[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10165-10171]
[FR Doc No: 2023-03251]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96885; File No. SR-CBOE-2023-009]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt a
New Data Product Called the Cboe One Options Feed

February 10, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 30, 2023, Cboe Exchange, Inc. (``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to adopt a new data product called the Cboe One Options Feed.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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, 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 establish a new market data product called
the Cboe One Options Feed. As described more fully below, the Cboe One
Options Feed is a data feed that that will offer top of book quotations
and execution information based on options orders entered into the
Exchange System and its affiliated options exchanges, Cboe C2 Exchange,
Inc. (``C2''), Cboe BZX Exchange, Inc. (``BZX Options'') and Cboe EDGX
Exchange, Inc. (``EDGX Options'') (collectively, the ``Affiliates'' and
collectively with the Exchange, the ``Cboe Options Exchanges'') and for
which the Cboe Options Exchanges report quotes under the OPRA Plan.\3\
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    \3\ The Exchange understands that each of the Cboe Options
Exchanges will separately file substantially similar proposed rule
changes to implement Cboe One Options Feed and its related fees.

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    Currently, the Exchange offers Cboe Options Top Data feed, which is
an uncompressed data feed that offers top-of-book quotations and last
sale information based on options orders entered into the Exchange's
System. The Cboe Options Top Data feed benefits investors by
facilitating their prompt access to real-time top-of-book information
contained in Cboe Options Top Data. The Exchange notes that Cboe
Options Top Data is ideal for market participants requiring both quote
and trade data. The Exchange's Affiliates also offer similar top-of-
book data.\4\ Particularly, each of the Exchange's Affiliates offer
top-of-book quotation and last sale information based on their own
quotation and trading activity that is substantially similar to the
information provided by the Exchange through the Cboe Options Top Data.
Further, the quote and last sale data contained in the Exchange's
Affiliates top feeds is identical to the data sent to OPRA for
redistribution to the public, including data relating to the Exchange's
proprietary and exclusively listed products.
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    \4\ See C2 Options Exchange Fees Schedule, Cboe Data Services,
LLC Fees, EDGX Rule 21.15, and BZX Rule 21.15.
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    The Exchange now proposes to adopt a market data product that will
provide top-of-book quotation and last sale information based on the
quotation and trading activity on the Exchange and each of its
Affiliates, which the Exchange believes will offer a comprehensive and
highly representative view of U.S. options pricing to market
participants. More specifically, the proposed Cboe One Options Feed
will contain the aggregate best bid and offer (``BBO'') of all
displayed orders for options traded on the Exchange and its Affiliates,
as well as individual last sale information and volume, which includes
the price, time of execution and individual Cboe options exchange on
which the trade was executed. The Cboe One Options Feed will also
consist of Symbol Summary,\5\ Market Status,\6\ Trading Status,\7\ and
Trade Break \8\ messages for the Exchange and each of its Affiliates.
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    \5\ The Symbol Summary message will include the total executed
volume across all Cboe Options Exchanges.
    \6\ The Market Status message is disseminated to reflect a
change in the status of one of the Cboe Options Exchanges. For
example, the Market Status message will indicate whether one of the
Cboe Options Exchanges is experiencing a systems issue or disruption
and quotation or trade information from that market is not currently
being disseminated via the Cboe One Options Feed as part of the
aggregated BBO. The Market Status message will also indicate when a
Cboe Options Exchange is no longer experiencing a systems issue or
disruption to properly reflect the status of the aggregated BBO.
    \7\ The Trade Break message will indicate when an execution on a
Cboe Options Exchange is broken in accordance with the individual
Cboe Options Exchange's rules (e.g., Cboe Options Rule 6.5, C2
Option Rule 6.5, BZX Options Rule 20.6, EDGX Options Rule 20.6).
    \8\ The Trading Status message will indicate the current trading
status of an option contract on each individual Cboe Options
Exchange. A Trading Status message will also be sent whenever a
security's trading status changes. For example, a Trading Status
message will be sent when a symbol is open for trading or when a
symbol is subject to a trading halt or when it resumes trading.
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    The Exchange notes its affiliated equities exchanges Cboe BYX
Exchange, Inc. (``BYX''), Cboe BZX Exchange, Inc. (``BZX Equities''),
Cboe EDGA Exchange, Inc. (``EDGA'') and Cboe EDGX Exchange, Inc.
(``EDGX Equities'') already offer a similar data product, the Cboe One
Summary Feed, which contains the aggregate best bid and offer of all
displayed orders for securities traded on each of the Exchange's
affiliated equities exchanges as well as last sale information for each
of the Exchange's affiliated equities exchanges.\9\ The Cboe One
Summary Feed also consists of Symbol Summary, Market Status, Trading
Status, and Trade Break messages for each of its affiliated equities
exchanges.
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    \9\ See BZX Rule 11.22(j), BYX Rule 11.22(i), EDGA Rule 13.8(b)
and EDGX Rule 13.8(b).
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    Particularly, the Cboe One Options Feed will offer market
participants with a new option for receiving Cboe market data that
provides a consolidated view of activity on all Cboe options exchanges.
The Exchange proposes to offer the Cboe One Options Feed voluntarily in
response to demand from market participants (e.g., retail brokerage
firms) that are interested in receiving the aggregate top of book
quotation and last sale information from the Cboe Options Exchanges as
part of a single data feed. Specifically, Cboe One Options Feed can be
used by industry professionals and retail investors looking for a cost
effective, easy-to-administer, high quality market data product with
the characteristics of the Cboe One Options Feed. For example, today an
entity can subscribe to various market data products offered by single
exchanges and distribute or resell that data, either separately or in
the aggregate, to their customers as part of their own market data
offerings.\10\ Distributors and vendors may incur administrative costs
when consolidating and augmenting the data to meet their customer's
need. Consequently, distributors and/or vendors may simply choose to
not take the data from each of the Cboe Options Exchanges because of
the effort and cost required to aggregate data from separate feeds into
their existing products. The Exchange believes those same distributors
and/or vendors may be interested in distributing the Cboe One Options
Feed so that they may easily incorporate aggregated or summarized Cboe
Options Exchange data into their own products without themselves
incurring the costs of the repackaging and aggregating the data it
would receive by subscribing to each market data product offered by the
individual Cboe Options Exchanges. The Exchange therefore believes that
the Cboe One Options Feed would provide high-quality, comprehensive
last sale and top-of-book data for the Cboe Options Exchanges in a
unified view and respond to demand for such a product.
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    \10\ For purposes of this filing, a ``vendor'', which is a type
of distributor, will refer to any entity that receives an exchange
market data product directly from the exchange or indirectly from
another entity (for example, from an extranet) and then resells that
data to a third-party customer (e.g., a data provider that resells
exchange market data to a retail brokerage firm). The term
``distributor'' herein, will refer to any entity that receives an
exchange market data product, directly from the exchange or
indirectly from another entity (e.g., from a data vendor) and then
distributes to individual internal or external end-users (e.g., a
retail brokerage firm who distributes exchange data to its
individual employees and/or customers). An example of a vendor's
``third-party customer'' or ``customer'' is an institutional broker
dealer or a retail broker dealer, who then may in turn distribute
the data to their customers who are individual internal or external
end-users.
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    The Exchange also notes that it has taken into consideration its
affiliated relationship with its Affiliates in its design of Cboe One
Options Feed to assure distributors and/or vendors would be able to
resell and offer a similar product on the same terms as the Exchange,
both from a perspective of latency and cost.
    With respect to latency, the path for distribution by the Exchange
of Cboe One Options Feed would not be faster than the path for
distribution by a vendor that independently created a Cboe One Options
Feed-like product could distribute its own product. As such, the
proposed Cboe One Options data feed is a data product that a vendor
could create and sell without being in a disadvantaged position
relative to the Exchange. In recognition that the Exchange is the
source of its own market data and is affiliated with C2, BZX Options
and EDGX Options, the Exchange represents that the source of the market
data it would use to create the proposed Cboe One Options Feed is
available to vendors. Specifically, the Exchange would use the
following data feeds to create the proposed Cboe One Options Feed, each
of which is available

to other vendors: the EDGX Options Top, Cboe Options Top Data, the C2
Options Top Data, and the BZX Options Top Feeds. The Cboe Options
Exchanges will continue to make available these individual underlying
feeds, and thus, the source of the market data it would use to create
the proposed Cboe One Options feed is the same as the source available
to other vendors.
    In order to create the Cboe One Options Feed, the Exchange will
receive the individual data feeds from each Cboe Options Exchange and,
in turn, aggregate and summarize that data to create the Cboe One
Options Feed. This is the same process any entity would undergo should
it create a market data product similar to the Cboe One Options Feed to
distribute to its customers. In addition, the servers of most vendors
could be located in the same facilities as the Exchange, and,
therefore, should receive the individual data feed from each Cboe
Options Exchange at the same time the Exchange would for it to create
the Cboe One Options Feed.\11\ Therefore, a vendor that is located in
the same facilities as the Exchange could obtain the underlying data
feeds from the Cboe Options Exchanges on the same latency basis as the
system that would be performing the aggregation and consolidation of
the proposed Cboe One Options Feed and provide the same type of product
to its customers with the same latency they could achieve by purchasing
the Cboe One Options Feed from the Exchange. As such, the Exchange
would not have any unfair advantage over vendors with respect to
obtaining data from the individual Cboe Options Exchanges. In fact, the
technology supporting the Cboe One Options Feed would similarly need to
obtain the Exchange's data feed as well and even this connection would
be on a level playing field with a vendor located at the same facility
as the Exchange. The Exchange has designed the Cboe One Options data
feed so that it would not have a competitive advantage over a vendor
with respect to the speed of access to those underlying data feeds.
Likewise, the Cboe One Options data feed would not have a speed
advantage vis-[agrave]-vis vendors located in the same data center as
the Exchange with respect to access to its customers, whether those
customers are also located in the same data center or not.
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    \11\ The Exchange notes that it does not own the facilities in
which its servers are located but is aware that there are vendors
that currently locate their servers in the same facilities as the
Exchange and on an equal basis as the Exchange. The Exchange is not
aware of any reasons why vendors would not be able to locate their
servers on an equal basis as the Exchange on an on-going basis.
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    With regard to cost, the Exchange will file a separate rule filing
with the Commission to establish fees for Cboe One Options Feed, which
would be designed to ensure that vendors could compete with the
Exchange by creating a similar product as the Cboe One Options Feed.
The pricing the Exchange would charge for the Cboe One Options Feed
would not be lower than the cost to a vendor (or distributor) to obtain
the underlying Cboe Options Exchanges' top-of-book data feeds. The
pricing the Exchange would charge for the Cboe One Options Feed
compared to the cost of the individual data feeds from the Cboe Options
Exchanges would enable a vendor to receive the underlying data feeds
and offer a similar product on a competitive basis and with no greater
latency than the Exchange. The Distribution and User (Professional and
Non-Professional) fees that the Exchange intends to propose for the
Cboe One Options Feed would be equal to the combined fees for
subscribing to each individual data feed. Additionally, the Exchange
also intends to propose a separate ``Data Consolidation Fee'', which
would reflect the value of the aggregation and consolidation function
the Exchange performs in creating the Cboe One Options Feed. The
intended proposed pricing would therefore enable a vendor to create a
competing product based on the individual data feeds and charge its
customer a fee that it believes reflects the value of the aggregation
and consolidation function that is competitive with Cboe One Options
Feed pricing. For these reasons, the Exchange believes that vendors
could readily offer a product similar to the Cboe One Options Feed on a
competitive basis at a similar cost.
Implementation
    The Exchange will announce when it intends to make available the
Cboe One Options feed, subject to the effectiveness of the proposed
rule change and the effectiveness of a rule filing to establish the
fees (via a separate rule filing).\12\
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    \12\ The Exchange also represents that should it wish to modify
the proposed Cboe One Options Feed data product in the future, it
will submit a proposed rule change as required under the Act.
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2. Statutory Basis
    The Exchange believes that the proposed Cboe One Options Feed is
consistent with Section 6(b) of the Act,\13\ in general, and furthers
the objectives of Section 6(b)(5) of the Act,\14\ in particular, in
that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and to protect investors and the public
interest, and that it is not designed to permit unfair discrimination
among customers, brokers, or dealers. The Exchange also believes this
proposal is consistent with Section 6(b)(5) of the Act because it
protects investors and the public interest and promotes just and
equitable principles of trade by providing investors with new options
for receiving market data as requested by market participants and
Section 6(b)(8) of the Act, which requires that the rules of an
exchange not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.\15\ The Exchange
also believes that the proposed rule change is consistent with Section
11(A) of the Act \16\ in that it supports (i) fair competition among
brokers and dealers, among exchange markets, and between exchange
markets and markets other than exchange markets and (ii) the
availability to brokers, dealers, and investors of information with
respect to quotations for and transactions in securities. In adopting
Regulation NMS, the Commission granted self-regulatory organizations
and broker-dealers increased authority and flexibility to offer new and
unique market data to consumers of such data. It was believed that this
authority would expand the amount of data available to users and
consumers of such data and also spur innovation and competition for the
provision of market data. The Exchange believes that the proposed Cboe
One Options Feed would further broaden the availability of U.S. option
market data to investors consistent with the principles of Regulation
NMS. Particularly, the Exchange believes the proposed Cboe One Options
Feed promotes transparency by disseminating the Cboe Options Exchanges'
market data more widely through additional distribution channels, which
will enable investors to better monitor trading activity on the Cboe
Options Exchanges, and thereby serve the public interest. The Exchange
is providing additional distribution channels because it believes
market participants may be more inclined to purchase a combined data
feed and redistribute it. Particularly, the Exchange believes that
market participants would welcome a market

data product that would provide high-quality, comprehensive top-of-book
and last sale data for the Cboe Options Exchanges in a unified view
(i.e., the Cboe One Options Feed).
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78f(b)(8).
    \16\ 15 U.S.C. 78k-1
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    The Exchange also notes that it operates in a highly competitive
environment. Indeed, there are currently 16 registered options
exchanges that trade options. Based on publicly available information,
no single options exchange has more than 18% of the market share.\17\
The Exchange believes top-of-book quotation and transaction data is
highly competitive as national securities exchanges compete vigorously
with each other to provide efficient, reliable, and low-cost data to a
wide range of investors and market participants. While there is not
currently an aggregated top-of-book data product offered at competitor
options exchanges, the quote and last sale data contained in the
proposed Cboe One Options Feed is identical to data already provided in
the Exchange's and its Affiliate's individual top-of-book data products
as well as to the data sent to OPRA for redistribution to the public
(including data relating to any exchange's proprietary and exclusively
listed products).\18\ Accordingly, the Exchange believes market
participants can substitute any individual or consolidated exchange
top-of-book feeds with similar feeds from other exchanges and/or
through OPRA with respect to the data contained in the proposed Cboe
One Options Feed. Exchange top-of-book data is therefore widely
available today from a number of different sources.
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    \17\ See Cboe Global Markets U.S. Options Market Month-to-Date
Volume Summary (January 9, 2023), available at https://markets.cboe.com/us/options/market_statistics/.
    \18\ The Exchange notes that it and its Affiliates, make
available their respective top-of-book data and last sale data that
is included in each exchange's top-of-book data feed no earlier than
the time at which the Exchange sends that data to OPRA.
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    Moreover, exchange top-of-book data is distributed and purchased on
a voluntary basis, in that neither the Exchange nor market data
distributors or vendors are required by any rule or regulation to make
this data available. Accordingly, distributors and vendors can
discontinue use at any time and for any reason, including due to an
assessment of the reasonableness of fees charged. Further, the Exchange
is not required to make any proprietary data products available or to
offer any specific pricing alternatives to any customers. Moreover, all
broker-dealers involved in order routing must take consolidated data
from OPRA, and proprietary data feeds cannot be used to meet that
particular requirement. As such, all proprietary data feeds are
optional.
    Similar to exchanges' individual top-of-book data feeds, the
proposed Cboe One Options Feed would be distributed and purchased on a
voluntary basis, in that neither the Exchange, its Affiliates, nor
market data distributors or vendors are required by any rule or
regulation to make this data feed available. Accordingly, distributors
and vendors can discontinue use at any time and for any reason,
including due to an assessment of the reasonableness of fees charged.
The Exchange believes that the proposed Cboe One Options Feed will
offer an alternative to subscribing to the Cboe Options Exchanges four
individual top-of-book data feeds. Also, as noted above, there is a
history of offering similar consolidated data products in the equities
industry. Indeed, the Exchange's affiliated equities exchanges offer
the Cboe One Summary Feed, which is a substantially similar data
product which contains the aggregate BBO of all displayed orders for
securities (instead of options) traded on the Cboe's equities
exchanges, along with last sale information.\19\ The Cboe One Summary
Feed also consists of Symbol Summary, Market Status, Trading Status,
and Trade Break messages.\20\
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    \19\ See BZX Rule 11.22(j), BYX Rule 11.22(i), EDGA Rule 13.8(b)
and EDGX Rule 13.8(b).
    \20\ Id.
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    The Exchange believes the proposal would not permit unfair
discrimination because the product will be available to all market data
distributors and vendors on an equivalent basis. Any distributor or
vendor that wishes to instead purchase one or more of the individual
data feeds offered by the Cboe Options Exchanges separately will still
be able to do so. Further, the Exchange and its Affiliates will
continue to make the data contained in the proposed Cboe One Options
Feed available no earlier than the time at which the exchanges send
that data to OPRA. Market participants may therefore also substitute
Cboe One Options Feed with feeds from other exchanges and/or through
OPRA.
    In addition, the Exchange does not believe that the proposal would
permit unfair discrimination among customers, brokers, or dealers and
thus is consistent with the Act because the Exchange will be offering
the product on terms that a vendor could offer a competing product.
Specifically, the proposed data feed merely represents an aggregation
and consolidation of data contained in existing, previously filed
individual market data products of the Cboe Options Exchanges. As such,
a vendor could similarly obtain the underlying data feeds and perform a
similar aggregation and consolidation function to create the same data
product as being proposed with the same latency and cost as the
Exchange.
    The Exchange has taken into consideration its affiliated
relationship with C2, BZX Options and EDGX Options in its design of the
Cboe One Options Feed to assure that distributors and/or vendors would
be able to offer a similar product on the same terms as the Exchange,
both from the perspective of latency and cost. As discussed above, the
Exchange proposes to offer the Cboe One Options Feed voluntarily in
response to demand from market participants such as retail brokerage
firms that are interested in receiving and distributing the top-of-book
quotation and last sale information from the Cboe Options Exchanges as
part of a single data feed. Specifically, Cboe One Options Feed can be
used by industry professionals and retail investors looking for a cost
effective, easy-to-administer, high quality market data product with
the characteristics of the Cboe One Options Feed. The Cboe One Options
Feed would help protect a free and open market by providing market
participants additional choices in receiving this type of market data,
thus promoting competition and innovation.
    With respect to latency, the path for distribution by the Exchange
of Cboe One Options Feed would not be faster than the path for
distribution a vendor that independently created a Cboe One Options
Feed-like product could distribute its own product. As such, the
proposed Cboe One Options data feed is a data product that a vendor
could create and sell without being in a disadvantaged position
relative to the Exchange. In recognition that the Exchange is the
source of its own market data and is affiliated with C2, BZX Options
and EDGX Options, the Exchange represents that the source of the market
data it would use to create the proposed Cboe One Options Feed is
available to other vendors. Specifically, the Exchange would use the
following data feeds to create the proposed Cboe One Options Feed, each
of which is available to other vendors: the EDGX Options Top, Cboe
Options Top Data, the C2 Options Top Data, and the BZX Options Top
Feeds. The Cboe Options Exchanges will continue to make available these
individual underlying feeds, and thus, the source of the market data it
would use to create the proposed Cboe One Options feed is the same as
the source available to other vendors.

    In order to create the Cboe One Options Feed, the Exchange will
receive the individual data feeds from each Cboe Options Exchange and,
in turn, aggregate and summarize that data to create the Cboe One
Options Feed. This is the same process any vendor would undergo should
it create a market data product similar to the Cboe One Options Feed to
distribute to its customers. In addition, the servers of most vendors
could be located in the same facilities as the Exchange, and,
therefore, should receive the individual data feed from each Cboe
Options Exchange at the same time the Exchange would for it to create
the Cboe One Options Feed. Therefore, a vendor that is located in the
same facilities as the Exchange could obtain the underlying data feeds
from the Cboe Options Exchanges on the same latency basis as the system
that would be performing the aggregation and consolidation of the
proposed Cboe One Options Feed and provide the same type of product to
its customers with the same latency they could achieve by purchasing
the Cboe One Options Feed from the Exchange. As such, the Exchange
would not have any unfair advantage over vendors with respect to
obtaining data from the individual Cboe Options Exchanges. In fact, the
technology supporting the Cboe One Options Feed would similarly need to
obtain the Exchange's data feed as well and even this connection would
be on a level playing field with a vendor located at the same facility
as the Exchange. The Exchange has designed the Cboe One Options data
feed so that it would not have a competitive advantage over a vendor
with respect to the speed of access to those underlying data feeds.
Likewise, the Cboe One Options data feed would not have a speed
advantage vis-[agrave]-vis vendors located in the same data center as
the Exchange with respect to access to customers, whether those
customers are also located in the same data center or not.
    With regard to cost, the Exchange will file a separate rule filing
with the Commission to establish fees for Cboe One Options Feed, which
would be designed to ensure that vendors could compete with the
Exchange by creating a similar product as the Cboe One Options Feed to
offer and resell. The pricing the Exchange would charge for the Cboe
One Options Feed would not be lower than the cost to a vendor (or
distributor) to obtain the underlying Cboe Options Exchanges' top-of-
book data feeds. The pricing the Exchange would charge clients for the
Cboe One Options Feed compared to the cost of the individual data feeds
from the Cboe Options Exchanges would enable a vendor to receive the
underlying data feeds and offer a similar product on a competitive
basis and with no greater latency than the Exchange. The Distribution
and User (Professional and Non-Professional) fees that the Exchange
intends to propose for the Cboe One Options Feed would be equal to the
combined fees for subscribing to each individual data feed.\21\ The
Exchange also intends to propose a separate ``Data Consolidation Fee'',
which would reflect the value of the aggregation and consolidation
function the Exchange performs in creating the Cboe One Options Feed.
The intended proposed fees would therefore enable a vendor to create a
product based on the individual data feeds and charge its clients a fee
that it believes reflects the value of the aggregation and
consolidation function that is competitive with Cboe One Options Feed
pricing. For these reasons, the Exchange believes that vendors could
readily offer a product similar to the Cboe One Options Feed on a
competitive basis at a similar cost.
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    \21\ For example, the combined external distribution fee for the
individual data feeds of the Cboe Options Exchanges is $10,000 per
month (i.e., the monthly external distribution fee is $5,000 per
month for the Cboe Options Top, $2,500 per month for C2 Options Top
$2,000 per month for BZX Options Top, and $500 for EDGX Options
Top). The combined monthly Professional User fee for the individual
data feeds of the Cboe Options Exchanges is $30.50 per Professional
User (i.e., the monthly Professional User fee is $15.50 per
Professional User for the Cboe Options Top, $5 per Professional User
for C2 Options Top; $5 per Professional User for BZX Options Top,
and $5 per Professional User for EDGX Options Top). The combined
monthly Non-Professional User fee for the individual data feeds of
the Cboe Options Exchanges is $0.60 per Non-Professional User (i.e.,
the monthly Non-Professional User fee is $0.30 per Non-Professional
User for Cboe Options Top, $0.10 per Non-Professional User for C2
Options Top, $0.10 per Non-Professional User for BZX Options Top,
and $0.10 per Non-Professional User for EDGX Options Top).
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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
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Because the Exchange and its
affiliates, along with other exchanges already offer the similar
underlying data products, the Exchange's proposed Cboe One Options Feed
will enhance competition. The Cboe One Options Feed will foster
competition by providing an alternative market data product to those
offered by those exchanges and/or OPRA. This proposed new data feed
provides investors with new options for receiving market data, which
was a primary goal of the market data amendments adopted by Regulation
NMS.\22\ As the Cboe Options Exchanges are consistently one of the top
exchange operators by market share for U.S. options trading the data
included within the Cboe One Options Feed will provide investors a new
option for obtaining a broad market view, consistent with the primary
goal of the market data amendments adopted by Regulation NMS.
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    \22\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, at 37503 (June 29, 2005) (Regulation NMS
Adopting Release).
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    The Exchange believes the Cboe One Options Feed will further
enhance competition by providing distributors and vendors with a data
feed that allows them to more quickly and efficiently integrate into
their existing products. For example, today, vendors may subscribe to
various market data products offered by single exchanges and resell
that data, either separately or in the aggregate, to their customers as
part of their own market data offerings. Distributors and vendors may
incur administrative costs when consolidating and augmenting the data
to meet their customer's need. Consequently, many distributors and/or
vendors will simply choose to not take the data from each of the Cboe
Options Exchanges because of the effort and cost required to aggregate
data from separate feeds into their existing products. Those same
distributors and/or vendors may therefore be interested in the Cboe One
Options Feed as they may easily incorporate aggregated or summarized
Cboe Options Exchanges' data into their own products without themselves
incurring the costs of the repackaging and aggregating the data it
would receive by purchasing each market data product offered by the
individual Cboe Options Exchanges separately. The Exchange therefore
believes that by providing market data that encompasses combined data
from affiliated exchanges, the Exchange enables vendors with the
ability to compete in the provision of similar content with other
vendors, where they may not have done so previously if they were
required to purchase the top-of-book feeds from each individual Cboe
options exchanges separately.
    Although the Exchange considers the acceptance of the Cboe One
Options Feed by distributors and vendors as important to the success of
the product, depending on their needs, such distributors and vendors
may choose not to subscribe to the Cboe One Options Feed and may rather
receive the

Cboe Options Exchanges' individual market data products and incorporate
them into their specific market data products. The Cboe One Options
Feed simply provides another option for distributors and vendors to
choose from when selecting a product that meets their market data
needs.
Exchange Not the Exclusive Distributor of Cboe One Options Feed
    Although the Cboe Options Exchanges are the exclusive distributors
of the individual data feeds from which certain data elements would be
taken to create the Cboe One Options Feed, the Exchange would not be
the exclusive distributor of the aggregated and consolidated
information that would compose the proposed Cboe One Options Feed. As
discussed above, distributors and/or vendors would be able, if they
chose, to create a data feed with the same information as the Cboe One
Options Feed and distribute it to their clients on a level-playing
field with respect to latency and cost as compared to the Exchange's
proposed Cboe One Options Feed. The pricing the Exchange would charge
for the Cboe One Options Feed would not be lower than the cost to a
distributor or vendor to obtain the underlying data feeds. In addition,
the pricing the Exchange would charge clients for the Cboe One Options
Feed compared to the cost of the individual data feeds from the Cboe
Options Exchanges would enable a distributor and/or vendor to receive
the underlying data feeds and offer a similar product on a competitive
basis and with no greater latency than the Exchange.
Latency
    The Cboe One Options Feed is also not intended to compete with
similar products offered by distributors. Rather, it is intended to
assist them in incorporating aggregated and summarized data from the
Cboe Options Exchanges into their own market data products that are
provided to their customers. Therefore, distributors will receive the
data, who will, in turn, make available Cboe One Options Feed to their
end users, either separately or as incorporated into the various market
data products they provide. As stated above distributors may prefer a
product like the Cboe One Options Feed so that they may easily
incorporate aggregated or summarized Cboe Options Exchange data into
their own products without themselves incurring the administrative
costs of repackaging and aggregating the data it would receive by
subscribing to each market data product offered by the individual Cboe
Options Exchanges.
    Notwithstanding the above, the Exchange believes that vendors may
create a product similar to Cboe One Options Feed based on the market
data products offered by the individual Cboe Options Exchanges with no
greater latency than the Exchange. As discussed above, in order to
create the Cboe One Options Feed, the Exchange will receive the
individual data feeds from each Cboe Options Exchange and, in turn,
aggregate and summarize that data to create the Cboe One Options Feed.
This is the same process a vendor would undergo should it create a
market data product similar to the Cboe One Options Feed to distribute
to its customers. In addition, the servers of most vendors could be
located in the same facilities as the Exchange, and, therefore, should
receive the individual data feed from each Cboe Options Exchange at the
same time the Exchange would for it to create the Cboe One Options
Feed.
    The Exchange has designed the Cboe One Options data feed so that it
would not have a competitive advantage over a vendor with respect to
the speed of access to those underlying data feeds. Likewise, the Cboe
One Options data feed would not have a speed advantage vis-[agrave]-vis
vendors located in the same data center as the Exchange with respect to
access to their customers, whether those end users are also located in
the same data center or not. Therefore, the Exchange believes that it
will not incur any potential latency advantage that will result in any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Cost
    With regard to cost, the Exchange will file a separate rule filing
with the Commission to establish fees for Cboe One Options Feed that
would be designed to ensure that vendors could compete with the
Exchange by creating a similar product as the Cboe One Options Feed.
The pricing the Exchange would charge clients for the Cboe One Options
Feed compared to the cost of the individual data feeds from the Cboe
Options Exchanges would enable a vendor to receive the underlying data
feeds and offer a similar product on a competitive basis and with no
greater latency than the Exchange. The Distribution and User
(Professional and Non-Professional) fees that the Exchange proposes for
the Cboe One Options Feed will be equal to the combined fees for
subscribing to each individual data feed. Moreover, as discussed, the
Exchange intends to propose a separate ``Data Consolidation Fee'',
which would reflect the value of the aggregation and consolidation
function the Exchange performs in creating the Cboe One Options Feed.
Therefore, vendors would be enabled to create a competing product based
on the individual data feeds and charge their clients a fee that they
believes reflects the value of the aggregation and consolidation
function that is competitive with Cboe One Options Feed pricing. For
these reasons, the Exchange believes that vendors could readily offer a
product similar to the Cboe One Options Feed on a competitive basis at
a similar cost.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    A. significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \23\ and
Rule 19b-4(f)(6) \24\ 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. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to [email protected]. Please include
File Number SR-CBOE-2023-009 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2023-009. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2023-009 and should be submitted on
or before March 9, 2023.

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

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

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03251 Filed 2-15-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Rules and Regulations]
[Page 4131-4133]
[DOCID:fr23ja09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1083; Directorate Identifier 2008-NM-130-AD;
Amendment 39-15782; AD 2009-01-03]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    There have been several cases reported where the landing gear
did not retract after take-off. Subsequent investigation revealed
this was caused by fatigue failure of the nose landing gear
electrical harness. In conjunction with one engine being inoperable,
this could, in certain operating conditions, affect continued safe
flight and landing.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective February 27, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 27,
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would

apply to the specified products. That NPRM was published in the Federal
Register on October 10, 2008 (73 FR 60206). That NPRM proposed to
correct an unsafe condition for the specified products. The MCAI
states:

    There have been several cases reported where the landing gear
did not retract after take-off. Subsequent investigation revealed
this was caused by fatigue failure of the nose landing gear
electrical harness. In conjunction with one engine being inoperable,
this could, in certain operating conditions, affect continued safe
flight and landing.
    This directive mandates incorporation of new weight-on-wheels
(WOW) and steering harnesses that have a new conduit construction.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 42 products of U.S.
registry. We also estimate that it will take about 13 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $43,680, or $1,040 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-01-03 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-15782. Docket No. FAA-2008-1083; Directorate Identifier 2008-NM-
130-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400, DHC-8-401,
and DHC-8-402 airplanes, certificated in any category, serial
numbers 4003, 4004, 4006, and 4008 through 4184 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    ``There have been several cases reported where the landing gear
did not retract after take-off. Subsequent investigation revealed
this was caused by fatigue failure of the nose landing gear
electrical harness. In conjunction with one engine being inoperable,
this could, in certain operating conditions, affect continued safe
flight and landing.
    ``This directive mandates incorporation of new weight-on-wheels
(WOW) and steering harnesses that have a new conduit construction.''

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 2,500 flight hours after the effective date of this
AD, replace the WOW and steering harnesses by incorporating Modsum
4-126401, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-32-51, Revision `B,' dated December
17, 2007.
    (2) Actions done before the effective date of this AD in
accordance with Bombardier

Service Bulletin 84-32-51, dated August 16, 2007; or Revision `A,'
dated August 22, 2007; are acceptable for compliance with the
corresponding requirements of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, ANE-172, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to ATTN: Wing Chan,
Aerospace Engineer, Systems and Flight Test Branch, ANE-172, FAA,
New York Aircraft Certification Office, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax (516)
794-5531. Before using any approved AMOC on any airplane to which
the AMOC applies, notify your appropriate principal inspector (PI)
in the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-22,
dated June 24, 2008; and Bombardier Service Bulletin 84-32-51,
Revision `B,' dated December 17, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 84-32-51, Revision
`B,' dated December 17, 2007, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Quebec H4S
1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (3) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (4) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 28, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-320 Filed 1-22-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 7001-7003]
[FR Doc No: 2020-02334]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2000-7006; FMCSA-
2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-
2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-2005-22727;
FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2009-0121;
FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0372;
FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690;
FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-2015-0049;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071;
FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-2017-0017;
FMCSA-2017-0023; FMCSA-2017-0024]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 90
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirement in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2000-
7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-
2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-
2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-
2010-0372; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-
2011-26690; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-
2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-
2017-0017; FMCSA-2017-0023; or FMCSA-2017-0024, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    On December 13, 2020, FMCSA published a notice announcing its
decision to renew exemptions for 90 individuals from the vision
requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate
commerce and requested comments from the public (84 FR 68288). The
public comment period ended on January 13, 2020, and no comments were
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with the current regulation Sec.  391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in Sec.  391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the 90 renewal exemption applications
and comments received, FMCSA confirms its decision to exempt the
following drivers from the vision requirement in Sec.  391.41(b)(10).
    As of January 3, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 51 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (57 FR 57266; 64 FR 54948; 64 FR
68195; 65 FR 159; 65 FR 20251; 65 FR 57230; 66 FR 17743; 66 FR 33990;
66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 17102; 68 FR 35772; 68 FR
52811; 68 FR 61860; 68 FR 69432; 68 FR 69434; 69 FR 62741; 70 FR 30999;
70 FR 33937; 70 FR 46567; 70 FR 53412; 70 FR 57353; 70 FR 61165; 70 FR
72689; 70 FR 74102; 71 FR 644; 71 FR 14566; 71 FR 30227; 71 FR 62147;
72 FR 32705; 72 FR 39879; 72 FR 40359; 72 FR 52419; 72 FR 52421; 72 FR
62897; 72 FR 64273; 72 FR 71995; 73 FR 20245; 73 FR 27014; 73 FR 75806;
74 FR 26461; 74 FR 26464; 74 FR 34074; 74 FR 34630; 74 FR 37295; 74 FR
41971; 74 FR 43217; 74 FR 48343; 74 FR 49069; 74 FR 53581; 74 FR 57551;
74 FR 60021; 74 FR 62632; 74 FR 65847; 75 FR 50799; 76 FR 7894; 76 FR
8809; 76 FR 20078; 76 FR 34135; 76 FR 37168; 76 FR 44653; 76 FR 53708;
76 FR 54530; 76 FR 55465; 76 FR 62143; 76 FR 64169; 76 FR 64171; 76 FR
66123; 76 FR 67246; 76 FR 70210; 76 FR 70215; 76 FR 75942; 76 FR 75943;
76 FR 79760; 78 FR 16762; 78 FR 18667; 78 FR 51268; 78 FR 62935; 78 FR
63302; 78 FR 64274; 78 FR 64280;

78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 68137; 78 FR 76395; 78 FR
76705; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR 4531;
79 FR 63211; 80 FR 2471; 80 FR 14240; 80 FR 16500; 80 FR 31636; 80 FR
33324; 80 FR 37718; 80 FR 44188; 80 FR 48402; 80 FR 48413; 80 FR 49302;
80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR
67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 80443; 81 FR 1284;
81 FR 11642; 81 FR 15401; 81 FR 15404; 81 FR 16265; 82 FR 18818; 82 FR
20962; 82 FR 32919; 82 FR 37499; 82 FR 43647; 82 FR 47312; 83 FR 2289;
83 FR 2306; 83 FR 3861; 83 FR 4537; 83 FR 6922):

Juan D. Adame (TX)
Michael J. Altobelli (CT)
Lawrence A. Angle (MO)
Stephen W. Barrows (OR)
Jason W. Bowers (OR)
Kenneth E. Bross (MO)
Stacey J. Buckingham (ID)
Benny J. Burke (AL)
Ryan J. Burnworth (MO)
Michael D. Champion (VT)
Ryan M. Coelho (RI)
David J. Comeaux (LA)
Duane C. Conway (NV)
William J. Corder (NC)
Jose C. Costa (WA)
Thomas R. Crocker (SC)
Kenneth D. Daniels (PA)
James D. Davis (OH)
Brad M. Donald (MI)
Dominic F. Giordano (CT)
Jeffrey A. Keefer (OH)
Martin D. Keough (NY)
Purvis W. Kills Enemy At Night (SD)
Richard L. Loeffelholz (WI)
Herman G. Lovell (OR)
Thomas P. Maio (MA)
Herman C. Mash (NC)
Christopher V. May (GA)
James F. McMahon, Jr. (NH)
Terry W. Moore (LA)
Steven D. O'Donnell (NJ)
Dennis R. Ohl (MO)
John R. Price (AR)
Francis D. Reginald (NJ)
Danilo A. Rivera (MD)
Michael J. Robinson (WV)
Ronald L. Roy (IL)
Ralph J. Schmitt (CO)
Jarrod R. Seirer (KS)
Eugene D. Self, Jr. (NC)
Levi A. Shetler (OH)
Roye T. Skelton (MS)
Paul D. Stoddard (NY)
Stanley W. Tyler, Jr. (NC)
Cesar Villa-Navarrete (NM)
James H. Wallace, Sr. (FL)
Stephen H. Ward (MO)
Dennis E. White (PA)
Lorenzo A. Williams (DE)
James J. Wyles (NC)
Walter M. Yohn, Jr. (AL)

    The drivers were included in docket numbers FMCSA-1999-6156; FMCSA-
1999-6480; FMCSA-2000-7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-
2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-2006-24015;
FMCSA-2007-27897; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206;
FMCSA-2010-0372; FMCSA-2011-0189; FMCSA-2011-26690; FMCSA-2013-0166;
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2014-0297; FMCSA-2014-0303;
FMCSA-2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2017-0017; and FMCSA-2017-0023.
Their exemptions are applicable as of January 3, 2020, and will expire
on January 3, 2022.
    As of January 5, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 70213; 77 FR 541; 78 FR
74223; 80 FR 80443; 83 FR 6922):
George G. Ulferts, Jr. (IA)
    The driver was included in docket number FMCSA-2011-0298. The
exemption is applicable as of January 5, 2020, and will expire on
January 5, 2022.
    As of January 8, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following seven individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (72 FR 67340; 73
FR 1395; 74 FR 65845; 76 FR 78728; 78 FR 76704; 80 FR 76345; 80 FR
80443; 81 FR 60117; 83 FR 6922):

Wayne A. Burnett (NC)
George R. Cornell (OH)
Thomas E. Gross (PA)
Steven G. Hall (NC)
Jason Huddleston (TX)
Martin Postma (IL)
Phillip D. Satterfield (GA)

    The drivers were included in docket numbers FMCSA-2007-0017; and
FMCSA-2015-0344. Their exemptions are applicable as of January 8, 2020,
and will expire on January 8, 2022.
    As of January 11, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (82 FR 58262; 83 FR 15232):

Eric J. Andersen (FL)
Darin P. Ball (NY)
Larry W. Buchanan (NM)
Christopher T. Peevyhouse (TN)

    The drivers were included in docket number FMCSA-2017-0024. Their
exemptions are applicable as of January 11, 2020, and will expire on
January 11, 2022.
    As of January 15, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 64271; 79 FR 2748; 80 FR
80443; 83 FR 6922):

Terry L. Cliffe (IL)
Adam S. Larson (CO)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Roy A. Whitaker (TX)

    The drivers were included in docket number FMCSA-2013-0167. Their
exemptions are applicable as of January 15, 2020, and will expire on
January 15, 2022.
    As of January 21, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 79414; 81 FR 44680; 83 FR
6922):
Therron K. Billings (VA)
    The driver was included in docket number FMCSA-2015-0345. The
exemption is applicable as of January 21, 2020, and will expire on
January 21, 2022.
    As of January 23, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 67454; 79 FR 4803; 81 FR
15401; 83 FR 6922):
Leonard A. Martin (NV)
    The driver was included in docket number FMCSA-2013-0170. The
exemption is applicable as of January 23, 2020, and will expire on
January 23, 2022.
    As of January 24, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (76 FR 73769; 77
FR 3547; 79 FR 2247; 80 FR 80443; 83 FR 6922):
Marion J. Coleman, Jr. (KY); Lex A. Fabrizio (UT); and Mark A. Ferris
(IA)
    The drivers were included in docket number FMCSA-2011-0299. Their

exemptions are applicable as of January 24, 2020, and will expire on
January 24, 2022.
    As of January 27, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (68 FR 52811; 68 FR 61860; 70 FR
48801; 70 FR 61165; 70 FR 71884; 71 FR 4632; 72 FR 58359; 73 FR 1395;
73 FR 5259; 74 FR 64124; 74 FR 65845; 75 FR 1451; 77 FR 545; 78 FR
78475; 80 FR 80443; 83 FR 6922):

John E. Kimmet, Jr. (WA)
Jason L. Light (ID)
Michael J. Richard (LA)
Robert E. Sanders (PA)

    The drivers were included in docket numbers FMCSA-2003-15269;
FMCSA-2003-15892; and FMCSA-2005-22727. Their exemptions are applicable
as of January 27, 2020, and will expire on January 27, 2022.
    As of January 28, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (74 FR 60022; 75 FR 4623; 77 FR
543; 78 FR 76707; 80 FR 80443; 83 FR 6922):

James A. DuBay (MI)
Donald E. Halvorson (NM)
Phillip J. Locke (CO)
Brian T. Nelson (MN)

    The drivers were included in docket number FMCSA-2009-0303. Their
exemptions are applicable as of January 28, 2020, and will expire on
January 28, 2022.
    As of January 29, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 67454; 79 FR 4803; 80 FR
80443; 83 FR 6922):

Calvin J. Barbour (NY)
Walter A. Breeze (OH)
Donald G. Carstensen (IA)
Jamie D. Daniels (IA)
Michael L. Fiamingo (PA)
Randy G. Kinney (IL)
Hector Marquez (TX)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)

    The drivers were included in docket number FMCSA-2013-0170. Their
exemptions are applicable as of January 29, 2020, and will expire on
January 29, 2022.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being 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).

    Issued on: January 30, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-02334 Filed 2-5-20; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Notices]
[Page 60052]
[DOCID:fr23oc07-71]

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DEPARTMENT OF TRANSPORATION

Federal Aviation Administration

Second Meeting, Special Committee 215, Aeronautical Mobile
Satellite (Route) Services, Next Generation Satellite Services and
Equipment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 215, Aeronautical Mobile
Satellite (Route) Services, Next Generation Satellite Services and
Equipment.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
second meeting of RTCA Special Committee 215, Aeronautical Mobile
Satellite (Route) Services, Next Generation Satellite Services and
Equipment.

DATES: The meeting will be held November 6-7, 2007 starting at 9 a.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org for directions.

    Note: Dress is Business Casual.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 215 meeting. The agenda will
include:
     November 6-7:
     Opening Plenary Session (Welcome, Introductions, and
Administrative Remarks, Review and Approval of Agenda for Second
Plenary).
     Review and Approval of Third Meeting Summary (215-026;
RTCA Paper No. 245-07/SC215-009).
     Review of Action List and Outstanding Actions.
     FAA Issue Table--Outstanding Actions (215-005).
     NSF-Radio Astronomy Issue (FAA/Iridium).
     DO-262-Reports from Drafting Groups; Review of Drafts.
     Review Outline of DO-262 Normative Appendix.
     Overview/Introductory Sections (M. Meza, Iridium).
     Avionics Subsystem Definitions/Overall Requirements;
Avionics Design and Performance (J. Becker, Wingspeed/A. Jabs, ICG).
     Antenna (K. Bomgren, Dayton-Granger).
     Transceiver (M. Meza, Iridium).
     Avionics Equipment Performance Verification (B. Pemberton,
ARINC).
     Aircraft Installation Design Requirements (S. Niessner,
Aircell).
     Requirements Mapping (M. Meza, Iridium).
     DO-270.
     Discussion of Requirements for Normative Appendix (D.
Pitoniak, Continental).
     Closing Plenary Session (Other Business, Schedule Next
Plenary Meeting, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on October 2, 2007.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 07-5214 Filed 10-22-07; 8:45 am]

BILLING CODE 4910-13-M