[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Rules and Regulations]
[Page 54464-54465]
[DOCID:fr08se10-3]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-62821]

Delegation of Authority to the Director of Its Division of
Enforcement

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Commission is amending its rules to delegate authority to
the Director of the Division of Enforcement, in connection with the
collection of delinquent debts arising from actions to enforce the
federal securities laws, to terminate collection activity or discharge
debts, to accept or reject offers to compromise debts, and to accept or
reject offers to enter into payment plans. This action is intended to
facilitate the Commission's debt resolution process.

DATES: Effective Date: September 8, 2010.

FOR FURTHER INFORMATION CONTACT: Kenneth H. Hall,<PHONE_NUMBER>, Office
of Chief Counsel, Division of Enforcement, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-6553.

SUPPLEMENTARY INFORMATION: The Division of Enforcement seeks actively
to collect amounts imposed in the civil actions that it files in
federal district court and in administrative proceedings; these amounts
represent disgorgement of ill-gotten gains from violations of the
Federal securities laws and civil penalties. The Division pursues debts
through further litigation, including contempt proceedings, against the
debtor, and is authorized to refer delinquent debts to the U.S.
Department of the Treasury for administrative collection activity,
including offset of debts against amounts otherwise owed by the
government to the debtor and administrative garnishment of a debtor's
wages.
    Based upon a debtor's financial condition, as substantiated by
creditable evidence, the Commission may determine to accept a debtor's
offer to pay the debt in installments, or to compromise, i.e., satisfy
the debt by payment of a lesser amount than the outstanding balance. In
addition, when all reasonable steps have been taken to collect a debt,
the Commission may authorize its staff to terminate collection activity
or discharge the debt. Termination of collection activity preserves the
debt as an obligation of the debtor, and does not bar future activity
to collect the debt should that become practicable. Discharge of the
debt is essentially a forgiveness of the debtor's obligation to pay,
which may have tax consequences for the debtor. The Commission is
delegating to the Director of the Division of Enforcement the authority
to resolve certain debts arising from actions to enforce the federal
securities laws; in particular, the Director is authorized to terminate
collection activity or discharge debts, to accept offers to compromise
debts (when the principal amount of the debt is $5 million or less) or
to reject any offers to compromise debts, and to accept or reject
offers to enter into payment plans. This delegation will improve the
efficiency of the Division's debt collection program.
    In any case the Division Director deems appropriate, the
recommendation that a debt be resolved through termination of
collection activity, discharge or by payment plan or compromise, may be
submitted to the Commission for review.
    Administrative Law Matters:
    The Commission finds, in accordance with section 553(b)(3)(A) of
the Administrative Procedure Act (``APA'') (5 U.S.C. 553(b)(3)(A)) that
this amendment relates solely to agency organization, procedure, or
practice, and does not relate to a substantive rule. Accordingly,
notice, opportunity for public comment, and publication of the
amendment prior to its effective date are unnecessary. For the same
reason, and because this amendment does not substantively affect the
rights or obligations of non-agency parties, the provisions of the
Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 804(3)(C),
are not applicable. Additionally, the provisions of the Regulatory
Flexibility Act, which apply only when notice and comment are required
by the APA or other law, 5 U.S.C. 603, are not applicable. Section
23(a)(2) of the Securities Exchange Act of 1934, 15 U.S.C. 78w(a)(2),
requires the Commission, in adopting rules under that Act, to consider
the anticompetitive effects of any rules it adopts. The Commission does
not believe that the amendment the Commission is adopting today will
have any impact on competition. Finally, this amendment does not
contain any collection of information requirements as defined by the
Paperwork Reduction Act of 1980, as amended.

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure, Authority delegations
(Government agencies).

Text of Amendment

0
For the reasons set out in the preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS

0
1. The authority citation for part 200, subpart A, continues to read in
part as follows:

    Authority:  15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w,
78ll(d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.
* * * * *

0
2. Section 200.30-4 is amended by adding paragraph (a)(15) to read as
follows:

Sec.  200.30-4  Delegation of authority to Director of Division of
Enforcement.

* * * * *
    (a) * * *
    (15) With respect to debts arising from actions to enforce the
federal securities laws, to terminate collection activity or discharge
debts, to accept offers to compromise debts when the principal amount
of the debt is $5 million or less, to reject offers to compromise
debts, and to accept or reject offers to enter into payment plans.
* * * * *

    By the Commission.

    Dated: September 1, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-22241 Filed 9-7-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Notices]
[Page 53581]
[DOCID:fr19oc09-114]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-43]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before November 9, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0711 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jan Thor, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA
98057-3356, or Ralen Gao,<PHONE_NUMBER>, Office of Rulemaking (ARM-1),
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 14, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2009-0711.
    Petitioner: Alegre Equine.
    Section of 14 CFR Affected: Sec. Sec.  25.785(j), 25.812(e),
25.855(a), 25.857(e), 25.1447(c)(1), and 25.1449.
    Description of Relief Sought: The petitioner seeks relief from
certain cabin safety requirements when operating Boeing 727-100/200
freighters for the purpose of transporting live animals.

[FR Doc. E9-25061 Filed 10-16-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30166-30170]
[FR Doc No: 2016-11200]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2462; Directorate Identifier 2014-NM-224-AD;
Amendment 39-18515; AD 2016-10-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500
series airplanes. This AD was prompted by reports of cracked antenna
support channels, skin cracking underneath the number 2 very high
frequency (VHF) antenna, and cracking in the frames attached to the
internal support structure. This AD requires repetitive inspections to
determine the condition of the skin and the internal support structure,
and follow-on actions including corrective action as necessary. We are
issuing this AD to detect and correct skin cracking of the fuselage.
Such cracking could result in separation of the number 2 VHF antenna
from the airplane and rapid depressurization of the cabin.

DATES: This AD is effective June 20, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 20,
2016.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on

the availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-2462.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2462; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on July 20, 2015 (80 FR 42756)
(``the NPRM''). The NPRM was prompted by reports of cracked antenna
support channels, skin cracking underneath the number 2 VHF antenna,
and cracking in the frames attached to the internal support structure.
The NPRM proposed to require repetitive inspections to determine the
condition of the skin and the internal support structure, and follow-on
actions including corrective action as necessary. We are issuing this
AD to detect and correct skin cracking of the fuselage. Such cracking
could result in separation of the number 2 VHF antenna from the
airplane and rapid depressurization of the cabin.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment. Boeing concurred with the NPRM.

Request To Correct a Typographical Error in Paragraph (h)(4) of the
Proposed AD

    Southwest Airlines requested that we correct a typographical error
in paragraph (h)(4) of the proposed AD, which states that
accomplishment of the preventative modification terminates the
inspection required by ``paragraphs (g), (g)(1), and (h)(2) of the
AD.'' Southwest Airlines noted that the NPRM does not contain paragraph
(g)(1). Southwest Airlines concluded that this appears to be a
typographical error and the references to paragraphs (g) and (g)(1) of
the proposed AD should be to paragraphs (h) and (h)(1) of the proposed
AD, similar to what is stated in paragraph (k)(3) of the proposed AD.
    British Airways stated that it has identified a potential
contradiction between paragraphs (h)(4) and (k)(3) of the proposed AD.
British Airways stated that paragraph (h)(4) of the proposed AD refers
to paragraph (h)(2), whereas paragraph (k)(3) of the proposed AD refers
to paragraphs (h), (h)(1), and (h)(2) of the proposed AD.
    We agree to revise paragraph (h)(4) of this AD because there is a
typographical error. We have changed the references in paragraph (h)(4)
of this AD to specify paragraphs (h), (h)(1), and (h)(2) of this AD.
This change resolves the contradiction noted by British Airways.

Request a Provision To Terminate Inspections Required by Paragraph (h)
of the Proposed AD

    Southwest Airlines requested that we provide a provision to
terminate the inspections required by paragraph (h) of the proposed AD
for previously installed repairs that have received FAA approval. The
commenter stated that these repairs would inhibit the inspections
required by paragraph (h) of this AD.
    We do not agree with the commenter's request because previously
installed FAA-approved repairs may not have been designed to address
the specified unsafe condition identified in this AD. We understand
that some of these repairs may not allow inspection of the area
specified in the AD; in those cases, the operator must request approval
for an alternative method of compliance (AMOC) according to paragraph
(m) of this AD. We have not revised this AD in this regard.

Request To Add Terminating Action to Paragraphs (h)(1) and (h)(2) of
the Proposed AD

    British Airways asked why the terminating action specified in
paragraph (k)(3) of the proposed AD is not included in the text ``until
the accomplishment of paragraphs'' references in paragraphs (h)(1) and
(h)(2) of the proposed AD. We infer British Airways is requesting that
we revise paragraphs (h)(1) and (h)(2) of the proposed AD.
    We agree with the commenter because installation of the preventive
modification in accordance with paragraph (k)(3) of this AD is
acceptable for terminating the repetitive inspections. In addition, we
note the reference to paragraph (k)(1) of this AD in paragraph (h)(2)
of this AD is redundant. We have made the following changes to this AD:
     In paragraph (h)(1) of this AD, we specify to repeat the
inspections ``until the accomplishment of paragraph (k)(1), (k)(2), or
(k)(3) of this AD, as applicable.''
     In paragraph (h)(2) of this AD, we specify to repeat the
inspections ``until the accomplishment of paragraph (k)(2) or (k)(3) of
this AD, as applicable.''

Request To Correct the Language in Paragraph (h)(2) of the Proposed AD

    Southwest Airlines requested a correction to the language in
paragraph (h)(2) of the proposed AD to add the term ``as applicable''
after the listed inspections. Southwest Airlines stated that there are
multiple sections of Part 2 of the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-53-1159, Revision 1,
dated October 20, 2014. Southwest Airlines noted that each group/
configuration has its own Part 2 instructions and that Groups 3 through
6, Configurations 2 and 3, do not contain instructions for internal
detailed inspections or internal high frequency eddy current
inspections.
    We agree with the commenter because certain inspections are
applicable to only certain configurations. We have added the language
``as applicable'' to paragraph (h)(2) of this AD.

Request To Revise Certain Paragraphs To Include a Terminating Action
for the Preventive Modification

    Southwest Airlines requested that we revise paragraph (k)(2) of the
proposed AD to include a statement that accomplishment of the repair
specified in paragraph (h)(3) of the proposed AD also terminates the
preventive modification specified in paragraph

(h)(4) of the proposed AD. Southwest Airlines stated that there is no
language in the NPRM or Boeing Special Attention Service Bulletin 737-
53-1159, Revision 1, dated October 20, 2014, that states whether the
preventative modification is required after the repair is installed.
    We do not agree with the commenter's request because, for some
airplane configurations, the repair only installs an external skin
doubler and the preventative modification includes replacement of the
internal support structure. For some airplane configurations, the
preventive modification specified in Part 4 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-53-1159,
Revision 1, dated October 20, 2014, is required after installation of
the repair specified in Part 3 of the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-53-1159, Revision 1,
dated October 20, 2014. We have not revised this AD in this regard.

Request To Provide Statement for Terminating Actions in Paragraph
(k)(2) of the Proposed AD

    Southwest Airlines requested that we revise paragraph (k)(2) of the
proposed AD to specify the repair also terminates the initial
inspections in paragraph (h) of the proposed AD. Southwest Airlines
stated that the current statement in paragraph (k)(2) of the proposed
AD does not address a terminating action for the initial inspection
specified in paragraphs (h)(1) and (h)(2) of the proposed AD for
aircraft that have previously installed the repair specified in
paragraph (h)(3) of the proposed AD.
    We agree with the commenter's request because repairs installed in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737-53-1159, Revision 1, dated
October 20, 2014, prior to the effective date of this AD, will not
allow accomplishment of the initial inspections as specified in
paragraph (h) of this AD. We revised paragraph (k)(2) of this AD to
specify that accomplishment of the repair required by paragraph (h)(3)
of this AD terminates the initial and repetitive inspections required
in paragraphs (h), (h)(1), and (h)(2) of this AD.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental
Type Certificate (STC) ST01219SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
be866b732f6cf31086257b9700692796/$FILE/ST01219SE.pdf) does not affect
the actions specified in the NPRM.
    We concur with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) of this AD and added new paragraph
(c)(2) to this AD to state that installation of STC ST01219SE does not
affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' AMOC approval request is not necessary to comply
with the requirements of 14 CFR 39.17.

Change to Paragraph (j) of This AD

    We have revised paragraph (j) of this AD to clarify that the post-
repair and post-modification inspections are airworthiness limitations
that are required by maintenance and operational rules; therefore,
these inspections are not required by this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 737-53-1159,
Revision 1, dated October 20, 2014. The service information describes
procedures for repetitive inspections to determine the condition of the
skin and the internal support structure, and follow-on actions
including corrective action as necessary. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 609 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
          Action                 Labor cost          Parts cost       Cost per product           operators
----------------------------------------------------------------------------------------------------------------
Inspections..............  33 work-hours x $85                 $0  $2,805 per inspection   $1,708,245 per
                            per hour = $2,805 per                   cycle.                  inspection cycle.
                            inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs/
modifications that would be required based on the results of the
inspections. We have no way of determining the number of aircraft that
might need these repairs/modifications.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair and preventive modification............  63 work-hours x $85 per hour =           $10,432         $15,787
                                                 $5,355.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness
directive (AD):

2016-10-04 The Boeing Company: Amendment 39-18515; Docket No. FAA-
2015-2462; Directorate Identifier 2014-NM-224-AD.

(a) Effective Date

    This AD is effective June 20, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category, as identified in Boeing Special Attention Service Bulletin
737-53-1159, Revision 1, dated October 20, 2014.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/be866b732f6cf31086257b9700692796/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracked antenna support
channels, skin cracking underneath the number 2 VHF antenna, and
cracking in the frames attached to the internal support structure.
We are issuing this AD to detect and correct skin cracking of the
fuselage. Such cracking could result in separation of the number 2
VHF antenna from the airplane and rapid depressurization of the
cabin.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection and Follow-On Actions: Group 1

    For airplanes identified as Group 1 in Boeing Special Attention
Service Bulletin 737-53-1159, Revision 1, dated October 20, 2014:
Within 120 days after the effective date of this AD, inspect for
cracking at the number 2 VHF antenna location, and do all applicable
follow-on actions, using a method approved in accordance with the
procedures specified in paragraph (m) of this AD.

(h) Inspection and Follow-On Actions: Groups 2 Through 6,
Configurations 1 Through 3

    For airplanes identified as Groups 2 through 6, Configurations 1
through 3 in Boeing Special Attention Service Bulletin 737-53-1159,
Revision 1, dated October 20, 2014: Within 1,250 flight cycles after
the effective date of this AD, do an external detailed inspection
for cracking of the fuselage skin, as applicable, and do all
applicable corrective actions, in accordance with Part 1 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1159, Revision 1, dated October 20, 2014.
Thereafter, at the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-53-
1159, Revision 1, dated October 20, 2014, except as required by
paragraph (l)(1) of this AD: Do all applicable actions specified in
paragraphs (h)(1) through (h)(4) of this AD.
    (1) Repeat the Part 1 inspections specified in paragraph (h) of
this AD until the accomplishment of paragraph (k)(1), (k)(2), or
(k)(3) of this AD, as applicable.
    (2) Inspect for cracking at the number 2 VHF antenna location
using internal and external detailed inspections, internal and
external high frequency eddy current (HFEC) inspections, and an HFEC
open-hole inspection, as applicable, in accordance with Part 2 of
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1159, Revision 1, dated October 20, 2014. Repeat the
inspections until the accomplishment of paragraph (k)(2) or (k)(3)
of this AD, as applicable.
    (3) Repair any crack found, in accordance with Part 3 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1159, Revision 1, dated October 20, 2014, except as
required by paragraph (l)(2) of this AD.
    (4) Do a preventive modification, in accordance with Part 4 of
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1159, Revision 1, dated October 20, 2014, except as
specified in paragraph (l)(2) of this AD. The accomplishment of this
preventive modification terminates the inspections required by
paragraphs (h), (h)(1), and (h)(2) of this AD.

(i) Inspection and Follow-On Actions: Groups 3 Through 6, Configuration
4

    For airplanes identified as Groups 3 through 6, Configuration 4,
in Boeing Special Attention Service Bulletin 737-53-1159, Revision
1, dated October 20, 2014: At the applicable time specified in table
10 of paragraph 1.E., ``Compliance,'' of Boeing Special Attention
Service Bulletin 737-53-1159, Revision 1, dated October 20, 2014,
except as required by paragraph (l)(1) of this AD, do an external
detailed inspection for cracking at the outer row of fasteners
common to the internal repair doubler, and do an internal general
visual inspection for cracking on the modified internal support
structure of the number 2 VHF antenna, skin, and surrounding
stringers, channel, and frames, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-53-1159, Revision 1, dated October 20, 2014.
    (1) If any cracking is found, before further flight, repair
using a method approved in accordance with the procedures specified
in paragraph (m) of this AD.
    (2) If no cracking is found, repeat the inspections at the time
specified in table 10 of paragraph 1.E., ``Compliance,'' of Boeing
Special Attention Service Bulletin 737-53-1159, Revision 1, dated
October 20, 2014.

(j) Post Repair/Post Modification Inspections

    Tables 7 through 9 of paragraph 1.E., ``Compliance,'' of Boeing
Special Attention Service Bulletin 737-53-1159, Revision 1, dated
October 20, 2014, specify post-repair and post-modification
airworthiness limitation inspections in compliance with 14 CFR
25.571(a)(3) at the repaired and modified locations, which support
compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is therefore unnecessary to
mandate them in this AD. Deviations from these inspections require
FAA approval, but do not require an alternative method of
compliance.

(k) Terminating Action Provisions

    The following describes terminating action for the airplane
groups and configurations, as identified in Boeing Special Attention
Service Bulletin 737-53-1159, Revision 1, dated October 20, 2014.
    (1) For airplanes in Group 2, Configuration 2; and Groups 3
through 6, Configuration 2: Accomplishment of the inspections
specified in paragraph (h)(2) of this AD terminates the repetitive
inspection requirements of paragraph (h)(1) of this AD.
    (2) For airplanes in Group 2, Configuration 1; and Groups 3
through 6, Configurations 1, 2, and 3: Accomplishment of the repair
specified in paragraph (h)(3) of this AD terminates the initial and
repetitive inspections specified in paragraphs (h), (h)(1), and
(h)(2) of this AD.
    (3) For airplanes in Group 2, Configuration 1; and Groups 3
through 6, Configurations 1 and 3: Accomplishment of the preventive
modification specified in paragraph (h)(4) of this AD terminates the
initial and repetitive inspections specified in paragraphs (h),
(h)(1), and (h)(2) of this AD.

(l) Exception to Service Bulletin Specifications

    (1) Where Boeing Special Attention Service Bulletin 737-53-1159,
Revision 1, dated October 20, 2014, specifies a compliance time
``after the Revision 1 date of this service bulletin,'' this AD
requires compliance within the specified compliance time after the
effective date of this AD.
    (2) Where Boeing Special Attention Service Bulletin 737-53-1159,
Revision 1, dated October 20, 2014, specifies to contact Boeing for
appropriate action, and specifies that action as ``RC'' (Required
for Compliance): Before further flight, repair the cracking using a
method approved in accordance with the procedures specified in
paragraph (m) of this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (n) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) Except as required by paragraph (l)(2) of this AD, for
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (m)(4)(i) and
(m)(4)(ii) apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(n) Related Information

    For more information about this AD, contact Jennifer
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los
Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-53-1159,
Revision 1, dated October 20, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 4, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-11200 Filed 5-13-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Notices]
[Pages 36954-36955]
[FR Doc No: 2011-15744]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance;
Shell Lake Municipal Airport, Shell Lake, WI

AGENCY: Federal Aviation Administration, DOT

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

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

SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to authorize the release of 0.101 acres of the airport
property at the

Shell Lake Municipal Airport, Shell Lake, WI.
    A recently-completed boundary survey of the airport found that a
privately-owned structure encroaches onto land owned by the airport.
This finding has resulted in a proposal to transfer the affected parcel
of airport land to the neighboring owner in exchange for that owner
transferring a parcel of its own land to the airport. Release of the
0.101 acre parcel from land assurances would allow the encroaching
structure to remain standing. The parcel to be acquired by the airport
in the land exchange (0.021 acres) would give the airport ownership of
a key parcel of land located within the 14 CFR part 77-defined, primary
surface of Runway 14/32.
    A categorical exclusion for this land release action was prepared
by Wisconsin Dept. of Transportation-Bureau of Aeronautics and issued
on February 28, 2011.
    The aforementioned land is not needed for aeronautical use, as
shown on the Airport Layout Plan. There are no impacts to the airport
by allowing the airport to dispose of the property.
    The parcel to be released was originally acquired with local funds
in 1961. To compensate for the uneven exchange of land area (0.101
acres to be released by the airport vs. 0.021 acres to be acquired by
the airport), the airport will receive $1,000 in additional
compensation to be used at the airport for maintenance and/or
improvement purposes.
    In accordance with section 47107(h) of title 49, United States
Code, this notice is required to be published in the Federal Register
30 days before modifying the land-use assurance that requires the
property to be used for an aeronautical purpose.

DATES: Comments must be received on or before July 25, 2011.

ADDRESSES: Mr. Daniel J. Millenacker, Program Manager, Federal Aviation
Administration, Airports District Office, 6020 28th Avenue South, Room
102, Minneapolis, MN 55450-2706. Telephone Number<PHONE_NUMBER>/Fax
Number<PHONE_NUMBER>. Documents reflecting this FAA action may be
reviewed at the following locations: Federal Aviation Administration,
Minneapolis Airports District Office, Delta F Building, 7200 34th Ave.
So., Suite B, Minneapolis, MN 55450; or at the Wisconsin Department of
Transportation, 4802 Sheboygan Ave., Room 701, Madison, WI 53707.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel J. Millenacker, Program
Manager, Federal Aviation Administration, Airports District Office,
6020 28th Avenue South, Room 102, Minneapolis, MN 55450-2706. Telephone
Number<PHONE_NUMBER>/Fax Number<PHONE_NUMBER>. Documents reflecting
this FAA action may be reviewed at the following locations: Federal
Aviation Administration, Minneapolis Airports District Office, Delta F
Building, 7200 34th Ave. So., Suite B, Minneapolis, MN 55450; or at the
Wisconsin Department of Transportation, 4802 Sheboygan Ave., Room 701,
Madison, WI 53707.

SUPPLEMENTARY INFORMATION: Following is a description of the subject
airport property to be released at Shell Lake Municipal Airport in
Shell Lake, Wisconsin and described as follows:

    Parcel of land in Government Lot 3, Section 36, T38N, R13W, 4th
Principal Meridian extended, City of Shell Lake, Washburn County,
Wisconsin.

Said parcel subject to all easements, restrictions, and reservations of
record.

    Issued in Minneapolis, MN on May 31, 2011.
Steven J. Obenauer,
Manager, Minneapolis Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2011-15744 Filed 6-22-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88197-88201]
[FR Doc No: 2023-27924]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99183; File No. SR-Phlx-2023-57]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Proprietary Data Fees for Top of PHLX Options (``TOPO''),
PHLX Orders, and TOPO Plus Orders at Options 7, Section 10

December 14, 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 December 5, 2023, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Exchange's proprietary data fees
for Top of PHLX Options (``TOPO''), PHLX Orders, and TOPO Plus Orders
at Options 7, Section 10, as described further below.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these

statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
proprietary data fees for Top of PHLX Options (``TOPO''), PHLX Orders,
and TOPO Plus Orders at Options 7, Section 10.\3\
---------------------------------------------------------------------------

    \3\ The proposed changes were initially filed on November 16,
2023, as SR-Phlx-2023-51. On December 5, 2023, SR-Phlx-2023-51 was
withdrawn and replaced with the instant filing to provide additional
detail regarding the proposal.
---------------------------------------------------------------------------

Top of PHLX Options (``TOPO'')
    TOPO is a direct data feed that provides subscribers with PHLX Best
Bid and Offer (``BBO'') \4\ and last sale information.\5\ The data
distributed on TOPO is identical to the data simultaneously sent to the
Options Price Reporting Authority (``OPRA'').\6\ The TOPO feed also
provides administrative information to facilitate trading on the
Exchange such as, for example, the list of symbols trading on a
particular day.\7\ TOPO reduces the transmission and processing
latencies for top of book information relative to the OPRA feed by
avoiding the latencies generated by the latter in consolidating data.
---------------------------------------------------------------------------

    \4\ The Best Bid and Offer includes aggregate size information
based on displayable order and quoting interest on the Exchange.
    \5\ See PHLX, ``Top of Phlx Options,'' available at https://
www.nasdaqtrader.com/
Micro.aspx?id=TOPO#:~:text=Top%20of%20PHLX%20Options%20(TOPO,in%20the
%20consolidated%20market%20feed.
    \6\ See Options 3 (Options Trading Rules), Section 23(a)(1)
(Data Feeds and Trade Information) (``The data contained in the TOPO
data feed is identical to the data simultaneously sent to the
processor for the OPRA and subscribers of the data feed.'').
    \7\ See, e.g., Nasdaq, ``Top of Phlx Options Interface
Specifications, Version 3.4'' Section 4.3 available at https://www.nasdaqtrader.com/content/technicalsupport/specifications/dataproducts/topofphlx.pdf (describing the start of day options
directory message, which lists all symbols eligible for the auction
process).
---------------------------------------------------------------------------

    Monthly fees for TOPO are currently $2,000 for Internal
Distributors,\8\ $2,500 for External Distributors,\9\ $1 for a Non-
Professional Subscriber,\10\ and $40 for a Professional Subscriber.\11\
None of these fees have changed for over a decade, since January
2013.\12\
---------------------------------------------------------------------------

    \8\ See Options 7, Section 10 (Proprietary Data Feed Fees) (Top
of PHLX Options) (``A `distributor' of Nasdaq PHLX data is any
entity that receives a feed or data file . . . directly from Nasdaq
PHLX or indirectly through another entity and then distributes it
either internally (within that entity) or externally (outside that
entity). All distributors execute a Nasdaq PHLX distributor
agreement.'').
    \9\ See id.
    \10\ See id. (``A Non-Professional Subscriber is a natural
person who is neither: (i) registered or qualified in any capacity
with the Commission, the Commodities Futures Trading Commission, any
state securities agency, any securities exchange or association, or
any commodities or futures contract market or association; (ii)
engaged as an `investment adviser' as that term is defined in
Section 201(11) of the Investment Advisors Act of 1940 (whether or
not registered or qualified under that Act); nor (iii) employed by a
bank or other organization exempt from registration under federal or
state securities laws to perform functions that would require
registration or qualification if such functions were performed for
an organization not so exempt. A Non-Professional Subscriber may
only use the data provided for personal purposes and not for any
commercial purpose.'').
    \11\ See id. (``A Professional Subscriber is any Subscriber that
is not a Non-Professional Subscriber. If the Nasdaq Subscriber
agreement is signed in the name of a business or commercial entity,
such entity would be considered a Professional Subscriber.'').
    \12\ See Securities Exchange Act Release No. 68576 (January 3,
2013), 78 FR 1886 (January 9, 2013) (SR-Phlx-2012-145).
---------------------------------------------------------------------------

PHLX Orders
    PHLX Orders is a real-time order book feed with pricing information
for displayed orders on the PHLX order book.\13\ The data provided for
each options series includes the symbols (series and underlying
security), a put or call indicator, expiration date, and the strike
price of the series. It also provides the real-time status of simple
and complex orders \14\ on the order book, including new orders and
changes to orders resting on the PHLX book for all PHLX-listed
options.\15\ The PHLX Orders feed includes data on the opening
imbalance, Price Improvement XL (PIXL),\16\ and Complex Order Live
Auction (COLA).\17\ A notification message is sent for symbols entering
an auction.\18\ PHLX Orders also furnishes an historical record of all
simple and complex order message data from the PHLX Orders data feed.
PHLX Orders information is not sent to OPRA.\19\
---------------------------------------------------------------------------

    \13\ See Options 3 (Options Trading Rules), Section 23(a)(2)
(Data Feeds and Trade Information).
    \14\ See Options 3 (Options Trading Rules), Section 23(a)(2)
(Data Feeds and Trade Information); Section 14(a)(i) (``Complex
Order. For purposes of the electronic trading of Complex Orders, a
Complex Order is an order involving the simultaneous purchase and/or
sale of two or more different options series in the same underlying
security, priced as a net debit or credit based on the relative
prices of the individual components, for the same account, for the
purpose of executing a particular investment strategy.'').
    \15\ See Nasdaq, ``PHLX Orders,'' available at https://www.nasdaqtrader.com/Micro.aspx?id=PHLXOrders.
    \16\ See Options 3 (Options Trading Rules), Section 23(a)(2);
Section 13 (Price Improvement XL) (``A member may electronically
submit for execution an order it represents as agent on behalf of a
Public Customer, broker-dealer, or any other entity (`PIXL Order')
against principal interest or against any other order (except as
provided in sub-paragraph (a)(6) below) it represents as agent (an
`Initiating Order') provided it submits the PIXL Order for
electronic execution into the PIXL Auction (`Auction') pursuant to
this Rule.'').
    \17\ See Options 3, Section 14(e) (describing the process for
the Complex Order Live Auction (``COLA'')).
    \18\ Nasdaq, ``PHLX Orders Interface Specification,'' (Version
1.92) available at https://www.nasdaqtrader.com/content/technicalsupport/specifications/dataproducts/topoplusorders.pdf
(describing auction notification message).
    \19\ See Limited Liability Company Agreement of Options Price
Reporting Authority, LLC Article V, Section 5.2(c)(i) (January 1,
2010), available at https://assets.website-files.com/5ba40927ac854d8c97bc92d7/5d0bd57d87d3ccca102102d7_OPRA%20Plan%20with%20Updated%20Exhibit%20A%20-%2006-19-2019.pdf (describing last sale and best bid and offer
information disseminated by OPRA).
---------------------------------------------------------------------------

    PHLX Orders is an alternative to PHLX Depth of Market. It is an
optimized technical channel designed to lower technology costs, reduce
processing time, and facilitate the ingestion of data while still
providing customers insight beyond the top of book by viewing active
buy and sell orders. PHLX Orders excludes quotations by market makers
and other authorized entities that is included in PHLX Depth of
Market.\20\
---------------------------------------------------------------------------

    \20\ See Options 3 (Options Trading Rules), Section 23(a)(3)
(Data Feeds and Trade Information) (``PHLX Depth of Market is a data
product that provides: (i) order and quotation information for
individual quotes and orders on the order book . . .'') (emphasis
added); Section 4(b) (Entry and display of Quotes) (identifying the
market participants authorized to submit quotes to the Exchange).
---------------------------------------------------------------------------

    In October 2023, the one millisecond average peak for PHLX Depth of
Market was approximately 13.5 million messages. PHLX Orders transmitted
only about 2.6 million messages on average over the same period.\21\ In
that month, purchase of PHLX Orders in lieu of PHLX Depth of Market
would have lowered the bandwidth required for peak messaging by over 80
percent. This would have decreased the load on the customer's
information processing infrastructure, reduced processing time, and
facilitated the ingestion of Exchange information, while still
providing the customer with a view of active buy and sell orders.
---------------------------------------------------------------------------

    \21\ See Nasdaq, ``October 2023 Bandwidth,'' available at
https://view.officeapps.live.com/op/view.aspx?src=http%3A%2F%2Fwww.nasdaqtrader.com%2Fcontent%2Ftechnicalsupport%2Fspecifications%2Fdataproducts%2Fbandwidthreport.xls&wdOrigin=BROWSELINK.
---------------------------------------------------------------------------

    Purchase of PHLX Orders is optional. Customers can obtain all of
the data contained in PHLX Orders from PHLX Depth of Market feed, and
may purchase the latter if they do not realize the cost savings offered
by PHLX Orders.

    PHLX Orders is a derivative product designed as a lower-cost
alternative to a depth of book feed. It is not a complement to any
other product offered by the Exchange or any of its competitors.
Customers are free to purchase PHLX Orders or not, and can reject the
feed for any reason, including the fee charged.
    Current monthly fees for PHLX Orders are $3,000 for Internal
Distributors, $3,500 for External Distributors, $1 for a Non-
Professional Subscriber, and $40 for a Professional Subscriber. None of
these fees have changes for over a decade, since January 2013.\22\
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 68576 (January 3,
2013), 78 FR 1886 (January 9, 2013) (SR-Phlx-2012-145).
---------------------------------------------------------------------------

TOPO Plus Orders
    TOPO Plus is a direct market data product that offers subscribers
both TOPO and PHLX Orders for a consolidated fee that is less than the
combined fee of the two products.\23\
---------------------------------------------------------------------------

    \23\ See PHLX, TOPO Plus PHLX Orders, available at https://www.nasdaqtrader.com/Micro.aspx?id=TOPOPlusOrders.
---------------------------------------------------------------------------

    Monthly fees for TOPO Plus Orders are currently $4,500 for Internal
Distributors, $5,000 for External Distributors, $1 for a Non-
Professional Subscriber, and $40 for a Professional Subscriber.
    Internal Distributor fees for TOPO Plus Orders were modified in
January 2018, over five years ago,\24\ but the other TOPO Plus Orders
fees have not changed since January 2013.\25\
---------------------------------------------------------------------------

    \24\ See Securities Exchange Act Release No. 82495 (January 12,
2018), 83 FR 2839 (January 19, 2018) (SR-Phlx-2018-08).
    \25\ See Securities Exchange Act Release No. 68576 (January 3,
2013), 78 FR 1886 (January 9, 2013) (SR-Phlx-2012-145).
---------------------------------------------------------------------------

Proposed Changes
    For TOPO, the Exchange proposes to increase the monthly charge for
Internal Distributors from $2,000 to $2,500, and the monthly charge for
External Distributors from $2,500 to $3,000. No changes are proposed
for Non-Professional and Professional Subscriber fees.
    For PHLX Orders, the Exchange proposes to increase the monthly
charge for Internal Distributors from $3,000 to $3,500, and the monthly
charge for External Distributors from $3,500 to $4,000. No changes are
proposed for Non-Professional and Professional Subscriber fees.
    For TOPO Plus Orders, the Exchange proposes to increase the monthly
charge for Internal Distributors from $4,500 to $5,500, and the monthly
charge for External Distributors from $5,000 to $6,000. No changes are
proposed for Non-Professional and Professional Subscriber fees.
    The proposed changes are designed to update data fees to reflect
their current value, rather than their value when these fees were set 5
or 10 years ago.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\26\ in general, and furthers the objectives of
sections 6(b)(4) and 6(b)(5) of the Act,\27\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(b).
    \27\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    This belief is based on several factors.
    First, exchange fees are constrained because market participants
can choose among seventeen different venues for options trading, and
therefore no single venue can charge excessive fees without losing
customers and market share.
    Second, fees for TOPO are constrained because the identical top of
book data is sent to OPRA, and certain market participants may choose
to rely exclusively on OPRA rather than purchasing the proprietary data
product.
    Third, the purchase of PHLX Orders is optional. It is designed as a
lower-cost alternative to depth of book, and, as such, is not a
complement to any other product offered by the Exchange or any of its
competitors. Customers may purchase PHLX Orders or not, and can reject
the feed for any reason, including the fee charged.
    Fourth, the proposed fees are comparable to, and in some cases less
than, those of similarly-situated exchanges.
    Fifth, the current fees do not properly reflect the value of the
underlying product, as fees for the products in question have been
static in nominal terms, and therefore falling in real terms (due to
inflation), while the amount of information transmitted in those fees
have more than doubled in just the past five years, reflecting a
substantial increase in customer value due to the significantly higher
levels of liquidity currently available on the Exchange.
    Sixth, higher fees for the external distribution of TOPO, PHLX
Orders, and TOPO Plus Orders are based on the additional value vendors
receive from distributing data to their own customers and typically
charging for the service.
Customers Have a Choice in Trading Venue
    Customers face many choices in where to trade options. Until
recently, sixteen exchanges have offered options trading services,\28\
and they are now being joined by a 17th member.\29\ Not a single
options exchange trades more than 11 percent of the options market by
volume.\30\ PHLX, the second largest options exchange by volume, only
has 9 percent of the options market.\31\ Only one of the 17 options
exchanges have a market share over 10 percent.\32\ This broad
dispersion of market share demonstrates that market participants can
and do exercise choice in options trading venues. As the number of
exchanges continues to grow, competition will become fiercer and
customer choice will continue to expand.
---------------------------------------------------------------------------

    \28\ See OPRA Plan, list of OPRA Participant Exchanges,
available at https://www.opraplan.com/faqs. (All options exchanges
are members of the OPRA Plan.).
    \29\ See Securities Exchange Act Release No. 98388 (September
14, 2023), 88 FR 64963 (September 20, 2023) (File No. 4-443)
(``Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the Plan for the Purpose of Developing and
Implementing Procedures Designed To Facilitate the Listing and
Trading of Standardized Options To Add MEMX LLC as a Plan
Sponsor'').
    \30\ See Nasdaq, Options Market Statistics (Last updated
November 3, 2023), available at https://www.nasdaqtrader.com/Trader.aspx?id=OptionsVolumeSummary. On November 3, 2023, the total
percentage of options market volume by exchange was as follows:
ARCA: 11%; PHLX: 9%; CBOE: 9%; BOX: 8%; ISE: 7%; EDGX: 7%; AMEX: 7%;
MIAX: 7%; MPRL: 7%; NOM: 6%; BATS: 6%; C2: 5%; EMLD: 4%; MRX: 3%;
GEMX: 3%; BXOP: 3%; MEMX: 0%.
    \31\ See id.
    \32\ See id.
---------------------------------------------------------------------------

    In light of the number of trading venues available to customers,
the Exchange must price its products, including TOPO, PHLX Orders, and
TOPO Plus Orders (as well as other products), competitively. If not,
customers would move to other venues. ``If competitive forces are
operative, the self-interest of the exchanges themselves will work
powerfully to constrain unreasonable or unfair behavior.'' \33\
Accordingly, ``the existence of significant competition provides a
substantial basis for finding that the terms of an exchange's fee
proposal are equitable, fair, reasonable, and not unreasonably or
unfairly discriminatory.'' \34\
---------------------------------------------------------------------------

    \33\ See Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74,770 (December 9, 2008) (SR-NYSEArca-2006-21).
    \34\ Id.

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

The Top of Book Data in TOPO Is Sent to OPRA
    The top of book data in TOPO is sent to OPRA; under OPRA rules,
proprietary options information is available to customers that have
equivalent access to OPRA information, and therefore is supplementary
to the OPRA feed.\35\ Specifically, Section 5.2(c)(iii) of the OPRA
Plan provides that ``[a] Member [of the OPRA Plan] may disseminate its
Proprietary Information,'' provided that ``such dissemination is
limited to other Members and to persons who also have equivalent access
to consolidated Options Information disseminated by OPRA for the same
classes or series of options that are included in the Proprietary
Information. . . .'' \36\ ``Consolidated Options Information'' refers
to ``consolidated Last Sale Reports combined with either consolidated
Quotation Information or the BBO furnished by OPRA.'' \37\ Access is
deemed to be ``equivalent'' ``if both if both kinds of information are
equally accessible on the same terminal or work station. . . .'' \38\
---------------------------------------------------------------------------

    \35\ See Limited Liability Company Agreement of Options Price
Reporting Authority, LLC Sec.  5.2(c)(iii) (January 1, 2010),
available at https://assets.website-files.com/5ba40927ac854d8c97bc92d7/5d0bd57d87d3ccca102102d7_OPRA%20Plan%20with%20Updated%20Exhibit%20A%20-%2006-19-2019.pdf (``OPRA Plan'').
    \36\ Id.
    \37\ Id.
    \38\ Id.
---------------------------------------------------------------------------

    Any customer that purchases proprietary options data from the
Exchange, including TOPO and TOPO Plus Orders, must also have
equivalent access to the OPRA Plan. As noted above, the best bid and
offer and last sale information available from TOPO and TOPO Plus
Orders fees is identical to the information simultaneously sent to OPRA
by the Exchange.\39\ OPRA provides NBBO and last sale information on
options transactions. TOPO and TOPO Plus Orders provide additional
administrative information unique to trading on the Exchange, and also
reduce the transmission and processing latencies generated through the
process of consolidating data into the OPRA feed.\40\ Because top of
book and last sale information is available on OPRA as well as TOPO,
and customers who purchase TOPO have equivalent access to the OPRA
feed, certain customers may choose to rely on the OPRA feed in lieu of
purchasing PHLX data, thereby limiting the ability of the Exchange from
charging excessive fees for its TOPO and TOPO Plus Orders feeds.
---------------------------------------------------------------------------

    \39\ As noted above, the TOPO feed includes administrative
information (but not data) that is not provided on the OPRA feed,
such as symbol directory messages. See Nasdaq, ``Top of Phlx Options
Interface Specifications, Version 3.4'' Section 4.3 available at
https://www.nasdaqtrader.com/content/technicalsupport/specifications/dataproducts/topofphlx.pdf (describing the start of
day options directory message, which lists all symbols eligible for
the auction process).
    \40\ The bid and offer and last sale information provided with
the TOPO Plus Orders product is identical to the data sent to OPRA,
although the ``orders'' component of TOPO Plus Orders is not.
---------------------------------------------------------------------------

The Purchase of PHLX Orders Is Optional
    Purchase of PHLX Orders is optional. As explained above, customers
can obtain all of the data contained in PHLX Orders from PHLX Depth of
Market feed, and may purchase the latter if they do not realize the
cost savings offered by PHLX Orders. PHLX Orders is not a complement to
any other product offered by the Exchange or any of its competitors;
customers are free to purchase PHLX Orders or not, and can reject the
feed for any reason, including the fee charged.
The Proposed Fees Are Comparable to Those of Other Exchanges
    The proposed fees are comparable to, and in some cases less than,
those of other similarly-situated exchange fees. Options market
statistics show that PHLX has a market share of approximately 9%. ARCA,
with an 11% market share, and CBOE, with a 9% market share, are its
closest competitors.\41\
---------------------------------------------------------------------------

    \41\ See Nasdaq, Options Market Statistics (Last updated
November 3, 2023), available at https://www.nasdaqtrader.com/Trader.aspx?id=OptionsVolumeSummary.
---------------------------------------------------------------------------

    To obtain top of book and depth of book information for internal
distribution (including both simple and complex options) from ARCA, a
customer would be required to pay an Access Fee of $3,000 per month, a
Non-Display fee of at least $5,000 per month for simple options, and a
Non-Display fee of $1,000 for Complex Options, for a total of $9,000
per month.\42\ To obtain the same information from PHLX under the new
proposal, a customer would pay the Internal Distributor fee of $2,500
for TOPO, and an Internal Distributor fee of $4,000 for PHLX Depth
Data,\43\ for a total of $6,500 per month.
---------------------------------------------------------------------------

    \42\ See, NYSE Arca Options Proprietary Market Data Fees (as of
July 3, 2023), available at https://www.nyse.com/publicdocs/nyse/data/NYSE_Arca_Options_Proprietary_Data_Fee_Schedule.pdf.
    \43\ See Options 7, Section 10 (Proprietary Data Feed Fees)
(PHLX Depth Data). ARCA does not charge separately for top of book
and depth of book. Although PHLX is not proposing to change fees for
depth of book information, PHLX depth of book information is
included here to maintain comparability.
---------------------------------------------------------------------------

    To obtain comparable information for Cboe Options, a customer would
be required to pay a combined fee of $9,000 per month.\44\ As noted
above, a PHLX customer would pay the Internal Distributor fee of $2,500
for TOPO, and an Internal Distributor fee of $4,000 for PHLX Depth
Data,\45\ for a total of $6,500 per month.
---------------------------------------------------------------------------

    \44\ See Cboe Data Services (CDS), Market Data Product Price
List (updated July 1, 2023), available at https://cdn.cboe.com/resources/membership/US_Market_Data_Product_Price_List.pdf.
    \45\ See Options 7, Section 10 (Proprietary Data Feed Fees)
(PHLX Depth Data). ARCA does not charge separately for top of book
and depth of book. Although PHLX is not proposing to change fees for
depth of book information, PHLX depth of book information is
included here to ensure comparability.
---------------------------------------------------------------------------

    As such, the proposed fees are comparable to fees charged by
industry peers, and therefore presumptively reasonable.
Real Exchange Fees Have Fallen While Traffic Has Increased
    As explained above, the Internal Distributor fee for TOPO Plus
Orders was increased in 2018,\46\ while none of the other fees have
changed for over a decade, since January 2013.\47\ This means that fees
for TOPO, PHLX Orders, and TOPO Plus Orders have fallen in real terms
due to inflation. At the same time, the average daily message count of
PHLX has more than doubled in just five years, from approximately 3.0
billion messages per day in 2018 to approximately 8.2 billion messages
in 2023.\48\ The proposal is reasonable in light of the substantial
increase in customer value generate by the higher levels of liquidity
now available on the Exchange.
---------------------------------------------------------------------------

    \46\ See Securities Exchange Act Release No. 82495 (January 12,
2018), 83 FR 2839 (January 19, 2018) (SR-Phlx-2018-08).
    \47\ See Securities Exchange Act Release No. 68576 (January 3,
2013), 78 FR 1886 (January 9, 2013) (SR-Phlx-2012-145).
    \48\ PHLX Data (Average Daily Message Count was 2,979,919,551.32
in 2018, and 8,243,516,029.17 thus far in 2023). The significant
increases in data traffic has also required technological upgrades
to manage the larger traffic volume and to respond to overall
technological change in the industry. See, e.g., Securities Exchange
Act Release No. 82495 (January 12, 2018), 83 FR 2839 (January 19,
2018) (SR-Phlx-2018-08) (discussing a number of functional
enhancements to both TOPO and PHLX Orders).
---------------------------------------------------------------------------

External Distributors Receive Additional Value
    External Distributors receive additional value not available to
Internal Distributors by disseminating information externally and
typically charging for the service. This additional value supports
higher fees for external distribution for TOPO, PHLX Orders, and TOPO
Plus Orders. Higher fees for external distribution of data are common
throughout the industry, and

nearly universal among exchanges. The difference in value between
internal and external distribution is also reflected in the current fee
schedule, which has previously been shown to be consistent with the
Exchange Act.
* * * * *
    In summary, the proposal represents an equitable allocation of
reasonable dues, fees and other charges because: (i) customers have a
choice in trading venue, and will exercise that choice and trade at
another venue if exchange fees are not set competitively; (ii) the top
of book data sent in the TOPO feed are also sent to OPRA, and customers
have the option of relying on OPRA data; (iii) the purchase of PHLX
Orders is entirely optional as it is a low-cost alternative to the PHLX
Depth of Market product; (iv) the proposed fees are comparable to those
of other exchanges; (v) exchange fees have fallen in real terms while
the amount of liquidity available on the exchange has increased, and
(vi) external vendors receive additional value from distributing data
to their own customers and typically charging for the service, and
therefore charging higher fees for external distribution is fair and
reasonable.
No Unfair Discrimination
    The Proposal is not unfairly discriminatory. The three market data
feeds at issue here--TOPO, PHLX Orders, and TOPO Plus Orders--are used
by a variety of market participants for a variety of purposes. Users
include regulators, market makers, competing exchanges, media, retail,
academics, portfolio managers. Market data feeds will be available to
members of all of these groups on a non-discriminatory basis.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    Nothing in the Proposal burdens inter-market competition (the
competition among self-regulatory organizations) because approval of
the Proposal does not impose any burden on the ability of other options
exchanges to compete. PHLX fees are comparable to, and in some cases
less than, those of other exchanges, as discussed above.
    Nothing in the Proposal burdens intra-market competition (the
competition among consumers of exchange data) because PHLX market data
is available to any customer under the same fee schedule as any other
customer, and any market participant that wishes to purchase PHLX
market data can do so on a non-discriminatory basis.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A)(ii) of the Act.\49\
---------------------------------------------------------------------------

    \49\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-Phlx-2023-57 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-Phlx-2023-57. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-Phlx-2023-57 and should be
submitted on or before January 10, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\50\
---------------------------------------------------------------------------

    \50\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27924 Filed 12-19-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92947-92949]
[FR Doc No: 2016-30633]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2016-0420]

Commercial Driver's License Standards: Application for Exemption;
New Prime, Inc. (Prime)

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that New Prime, Inc. (Prime) has applied for
an exemption from the requirement in 49 CFR 383.25(a)(1) that a
commercial learner's permit (CLP) holder must be accompanied by a
commercial driver's license (CDL) holder with the proper CDL class and
endorsements seated in the front seat of the vehicle while the CLP
holder is operating a commercial motor vehicle (CMV) on public roads or
highways. Prime requests an exemption to allow CLP holders who have
successfully passed the CDL skills test to be able to drive a CMV
without having a CDL holder seated in the front seat beside them. Prime
states that the CDL holder would remain in the CMV at all times while
the CLP holder is driving, but not necessarily in the passenger seat.
Prime believes that the exemption, if granted, would promote greater
productivity and help individuals who have passed the CDL skills test
return to actively earning a living faster, while achieving a level of
safety that is equivalent to or greater than the level of safety
provided by complying with the regulations. FMCSA requests public
comment on Prime's application for exemption.

DATES: Comments must be received on or before January 19, 2017.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2016-0420 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, 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 FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2016-0420), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2016-0420'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.

II. Legal Basis

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

III. Request for Exemption

    Prime seeks an exemption from 49 CFR 383.25(a)(1) that would allow
CLP holders who have successfully passed a CDL skills test and are thus
eligible to receive a CDL, to drive without having a CDL holder seated
beside them in the CMV. Prime indicates that the CDL holder will remain
in the CMV at all times while the CLP holder is driving--just not in
the front seat. At present, Prime's compliance with 49 CFR 383.25(a)(1)
delays the second phase of CMV training of its CLP holders who have
passed the CDL skills test.
    Prime is one of the nation's largest transportation companies with
a fleet of more than 7,500 CMVs. Prime advises that 2,500 to 3,500 CLP
holders would operate under the terms of the exemption each year. The
exemption application states that Sec.  383.25(a)(1) creates undue
burdens on Prime and its CLP holders, while also contributing to the
unprecedented driver shortage that continues to plague the commercial
trucking industry. Presently, the constraints that Prime faces in
adhering to the requirements of 49 CFR 383.25(a)(1) are exceptionally
cost-intensive. Prior to the implementation of this section of the
regulations, it was not uncommon for States to issue temporary CDLs to
CLP holders for the return trip to collect the CDL document from their
State of domicile. During that time, CDL holders were neither required
to log themselves ``on duty'' when supervising the CLP holder who had a
temporary CDL, nor were they required to remain in the passenger seat
of the CMV. Under that scenario, the productivity of the CMV, the
earnings capacity of the CDL and CLP holders, and the logistics of the
motor carrier's freight network all went undisturbed. Under the current
rule, however, carriers must staff two drivers in the cab of the
tractor to accomplish the on-duty work of one.
    Prime contends that compliance with the CDL rule leaves it with
only two options. It can either: (1) Secure some mode of public
transportation to allow the CLP holder to collect his or her CDL
document before returning to Prime; or (2) the company can route the
driver to his or her State of domicile, often against the natural flow
of the freight network. Prime argues that securing public transit for
each of these CLP holders under Option 1 entails extreme cost burdens
to the company; and option 2 is no more beneficial because routing CLP
holders to their home States, commonly without reference to shipper
demand, introduces extreme cost inefficiencies.
    Other reasons cited by Prime in support of the exemption request
include: (1) CDL issuing agencies across States may require many days,
if not weeks, to secure the CLP holder's licensure materials. CLP
holders suffer great financial hardship during this waiting period. As
commercial truck driving is already notorious for its high turnover
rates, requiring such protracted waiting periods will greatly augment
driver attrition levels. (2) A marked reduction of CLP holders'
functional driving skills: CLP holders who are sidelined for many days
or weeks will experience a material diminishment in their driving
skills, as continuous experiential exposure to commercial driving is
required to keep such skills suitably honed; and (3) The industry-wide
driver shortage is exacerbated by the current rule. Prospective drivers
who learn that they might have to wait several days and be
inefficiently routed baci to their home State for CDL licensure, are
less likely to enlist in the trucking profession.
    The exemption sought would apply only to those Prime drivers who
have passed the CDL skills test and hold a valid CLP.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    Prime states that granting this exemption will result in a level of
safety that is equal to or greater than the level of safety without the
exemption. The practical result of the exemption is that a CLP holder
who has passed a CDL skills test would be able to drive without
complying with Sec.  383.25(a)(1) and begin immediate and productive

on-the-job operation of a CMV on a public road or highway. Anyone who
obtained training and took the CDL skills test near his or her home
could go directly to the licensing agency, collect the CDL, and begin
driving without onboard supervision. It is only when the new driver
completes the training and testing in another State that the trip back
to obtain the CDL from the State of residence becomes problematic.
Allowing CLP holders who have passed the skills test to function as a
team driver on the trip home enables these new operators to continue to
sharpen their driving skills under the mentoring and observation of a
more experienced driver--and they immediately earn an income.
    FMCSA has granted an exemption similar to the Prime request on two
prior occasions. In the September 23, 2016, Federal Register, FMCSA
granted a similar exemption from 49 CFR 383.25(a)(1) to CRST Expedited
(81 FR 65696). In the June 11, 2015, Federal Register, FMCSA also
granted this exemption to C.R. England, Inc. (80 FR 33329). Under the
terms and conditions of both of these exemptions, a CLP holder who has
documentation of passing the CDL skills test may drive a CMV for either
of these companies without being accompanied by a CDL holder in the
front seat of the vehicle. The Agency believed that both of these
requests for exemption would achieve a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.
    A copy of Prime's application for exemption is available for review
in the docket for this notice.

    Issued on: December 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-30633 Filed 12-19-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: December 1, 2009 (Volume 229, Number 74)]
[Notices]
[Page 62847]
[DOCID:fr01de09-139]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday,
December 3, 2009 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c), (3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Casey, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
December 3, 2009 will be: Institution and settlement of injunctive
actions; institution and settlement of administrative proceedings;
adjudicatory matter; and other matters relating to enforcement
proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: November 25, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-28813 Filed 11-27-09; 11:15 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Page 4430]
[FR Doc No: 2017-00608]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79759; File No. SR-NYSEArca-2016-149]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change, as Modified by Amendment No. 1, To Amend NYSE Arca Rule 6.91

January 9, 2017.
    On November 14, 2016, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend NYSE Arca Rule 6.91 to clarify and
provide greater transparency to its rules governing the trading of
Electronic Complex Orders. The proposed rule change was published for
comment in the Federal Register on December 2, 2016.\3\ On December 23,
2016, NYSE Arca filed Amendment No. 1, which supersedes the original
proposal in its entirety. The Commission has received no comments
regarding the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79404 (November 28,
2016), 81 FR 87094.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is January 16, 2017.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider and
take action on the proposed rule change.
    Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act,\5\
the Commission designates March 2, 2017, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-NYSEArca-2016-149).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-00608 Filed 1-12-17; 8:45 am]
BILLING CODE 8011-01-P