users have access to
the same information regarding Access and Connectivity.
    Finally, the Exchange operates in a highly competitive market in
which exchanges offer co-location services as a means to facilitate the
trading and other market activities of those market participants who
believe that co-location enhances the efficiency of their operations.
Accordingly, fees charged for co-location services are constrained by
the active competition for the order flow of, and other business from,
such market participants. If a particular exchange charges excessive
fees for co-location services, affected market participants will opt to
terminate their co-location arrangements with that exchange, and adopt
a possible range of alternative strategies, including placing their
servers in a physically proximate location outside the exchange's data
center (which could be a competing exchange), or pursuing strategies
less dependent upon the lower exchange-to-participant latency
associated with co-location. Accordingly, the exchange charging
excessive fees would stand to lose not only co-location revenues but
also the liquidity of the formerly co-located trading firms, which
could have additional follow-on effects on the market share and revenue
of the affected exchange. For the reasons described above, the Exchange
believes that the proposed rule change reflects this competitive
environment.

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. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as amended by Amendment Nos. 1, 2, and 3 is consistent with the
Exchange Act. Comments may be submitted by any of the following
methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NYSE-2016-45 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSE-2016-45. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the 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 No. SR-NYSE-2016-45, and should be
submitted on or before January 19, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31486 Filed 12-28-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Pages 61474-61475]
[FR Doc No: 2011-25566]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice For Waiver of Aeronautical Land-Use Assurance;
Indianapolis International Airport, Indianapolis, IN

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent of waiver with respect to land.

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SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to change a portion of the airport from aeronautical use to
non-aeronautical use and to authorize the release of 75.46 acres of
airport property for non-aeronautical development. The land consists of
portions of 11 original airport acquired parcels. These parcels were
acquired under grants: 6-18-0038-10 and 6-18-0038-14 or without federal
participation. The land is currently vacant. The future use of the
property is for non-aviation development.
    There are no impacts to the airport by allowing the Indianapolis
Airport Authority to dispose of the property.
    The land is not needed for aeronautical use. Approval does not
constitute a commitment by the FAA to financially assist in the sale or
lease of the subject airport property nor a determination of
eligibility for grant-in-aid funding from the FAA.
    In accordance with section 47107(h) of title 49, United States
Code, this notice is required to be published in the

Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.

DATES: Comments must be received on or before November 3, 2011.

ADDRESSES: Written comments on the Sponsor's request must be delivered
or mailed to: Melanie Myers, Program Manager, Chicago Airports District
Office, 2300 East Devon Avenue, Des Plaines, IL 60018.

FOR FURTHER INFORMATION CONTACT: Melanie Myers, Program Manager,
Federal Aviation Administration, Great Lakes Region, Detroit Airports
District Office, CHI-ADO 609, 2300 East Devon Avenue, Des Plaines, IL
60018 Telephone Number<PHONE_NUMBER>)/FAX Number<PHONE_NUMBER>).
Documents reflecting this FAA action may be reviewed at this same
location or at Indianapolis International Airport, Indianapolis,
Indiana.

SUPPLEMENTARY INFORMATION:

Parcel 112

    A part of the Northeast Quarter, the Northwest Quarter, the
Southwest Quarter, and the Southeast Quarter of Section 33, Township 15
North, Range 2 East, Decatur Township, Marion County, Indiana, more
particularly described as follows: Commencing at a brass disk (IAA
monument 33-M) found at the Southeast corner of the Northwest Quarter
of said Section 33; thence South 88 degrees 54 minutes 54 seconds West
(all bearings are based on the Indiana State Plane Coordinate system,
East Zone (NAD 83)) along the South line of said Northwest Quarter
164.56 feet; thence North 01 degrees 05 minutes 06 seconds West
perpendicular to the last described line 316.96 feet to the POINT OF
BEGINNING; thence South 87 degrees 58 minutes 46 seconds East 138.95
feet; thence South 62 degrees 24 minutes 14 seconds East 639.29 feet;
thence South 48 degrees 54 minutes 55 seconds East 516.42 feet; thence
South 60 degrees 57 minutes 17 seconds East 91.32 feet; thence South 53
degrees 40 minutes 33 seconds West 157.81 feet; thence South 45 degrees
00 minutes 17 seconds East 889.05 feet; thence South 45 degrees 07
minutes 10 seconds West 116.20 feet; thence South 44 degrees 52 minutes
50 seconds East 121.69 feet; thence North 45 degrees 07 minutes 10
seconds East 116.47 feet; thence South 45 degrees 00 minutes 17 seconds
East 360.66 feet to the North right of way of I-70 per Indiana
Department of Transportation plans for Project No. ST-70-3(Q) (the
following two courses are along said North right of way); (1) thence
South 68 degrees 47 minutes 46 seconds West 613.10 feet to a tangent
curve to the left having a radius of 20,040.00 feet, the radius point
of which bears South 21 degrees 12 minutes 14 seconds East; (2) thence
Southwesterly along said curve 849.39 feet to a point which bears North
23 degrees 37 minutes 57 seconds West from said radius point; thence
North 86 degrees 06 minutes 02 seconds West 439.92 feet to the Eastern
right of way of the I-70 Off-ramp to the Midfield Terminal per Indiana
Department of Transportation plans for said Project No. ST-70-3(Q) (the
following twelve courses are along said Eastern right of way); (1)
thence North 29 degrees 09 minutes 48 seconds West 219.65 feet; (2)
thence North 24 degrees 52 minutes 02 seconds West 208.94 feet; (3)
thence North 38 degrees 55 minutes 00 seconds West 235.07 feet; (4)
thence North 33 degrees 00 minutes 23 seconds West 271.99 feet; (5)
thence North 29 degrees 06 minutes 08 seconds West 244.10 feet; (6)
thence North 20 degrees 02 minutes 46 seconds West 147.56 feet; (7)
thence North 11 degrees 10 minutes 40 seconds West 127.36 feet; (8)
thence North 06 degrees 26 minutes 54 seconds West 94.15 feet; (9)
thence North 02 degrees 09 minutes 53 seconds East 115.55 feet; (10)
thence North 18 degrees 28 minutes 47 seconds East 338.00 feet; (11)
thence North 27 degrees 48 minutes 50 seconds East 129.82 feet to a
non-tangent curve to the right having a radius of 1125.00 feet, the
point of which bears South 58 degrees 52 minutes 42 seconds East; (12)
thence Northeasterly along said curve 264.92 feet to a point which
bears North 45 degrees 23 minutes 10 seconds West from said radius
point; thence North 44 degrees 36 minutes 50 seconds East 198.54 feet
to the POINT OF BEGINNING, containing 75.390 acres, more or less.
    Issued in Des Plaines, Illinois, on September 22, 2011.

Jack Delaney,
Acting Manager, Chicago Airports District Office, FAA, Great Lakes
Region.
[FR Doc. 2011-25566 Filed 10-3-11; 8:45 am]
BILLING CODE 4910-13-P