[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]
[Page 51132-51134]
[DOCID:fr18au10-165]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62704; File No. SR-CBOE-2010-073]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend Its Fees Schedule and Circular Regarding Trading
Permit Holder Application and Other Related Fees

August 12, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 3, 2010, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by CBOE. The
Commission is

publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Chicago Board Options Exchange, Incorporated (``CBOE'' or
``Exchange'') proposes to amend its Fees Schedule and circular
regarding Trading Permit Holder application and other related fees
(``Trading Permit Fee Circular'') as they apply to tier appointments
and bandwidth packets. The text of the proposed rule change is
available on the Exchange's Web site (http://www.cboe.org/Legal/), at
the Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    CBOE is proposing to amend its Fees Schedule and Trading Permit Fee
Circular to extend the deadline for notification of termination of a
tier appointment or bandwidth packet until the last business day of the
prior month. Specifically, tier appointments and bandwidth packets will
be renewed automatically for the next month unless the Trading Permit
Holder submits written notification to the CBOE Registration Services
Department by the last business day of the prior month to cancel the
tier appointment or bandwidth packet effective at or prior to the end
of the applicable month. Trading Permit Holders were previously
required to submit this notification by the 25th day of the prior month
(or the preceding business day if the 25th was not a business day).
CBOE no longer believes that it requires this additional notice in the
context of tier appointment and bandwidth packet terminations.
    CBOE is also proposing to amend its Fees Schedule and Trading
Permit Fee Circular to establish a fee scale for the purchase of Order
Entry Bandwidth Packets under which the cost of an Order Entry
Bandwidth Packet would decline at certain break points as additional
Order Entry Bandwidth Packets are purchased. Specifically, the first
through fifth Order Entry Bandwidth Packets obtained by a Trading
Permit Holder would cost $2,000 per packet per month, the sixth through
eighth Order Entry Bandwidth Packets obtained by that Trading Permit
Holder would cost $1,000 per packet per month, the ninth through
thirteenth Order Entry Bandwidth Packets obtained by that Trading
Permit Holder would cost $500 per packet per month, and the fourteenth
and each additional Order Entry Bandwidth Packet obtained by that
Trading Permit Holder would cost $250 per packet per month. As with
CBOE's current bandwidth packet fees, the foregoing fees would be
discounted by 20% through the end of 2010.
    CBOE also proposes to allow Trading Permit Holders to obtain and
assign to a particular Sponsored User of the Trading Permit Holder one
or more Order Entry Bandwidth Packets. In that event, the fees for the
assigned bandwidth packet(s) would be assessed to the Trading Permit
Holder and the bandwidth packet(s) could be utilized solely by the
Sponsored User (and not by the Trading Permit Holder or any other
Sponsored User).
    Fees for Order Entry Bandwidth Packets assigned to a particular
Sponsored User would be subject to the same fee scale as above and to
the 20% discount through the end of 2010 that would apply to Order
Entry Bandwidth Packets obtained by Trading Permit Holders that are not
assigned to a particular Sponsored User, with one difference.
Specifically, each break point in the fee scale would be one numeral
higher than in the fee scale for Order Entry Bandwidth Packets not
assigned to a particular Sponsored User. Thus, for example, the first
tier of the fee scale for Order Entry Bandwidth Packets assigned to a
particular Sponsored User would be for the first four Order Entry
Bandwidth Packets instead of for the first three Order Entry Bandwidth
Packets. The reason for this difference is that each Trading Permit
Holder has already paid for the order entry bandwidth allocation that
is provided by the Trading Permit by paying for the Trading Permit so
the fee scale is structured so that the fee for the first Order Entry
Bandwidth Packet that is assigned to a Sponsored User is paid before
the sliding scale becomes applicable.
    Thus, the full fee scale for Order Entry Bandwidth Packets assigned
by a Trading Permit Holder to a Sponsored User would be that the first
through sixth Order Entry Bandwidth Packets assigned to the Sponsored
User would cost $2,000 per packet per month, the seventh through ninth
Order Entry Bandwidth Packets assigned to that Sponsored User would
cost $1,000 per packet per month, the tenth through fourteenth Order
Entry Bandwidth Packets assigned to that Sponsored User would cost $500
per packet per month, and the fifteenth and each additional Order Entry
Bandwidth Packet assigned to that Sponsored User would cost $250 per
packet per month.
    CBOE is proposing to implement the foregoing changes effective for
the month of August 2010.
2. Statutory Basis
    The proposed rule change will treat all Trading Permit Holders in a
consistent manner and apply the same fees with respect to all Sponsored
Users. The difference in the fee scale applicable with respect to
Sponsored Users is reasonable in that Sponsored Users are not CBOE
Trading Permit Holders and have not already obtained an order entry
bandwidth allowance through the purchase of a Trading Permit.
Accordingly, the Exchange believes that the proposed rule change is
consistent with Section 6(b) of the Act,\3\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \4\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among persons using its facilities for
the reasons described above.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The foregoing rule has become effective pursuant to Section
19(b)(3)(A)

of the Act \5\ and subparagraph (f)(2) of Rule 19b-4\6\ thereunder. At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2010-073 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2010-073. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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-CBOE-2010-073 and should be
submitted on or before September 8, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20407 Filed 8-17-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36182-36184]
[FR Doc No: 2017-16339]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0239]

Parts and Accessories Necessary for Safe Operation; Hino Motors
Manufacturing U.S.A., Inc.

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Hino Motors Manufacturing U.S.A.,
Inc.'s (Hino) application for a limited 5-year exemption allowing motor
carriers operating commercial motor vehicles (CMVs) manufactured by the
company to use an Automated Emergency Braking (AEB) system and a Lane
Departure Warning (LDW) system camera mounted in the windshield area at
a height lower than currently allowed. The Agency has determined that
lower placement of the AEB/LDW system camera would not have an adverse
impact on safety and that adherence to the terms and conditions of the
exemption would achieve a level of safety equivalent to or greater than
the level of safety provided by the regulation.

DATES: This exemption is effective August 3, 2017 and ending August 3,
2022.

FOR FURTHER INFORMATION CONTACT: Mrs. Amina Fisher, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

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

Hino's Application for Exemption

    Hino applied for an exemption from 49 CFR 393.60(e)(1) to allow an
AEB/LDW system camera to be mounted lower in the windshield than is
currently permitted by the Agency's regulations in order to utilize a
mounting location that allows the system camera to function correctly.
A copy of the application is included in the docket referenced at the
beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of
the driver's field of view by devices mounted on the interior of the
windshield. Antennas and similar devices must not be mounted more than
152 mm (6 inches) below the upper edge of the windshield, and outside
the driver's sight lines to the road and highway signs and signals.
However, Sec.  393.60(e)(1)(i) does not apply to vehicle safety
technologies, as defined in Sec.  390.5 as including ``a fleet-related
incident management system, performance or behavior management system,
speed management system, forward collision warning or mitigations
system, active cruise control system, and transponder.'' Section
393.60(e)(1)(ii) requires devices with safety technologies to be
mounted (1) not more than 100 mm (4 inches) below the upper edge of the
area swept by the windshield wipers; or (2) not more than 175 mm (7
inches) above the lower edge of the area swept by the windshield
wipers; and (3) outside the driver's sight lines to the road and
highway signs and signals.
    Hino's application stated:

    Hino is making this request so that it becomes possible to
introduce an Automated Emergency Braking (AEB) system and a Lane
Departure Warning (LDW) system as optional equipment on some Hino
commercial motor vehicles. This system, like many other similar
systems which FMCSA has granted exemptions for, requires that a
camera be mounted to the upper center area of the windshield in an
area where the windshield in an area where the windshield is swept
by the windshield wipers to provide a clear view to the lane
markings on the road.
    In the Hino installation, the camera housing supplied by Meritor
Wabco is approximately 4.67 inches wide by 4.30 inches tall. We
propose to mount the camera such that is in the approximate center
of the windshield and such that the bottom edge of the camera is
approximately 7 inches below the upper edge of the windshield,
outside of the driver's and passenger's normal sight lines to all
mirrors, highway signs, signals and view of the road ahead. This
location will allow for the optimal functionality of the advanced
safety systems supported by the camera.

    Without the proposed exemption, Hino stated that it will not be
able to deploy the AEB/LDW system camera in vehicle models because (1)
its ``customers will be fined for violating the current regulation,''
and (2) ``the camera will not perform adequately to provide the safety
benefit intended by the systems.''
    The exemption would apply to all Hino CMVs with the AEB/LDW system
camera installed. Hino believes that mounting the AEB/LDW system camera
within 7 inches below the upper edge of the windshield will allow it to
function properly while maintaining an adequate field of view for the
driver.

Comments

    FMCSA published a notice of the application in the Federal Register
on January 19, 2017, and asked for public comment (82 FR 6689).
    The Agency received one comment from Mr. Ken Tirone, supporting the
exemption application.

FMCSA Decision

    The FMCSA has evaluated the Hino exemption application. The Hino
AEB/LDW system camera is mounted approximately 7 inches below the top
of the windshield, and approximately 5.4 inches below the top of the
area swept by the windshield wipers. Although the AEB/LDW system camera
is approximately 4.3 inches tall, and mounted about 1 inch below the
top of the area swept by the windshield wipers, the manner in which the
camera system is installed on the windshield precludes it from being
mounted (1) higher in the windshield and (2) within 4 inches from the
top of the area swept by the windshield wipers in order to comply with
Sec.  393.60(e)(1)(ii)(A).
    The Agency believes that granting the temporary exemption to allow
the placement of the AEB/LDW system camera lower than currently
permitted by the Agency's regulations will provide a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption because (1) based on the technical information
available, there is no indication that the AEB/LDW system camera would
obstruct drivers' views of the roadway, highway signs and surrounding
traffic; (2) generally, trucks and buses have an elevated seating
position that greatly improves the forward visual field of the driver,
and any impairment of available sight lines would be minimal; and (3)
the mounting location 5.4 inches below the top of the area swept by the
windshield wipers (and 7 inches below the upper edge of the windshield)
and out of the driver's normal sightline will be reasonable and
enforceable at roadside. In addition, the Agency believes that the use
of AEB/LDW system cameras by fleets is likely to improve the overall
level of safety to the motoring public.
    This action is consistent with previous Agency action permitting
the placement of similarly-sized devices on CMVs outside the driver's
sight lines to the road and highway signs and signals. FMCSA is not
aware of any evidence

showing that the installation of other vehicle safety technologies
mounted on the interior of the windshield has resulted in any
degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period,
beginning August 3, 2017 and ending August 3, 2022. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs manufactured by Hino equipped with AEB/LDW system cameras mounted
in the approximate center of the windshield such that the bottom edge
of the camera is not more than 7 inches below the upper edge of the
windshield and outside the driver's sight lines to all mirrors, highway
signs, signals, and view of the road ahead. The exemption will be valid
for 5 years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or commercial motor vehicles fail
to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
    Interested parties possessing information that would demonstrate
that motor carriers operating Hino CMVs equipped with the AEB/LDW
system camera are not achieving the requisite statutory level of safety
should immediately notify FMCSA. The Agency will evaluate any such
information and, if safety is being compromised or if the continuation
of the exemption is not consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

    Issued on: July 26, 2017.
 Daphne Jefferson,
Deputy Administrator.
[FR Doc. 2017-16339 Filed 8-2-17; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Pages 76662-76664]
[FR Doc No: 2013-30044]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71060; File No. SR-NASDAQ-2013-151]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Delay Implementation of Recent Changes to Rule 4120(c)(7)(C)

December 12, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on December 4, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes a proposed rule change to delay
implementation of recent changes to Rule 4120(c)(7)(C) to allow market
participants the opportunity to participate in testing of the new
process

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

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

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

1. Purpose
    The Exchange proposes to delay the implementation date of recently-
approved changes to the halt release process under Rule 4120(c)(7)(C).
On November 14, 2013, the Exchange filed an immediately effective rule
change to amend Rule 4120(c)(7)(C) to modify the parameters for
releasing securities for trading upon the termination of a trading
halt.\3\ The Exchange filed the proposal pursuant to subparagraph
(f)(6) of Rule 19-4 under the Act,\4\ which requires, among other
things, that changes filed pursuant to this subparagraph not become
operative for thirty days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. The Exchange requested that the
Commission waive the thirty-day operative delay under subparagraph
(f)(6) of Rule 19b-4,\5\ noting that the proposed change is designed to
protect market participants from seemingly erroneous pricing of halted
securities upon resumption of trading, and that, it is possible,
particularly with regard to the IPO release process, for a disruptive
order to skew the release price far from what was anticipated by market
participants based on the indicative prices published by the Exchange
prior to the calculation.\6\ On November 21, 2013, the Commission
issued public

notice of the filing, granting waiver of the pre-operative delay.\7\
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    \3\ Securities Exchange Act Release No. 70911 (November 21,
2013), 78 FR 71011 (November 27, 2013) (SR-NASDAQ-2013-143).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ Id.
    \6\ Supra note 3.
    \7\ Id.
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    The Exchange is proposing to delay implementation of the change for
a brief period to allow for adequate user testing of the new process.
NASDAQ has scheduled a User Acceptance Test (``UAT'') for December 14,
2013, during which NASDAQ will provide market participants with the
opportunity to participate in simulated halts of test securities using
the new process. NASDAQ plans to implement the new process effective
with the beginning of regular trading hours on December 16, 2013.
Although NASDAQ does not anticipate any issues with the test, should
the UAT uncover issues with the new halt release process, NASDAQ will
further delay implementation of the process and provide public notice
thereof prior to the anticipated implementation date of December 16,
2013.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and with
Section 6(b)(5) of the Act,\9\ in particular, in that it is designed 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
transaction in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The brief delay in implementing the new process as
discussed herein promotes these goals by ensuring market participants
have adequate opportunity to test their systems against the new process
in a simulated trading environment. NASDAQ believes that providing
adequate testing will allow NASDAQ to identify any potential issues
with its revised process, while also allowing market participants to
identify potential problems with their systems. As a consequence, the
proposal will protect investors by avoiding potential market
disruptions, which may occur should the new process not be adequately
tested in a simulated trading environment. The Exchange also believes
that the proposal is consistent with Section 6(b)(5) of the Act because
it will avoid market participant confusion that may be caused by having
a change to a rule that is immediately operative, but not yet
implemented. NASDAQ notes that it continues to believe in the
importance of implementing the amended process as soon as reasonably
practical and will do so upon successful completion of testing as
described above.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
Exchange believes that the proposal is irrelevant to competition
because it is not driven by, and will have no impact on, competition.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)
thereunder.\12\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission is waiving this five-day pre-filing requirement.
    \12\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has asked the Commission to waive the five-day pre-
filing requirement and the 30-day operative delay so that the proposal
may become effective and operative immediately. According to the
Exchange, the proposal is designed to clarify when the changes to Rule
4120(c)(7)(C) that are currently both effective and operative will be
implemented, thus avoiding any market participant confusion regarding
the implementation, and ensuring that NASDAQ's rules are consistent
with its operations. Thus, the Exchange believes that it is in the
interest of protecting investors to briefly delay implementation of the
recent changes to Rule 4120(c)(7)(C). Based on the Exchange's
statements, the Commission believes that waiving the five-day pre-
filing requirement and 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission designates the proposal as operative upon filing.\15\
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    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B)\16\ of
the Act to determine whether the proposed rule should be approved or
disapproved.
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    \16\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-151 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary,

Securities and Exchange Commission, 100 F Street NE., Washington, DC
20549-1090.

All submissions should refer to File Number SR-NASDAQ-2013-151. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2013-151 and should
be submitted on or before January 8, 2014.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30044 Filed 12-17-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Page 33943]
[FR Doc No: 2014-13872]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4173-DR; Docket ID FEMA-2014-0003]

Indiana; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Indiana (FEMA-4173-DR), dated April 22, 2014,
and related determinations.

DATES: Effective April 22, 2014.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 22, 2014, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Indiana resulting from a severe winter storm and snowstorm during
the period of January 5-9, 2014, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Indiana.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. You are
further authorized to provide snow assistance under the Public
Assistance program for a limited time during or proximate to the
incident period. Consistent with the requirement that Federal
assistance be supplemental, any Federal funds provided under the
Stafford Act for Hazard Mitigation will be limited to 75 percent of
the total eligible costs. Federal funds provided under the Stafford
Act for Public Assistance also will be limited to 75 percent of the
total eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to Section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, David G. Samaniego, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Indiana have been designated as
adversely affected by this major disaster:

    Boone, Clay, Hendricks, Huntington, Jasper, Kosciusko, Madison,
Morgan, Newton, Noble, Owen, Parke, Putnam, Sullivan, Tipton, Vigo,
Wabash, White, and Whitley Counties for Public Assistance.
    Boone, Clay, Hendricks, Huntington, Jasper, Kosciusko, Madison,
Morgan, Newton, Parke, Putnam, Sullivan, Tipton, Vigo, Wabash, and
White Counties for snow assistance under the Public Assistance
program for any continuous 48-hour period during or proximate the
incident period. The assistance for Noble and Whitley Counties will
be provided for a period of 72 hours.
    All counties within the State of Indiana are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-13872 Filed 6-12-14; 8:45 am]
BILLING CODE 9111-23-P