[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38078-38079]
[FR Doc No: 2021-15184]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 8718-01-R5]

Public Water System Supervision Program Approval for the State of
Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has tentatively approved the State of Wisconsin's
revisions to the State's Public Water System Supervision (PWSS) Program
under the federal Safe Drinking Water Act (SDWA) for adoption of the
federal Ground Water Rule, as well as revisions to the federal Surface
Water Treatment Rule under the Long Term 2 Enhanced Surface Water
Treatment Rule. The EPA has determined that the State's PWSS program
regulations and the revisions thereto are no less stringent than the
corresponding federal regulations for the Ground Water Rule and the
Long Term 2 Enhanced Surface Water Treatment Rule. Therefore, the EPA
intends to approve this revision to the State of Wisconsin's Public
Water System Supervision Program, thereby giving the Wisconsin
Department of Natural Resources primary enforcement responsibility for
the Ground Water Rule and the Long Term 2 Enhanced Surface Water
Treatment Rule. This approval action does not extend to public water
systems in Indian Country. By approving this revision, the EPA does not
intend to affect the rights of federally recognized Indian Tribes in
Wisconsin, nor does it intend to limit existing rights of the State of
Wisconsin.

DATES: Any interested party may request a public hearing on this
determination. A request for a public hearing must be submitted by
August 18, 2021. The EPA Region 5 Administrator may deny frivolous or
insubstantial requests for a hearing. If a substantial request for a
public hearing is made by August 18, 2021, EPA Region 5 will hold a
public hearing, and a notice of such hearing will be published in the
Federal Register and a newspaper of general

circulation. Any request for a public hearing shall include the
following information: The name, address, and telephone number of the
individual, organization, or other entity requesting a hearing; a brief
statement of the requesting person's interest in the Regional
Administrator's determination; a brief statement of the information
that the requesting person intends to submit at such hearing; and the
signature of the individual making the request, or, if the request is
made on behalf of an organization or other entity, the signature of a
responsible official of the organization or other entity.
    If EPA Region 5 does not receive a timely and appropriate request
for a hearing and the Regional Administrator does not elect to hold a
hearing upon her own motion, this determination shall become final and
effective on August 18, 2021 and no further public notice will be
issued.

ADDRESSES: To receive copies of documents related to this
determination, please contact Victoria Heath at<EMAIL_ADDRESS>or<PHONE_NUMBER>. Documents relating to this determination are available
for inspection at the following locations: Wisconsin Department of
Natural Resources, Public Water Supply Section, 101 S Webster St.,
Madison, WI 53707-7921; and the U.S. Environmental Protection Agency
Region 5, Ground Water and Drinking Water Branch (WG-15J), 77 W Jackson
Blvd., Chicago, IL 60604.

FOR FURTHER INFORMATION CONTACT: Victoria Heath, EPA Region 5, Ground
Water and Drinking Water Branch, at the address given above, by
telephone at<PHONE_NUMBER>, or at<EMAIL_ADDRESS>    Authority:
    Section 1413 of the Safe Drinking Water Act, 42 U.S.C. 300g-2, and
the federal regulations implementing Section 1413 of the Act set forth
at 40 CFR part 142.

    Dated: July 13, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-15184 Filed 7-16-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 28, 2006 (Volume 71, Number 249)]
[Notices]
[Page 78173]
[DOCID:fr28de06-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RP00-469-012; RP01-22-014 and RP03-177-009]

East Tennessee Natural Gas, LLC; Notice of Compliance Filing

December 19, 2006.
    Take notice that on December 14, 2006, East Tennessee Natural Gas,
LLC (East Tennessee) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the pro forma tariff sheets listed
in Appendix A of the filing.
    East Tennessee states that the purpose of this filing is to submit
pro forma tariff sheets that establish an enhanced segmentation program
to become effective on October 1, 2007.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Protest Date: 5 p.m. Eastern Time on January 4, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-22213 Filed 12-27-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Notices]
[Page 22123-22125]
[DOCID:fr27ap10-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12632-002]

East Texas Electric Cooperative, Inc.; Notice of Application
Accepted for Filing, Soliciting Motions To Intervene and Protests, and
Other Agency Authorizations

April 20, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License--Existing Dam.
    b. Project No.: P-12632-002.
    c. Date filed: March 31, 2009.
    d. Applicant: East Texas Electric Cooperative, Inc. (Cooperative).
    e. Name of Project: Lake Livingston Hydroelectric Project.
    f. Location: On the Trinity River, in San Jacinto, Polk, Trinity,
and Walker Counties, Texas. The project would not occupy any federal
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Edd Hargett, East Texas Electric Cooperative,
Inc., 2905 Westward Drive, P.O. Box 631623, Nacogdoches, TX 75963;
(936) 560-9532<EMAIL_ADDRESS>    i. FERC Contact: Sarah Florentino at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. The deadline for filing motions to intervene and protests is 60
days from the issuance date of this notice.
    k. This application has been accepted for filing, but is not ready
for

environmental analysis at this time. When the application is ready for
environmental analysis, the Commission will issue a public notice
requesting comments, recommendations, terms and conditions, or
prescriptions.
    l. The proposed project would use the following existing
facilities: (1) The Trinity River Authority's (TRA) existing 14,400-
foot-long (approximate) Lake Livingston dam, which has a crest
elevation of 145.0 feet mean sea level (msl) and consists of (a) a
basic earth embankment section, (b) outlet works, and (c) a spillway;
and (2) the 83,000-acre Lake Livingston, which has a normal water
surface elevation of 131.0 feet msl and gross storage capacity of
1,750,000 acre-feet.
    The proposed project would consist of the following new facilities:
(1) An intake structure and headrace channel approximately 300 feet
long; (2) three steel penstocks, about 12 feet in diameter and 750 feet
in length; (3) a powerhouse containing three generating units, having a
total installed capacity of 24 megawatts; (4) an approximate 1,200-
feet-long tailrace channel; (5) an approximate 2.8-mile-long, 138-
kilovolt transmission line interconnecting the project with Entergy's
existing Rich substation near Goodrich; and (6) an electric switchyard
and other appurtenant facilities. The project would have an estimated
annual generation of 124 gigawatt-hours, which the Cooperative would
sell at wholesale to its constituent electric cooperatives.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov, using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    o. Anyone may submit a protest, or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, .211, .214. In determining the appropriate action to take,
the Commission will consider all protests filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding.
    All filings must: (1) Bear in all capital letters the title
``PROTEST,'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon the representative of the applicant.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    p. Procedural Schedule: The application will be processed according
to the following Hydro Licensing Schedule. Revisions to the schedule
may be made as appropriate.
Issue Notice Soliciting Final Comments, Terms and Conditions, etc. May
2009.
Notice of Availability of the EA November 2010.
    q. Other Agency Authorizations: A Texas Coastal Zone consistency
certification is required for the Lake Livingston Project. The
Cooperative certifies that the project is consistent with the Texas
Coastal Management Program goals and policies and would be conducted in
a manner consistent with said program. In addition, a Texas Commission
on Environmental Quality (Texas CEQ) section 401 Water Quality
Certification is required. As part of its processing of the license
application, the Texas CEQ is reviewing the application under Section
401 of the Clean Water Act (CWA), and in accordance with Title 30,
Texas Administrative Code Section 279.1-13, to determine if the work
would comply with State water quality standards. Based on an
understanding between the Federal Energy Regulatory Commission (FERC)
and the Texas CEQ, this public notice is also issued for the purpose of
advising all known interested persons that there is pending before the
Texas CEQ a decision on the request for section 401 water quality
certification for this FERC license application. Any comments
concerning this certification request may be submitted to the Texas
Commission on Environmental Quality, 401 Coordinator, MSC-150, P.O. Box
13087, Austin, Texas 78711-3087. The public comment period extends 30
days from the date of publication of this notice. A copy of the public
notice with a description of work is made available for review in the
Texas CEQ's Austin office. The complete application may be reviewed at
the address listed in paragraph h. The Texas CEQ may conduct a public
meeting to consider all comments concerning water quality if requested
in writing. A request for a public meeting must contain the following
information: the name, mailing address, application number, or other
recognizable reference to the application, a brief description of the
interest of the requester, or of persons represented by the requester;
and a brief description of how the certification, if

granted, would adversely affect such interest.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-9687 Filed 4-26-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Notices]
[Pages 20409-20410]
[FR Doc No: 2017-08699]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80522; File No. SR-C2-2017-009]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Order Approving a Proposed Rule Change To Amend the Bylaws and
Certificate of Incorporation

April 25, 2017.

I. Introduction

    On February 22, 2017, C2 Options Exchange, Incorporated
(``Exchange'' or ``C2'') 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 its Bylaws \3\ and
Certificate of Incorporation.\4\ The Commission published the proposed
rule change for comment in the Federal Register on March 13, 2017.\5\
The Commission received no comments on the proposal. This order
approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Amended and Restated Bylaws of C2 Options Exchange,
Incorporated (``Bylaws'').
    \4\ See Amended and Restated Certificate of Incorporation of C2
Options Exchange, Incorporated (``Certificate of Incorporation'').
    \5\ See Securities Exchange Act Release No. 80166 (March 7,
2017), 82 FR 13518 (``Notice'').
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II. Description of the Proposed Rule Change

    First, the Exchange proposes to amend its Bylaws relating to the
Board of Directors (``Board'') size range. Currently, Section 3.1 of
the Bylaws provides that the Board shall consist of not less than 12
and not more than 16 directors. The Exchange proposes to change the
Board size range such that the Board shall consist of no less than five
directors. The Exchange also proposes to make conforming changes to its
Certificate of Incorporation by amending subparagraph (b) of Article
Fifth to also provide that the Board shall consist of not less than
five directors and to eliminate the current referenced range of 12 to
16 directors.\6\
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    \6\ Id.
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    Second, the Exchange proposes to eliminate the Exchange-level
Compensation Committee. C2 is proposing to delete Section 4.3 of the
Bylaws, which provides for the C2 Compensation Committee, and to delete
a reference to the C2 Compensation Committee in Section 4.1(a) of the
Bylaws (which lists the required Board committees). C2 also proposes to
eliminate the reference to the C2 Compensation Committee in Section
5.11 of the Bylaws, which provides that officers are entitled to
salaries, compensation or reimbursement as shall be fixed or allowed
from time to time by the Board unless otherwise delegated to the
Board's Compensation Committee or to senior management. The Exchange
justifies eliminating the C2 Compensation Committee because its
functions largely are duplicative of

those of the Compensation Committee of its parent company, CBOE
Holdings.\7\
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    \7\ Id. at 13518-19. The Exchange notes that the composition of
both committees currently are the same. See id. at 13518 n.6.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act,\8\
and the rules and regulations thereunder applicable to a national
securities exchange.\9\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(1) of the Act,\10\
which requires a national securities exchange to be so organized and
have the capacity to carry out the purposes of the Act and to comply,
and to enforce compliance by its members and persons associated with
its members, with the provisions of the Act. The Commission also finds
that the proposed rule change is consistent with Section 6(b)(3) of the
Act,\11\ which requires that the rules of a national securities
exchange assure a fair representation of its members in the selection
of its directors and administration of its affairs and provide that one
or more directors shall be representative of issuers and investors and
not be associated with a member of the exchange, broker, or dealer. The
Commission further finds that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\12\ which requires, among other
things, that a national securities exchange have rules designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \8\ 15 U.S.C. 78f.
    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(1).
    \11\ 15 U.S.C. 78f(b)(3).
    \12\ 15 U.S.C. 78f(b)(5).
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    In particular, the Commission notes that the proposal to require at
least five directors for the Board, rather than a required range of not
less than 12 and not more than 16, is comparable to the board size
requirements stipulated in the bylaws of at least one other exchange,
which was approved by the Commission.\13\ Importantly, the Exchange
represents that it is not proposing to amend any of the compositional
requirements of the Board, including its provision relating to the fair
representation of members, which are set forth in Section 3.2 of the
Bylaws.\14\ The Commission notes that the Exchange represents that,
while the proposal provides the Board with greater flexibility to
determine the size of the Board without amending the Bylaws, it will
continue to allow the Exchange to ensure that the Board is of adequate
size and includes directors with relevant and diverse experience.\15\
The Exchange also notes that it has no current plans to change the size
of its Board outside of the original range of 12-16 directors.\16\
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    \13\ See Securities Exchange Act Release No. 69884 (June 27,
2013), 78 FR 40255 (July 3, 2013) (SR-BYX-2013-013) (providing that
the BATS Y-Exchange board of directors will consist of four or more
directors).
    \14\ See Notice, supra note 5, at 13518.
    \15\ See id. at 13519.
    \16\ See id. at 13518 n.3.
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    With regard to the proposal to eliminate the C2 Compensation
Committee, the Commission notes that this change is comparable to the
governing structures of other exchanges, which the Commission has
previously approved.\17\ As more fully set forth in the Notice, the
Exchange explains that the C2 Compensation Committee's responsibilities
largely are duplicative of those of the corresponding Compensation
Committee of CBOE Holdings, other than to the extent that the C2
Compensation Committee recommends the compensation of executive
officers whose compensation is not already determined by the CBOE
Holdings Compensation Committee.\18\ Accordingly, under the proposed
rule change, such functions now will be performed by the CBOE Holdings
Compensation Committee or as otherwise provided in the Bylaws.\19\ The
Commission notes that the Exchange represents that currently, each of
the executive officers whose compensation would need to be determined
by the Compensation Committee are officers of both C2 and CBOE
Holdings, but should compensation need to be determined in the future
for any C2 officer who is not also a CBOE Holdings officer, the C2
Board or C2 senior management will perform such action without the use
of a compensation committee, as provided for in Section 5.11 of the
Bylaws.\20\ Further, the Commission notes that the C2 Regulatory
Oversight and Compliance Committee (``ROCC'') of the Board will
continue to recommend to the Board the compensation for the Chief
Regulatory Officer and any Deputy Chief Regulatory Officers, and this
process is not be affected by this proposed rule change.
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    \17\ See e.g., Securities Exchange Act Release No. 60276 (July
9, 2009), 74 FR 34840 (July 17, 2009) (SR-NASDAQ-2009-042); see also
Securities Exchange Act Release No. 62304 (June 16, 2010), 75 FR
36136 (June 24, 2010) (SR-NYSEArca-2010-31).
    \18\ See Notice, supra note 5, at 13518-9.
    \19\ Id.
    \20\ See Bylaws Section 5.11 (providing that ``[o]fficers of the
Corporation shall be entitled to such salaries, compensation or
reimbursement as shall be fixed or allowed from time to time by the
Board unless otherwise delegated to the Compensation Committee of
the Board or to members of senior management'').
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    For the reasons noted above, the Commission finds that the proposed
rule change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that the proposed rule change (SR-C2-2017-009) be, and hereby
is, approved.
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    \21\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08699 Filed 4-28-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Rules and Regulations]
[Pages 33098-33100]
[FR Doc No: 2012-13584]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2012-0183]

Hours of Service of Drivers of Commercial Motor Vehicles;
Regulatory Guidance for Oilfield Exception

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

ACTION: Notice of regulatory guidance; request for public comment.

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SUMMARY: FMCSA announces its revision of regulatory guidance to clarify
the applicability of the ``Oilfield operations'' exceptions in 49 CFR
395.1(d) to the ``Hours of Service of Drivers'' regulations, and
requests comments on the revision. The regulatory guidance is being
revised to ensure consistent understanding and application of the
regulatory exceptions.

DATES: This regulatory guidance is effective June 5, 2012. Comments
must be received on or before August 6, 2012.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2012-0183 by any of the following
methods:
     Web site: www.regulations.gov. Follow the instructions for
submitting comments on the Federal electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of
Transportation, Room W-12-140, 1200 New Jersey Avenue SE., Washington,
DC, 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal Holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the ``Public
Participation'' heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please see the ``Privacy Act'' heading below.
    Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov at any time or to the
ground floor, room W12-140, DOT Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on December 29, 2010 (75 FR 82133), or you may visit
www.regulations.gov.
    Public Participation: The www.regulations.gov Web site is generally
available 24 hours each day, 365 days each year. You can obtain
electronic submission and retrieval help and guidelines under the
``help'' section of the www.regulations.gov Web site and also at the
DOT's http://docketsinfo.dot.gov Web site. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard or print the acknowledgement page that
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200

New Jersey Avenue SE., Washington, DC 20590, phone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Legal Basis

    The Motor Carrier Act of 1935 provides that ``The Secretary of
Transportation may prescribe requirements for (1) qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a motor carrier; and (2) qualifications and maximum hours
of service of employees of, and standards of equipment of, a motor
private carrier, when needed to promote safety of operation'' [49
U.S.C. 31502(b)].
    The Motor Carrier Safety Act of 1984 (MCSA) confers on the
Secretary the authority to regulate drivers, motor carriers, and
vehicle equipment. It requires the Secretary to prescribe safety
standards for commercial motor vehicles (CMVs). At a minimum, the
regulations must ensure that (1) CMVs are maintained, equipped, loaded,
and operated safely; (2) the responsibilities imposed on operators of
CMVs do not impair their ability to operate the vehicles safely; (3)
the physical condition of operators of CMVs is adequate to enable them
to operate the vehicles safely and the periodic physical examinations
required of such operators are performed by medical examiners who have
received training in physical and medical examination standards and,
after the national registry maintained by the Department of
Transportation under section 31149(d) is established, are listed on
such registry; and (4) the operation of CMVs does not have a
deleterious effect on the physical condition of the operator [49 U.S.C.
31136(a)]. The Act also grants the Secretary broad power to ``prescribe
recordkeeping and reporting requirements'' and to ``perform other acts
the Secretary considers appropriate'' [49 U.S.C. 31133(a)(8) and (10)].
    The Administrator of FMCSA has been delegated the authority to
carry out the functions vested in the Secretary by the Motor Carrier
Act of 1935 [49 CFR 1.73(l)] and the MCSA [Sec.  1.73(g)]. The
provisions affected by this Notice of Regulatory Guidance are based on
these statutes.

Background

    The Interstate Commerce Commission (ICC), which originally had
jurisdiction over CMV highway safety, first heard requests for an
oilfield exemption when the earliest HOS rules were issued in 1939. The
Commission declined to grant the request, however, stating that ``* * *
important as these considerations are, they do not overcome our primary
duty to prescribe maximum hours which will be reasonably safe'' (Ex
Parte No. MC-2, 11 M.C.C. 206, January 27, 1939).
    In 1962, the ICC revisited the HOS rules. The Commission considered
testimony from oilfield equipment operators in a discussion of
specialized oilfield equipment requiring special training, and approved
a 24-hour restart provision for operators of these vehicles. The record
indicates that this same restart provision was intended to apply to
operators employed exclusively in the transportation of equipment for
use in servicing the well operations. In other words, both descriptive
clauses were intended to apply to the same group of drivers [Ex Parte
No. MC-40 (Sub-No.1), 89 M.C.C. 28, March 29, 1962]. This restart
provision was codified on April 13, 1962 (27 FR 3553) as Sec.
195.3(d), and later recodified as Sec.  395.1(d)(1). Neither the
original nor the recodified text mentioned specially designed vehicles
or specially trained drivers.
    Approximately 5 months following the March 29, 1962, decision to
grant the 24-hour restart, the ICC also granted without any comment the
``waiting time'' exception as it now stands, using the ``specially
constructed'' and ``specially trained'' phrases (27 FR 8119; August 15,
1962). There was no discussion in the notice, but 27 FR 8119 includes a
long list of petitions from industry and equipment manufacturers that
were filed after the March 29 decision. The duties and functions of the
ICC were terminated in December 1995 (see the ICC Termination Act of
1995); the petitions themselves, filed nearly 50 years ago, are not
readily available.
    In the August 15, 1962, Federal Register notice, the oilfield
``waiting time'' exception (referring to specially constructed vehicles
and specially trained drivers) was part of the definition of ``on duty
time'' in (then) 49 CFR 195.2(a)(9). The 24-hour restart exception,
referring to the broader group servicing the oilfield sites, was placed
under the section regarding duty time.
    In a ``technical amendment'' published in the Federal Register as
part of a broader final rule, the 24-hour restart and waiting-time
provisions were merged to become today's Sec.  395.1(d)(1) and (2) [57
FR 33638; July 30, 1992].

Reason for This Notice of Regulatory Guidance

    This notice revises regulatory guidance to clarify which CMV
drivers are subject to the HOS exceptions in 49 CFR 395.1(d),
``Oilfield operations.'' A significant increase in oil and gas drilling
operations in many States has resulted in a major increase in CMV
traffic to move the oilfield equipment, and to transport large
quantities of supplies, such as water and sand, to the sites. The
operators of many of these vehicles have raised questions about the
applicability of Sec.  395.1(d) to them.
    Section 395.1(d) provides two separate exceptions to the HOS rules,
with the two exceptions applying to different operators. Section
395.1(d)(1) states that for drivers of CMVs used exclusively in the
transportation of oilfield equipment, including the stringing and
picking up of pipe used in pipelines, and servicing of the field
operations of the natural gas and oil industry, any period of 8
consecutive days may end with the beginning of any off-duty period of
24 or more successive hours. This is commonly referred to as a ``24-
hour restart'' of the 70 hours in 8 days total on-duty time limit in
Sec.  395.3(b).
    Section 395.1(d)(2) states, in part, that in the case of specially
trained drivers of CMVs that are specially constructed to service oil
wells, ``on-duty time shall not include waiting time at a natural gas
or oil well site.'' Under the definition of ``On duty time'' in Sec.
395.2, drivers who are standing by at an oil well site until their
services are needed would normally be considered on-duty, thereby
constraining the hours that they would have available to legally drive
a CMV within the HOS-rule limits. This exception is often referred to
as the ``oilfield waiting time'' provision.

Request for Comments

    Refer to the ADDRESSES section above for instructions on submitting
comments to the public docket concerning this regulatory guidance. The
FMCSA will consider comments received by the closing date of the
comment period to determine whether any further clarification of these
regulatory provisions is necessary.
    For the reasons explained above, FMCSA revises Regulatory Guidance,
Questions 6 and 8 to 49 CFR 395.1 (62 FR 16420, April 4, 1997) as
follows:

PART 395--HOURS OF SERVICE OF DRIVERS

Section 395.1(d), ``Oilfield operations.''

    ``Question 6: What does ``servicing'' of the field operations of
the natural gas and oil industry cover?
    Guidance: The ``24-hour restart'' provision of Sec.  395.1(d)(1) is
available to drivers of the broad range of commercial motor vehicles
(CMVs) that are being used for direct support of the operation

of oil and gas well sites, to include transporting equipment and
supplies (including water) to the site and waste or product away from
the site, and moving equipment to, from, or between oil and gas well
sites. These CMVs do not have to be specially designed for well site
use, nor do the drivers require any special training other than in
operating the CMV.
    Question 8: What kinds of oilfield equipment may drivers operate
while taking advantage of the special ``waiting time'' rule in Sec.
395.1(d)(2)?
    Guidance: The ``waiting time'' provision in Sec.  395.1(d)(2) is
available only to operators of those commercial motor vehicles (CMVs)
that are (1) specially constructed for use at oil and gas well sites,
and (2) for which the operators require extensive training in the
operation of the complex equipment, in addition to driving the vehicle.
In many instances, the operators spend little time driving these CMVs
because ``leased drivers'' from driveaway services are brought in to
move the heavy equipment from one site to another. These operators
typically may have long waiting periods at well sites, with few or no
functions to perform until their services are needed at an
unpredictable point in the drilling process. Because they are not free
to leave the site and may be responsible for the equipment, they would
normally be considered ``on duty'' under the definition of that term in
Sec.  395.2. Recognizing that these operators, their employers, and the
well-site managers do not have the ability to readily schedule or
control these driver's periods of inactivity, Sec.  395.1(d)(2)
provides that the ``waiting time'' shall not be considered on-duty
(i.e., it is off-duty time). During this ``waiting time,'' the
operators may not perform any work-related activity. To do so would
place them on duty.
    Examples of equipment that may qualify the operator/driver for the
``waiting time exception'' in Sec.  395.1(d)(2) are vehicles commonly
known in oilfield operations as heavy-coil vehicles, missile trailers,
nitrogen pumps, wire-line trucks, sand storage trailers, cement pumps,
``frac'' pumps, blenders, hydration pumps, and separators. This list
should only be considered examples and not all-inclusive. Individual
equipment must be evaluated against the criteria stated above: (1)
Specially constructed for use at oil and gas well sites, and (2) for
which the operators require extensive training in the operation of the
complex equipment, in addition to driving the vehicle infrequently.
    Operators of CMVs that are used to transport supplies, equipment,
and materials such as sand and water to and from the well sites do not
qualify for the ``waiting time exception'' even if there have been some
modifications to the vehicle to transport, load, or unload the
materials, and the driver required some minimal additional training in
the operation of the vehicle, such as running pumps or controlling the
unloading and loading processes. It is recognized that these operators
may encounter delays caused by logistical or operational situations,
just as other motor carriers experience delays at shipping and
receiving facilities. Other methods may be used to mitigate these types
of delays, which are not the same types of waiting periods experienced
by the CMV operators who do qualify for the waiting time exception.''

    Issued on: May 30, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-13584 Filed 6-1-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 6042-6046]
[FR Doc No: 2018-02703]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0008]

Assistance to Firefighters Grant Program

AGENCY: Federal Emergency Management Agency (FEMA), Department of
Homeland Security (DHS).

ACTION: Notice of availability of grant application and application
deadline.

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SUMMARY: Pursuant to the Federal Fire Prevention and Control Act of
1974, as amended, the Administrator of FEMA is publishing this notice
describing the Fiscal Year (FY) 2017 Assistance to Firefighters Grant
(AFG) Program application process, deadlines, and award selection
criteria. This notice explains the differences, if any, between these
guidelines and those recommended by representatives of the national
fire service leadership during the annual meeting of the Criteria
Development Panel, which was held February 27, 2017. The application
period for the FY 2017 AFG Program was December 26, 2017, through
February 2, 2018, and was announced on the AFG website at www.fema.gov/firegrants, as well as at www.grants.gov.

DATES: Grant applications for the Assistance to Firefighters Grant
Program were accepted electronically at https://portal.fema.gov, from
December 26, 2017, through February 2, 2018, at 5:00 p.m. Eastern
Standard Time.

ADDRESSES: Assistance to Firefighters Grant Branch, DHS/FEMA, 400 C
Street SW, 3N, Washington, DC 20472-3635.

FOR FURTHER INFORMATION CONTACT: Catherine Patterson, Branch Chief,
Assistance to Firefighters Grant Branch, 1-866-274-0960.

SUPPLEMENTARY INFORMATION: The AFG Program awards grants directly to
fire departments, nonaffiliated emergency medical services (EMS)
organizations, and State fire training academies (SFTAs) for the
purpose of enhancing the health and safety of first responders and
improving their abilities to protect the public from fire and fire-
related hazards.
    Applications for the FY 2017 AFG Program will be submitted and
processed online at https://portal.fema.gov. Before the application
period starts, the FY 2017 AFG Notice of Funding Opportunity (NOFO) was
published on the AFG website. The AFG website provides additional
information and materials useful to applicants including Frequently
Asked Questions, a Get Ready Guide, and a Quick Reference Guide. Based
on past AFG application periods, FEMA anticipates the receipt of 10,000
to 15,000 applications for the FY 2017 AFG Program, and the ability to
award approximately 2,500 grants.

Congressional Appropriations

    For the FY 2017 AFG Program, Congress appropriated $345,000,000
(Department of Homeland Security Appropriations Act, 2017, Pub. L. 115-
31). From this amount, $310,500,000 will be made available for AFG
awards. In addition, the Federal Fire Prevention and Control Act of
1974, as amended (15 U.S.C. 2229), requires that a minimum of 10
percent of available funds be expended for Fire Prevention and Safety
Grants (FP&S). FP&S awards will be made directly to local fire
departments and to local, regional, State, or national entities
recognized for their expertise in the fields of fire prevention and
firefighter safety research and development. Funds appropriated for FY
2017 will be available for obligation and award until September 30,
2018.
    The Federal Fire Prevention and Control Act of 1974 further directs
FEMA to administer these appropriations according to the following
requirements:
     Career fire department: Not less than 25 percent of
available grant funds.
     Volunteer fire department: Not less than 25 percent of
available grant funds.
     Combination fire department and departments using paid-on-
call firefighting personnel: Not less than 25 percent of available
grant funds.
     Open Competition (career, volunteer, and/or combination
fire departments and departments using paid-on-call firefighting
personnel): Not less than 10 percent of available grant funds awarded.
     Emergency Medical Services Providers including fire
departments and nonaffiliated EMS organizations: Not less than 3.5
percent of available grants funds awarded, with nonaffiliated EMS
providers receiving no more than 2 percent of the total available grant
funds.
     State Fire Training Academies: Not more than 3 percent of
available grant funds shall be collectively awarded to State fire
training academy applicants, with a maximum of $500,000 per applicant.
     Vehicles: Not more than 25 percent of available grant
funds may be used for the purchase of vehicles; 10 percent of those
vehicle funds will be dedicated to the funding of ambulances. Vehicle
funds will be distributed as equally as possible among urban, suburban,
and rural community applicants.
     Micro Grants: This is a voluntary funding limitation
choice made by the applicant for requests submitted within the
Operations and Safety activity; it is not an additional funding
opportunity. Micro Grants are awards that have a federal participation
(share) that does not exceed $25,000. Only fire departments and
nonaffiliated EMS organizations are eligible to choose Micro Grants,
and the only eligible Micro Grants requests are for Training,
Equipment, Personal Protective Equipment (PPE), and Wellness and
Fitness activities. Applicants that select Micro Grants as a funding
opportunity may receive additional consideration for

award. If an applicant selects Micro Grants in their application, they
will be limited in the total amount of funding their organization can
be awarded; if they are requesting funding in excess of $25,000 federal
participation, they should not select Micro Grants.

Background of the AFG Program

    Since 2001, AFG has helped firefighters and other first responders
to obtain critically needed equipment, protective gear, emergency
vehicles, training, and other resources needed to protect the public
and emergency personnel from fire and related hazards. FEMA awards
grants on a competitive basis to the applicants that best address the
AFG Program's priorities and provide the most compelling justification.
Applications that best address AFG priorities, as identified in the
Application Evaluation Criteria, will be reviewed by a panel composed
of fire service personnel.
    AFG has three program activities:

 Operations and Safety
 Vehicle Acquisition
 Regional Projects

    The priorities for each activity are fully outlined in the NOFO.

Application Evaluation Criteria

    Prior to making a grant award, FEMA is required by 31 U.S.C. 3321,
and 41 U.S.C. 2313 to review information available through any Office
of Management and Budget (OMB) designated repositories of government-
wide eligibility qualification or financial integrity information.
Therefore, application evaluation criteria may include the following
risk based considerations of the applicant: (1) Financial stability;
(2) quality of management systems and ability to meet management
standards; (3) history of performance in managing federal awards; (4)
reports and findings from audits; and (5) ability to effectively
implement statutory, regulatory, or other requirements.
    FEMA will rank all complete and submitted applications based on how
well they match program priorities for the type of jurisdiction(s)
served. Answers to activity specific questions provide information used
to determine each application's ranking relative to the stated program
priorities.
    Funding priorities and criteria for evaluating AFG applications are
established by FEMA based on the recommendations from the Criteria
Development Panel (CDP). CDP is comprised of fire service professionals
that make recommendations to FEMA regarding the creation of new, or the
modification of, previously established funding priorities, as well as
developing criteria for awarding grants. The content of the NOFO
reflects implementation of CDP's recommendations with respect to the
priorities and evaluation criteria for awards.
    The nine major fire service organizations represented on the CDP
are:

 International Association of Fire Chiefs
 International Association of Fire Fighters
 National Volunteer Fire Council
 National Fire Protection Association
 National Association of State Fire Marshals
 International Association of Arson Investigators
 International Society of Fire Service Instructors
 North American Fire Training Directors
 Congressional Fire Service Institute

Review and Selection Process

    AFG applications are reviewed through a multi-phase process. All
applications are electronically pre-scored and ranked based on how well
they align with the funding priorities outlined in this notice.
Applications with the highest pre-score rankings are then scored
competitively by (no less than three) members of the Peer Panel Review
process. Applications will also be evaluated through a series of
internal FEMA review processes for completeness, adherence to
programmatic guidelines, technical feasibility, and anticipated
effectiveness of the proposed project(s). Below is the process by which
applications will be reviewed:

1. Pre-Scoring Process

    The application undergoes an electronic pre-scoring process based
on established program priorities listed within the NOFO and answers to
activity specific questions within the online application. Application
narratives are not reviewed during pre-scoring. Request details and
budget information should comply with program guidance and statutory
funding limitations. The pre-score is 50 percent of the total
application score.

2. Peer Review Panel Process

    Applications with the highest pre-score will undergo peer review.
The peer review is comprised of fire service representatives
recommended by CDP national organizations. The panelists assess the
merits of each application based on the narrative section of the
application, including the evaluation elements listed in the Narrative
Evaluation Criteria below. Panelists will independently score each
project within the application, discuss the merits and/or shortcomings
of the application with his or her peers, and document the findings. A
consensus is not required. The panel score is 50 percent of the total
application score.

Narrative Evaluation Criteria

1. Financial Need (25 Percent)

    Applicants should describe their financial need and how consistent
it is with the intent of the AFG Program. This statement should include
details describing the applicant's financial distress, summarized
budget constraints, unsuccessful attempts to secure other funding, and
proof that their financial distress is out of their control.

2. Project Description and Budget (25 Percent)

    This statement should clearly explain the applicant's project
objectives and the relationship between those objectives and the
applicant's budget and risk analysis. The applicant should describe the
activities, including program priorities or facility modifications,
ensuring consistency with project objectives, the applicant's mission,
and any national, State, and/or local requirements. Applicants should
link the proposed expenses to operations and safety, as well as the
completion of the project goals.

3. Operations and Safety/Cost Benefit (25 Percent)

    Applicants should describe how they plan to address the operations
and personal safety needs of their organization, including cost
effectiveness and sharing assets. This statement should also include
details about gaining the maximum benefits from grant funding by citing
reasonable or required costs, such as specific overhead and
administrative costs. The applicant's request should also be consistent
with their mission and identify how funding will benefit their
organization and personnel.

4. Statement of Effect/Impact on Daily Operations (25 Percent)

    This statement should explain how these funds will enhance the
organization's overall effectiveness. It should address how an award
will improve daily operations and reduce the organization's risks.
Applicants should include how frequently the requested items will be
used, and in what capacity. Applicants should also indicate how the
requested items will

help the community and increase the organization's ability to save
additional lives or property.

5. Technical Evaluation Process

    The highest ranked applications are considered within the fundable
range. Applications that are in the fundable range undergo both a
technical review by a subject matter expert, as well as a FEMA AFG
Branch review prior to being recommended for an award. The FEMA AFG
Branch will assess the request with respect to costs, quantities,
feasibility, eligibility, and recipient responsibility prior to
recommending an application for award. Once the technical evaluation
process is complete, the cumulative score for each application will be
determined and FEMA will generate a final ranking of applications. FEMA
will award grants based on this final ranking and the required funding
limitations in statute.

Eligible Applicants

    Fire Departments: Fire departments operating in any of the 56
States and territories (which include any State of the United States,
the District of Columbia, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
Guam, or American Samoa) and federally recognized American Indian and
Alaska native tribes, or any tribal organization, are eligible grant
applicants.
    A fire department is an agency or organization having a formally
recognized arrangement with a State, territory, local, or tribal
authority (city, county, parish, fire district, township, town, or
other governing body) to provide fire suppression to a population
within a geographically fixed primary first due response area.
    Nonaffiliated EMS organizations: Nonaffiliated EMS organizations
operating in any of the 56 States and territories (which include any
State of the United States, the District of Columbia, the Commonwealth
of the Northern Mariana Islands, the U.S. Virgin Islands, Guam,
American Samoa, the Commonwealth of Puerto Rico) and any federally
recognized Indian tribe or tribal organization are eligible applicants.
    A nonaffiliated EMS organization is an agency or organization that
is a public or private nonprofit emergency medical services entity
providing medical transport that is not affiliated with a hospital and
does not serve a geographic area in which emergency medical services
are adequately provided by a fire department.
    FEMA considers the following as hospitals under the AFG Program:

 Clinics
 Medical centers
 Medical colleges or universities
 Infirmaries
 Surgery centers
 Any other institutions, associations, or foundations providing
medical, surgical, or psychiatric care and/or treatment for the sick or
injured.

    State Fire Training Academies: A SFTA operating in any of the 56
States (which includes any State of the United States, the District of
Columbia, the Commonwealth of the Northern Mariana Islands, the U.S.
Virgin Islands, Guam, American Samoa, and the Commonwealth of Puerto
Rico) are eligible applicants. Applicants must be designated either by
legislation or by a Governor's declaration as the sole State fire
service training agency within a State. To be eligible, the designated
SFTA shall be the only State agency/bureau/division, or entity within
that State.

Ineligibility

     To avoid a duplication of benefits, FEMA reserves the
right to review all program areas for grant applications where two or
more organizations share a single facility. To be eligible as a
separate organization, two or more fire departments or nonaffiliated
EMS organizations will have different funding streams, personnel
rosters, or Employee Identification Numbers (EINs). If two or more
organizations share facilities and each submits an application in the
same program area (i.e. Equipment, Modify Facilities, Personal
Protective Equipment, Training, and Wellness and Fitness Programs) FEMA
will carefully review each program for eligibility.
     Fire-based EMS organizations are not eligible to apply as
nonaffiliated EMS organizations. Fire-based EMS training and equipment
must be requested by a fire department under the AFG component program
Operations and Safety.
     Eligible applicants may submit only one application for
each activity (e.g., Operations and Safety or Regional), but may submit
for multiple projects within each activity. Under the Vehicle Activity,
applicants may submit one application for vehicles for their department
and one separate application to host a Regional vehicle. Duplicate
applications (more than one application in the same activity) may be
disqualified.
     An Operations and Safety applicant may submit one
application for an eligible project (i.e., turn out gear); it may not
submit a Regional application for the same project.

Statutory Limits to Funding

    Congress has enacted statutory limits to the amount of funding that
a grant recipient may receive from the AFG Program in any single fiscal
year (15 U.S.C. 2229(c)(2)) based on the population served. Awards will
be limited based on the size of the population protected by the
applicant, as indicated below. Notwithstanding the annual limits stated
below, the FEMA Administrator may not award a grant in an amount that
exceeds one percent of the available grants funds in such fiscal year,
except where it is determined that such recipient has an extraordinary
need for a grant in an amount that exceeds the one percent aggregate
limit.
     In the case of a recipient that serves a jurisdiction with
100,000 people or fewer, the amount of available grant funds awarded to
such recipient shall not exceed $1 million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with
more than 100,000 people, but not more than 500,000 people, the amount
of available grant funds awarded to such recipient shall not exceed $2
million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with
more than 500,000, but not more than 1 million people, the amount of
available grant funds awarded to such recipient shall not exceed $3
million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with
more than 1 million people but not more than 2,500,000 people, the
amount of available grant funds awarded to such recipient shall not
exceed $6 million for any fiscal year, but is subject to the one
percent aggregate cap of $3,450,000 for FY 2017.
     In the case of a recipient that serves a jurisdiction with
more than 2,500,000 people, the amount of available grant funds awarded
to such recipient shall not exceed $9 million in any fiscal year, but
is subject to the one percent aggregate cap of $3,450,000 for FY 2017.
     FEMA may not waive the caps on the maximum amount of
available grant funds awarded based upon population.
    The cumulative total of the federal share of awards in Operations
and Safety, Regional, and Vehicle Acquisition activities will be
considered when assessing award amounts and any limitations thereto.
Applicants may request funding up to the statutory limit on each of
their applications.
    For example, an applicant that serves a jurisdiction with more than
100,000 people, but not more than 500,000 people, may request up to $2
million on

their Operations and Safety Application, and up to $2 million on their
Vehicle Acquisition request. However, should both grants be awarded,
the applicant would have to choose which award to accept if the
cumulative value of both applications exceeds the statutory limits.

Cost Sharing and Maintenance of Effort

    Grant recipients must share in the costs of the projects funded
under this grant program as required by 15 U.S.C. 2229 (k)(1) and in
accordance with applicable federal regulations at 2 CFR part 200, but
they are not required to have the cost-share at the time of application
nor at the time of award. However, before a grant is awarded, FEMA will
contact potential awardees to determine whether the grant recipient has
the funding in hand or if the grant recipient has a viable plan to
obtain the funding necessary to fulfill the cost-sharing requirement.
    In general, an eligible applicant seeking a grant shall agree to
make available non-federal funds equal to not less than 15 percent of
the grant awarded. However, the cost share will vary as follows based
on the size of the population served by the organization:
     Applicants serving areas with populations above 20,000,
but not more than 1 million, shall agree to make available non-federal
funds equal to not less than 10 percent of the total project cost.
     Applicants that serve populations of 20,000 or less must
match the federal grant funds with an amount of non-federal funds equal
to 5 percent of the total project cost.
    The cost share for SFTAs and joint/regional projects will be based
on the population of the entire State or region, respectively, not the
population of the host organization.
    On a case-by-case basis, FEMA may allow a grant recipient that may
already own assets (equipment or vehicles) to use the trade-in
allowance/credit value of those assets as ``cash'' for the purpose of
meeting the cost-share obligation of their AFG award. In-kind, cost-
share matches are not allowed.
    Grant recipients under this grant program must also agree to a
maintenance of effort requirement as required by 15 U.S.C. 2229 (k)(3)
(referred to as a ``maintenance of expenditure'' requirement in that
statute). A grant recipient shall agree to maintain during the term of
the grant the applicant's aggregate expenditures relating to the
activities allowable under the NOFO at not less than 80 percent of the
average amount of such expenditures in the two fiscal years preceding
the fiscal year in which the grant amounts are received.
    In cases of demonstrated economic hardship, and on the application
of the grant recipient, the Administrator of FEMA may waive or reduce a
grant recipient's cost share requirement or maintenance of expenditure
requirement. As required by statute, the Administrator of FEMA will
establish guidelines for determining what constitutes economic hardship
and will publish these guidelines at FEMA's website www.fema.gov/grants.
    Prior to the start of the FY 2017 AFG application period, FEMA
conducted applicant workshops and/or internet webinars to inform
potential applicants about the AFG Program. In addition, FEMA provided
applicants with information at the AFG website www.fema.gov/firegrants
to help them prepare quality grant applications. The AFG Help Desk was
staffed throughout the application period to assist applicants with the
automated application process as well as assistance with any questions
they had.
    Applicants can reach the AFG Help Desk through a toll-free
telephone number during normal business hours (1-866-274-0960) or
electronic mail [email protected].

Application Process

    Organizations may submit one application per application period in
each of the three AFG Program areas (e.g., one application for
Operations and Safety, one for Vehicle Acquisition, and/or a separate
application to be a Joint/Regional Project host). If an organization
submits more than one application for any single AFG Program area
(e.g., two applications for Operations and Safety, two for Vehicles,
etc.), either intentionally or unintentionally, FEMA will deem all
applications submitted by that organization for the particular program
to be ineligible for funding.
    Applicants accessed the grant application electronically at https://portal.fema.gov. The application was also accessible from the U.S.
Fire Administration's website http://www.usfa.fema.gov and http://www.grants.gov. New applicants must register and establish a user name
and password for secure access to the grant application. Previous AFG
grant applicants must use their previously established user name and
passwords.
    Applicants answered questions about their grant request that
reflect the AFG funding priorities, described below. In addition, each
applicant must complete four separate narratives for each project or
grant activity requested. Grant applicants will also provide relevant
information about their organization's characteristics, call volume,
and existing organizational capabilities.

System for Award Management (SAM)

    Per 2 CFR 25.200, all federal grant applicants and recipients must
register in https://SAM.gov. SAM is the Federal Government's System for
Awards Management, and registration is free of charge. Applicants must
maintain current information in SAM that is consistent with the data
provided in their AFG grant application and in the Dun & Bradstreet
(DUNS) database. FEMA may not accept any application, process any
awards, and consider any payment or amendment requests, unless the
applicant or grant recipient has complied with the requirements to
provide a valid DUNS number and an active SAM registration. The grant
applicant's banking information, EIN, organization/entity name,
address, and DUNS number must match the same information provided in
SAM.

Criteria Development Panel (CDP) Recommendations

    If there are any differences between the published AFG guidelines
and the recommendations made by the CDP, FEMA must explain them and
publish the information in the Federal Register prior to awarding any
grant under the AFG Program. For FY 2017, FEMA accepted, and will
implement, all of the CDP's recommendations for the prioritization of
eligible activities.

Adopted Recommendations for FY 2017

Equipment/Personal Protection Equipment

    The FY 2017 NOFO revises and, in some places changes, the
priorities for applications submitted for equipment and PPE
acquisitions under the Operations and Safety Activity. Under these
changes, the FY 2017 NOFO and application now include questions
designed to solicit pertinent information from the applicant with
regard to the purpose of the request. The criteria are designed to be
easier to understand and will assist FEMA in obtaining the necessary
information to assess the application request. The numerical scores for
each activity line item requested are based on objective criteria in
order to reduce the subjectivity of the category itself. The following
changes for 2017 are as follows:

 The purposes for applicant's request to acquire equipment have
been revised. These new purposes for FY 2017 are ranked by priority as
follows:
     Obtain equipment to achieve

minimum operational and deployment standards for existing missions
(high),
     Replace inoperable/broken/damaged to current standard
(high),
     Replace obsolete/non-compliant to upgraded technology
(medium),
     Increase supply for minimum service requirement due to
community growth (low),
     Obtain equipment for new mission (low).
 The purposes for an applicant's request to acquire personal
protective gear have been revised. These new purposes for FY 2017 are
ranked by priority as follows:
     Replace damaged broken inoperable equipment to current
standard (high),
     Replace obsolete/non-compliant to upgrade technology
(medium),
     Increase supply for new hires and/or existing firefighters
that do not have one set of turnout gear (PPE) or allocated seated
positions (high).
 Call volume is a consideration, but only between like
departments, i.e. career, combination, and/or volunteer. Additional
consideration for call volume can contribute to the justification of a
new risk and/or the primary first due response area or region.
 Age of equipment terminology changed from ``medium'' to
``intermediate.'' This was done to avoid confusion within similar name
in other parts of the NOFO, i.e. (Medium) priority.
 Vehicle mounted exhaust systems are now listed under the
equipment activity.
 Fire departments and SFTA will have separate lists of
allowable equipment that each type of entity may apply for and acquire
with AFG funds.
 The following items are now considered a ``medium'' priority
for fire department applicants: Props, simulators, mobile data
terminals (MDT), and computers used in training and mobile computing
devices used on scene.
 EMS training aids with an age category of ``short'' (5-7 year
life expectancy) are now eligible expense for FY 2017 (i.e., CPR
mannequins, airway training equipment, IVs, etc.).
 Monitoring and sampling devices are now categorized as
``Sampling Devices.'' This was done to avoid confusion within similar
specialized monitoring devices, for use in ``medium'' and ``low''
priorities.
 Tow vehicles are now listed under a separate chart in the
equipment section to clarify the priority levels between application
types, i.e. fire department and SFTA.
 Nozzles, appliances, foam inductors are all high priorities
and listed in one category. These items were combined and defined with
an age category of ``long.''

Wellness and Fitness Micro Grants

 Wellness and Fitness activities are now eligible when applying
for a Micro Grant.
 Cancer screening is now available under the Wellness & Fitness
activity.
 All NFPA 1583 training has been moved to Wellness & Fitness.
This request was previously requested under ``Training.''

Vehicles

 Quint apparatus has been added as a high priority in the
Vehicle Acquisition activity.

    Authority: 15 U.S.C. 2229.

    Dated: February 5, 2018.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-02703 Filed 2-9-18; 8:45 am]
 BILLING CODE 9111-64-P


[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50343-50344]
[FR Doc No: 2021-19473]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0631; FRL-8973-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Hot Mix Asphalt Facilities
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Hot Mix Asphalt
Facilities (EPA ICR Number 1127.13, OMB Control Number 2060-0083), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through December 31,
2021. Public comments were previously requested, via the Federal
Register, on February 8, 2021 during a 60-day comment period. This
notice allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before October 8,
2021.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2020-0631 online using www.regulations.gov (our preferred method)
or by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
telephone number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Hot Mix
Asphalt Facilities (40 CFR part 60, subpart I) apply to hot mix asphalt
facilities comprised only of a combination of the following: Dryers;
systems for screening, handling, storing, and weighing hot aggregate;
systems for loading, transferring, and storing mineral filler; systems
for mixing hot mix asphalt; and the loading, transfer, and storage
systems associated with emission control systems. In general, all NSPS
standards require initial notifications, performance tests, and
periodic reports by the owners/operators of the affected facilities.
They are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. These notifications, reports, and records are essential
in determining compliance, and are required of all affected facilities
subject to NSPS.
    Form Numbers: None.
    Respondents/affected entities: Hot mix asphalt facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart I).
    Estimated number of respondents: 828 (total).
    Frequency of response: Initially and occasionally.
    Total estimated burden: 4,120 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $488,000 (per year), which includes $0 in
annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: There is a decrease in the total
estimated burden as currently identified in the OMB Inventory of
Approved Burdens. This decrease is not due to any program changes. The
decrease in burden from the most-recently approved ICR is due to a
decrease in the number of sources. This ICR reflects a decrease in the
number of respondents and additional respondents that the Agency
anticipates will become subject to these standards or modify existing
facilities. The estimates in the current approved ICR were based on
estimates collected in 2008 and adjusted for growth over time. This ICR
adjusts the number of respondents based on a review of facilities
identified in EPA's Enforcement and Compliance History Online (ECHO)
database, assuming a similar rate of growth and modification of
existing facilities (about two and three percent, respectively). EPA's
ECHO database is the most-recent source of facility information
available for hot mix asphalt facilities and should reflect a more
accurate estimate of existing facilities. We have assumed a similar
rate of growth and modification of existing facilities due to
anticipated continuous demand within the asphalt mixing industry. This
ICR also corrects an error from the most-recently approved ICR by
accounting for the burden for responses for notifications of
performance tests for respondents required to conduct a repeat
performance test. The overall result is a decrease in burden.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-19473 Filed 9-7-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Notices]
[Pages 22419-22420]
[FR Doc No: 2020-08449]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2331-073.
    Applicants: J.P. Morgan Ventures Energy Corporation.
    Description: Notice of Change in Status of the J.P. Morgan Ventures
Energy Corporation.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5145.
    Comments Due: 5 p.m. ET 5/6/20.

    Docket Numbers: ER20-1106-001.
    Applicants: Missisquoi, LLC.
    Description: Tariff Amendment: Missisquoi Change In Status--Revised
to be effective 2/28/2020.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5068.
    Comments Due: 5 p.m. ET 5/6/20.

    Docket Numbers: ER20-1567-000.
    Applicants: ISO New England Inc.
    Description: Compliance filing: ISO New England Inc.; Compliance
Filing of Energy Security Improvements to be effective 11/1/2020.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5058.
    Comments Due: 5 p.m. ET 5/6/20.

    Docket Numbers: ER20-1568-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF 2020 Annual Update of
Real Power Loss Factors to be effective 5/1/2020.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5060.
    Comments Due: 5 p.m. ET 5/6/20.

    Docket Numbers: ER20-1569-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Concurrence IPL Amended
Exhibits and Attachments (2020) to be effective 6/15/2020.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5061.
    Comments Due: 5 p.m. ET 5/6/20.

    Docket Numbers: ER20-1570-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-El Algodon Alto Wind
Farm Interconnection Agreement to be effective 4/2/2020.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5077.
    Comments Due: 5 p.m. ET 5/6/20.

    Docket Numbers: ER20-1571-000.
    Applicants: Entergy Arkansas, LLC.
    Description: Sec.  205(d) Rate Filing: EAL-Chicot Solar, LLC, LBA
Agreement to be effective 6/14/2020.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5135.
    Comments Due: 5 p.m. ET 5/6/20.

    Docket Numbers: ER20-1572-000.
    Applicants: Turquoise Nevada LLC.
    Description: Sec.  205(d) Rate Filing: Turquoise Nevada LLC First
Amendment to Shared Facilities Agreement to be effective 2/22/2020.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5149.
    Comments Due: 5 p.m. ET 5/6/20.

    Docket Numbers: ER20-1573-000.
    Applicants: DesertLink, LLC.
    Description: Compliance filing: DesertLinks Order No. 864
Compliance Filing to be effective 1/27/2020.
    Filed Date: 4/15/20.
    Accession Number: 20200415-5157.
    Comments Due: 5 p.m. ET 5/6/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 15, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-08449 Filed 4-21-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52540-52542]
[FR Doc No: 2021-20337]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93011; File No. SR-BX-2021-037]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Options 3,
Section 17, To Decommission the Exchange's Quote Removal Kill Switch
Functionality

September 15, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on September 2, 2021, Nasdaq BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 decommission the Exchange's quote removal
Kill Switch functionality at Options 3, Section 17.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/bx/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 Exchange proposes to amend Options 3, Section 17 to
decommission the Exchange's quote removal Kill Switch functionality,
which is an optional tool that allows Market Makers \4\ to initiate a
message (or messages) \5\ to the System \6\ to promptly remove their
quotes from the market. Market Makers may submit a request to the
System to remove quotes based on certain identifier(s) on either a user
or group level (``Identifier'').\7\ If quotes are cancelled by the
Market Maker using Kill Switch, it will result in the removal of all
quotes requested for the Identifier(s). The Market Maker will be unable
to enter any additional quotes for the affected Identifier(s) until the
Market Maker sends a re-entry request to the Exchange.\8\
---------------------------------------------------------------------------

    \4\ For purposes of this filing, Market Makers include BX
Options Market Makers and Options Market Makers. See Options 1,
Section 1(a)(10).
    \5\ Today, Market Makers can log into an interface to send a
message to the Exchange to initiate the Kill Switch.
    \6\ For purposes of this filing, the term ``System'' means the
automated system for order execution and trade reporting owned and
operated by BX as the BX Options market. See Options 1, Section
1(a)(59).
    \7\ Identifiers include Exchange accounts, ports, and/or badges
or mnemonics. Thus, a Market Maker using Kill Switch may elect to
remove quotes for an individual Identifier (e.g., badge) or any
group of Identifiers (e.g., all badges within one Market Maker
firm). Permissible groups must reside within a single member firm.
    \8\ See Options 3, Section 17. The Kill Switch tool also
currently allows BX Participants to cancel open orders and prevent
new order submission. The Exchange is not proposing to decommission
the order cancellation portion of the Kill Switch tool at this time.
---------------------------------------------------------------------------

    Due to the lack of demand for the quote removal Kill Switch by
Market Makers, the Exchange proposes to decommission this optional tool
by the end of Q4 2021.\9\ Through consultation with individual Market
Maker firms prior to filing this rule change, the Exchange did not
receive any negative feedback for its proposal to decommission the
quote removal Kill Switch functionality. The Exchange has also provided
all market participants with advance notice that it will decommission
this functionality in Q4 2021.\10\ With the proposed changes, the
Exchange seeks to streamline its product offerings and to reallocate
Exchange resources to other business and risk management initiatives.
While the

Exchange will no longer offer this optional functionality to Market
Makers, it will continue to offer similar quote management tools that
would assist Market Makers with their efforts to manage their risk with
respect to quotes on the Exchange. For example, Market Makers are
currently able to send a mass purge request through Specialized Quote
Feed (``SQF'') to pull their existing quotes from the market and
inhibit the entry of new quotes until the Market Maker sends a message
to the Exchange to re-enter the System.\11\ Indeed, the Exchange has
found that Market Makers utilize this SQF purge functionality instead
of the Kill Switch quote removal tool when they want to remove their
quotes from the market.
---------------------------------------------------------------------------

    \9\ No Market Makers have used the Kill Switch for quote removal
in 2021.
    \10\ See Options Trader Alert #2021-49.
    \11\ ``SQF'' is an interface that allows Market Makers to
connect, send, and receive messages related to quotes, Immediate-or-
Cancel Orders, and auction responses into and from the Exchange.
Features include the following: (1) Options symbol directory
messages (e.g., underlying instruments); (2) system event messages
(e.g., start of trading hours messages and start of opening); (3)
trading action messages (e.g., halts and resumes); (4) execution
messages; (5) quote messages; (6) Immediate-or-Cancel Order
messages; (7) risk protection triggers and purge notifications; (8)
opening imbalance messages; (9) auction notifications; and (10)
auction responses. The SQF Purge Interface only receives and
notifies of purge requests from the Market Maker. Market Makers may
only enter interest into SQF in their assigned options series. See
Options 3, Section 7(e)(1)(B).
---------------------------------------------------------------------------

    In addition, all Participants, including Market Makers, may contact
the Exchange's market operations staff to request that the Exchange
cancel any of their existing bids, offers, or orders in any series of
options.\12\ Furthermore, the Exchange will continue to have mandatory
System-enforced risk mechanisms that automatically remove quotes for
the Market Maker once certain pre-set thresholds or conditions are met.
This includes risk protections such as rapid fire risk controls \13\
and cancel on disconnect.\14\
---------------------------------------------------------------------------

    \12\ See Options 3, Section 19.
    \13\ The rapid fire risk controls automatically remove Market
Maker quotes submitted over SQF when certain firm-set thresholds are
met. Once the thresholds are triggered, the Market Maker must send a
re-entry indicator to re-enter the System. See Options 3, Section
15(c)(2).
    \14\ When the SQF Port detects the loss of communication with a
Participant's Client Application because the Exchange's server does
not receive a Heartbeat message for a certain time period (``nn''
seconds), the Exchange will automatically logoff the Participant's
affected Client Application and automatically cancel all of the
Participant's open quotes. Quotes will be cancelled across all
Client Applications that are associated with the same BX Options
Market Maker ID and underlying issues. See Options 3, Section 18(a).
---------------------------------------------------------------------------

    To effect the decommissioning of the quote removal Kill Switch, the
Exchange proposes to amend Options 3, Section 17 by eliminating all
references to quote removal within this Rule. In connection with this
change, the Exchange will also renumber current Options 3, Section
17(a)(ii) and (a)(iii) as Options 3, Section 17(a)(i) and (a)(ii),
respectively.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\15\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\16\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. Additionally, the Exchange believes that the proposed rule
change is consistent with the Section 6(b)(5) requirement that the
rules of an exchange not be designed to permit unfair discrimination
between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange does not believe that the proposed rule
change will affect the protection of investors or the public interest
or the maintenance of a fair and orderly market because no Market
Makers have used the quote removal Kill Switch risk control in 2021. In
addition, the Exchange notes that the use of this tool is completely
optional, and the Exchange will continue to offer Market Makers similar
risk management tools such as the SQF mass quote purge functionality.
As discussed above, the Exchange has found that Market Makers use the
SQF purge functionality much more frequently than the quote removal
Kill Switch to pull their quotes from the market. Furthermore, Market
Makers will retain the ability to contact market operations staff to
manually purge their quotes from the market. In addition, the Exchange
will continue to implement mandatory System-enforced risk mechanisms
that automatically remove quotes for the Market Maker once certain pre-
set thresholds or conditions are met (i.e., rapid fire and cancel on
disconnect).
    Also, the Exchange believes that the low usage rate for the quote
removal Kill Switch does not warrant the continuous resources necessary
for System support of such tools. As a result, the Exchange also
believes that the proposal will remove impediments to and perfect the
mechanism of a free and open market and a national market system by
allowing the Exchange to reallocate System capacity and resources
currently used to maintain this functionality to the development and
maintenance of other business initiatives and risk management products.
    As noted above, the Exchange will retain the ability for
Participants to utilize Kill Switch to cancel orders and prevent new
order submission. The Exchange does not believe that decommissioning
the quote removal portion of the Kill Switch tool for Market Makers is
unfairly discriminatory because Market Makers are professional traders
with their own risk settings, and have more sophisticated
infrastructures than most other market participants. Furthermore, as
discussed above, the Exchange has determined that Market Makers
currently use the mass purge functionality on SQF to pull their quotes
from the market instead of using the quote removal Kill Switch tool to
achieve the same result.

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. The proposed rule change will
allow the Exchange to decommission a risk management tool that is
rarely, if ever, used on the Exchange. As discussed above, Market
Makers currently have a variety of similar tools like the quote removal
Kill Switch that allow them to pull their quotes from the market and
inhibit the entry of new quotes, including the mass quote purge
functionality on SQF that the Exchange has found Market Makers use much
more frequently than the quote removal Kill Switch to achieve the same
result.
    As noted above, the Exchange will retain the ability for
Participants to utilize Kill Switch to cancel orders and prevent new
order submission. The Exchange does not believe that decommissioning
the quote removal portion of the Kill Switch tool for Market Makers
will impose an undue burden on competition because Market Makers are
professional traders with their own risk settings, and have more
sophisticated infrastructures than most other market participants.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give 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 Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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.

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-BX-2021-037 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-BX-2021-037. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2021-037 and should be submitted on
or before October 12, 2021.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-20337 Filed 9-20-21; 8:45 am]
BILLING CODE 8011-01-P