[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29921-29922]
[FR Doc No: 2012-12161]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-1399; Airspace Docket No. 11-ASW-14]

Proposed Amendment of Class E Airspace; Kerrville, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Kerrville,
TX. Additional controlled airspace is necessary to accommodate new
Standard Instrument Approach Procedures (SIAP) at Kerrville Municipal
Airport/Louis Schreiner Field. The airport's geographic coordinates
would also be adjusted. The FAA is taking this action to enhance the
safety and management of Instrument Flight Rules (IFR) operations for
SIAPs at the airport

DATES: 0901 UTC. Comments must be received on or before July 5, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2011-1399/Airspace Docket No. 11-
ASW-14, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2011-1399/
Airspace Docket No. 11-ASW-14.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by amending Class E airspace extending upward from
700 feet above the surface to accommodate new standard instrument
approach procedures at Kerrville Municipal Airport/Louis Schreiner
Field, Kerrville, TX. The geographic coordinates of the airport would
also be adjusted to coincide with the FAA's aeronautical database.
Controlled airspace is needed for the safety and management of IFR
operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9V, dated August 9, 2011 and effective September 15, 2011, which
is

incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Kerrville Municipal Airport/
Louis Schreiner Field, Kerrville, TX.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9V, Airspace Designations and Reporting Points, dated August 9,
2011, and effective September 15, 2011, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASW TX E5 Kerrville, TX [Amended]

Kerrville Municipal Airport/Louis Schreiner Field, TX
    (Lat. 29[deg]58'36'' N., long. 99[deg]05'08'' W.)
Shein LOM/NDB
    (Lat. 29[deg]54'54'' N., long. 99[deg]00'29'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.6-mile radius of Kerrville Municipal Airport/Louis
Schreiner Field, and within 2 miles each side of the 310[deg]
bearing from the airport extending from the 7.6-mile radius to 12.3
miles northwest of the airport, and within 2.2 miles each side of
the 131[deg] bearing from the Shein LOM/NDB extending from the 7.6-
mile radius to 11.6 miles southeast of the airport.

    Issued in Fort Worth, TX, on May 10, 2012.
Walter L. Tweedy,
Acting Manager, Acting Manager, Operations Support Group, ATO Central
Service Center.
[FR Doc. 2012-12161 Filed 5-18-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7886-7887]
[FR Doc No: 2016-03003]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2016-2612]

Petition for Authorization To Exceed Mach 1; Summary of Petition
Received; The Boeing Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request for an authorization to exceed Mach 1.

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SUMMARY: This notice summarizes a petition received by the FAA
requesting a special flight authorization as described in FAA
regulations. The FAA is not requesting comments because a special
flight authorization petition to exceed Mach 1 follows a separate
regulatory process.

FOR FURTHER INFORMATION CONTACT: Rebecca Cointin, Office of Environment
and Energy, Noise Division (AEE-100), Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591. Telephone: (202)
267-4770.
    This notice is published pursuant to 14 CFR 91.817.

    Issued in Washington, DC, on February 3, 2016.
Curtis Holsclaw.
Deputy Director, Office of Environment and Energy.

Petition for Authorization To Exceed Mach 1

    Docket No.: FAA-2016-2612.
    Petitioner: The Boeing Company.
    Section of 14 CFR Affected: 91.817, and Appendix B to Part 91.
    Description of Authorization Sought: The requested authorization
seeks to allow the petitioner time-limited and conditional flight
operations that exceed Mach 1 for a specified duration and location.
Title 14 of the Code of Federal Regulations (14 CFR) part 91, Subpart
I--Operating Noise Limits, addresses civil aircraft-generated sonic
boom in Sec.  91.817. An operator must comply with the flight
conditions and limitations designated by the FAA in any authorization
to exceed Mach 1 issued under appendix B to part 91. The petitioner is
requesting that it be allowed to conduct flight test operations of
civil F-15 fighter aircraft over a portion of the Kansas City Air Route
Traffic Control Center (ARTCC) airspace that it has used when it
operated supersonic aircraft in support of U.S. Department of Defense
flights (conducted as public aircraft operations). The region of
operation proposed by the petitioner extends approximately 200 miles
west from St. Louis, Missouri (excluding the airspace within 50
nautical miles of St. Louis airport) and terminates laterally to the
north and south approximately 50 miles inside the Missouri border with
neighboring states. Supersonic flight operations above Mach 1 are
proposed to be limited to 5 minutes in duration and to occur above
37,000 feet altitude. Proposed operations are for one airplane flown
per month, with a total of 8 airplanes to be operated. The petitioner
has requested that operations begin in

early 2016. The FAA is not requesting comments because Appendix B of
Sec.  91.817 contains its own process to submit a special flight
authorization petition to exceed Mach 1 which the FAA will follow.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
any petition or its final disposition.

[FR Doc. 2016-03003 Filed 2-12-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77154-77156]
[FR Doc No: 2012-31247]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68520; File No. SR-NYSEMKT-2012-80]

 Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Exchange
Rule 953NY--Trading Halts and Suspensions

December 21, 2012.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 10, 2012, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 953NY--Trading Halts
and Suspensions. The text of the proposed rule change is available on
the Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 953NY by adopting a
provision governing the nullification of trades that occur while the
options class is subject to a trading halt. This proposal is based on
and substantially similar to Rule 1092(c)(iv)(A) of NASDAQ OMX PHLX,
LLC (``PHLX'').\5\
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    \5\ See Securities Exchange Act Release No. 57712 (April 24,
2008) 73 FR 24100 (May 1, 2008). Approval Order for SR-Phlx-2007-69,
as amended.
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    Specifically, the Exchange proposes to adopt Commentary .04 to Rule
953NY, which provides that any trade that occurs during a trading halt
on the Exchange in a given option shall be nullified.
    Rule 953NY sets forth the circumstances when the Exchange may halt
trading in an options contract or options series. Such trading halts
are applicable to both electronic and open-outcry trading. Pursuant to
Rule 953NY(a), NYSE Amex shall halt or suspend the trading of options
whenever the Exchange deems such action appropriate in the interests of
a fair and orderly market and to protect investors. Among the factors
that may be considered are: (i) The trading in the

underlying stock or Exchange Traded Funds (``ETF'') has been halted or
suspended in the primary market; (ii) the opening of such underlying
stock or ETF in the primary market has been delayed because of unusual
circumstances; (iii) the Exchange has been advised that the issuer of
the underlying stock or ETF is about to make an important announcement
affecting such issuer; or (iv) other unusual conditions or
circumstances are present. In addition, pursuant to Rule 953NY(b), the
Exchange shall halt trading in any equity option (including options
overlying ETFs), when the underlying security is paused.\6\
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    \6\ A trading pause is in an underlying security is triggered
when the price of the security falls or rises 10% or more in a
rolling 5-minute window. Trading pauses are initiated by the primary
market where the stock trades.
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    Notwithstanding a regulatory or non-regulatory trading halt in an
options class, the Exchange recognizes that there could be occurrences
where an aberrant trade might still occur after the Exchange has halted
trading in a given options class. For example, this could happen
because of a temporary systems outage, a communications issue between
the electronic and floor-based markets, or other type of in-flight
messaging scenario where the Exchange's automatic execution system
executed an order, even though the options had been halted prior to the
time of execution. Because the Exchange would have already halted
trading of the option class, either because it was warranted in the
interest of a fair and orderly market and the protection of investors
pursuant to Rule 953NY(a), or required pursuant to Rule 953NY(b)
because the underlying security was paused, the Exchange does not
believe that any trade that takes place after an options class that has
been halted on the Exchange should stand. Proposed Commentary .04 will
require the Exchange to nullify these aberrant trades. The Exchange
notes that executions occurring prior to a trading halt in an options
class but not yet reported to the Exchange, will still be reported for
dissemination to OPRA after the options have halted. Such trades would
not be subject to nullification by the Exchange pursuant to proposed
Commentary .04.
    Under existing rules, the Exchange may only nullify a trade which
occurred during a trading halt if, (i) pursuant to Rule 975NY the trade
qualifies as an Obvious or Catastrophic Error, or (ii) pursuant to Rule
965NY Commentary .01, a Trading Official determines that the execution
of such trade was done in violation of certain Exchange rules governing
open outcry trading.\7\ The addition of proposed Commentary .04 to Rule
953NY will expand the Exchange's authority to nullify trades that may
occur during a trading halt, which the Exchange believes is in keeping
with the maintenance of a fair and orderly market and the protection of
investors.
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    \7\ A trade may also be nullified, without Exchange interaction,
if all parties to the trade agree to the nullification.
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    The Exchange notes that the PHLX Rule 1092(c)(iv) also includes
other provisions related to trading halts and the nullification of
trades. Paragraphs (B)-(C) of the PHLX rule deal with the nullification
of an options trade whenever the underlying security or a certain
percentage of the components of an underlying index have halted,
regardless of whether the options themselves have halted. Exchange
rules do not require that an options class be halted whenever the
underlying security halts, therefore it would be inconsistent to
nullify a trade simply because the underlying security or index
components halted, unless the Exchange had also halted the trading of
options overlying such security or index.\8\ The Exchange only proposes
to nullify a trade in the event the options have been halted by the
Exchange, and therefore is not proposing to adopt PHLX Rule
1092(c)(iv)(B)-(C). Additionally, paragraph (D) of the PHLX rule deals
with Treasury securities. The Exchange does not trade options on
Treasury securities; therefore this provision is not relevant to this
filing.
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    \8\ The Exchange notes that Rule 953NY(a) states that the
Exchange may consider the halting of an underlying security as a
factor to be taken into consideration when deciding whether to halt
trading in the options overlying such security, and generally will
do so and will halt an options class whenever an underlying security
or index halts.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\9\ in general, and
furthers the objectives of Section 6(b)(5),\10\ in particular, in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule changes are consistent
with the Act because permitting the Exchange to nullify trades that
occur during a trading halt helps to ensure that NYSE Amex may continue
to meet its obligation to maintain a fair and orderly market and
protect investors. In particular, the Exchange believes that the
proposal promotes just and equitable principles of trade because it
will ensure that when the Exchange is halted for trading, no trades
that mistakenly were executed during the halt will be permitted to
stand, thereby assuring consistent treatment of orders during a trading
halt. Furthermore, the proposal removes impediments to and perfects the
mechanism of a free and open market and a national market system by
assuring that when trading is halted, no executions may occur and any
aberrant trades are nullified.

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

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

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

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

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

    Because the foregoing proposed rule does not (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change at least five business days prior to the
date of filing of the proposed rule change or such shorter time as
designated by the Commission, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the

public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2012-80 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2012-80. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2012-80 and should
be submitted on or before January 22, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31247 Filed 12-28-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Pages 2763-2766]
[FR Doc No: 2015-00702]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74043; File No. SR-BATS-2015-01]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

January 13, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 2, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
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    \5\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com/, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to modify its fee schedule effective
immediately in order to: (1) Adopt pricing for Retail Orders, as
defined below, on the Exchange, including a new Retail Order Tier; (2)
add Membership Fees; and (3) make certain non-substantive clean-up
changes to the fee schedule.
Retail Order Pricing
    The Exchange recently adopted rules related to the Exchange's
Retail Order Attribution Program.\6\ Under such program, the Exchange
allows Members to designate Retail Orders \7\ that they enter to be
identified as being Retail Orders on the Exchange's proprietary data
feeds. Not all Retail Orders entered by a Member will be identified as
being a Retail Order, but rather a Retail Order will only be displayed
on the Exchange's proprietary data feeds as a Retail Order where the
Member designates that the order be identified as such. There are not
currently any pricing incentives for participation in the Retail Order
Attribution Program.
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    \6\ See Securities Exchange Act Release No. 73237 (September 26,
2014), 79 FR 59537 (October 2, 2014) (SR-BATS-2014-043).
    \7\ As defined in Rule 11.25(a)(2), a ``Retail Order'' is an
agency or riskless principal order that meets the criteria of FINRA
Rule 5320.03 that originates from a natural person and is submitted
to the Exchange by a Retail Member Organization, provided that no
change is made to the terms of the order with respect to price or
side of market and the order does not originate from a trading
algorithm or any other computerized methodology. A Retail Member
Organization or ``RMO'' is a Member (or a division thereof) that has
been approved by the Exchange under Rule 11.25 to submit Retail
Orders.
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    The Exchange proposes to introduce new fee codes ZA and ZR in order
to provide pricing specific to Retail Orders executed on the Exchange.
The Exchange notes that such proposed pricing would apply to all Retail
Orders and that a Retail Order would not need to be attributable in
order to receive the proposed pricing. The Exchange is proposing new
fee code ZA to apply to Retail Orders that add liquidity to the
Exchange. A transaction with fee code ZA is proposed to be assigned a
rebate of $0.0032 per share. The Exchange is also proposing new fee
code ZR to apply to Retail Orders that remove liquidity from the
Exchange. A transaction with fee code ZR and is proposed to be assigned
a charge of $0.0030 per share, which is the same as the standard fee
for removing liquidity from the Exchange. Proposed fee codes ZA and ZR
will only apply to Retail Orders that add or remove liquidity,
respectively, in executions that occur on the Exchange. Where a Retail
Order is routed, executes in an auction, or executes in the Opening or
Re-Opening, the appropriate fee code will apply and proposed fee codes
ZA and ZR will not apply.
    In addition to the proposed standard pricing for Retail Orders
executed on the Exchange, the Exchange is also proposing to add a new
Retail Order Tier. As proposed, the Exchange would offer a rebate of
$0.0034 per share for adding liquidity for a Retail Order executed on
the Exchange where the Member adds an average daily volume of Retail
Orders (fee code ZA), that is 0.07% or more of average daily TCV.\8\
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    \8\ TCV means total consolidated volume calculated as the volume
reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply. The Exchange excludes from its calculation of TCV volume
on any day that the Exchange experiences an Exchange System
Disruption, on any day with a scheduled early market close and the
Russell Reconstitution Day.
---------------------------------------------------------------------------

Membership Fees
    The Exchange is also proposing to charge an Annual Membership Fee
for Members of the Exchange of $2,500, which will support their
Exchange membership for the calendar year. The fee will be charged per
Member firm. Beginning in January 2015, the Exchange plans to charge an
Annual Membership Fee which will be assessed on all Members as of a
date determined by the Exchange in January of each year. For any month
in which a firm is approved for membership with the Exchange after the
January renewal period, the Annual Membership Fee will be pro-rated
beginning on the date on which membership is approved and based on the
number of remaining trading days in that year. The fee will be assessed
in the month following membership approval. For example, if a firm
applies and is accepted for membership with the Exchange on February
15, 2015, the new Member will be assessed a pro-rated Annual Membership
Fee for the period beginning on February 15 through the end of 2015.
The fee will be assessed in the next month's billing cycle, which in
this case, would be March 2015. Such fees will be non-refundable.
However, where a Member is pending a voluntary termination of rights as
a Member pursuant to Rule 2.8 prior to the date any Annual Membership
Fee for a given year will be assessed (i.e., January 1, 2015) and the
Member does not utilize the facilities of the Exchange while such
voluntary termination of rights is pending, then the Member will not be
obligated to pay the Annual Membership Fee. The Exchange believes this
to be appropriate because there is ordinarily a 30 day waiting period
before such resignation shall take effect.
Non-Substantive Changes
    Finally, the Exchange is proposing to make certain non-substantive
clean-up changes to the fee schedule. Footnote 2 relates to Step-Up
Tiers in which displayed orders that add liquidity to the Exchange
receive enhanced rebates where the Member meets certain thresholds
related to a Member's Step-Up Add TCV.\9\ Footnote 2 currently states
that it applies to fee codes B, V, and Y, however footnote 2 does not
currently appear in the Fee Codes and Associated Fees table next to fee
codes V and Y (but does appear next to fee code B). As such, the
Exchange is proposing to add footnote 2 to fee codes V and Y in the Fee
Codes and Associated Fees table in the fee schedule. This is a non-
substantive change to the fee schedule because footnote 2 states that
it applies to each of fee codes B, V, and Y and the Exchange is adding
the footnote to fee codes V and Y in order to make the fee schedule as
consistent as possible to indicate that footnote 2 should apply to
those fee codes.
---------------------------------------------------------------------------

    \9\ Step-Up Add TCV means ADAV as a percentage of TCV in January
2014 subtracted from current ADAV as a percentage of TCV.
---------------------------------------------------------------------------

    The Exchange proposes to implement the amendments to its fee
schedule effective January 2, 2015.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\10\
Specifically, the Exchange believes that the proposed rule change is
consistent with Sections 6(b)(4) of the Act and 6(b)(5) of the Act,\11\
in that it provides for the equitable allocation of reasonable dues,
fees and other charges among members and other persons using any
facility or system which the Exchange operates or controls. The
Exchange

notes that it operates in a highly competitive market in which market
participants can readily direct order flow to competing venues if they
deem fee levels at a particular venue to be excessive.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the new Retail Order rebate and fee code
associated with adding liquidity is reasonable and equitable because it
will incentivize Members to submit orders designated as Retail Orders
to the Exchange which will enhance liquidity in Retail Orders on the
Exchange and further incentivize Members who wish to execute against
Retail Orders to send additional orders to the Exchange. The Exchange
believes that this increased liquidity would potentially stimulate
further price competition for Retail Orders, thereby deepening the
Exchange's liquidity pool in both non-Retail and Retail Orders,
supporting the quality of price discovery, and promoting market
transparency, further rendering the proposal reasonable and equitable.
The Exchange believes that the new Retail Order rebate is non-
discriminatory because it is equally available to all Members that
enter Retail Orders.
    The Exchange believes that the new Retail Order fee code for
removing liquidity is reasonable, equitable, and non-discriminatory
because, as stated above, the fees associated with a Retail Order that
removes liquidity on the Exchange is the same as the standard fee for
removing liquidity for a non-Retail Order. The only difference is that
the Exchange is now providing a more specific fee code in order to make
it easier for Members to understand their monthly invoices, which the
Exchange again believes makes the proposed change reasonable,
equitable, and non-discriminatory.
    The Exchange also believes that its proposed new Retail Order Tier
and associated enhanced rebate are reasonable and equitable because the
tiers based on added Retail Order volume is intended to reward those
Members that and incentivize other Members to add a larger amount of
volume in Retail Orders on the Exchange by providing an additional
$0.0002 per share rebate for Members that have a add an average daily
volume of Retail Orders that is 0.07% or more of average daily TCV.
Further, the Exchange believes that the new Retail Order Tier is
reasonable and equitable because it incentivizes and rewards Members
for posting Retail Orders on the Exchange, which is consistent with the
overall goal of enhancing market quality on the Exchange. The Exchange
also believes that the proposed rebates [sic] associated with the tier
is non-discriminatory in that it is equally available to all Members
and, again, because it is consistent with the goal of enhancing market
quality on the Exchange.
    Volume-based rebates and fees such as the ones proposed by and
maintained on the Exchange, including Step-Up Tiers, the cross-asset
step-up tier, the cross-asset tier and the Retail Order Tier proposed
herein, have been widely adopted in the cash equities markets and are
equitable because they are open to all Members on an equal basis and
provide additional benefits or discounts that are reasonably related to
the value to an exchange's market quality associated with higher levels
of market activity, such as higher levels of liquidity provision and/or
growth patterns, and introduction of higher volumes of orders into the
price and volume discovery processes. The Exchange notes that it is not
proposing to modify any existing tiers, but rather to add a new tier
that will provide Members with additional ways to receive higher
rebates, meaning that under the proposal, a Member will receive either
the same or a higher rebate than they would receive today. Accordingly,
the Exchange believes that the proposed additions to the Exchange's
tiered pricing structure and incentives are not unfairly discriminatory
because they will apply uniformly to all Members and are consistent
with the overall goals of enhancing market quality on the Exchange.
    The Exchange also believes that assessing an Annual Membership Fee
provides an equitable allocation of reasonable dues, fees and other
charges among its Members and other persons using its facilities. The
Exchange makes all services and products subject to these fees
available on a non-discriminatory basis to similarly situated
recipients. The Exchange believes that the Annual Membership Fee is a
reasonable and equitable method of ensuring that its fees fund a
greater portion of the cost of regulating activity on the Exchange, and
that even after assessing these fees, the overall cost of Exchange
membership is reasonable as compared with the costs of membership in
other SROs.\12\ The Exchange believes that the proposed addition of an
Annual Membership Fee is non-discriminatory in that it applies
uniformly to all Members.
---------------------------------------------------------------------------

    \12\ See, e.g., NASDAQ Rule 7001(a) (assessing an [sic] $3,000
annual membership fee); see also New York Stock Exchange Price List
2015, at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Price_List.pdf (assessing a $40,000 annual trading license fee
for the first two licenses held by a member organization).
---------------------------------------------------------------------------

    Finally, the Exchange believes that the clarifying change that adds
the footnote 2 to fee codes V and Y in the Fee Codes and Associated
Fees table is reasonable as it will help to avoid confusion for those
that review the Exchange's fee schedule. The Exchange notes that the
proposed change is not designed to amend any fee or rebate, nor alter
the manner in which it assesses fees or calculates rebates. The
Exchange believes that the proposed amendment is intended to make the
fee schedule clearer and less confusing for investors and eliminate
potential investor confusion, thereby removing impediments to and
perfecting the mechanism of a free and open market and a national
market system, and, in general, protecting investors and the public
interest.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. To
the contrary, the Exchange believes that the proposed changes will
allow the Exchange to compete more ably with other execution venues by
providing more competitive prices for Retail Orders that add liquidity
in securities traded on the Exchange, thereby making it a more
desirable destination venue for its customers. Also, because the market
for order execution is extremely competitive, Members may readily opt
to disfavor the Exchange's routing services if they believe that
alternatives offer them better value.
    The Exchange's proposed membership fees will be lower than the cost
of membership on other exchanges,\13\ and therefore, may stimulate
intramarket competition by attracting additional firms to become
Members on the Exchange. In addition, membership fees are subject to
competition from other exchanges. Accordingly, if the changes proposed
herein are unattractive to market participants, it is likely the
Exchange will see a decline in membership and/or trading activity as a
result. The proposed fee change will not impact intermarket competition
because it will apply to all Members equally. As stated above, the
Exchange notes that it operates in a highly competitive market in which
market participants can readily direct order flow to competing venues
if the deem fee structures,

including Annual Membership Fees, to be unreasonable or excessive.
---------------------------------------------------------------------------

    \13\ See id.
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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) of the Act \14\ and paragraph (f) of Rule 19b-4
thereunder.\15\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2015-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2015-01. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BATS-2015-01, and should be
submitted on or before February 10, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-00702 Filed 1-16-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4303-4305]
[FR Doc No: 2016-01471]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-4852]

Design Considerations and Premarket Submission Recommendations
for Interoperable Medical Devices; Draft Guidance for Industry and Food
and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Design Considerations
and Pre-market Submission Recommendations for Interoperable Medical
Devices''. FDA is issuing this draft guidance to assist industry and
FDA staff in identifying specific considerations related to the ability
of electronic medical devices to safely and effectively exchange and
use exchanged information. This document highlights considerations that
should be included in the development and design of interoperable
medical devices and provides recommendations for the content of
premarket submissions and labeling for such devices. This draft
guidance is not final nor is it in effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment of this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by March 28, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions''.

    Instructions: All submissions received must include the Docket No.
FDA-2015-D-4852 for ``Design Considerations and Pre-market Submission
Recommendations for Interoperable Medical Devices''. Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential''. Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    An electronic copy of the guidance document is available for
download from the Internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Design Considerations and Pre-market Submission Recommendations for
Interoperable Medical Devices'' to the Office of the Center Director,
Guidance and Policy Development, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 5431, Silver Spring, MD 20993-0002; or the Office of
Communication, Outreach, and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request.

FOR FURTHER INFORMATION CONTACT: Heather Agler, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5570, Silver Spring, MD 20993-0002,<PHONE_NUMBER>;
and Stephen Ripley, Center for Biologics Evaluation and Research, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The need and desire to connect medical devices to other products,
technologies, and systems is growing in the health care community. As
electronic medical devices are increasingly connected to each other and
to other technology, the ability of these connected systems to safely
and effectively exchange and use the information that has been
exchanged becomes increasingly important. Advancing the ability of
medical devices to exchange and use information safely and effectively
with other medical devices, as well as other technology, offers the
potential to increase efficiency in patient care.
    FDA intends to promote the development and availability of safe and
effective interoperable medical devices. FDA is issuing this draft
guidance to assist industry and FDA staff in identifying specific
considerations related to the ability of electronic medical devices to
safely and effectively exchange and use exchanged information. This
document highlights considerations that should be included in the
development and design of interoperable medical devices and provides
recommendations for the content of premarket submissions and labeling
for such devices.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Design
Considerations and Pre-market Submission Recommendations for
Interoperable Medical Devices''. It does not establish any rights for
any person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the Internet. A search
capability for all Center for Devices and Radiological Health guidance
documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm or http://www.regulations.gov. Persons unable to download
an electronic copy of ``Design Considerations and Pre-market Submission
Recommendations for Interoperable Medical Devices'' may send an email
request to<EMAIL_ADDRESS>to receive an electronic copy of
the document. Please use the document number 1500015 to identify the
guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 820 have been approved under
OMB control number 0910-0073; the collections of information in 21 CFR
part 812 have been approved under OMB control number 0910-0078; the
collections of information in 21 CFR part 807, subpart E, have been
approved under OMB control number 0910-0120; the collections of
information in 21 CFR part 814, subparts A through E, have been
approved under OMB control number 0910-0231; the collections of
information in 21 CFR part 814, subpart H have been approved under OMB
control number 0910-0332; the collections of information in 21 CFR

part 601 have been approved under OMB control number 0910-0338; and the
collections of information in 21 CFR parts 801 and 809 have been
approved under OMB control number 0910-0485.

    Dated: January 21, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-01471 Filed 1-25-16; 8:45 am]
BILLING CODE 4164-01-P