[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Notices]
[Pages 32225-32227]
[FR Doc No: 2019-14280]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86234; File No. SR-C2-2019-017]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Trigger for Its Opening Rotation Process for Equity Options

June 28, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 24, 2019, Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I, and II below, which
Items have been prepared by the Exchange. The Exchange filed the
proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder.\4\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
amend the trigger for its opening rotation process for equity options.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    On April 24, 2019, the Exchange filed a rule filing, SR-C2-2019-
009, which, among other things, amended its opening auction process.\5\
Specifically, the filing amended the events that will trigger the
opening rotation for equity options pursuant to Rule 6.11(d). As of
June 17, 2019, Rule 6.11(d) provides that after a time period (which
the Exchange determines for all classes) following the System's
observation after 9:30 a.m. of the first disseminated transaction price
for the security underlying an equity the System will initiate the
opening rotation for the series in that class.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 85788 (May 6, 2019),
84 FR 20673 (May 10, 2019) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Amend the Exchange's
Opening Process and Add a Global Trading Hours Session for DJX
Options) (SR-C2-2019-009). The rule filing was part of Feature Pack
7, implemented on June 17, 2019, in connection with the migration of
Cboe Exchange, Inc. (``Cboe Options'') technology to the same
trading platform used by the Exchange, Cboe EDGX Exchange, Inc.
(``EDGX Options''), and Cboe BZX Exchange, Inc. (``BZX Options'') in
the fourth quarter of 2019.
    \6\ The Exchange circulated an Exchange notice in advance of the
implementation of the rule changes pursuant to SR-C2-2019-009
describing such rule changes. See Exchange Notice No. C2019050201
(May 2, 2019). The Exchange also circulated an Exchange notice as a
reminder of the upcoming rule changes under SR-C2-2019-009. See
Exchange Notice No. C2019061200 (June 12, 2019).
---------------------------------------------------------------------------

    Prior to June 17, 2019, the System would initiate its opening
rotation for a series following the first transaction in the security
underlying an equity option disseminated by the primary market after
9:30. The Exchange now seeks to amend the opening rotation trigger for
equity options to revert back to the trigger used prior to the
implementation of SR-C2-2019-009. The Exchange understands its opening
rotation trigger event is not consistent with general practice in the
industry, which is to trigger an opening rotation based on disseminated
transactions from the primary market rather than any market. The
Exchange notes that the proposed change to reflect the prior opening
trigger event is the same as the rule language that existed before the
SR-C2-2019-009 amendments, previously filed with the Commission,
modified only to conform to other rule text under Rule 6.11(d) amended
by SR-C2-2019-009 that the Exchange does not intend to alter.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will serve to
remove impediments to and perfect the mechanism of a free and open
market and national market system because it will realign the trigger
for its opening rotation for equity options with the trigger used by
most other options exchanges.\10\ The proposed change will

benefit investors, as it will create consistency throughout the
industry and will implement an opening rotation trigger that was
previously in place under the Exchange Rules and thus, previously filed
with the Commission and already familiar to market participants.
---------------------------------------------------------------------------

    \10\ See Rules of Nasdaq BX, Chapter VI, Sec. 8(b); and Nasdaq
Stock Market Options Rules, Chapter VI, Sec. 8(b). See also http://www.nasdaqtrader.com/Content/BXOptions/BXOptions_FAQs.pdf; and
http://www.nasdaqtrader.com/content/ProductsServices/Trading/OptionsMarket/options_market_faqs.pdf.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed rule change will impose any burden on intramarket
competition that is not necessary in furtherance of the purposes of the
Act, because the proposed opening trigger will apply in the same manner
to all equity options. The proposed rule change impacts a System
process that occurs prior to the opening of trading, and merely
modifies when the System will initiate an opening rotation. The
remainder of the opening auction process will occur as it does today.
The Exchange also does not believe that the proposed change will impose
any burden on intermarket competition that is not necessary in
furtherance of the purposes of the Act, because use of the first
disseminated transaction price from the primary market as a trigger for
the opening rotation is consistent with the rules of other options
exchanges \11\ and with the Exchange Rules in place prior to June 17,
2019.
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

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

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

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

    Because the 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 if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6)
thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
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.[FEDREG][VOL]*[/
VOL][NO]*[/NO][DATE]*[/DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/
AGENCY][SUBJECT]*[/SUBJECT]
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay. The Exchange has asked the Commission to waive the 30-day
operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because the proposed rule change will implement
functionality relating to the opening rotation trigger for equity
options that was previously in place on C2. As such, waiver of the 30-
day operative delay is consistent with the protection of investors and
the public interest as the proposed rule change will implement an
opening rotation trigger that was previously in place under an Exchange
Rule that is already familiar to market participants. Thus, as
represented by the Exchange, the proposed rule change does not
introduce any new or novel issues. For this reason, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposal as operative upon filing.\16\
---------------------------------------------------------------------------

    \16\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2019-017 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-C2-2019-017. 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-C2-2019-017 and should be submitted on
or before July 26, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-14280 Filed 7-3-19; 8:45 am]
BILLING CODE 8011-01-P?>


[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64552-64554]
[FR Doc No: 2021-25128]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93560; File No. SR-IEX-2021-15]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Make
Juneteenth National Independence Day a Holiday of the Exchange

November 12, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 9, 2021, the Investors Exchange LLC (``IEX'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Pursuant to the provisions of Section 19(b)(1) under the Act,\3\
and Rule 19b-4 thereunder,\4\ IEX is filing with the Commission a
proposed rule change to amend IEX Rule 11.110 (Hours of Trading and
Trading Days) to make Juneteenth National Independence Day a holiday of
the Exchange. Juneteenth National Independence Day was designated a
legal public holiday in June 2021. The Exchange has designated this
rule change as ``non-controversial'' under Section 19(b)(3)(A) of the
Act \5\ and provided the Commission with the notice required by Rule
19b-4(f)(6) thereunder.\6\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(1).
    \4\ 17 CFR 240.19b-4.
    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.com, at the principal office of the Exchange,
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statement may be examined at
the places specified in Item IV below. The self-regulatory organization
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 IEX Rule 11.110 (Hours of Trading
and Trading Days) to make Juneteenth National Independence Day a
holiday of the Exchange. This rule filing is based on a proposal
recently submitted by the New York Stock Exchange LLC (``NYSE'') and
its affiliated exchanges.\7\ On June 17, 2021, Juneteenth National
Independence Day was designated a legal public holiday.\8\ Consistent
with industry sentiment,\9\ the approach recommended by the Securities
Industry and Financial Markets Association (``SIFMA''),\10\ and IEX's
own determination that IEX's rules should recognize this important date
in American history, the Exchange proposes to add ``Juneteenth National
Independence Day'' to the existing list of holidays in paragraph (b) of
IEX Rule 11.110. As a result, the Exchange will not be open for
business on Juneteenth National Independence Day, which falls on June
19 of each year. In accordance with paragraph (b) of IEX Rule 11.110,
when the holiday falls on a Saturday, the Exchange will not be open for
business on the preceding Friday, and when it falls on a Sunday, the
Exchange will not be open for business on the

following Monday, unless otherwise indicated by the Exchange.\11\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 93183 (September 30,
2021), 86 FR 55068 (October 5, 2021) (SR-NYSE-2021-56) (amending
NYSE Rule 7.2 to include Juneteenth as an exchange holiday).
    \8\ Public Law 117-17.
    \9\ See, e.g., Bank of America Makes Juneteenth a Holiday,
Joining JPMorgan, Wells Fargo.
    \10\ SIFMA recommends a full market close in observance of
Juneteenth National Independence Day. See SIFMA Revises 2022 Fixed
Income Market Close Recommendations in the U.S. to Include Full
Close for Juneteenth National Independence Day.
    \11\ The Exchange might otherwise indicate if unusual business
conditions exist such as the ending of a monthly or yearly
accounting period.
---------------------------------------------------------------------------

    Accordingly, as proposed paragraph (b) of IEX Rule 11.110 would be
revised to read as follows (proposed additions underlined):

    The Exchange will be open for the transaction of business on
business days. The Exchange will not be open for business on the
following holidays: New Year's Day, Dr. Martin Luther King Jr. Day,
Presidents Day, Good Friday, Memorial Day, Juneteenth National
Independence Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas. When any holiday observed by the Exchange falls on a
Saturday, the Exchange will not be open for business on the
preceding Friday. When any holiday observed by the Exchange falls on
a Sunday, the Exchange will not be open for business on the
following Monday, unless otherwise indicated by the Exchange.

    The Exchange also notes that several other national securities
exchanges have added Juneteenth National Independence Day as an
exchange holiday as well.\12\
---------------------------------------------------------------------------

    \12\ See BOX Exchange LLC Rule 7020(e); Miami International
Securities Exchange LLC Rule 501; MIAX Emerald, LLC Rule 501; MIAX
Pearl, LLC Rule 501; NYSE Rule 7.2; NYSE American LLC Rule 7.2E;
NYSE Arca, Inc. Rules 7.2-E and 7.2-O; NYSE Chicago, Inc. Rule 7.2
and NYSE National Rule 7.2.
---------------------------------------------------------------------------

2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Section 6(b) \13\ of the Act in general, and furthers the
objectives of Section 6(b)(5) of the Act \14\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed change would
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, protect investors
and the public interest because the proposed amended rule would clearly
state that the Exchange will not be open for business on Juneteenth
National Independence Day, which is a federal holiday, and would
address what day would be taken off if June 19 fell on a Saturday or
Sunday. The change would thereby promote clarity and transparency in
the Exchange rules by updating the list of holidays of the Exchange.

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

    IEX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed correction does not impact competition in any respect since it
is designed to simply amend the Exchange rule regarding holidays.

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

    Written comments were neither solicited nor received.

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

    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 \15\ and Rule 19b-
4(f)(6)(iii) thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative prior to 30 days after the date of
the filing. The Exchange states that waiver of the operative delay
would be consistent with the protection of investors and the public
interest because the proposed rule change, as described above, would
state that the Exchange will not be open for business on Juneteenth
National Independence Day, which is a federal holiday, and would
address what day would be taken off if June 19 fell on a Saturday or
Sunday. The Exchange further states that the proposed change does not
raise any new or novel issues. For these reasons, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\19\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-IEX-2021-15 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-IEX-2021-15. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. 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-IEX-2021-15, and should be
submitted on or before December 9, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-25128 Filed 11-17-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17534-17537]
[FR Doc No: 2015-07366]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74592; File No. SR-Phlx-2015-28]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Harmonization of Phlx Rules

March 26, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 25, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rules 771 entitled ``Excessive
Trading of Members;'' 832, entitled ``Price Adjustment of Open Orders
on Ex-Date;'' and 1006 entitled ``Other Restrictions on Exchange
Options Transactions and Exercises.'' The Exchange proposes to make
minor amendments for rule conformity to Rules 1001, entitled ``Position
Limits;'' 1002 entitled ``Exercise Limits;'' 1003 entitled ``Reporting
of Options Positions;'' 1040 entitled ``Failure to Pay Premium;'' 1041
entitled ``Options Contracts Of Suspended Members;'' 1042 ``Exercise of
Equity Option Contracts;'' 1044 ``Delivery and Payment;'' 1048 ``Stock
Transfer Tax;'' and 1090 entitled ``Clerks.'' The Exchange proposes to
delete Rules 1021 entitled ``Excessive Dealing in Options;'' 1038
entitled ``Open Orders on Ex-Date; '' and 1045 ``Officers and Employees
Restricted.''
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to update certain of
the 1000 series options rules to harmonize the Rulebook and modernize
Exchange rules. The Exchange is also proposing to amend other non-
options rules as well. The Exchange proposes to amend rule text, make
minor technical amendments to certain rules, such as numbering, and to
delete other rules. Each proposed rule change will be discussed in
greater detail below.

Amendment to Certain Exchange Rules

    The Exchange proposes to amend Rule 771, entitled ``Excessive
Trading of Members,'' to combine rule text from Rule 1021 entitled
``Excessive Dealing in Options. Both of these rules cover the same
basic topic, excessive trading of members. Rule 1021 is specific to
options, while Rule 771 is broader in nature. The Exchange proposes to
add a new paragraph to Rule 771 which contains similar rule text to
Commentary .01 of Rule 1021.\3\ The Exchange does not believe it is
necessary to have two rules in the Rulebook which discuss the same
restriction, therefore, the Exchange will delete Rule 1021. This rule
change is proposed to harmonize the Rulebook.
---------------------------------------------------------------------------

    \3\ The proposed text omits a reference to ``options'' that are
[sic] currently in Rule 1021.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 832, entitled ``Price
Adjustment of Open Orders on Ex-Date,'' to combine rule text from Rule
1038 entitled ``Open Orders on Ex-Date.'' Both of these rules cover the
same basic topic, price adjustment of open orders on ``Ex-Date.'' Rule
1038 is specific to options, while Rule 832 is broader in nature. The
Exchange proposes to add a new paragraph to Rule 832 which contains
similar rule text to Rule 1038.\4\ The Exchange does not believe it is
necessary to have two rules in the Rulebook which discuss the same
restriction; therefore the Exchange will delete Rule 1038. This rule
change is proposed to harmonize the Rulebook.
---------------------------------------------------------------------------

    \4\ The proposed text adds a new reference to ``options'' in
Rule 832.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 1006 entitled ``Other
Restrictions on Exchange Options Transactions and Exercises,'' to
harmonize this rule with NASDAQ Stock Market LLC (``NOM'') and NASDAQ
OMX BX, Inc. (``BX'') rules at Chapter III, Section 12.\5\ The Exchange
believes the NOM and BX rules are more specific with respect to
restrictions as compared to the Phlx rule. The proposed rule likewise
imposes restrictions on transactions or exercises in one or more series
of options, similar to the Phlx rule.\6\ A similar restriction exists
in the current Phlx rule with respect to the ten business days prior to
the expiration date of a given series of options, other than index
options, which shall include such expiration date for an option
contract that expires on a business day.\7\ Specifically the proposed
rule would note, ``[n]otwithstanding the foregoing, during the ten (10)
business days prior to the expiration date of a given series of
options, other than index options, which shall include such expiration
date for an option contract that expires on a business day, no
restriction on exercise under this Section may be in effect with
respect to that series of options. With respect to index options,
restrictions on exercise may be in effect until the opening of business
on the business day of their expiration or, in the case of an option
contract expiring on a day that is not a business day, on the last
business day before the expiration date.'' \8\
---------------------------------------------------------------------------

    \5\ See NOM and BX Rules at Chapter III, Section 12 entitled
``Other Restrictions on Options Transactions and Exercises.''
    \6\ See proposed Rule 1006(a) and (a)(i).
    \7\ See proposed Rule 1006(a)(ii). The proposed new rule text
will not distinguish between European and American settlement with
regard to the ten (10) business day restriction. The current Phlx
rule does make such a distinction.
    \8\ Id.
---------------------------------------------------------------------------

    The Exchange proposes to add specific language concerning exercise
of American-style cash-settled index options, which shall be prohibited
during any time when trading in such options is delayed, halted, or
suspended.\9\ The Exchange proposes to provide the following exceptions
---------------------------------------------------------------------------

    \9\ See proposed Rule 1006(a)(iii).
---------------------------------------------------------------------------

    (1) The exercise of an American-style, cash-settled index option
may be processed and given effect in

accordance with and subject to the Rules of The Options Clearing
Corporation while trading in the option is delayed, halted, or
suspended if it can be documented, in a form prescribed by Phlx
Regulation, that the decision to exercise the option was made during
allowable time frames prior to the delay, halt, or suspension;
    (2) Exercises of expiring American-style, cash-settled index
options shall not be prohibited on the business day of expiration, or
in the case of an option contract expiring on a day that is not a
business day, the last business day prior to their expiration;
    (3) Exercises of American-style, cash-settled index options shall
not be prohibited during a trading halt that occurs at or after 4 p.m.
Eastern time. In the event of such a trading halt, exercises may occur
through 4:20 p.m. Eastern time. .[sic] In addition, if trading resumes
following such a trading halt pursuant to the procedures described in
Rules 1047 and 1047A, exercises may occur during the resumption of
trading and for five (5) minutes after the close of the resumption of
trading. The provisions of this subparagraph (a)(iii)(3) are subject to
the authority of the Board to impose restrictions on transactions and
exercises pursuant to paragraph (a) of this Rule; and
    (4) Phlx may determine to permit the exercise of American-style,
cash-settled index options while trading in such options is delayed,
halted, or suspended.\10\
---------------------------------------------------------------------------

    \10\ See proposed Rule 1006(a)(iii).

Further, whenever the issuer of a security underlying a call option
traded on Phlx is engaged or proposes to engage in a public
underwritten distribution (``public distribution'') of such underlying
security or securities exchangeable for or convertible into such
underlying security, the underwriters may request that Phlx impose
restrictions upon all opening writing transactions in such options at a
``discount'' where the resulting short position will be uncovered
(``uncovered opening writing transactions''). The rule notes conditions
which are necessary for the imposition of restrictions, such as:
    (1) Less than a majority of the securities to be publicly
distributed in such distribution are being sold by existing security
holders;
    (2) the underwriters agree to notify Phlx Regulation upon the
termination of their stabilization activities; and
    (3) the underwriters initiate stabilization activities in such
underlying security on a national securities exchange when the price of
such security is either at a ``minus'' or ``zero minus'' tick.\11\
---------------------------------------------------------------------------

    \11\ See proposed Rule 1006(b)(i).

Upon receipt of such a request and determination that the conditions
listed above are met, Phlx Regulation shall impose the requested
restrictions as promptly as possible but no earlier than fifteen (15)
minutes after members or member organizations shall have been notified
and shall terminate such restrictions upon request of the underwriters
or when Phlx Regulation otherwise discovers that stabilizing
transactions by the underwriters has been terminated.\12\ An uncovered
opening writing transaction in a call option will be deemed to be
effected at a ``discount'' when the premium in such transaction is
either: in the case of a distribution of the underlying security not
involving the issuance of rights and in the case of a distribution of
securities exchangeable for or convertible into the underlying
security, less than the amount by which the underwriters' stabilization
bid for the underlying security exceeds the exercise price of such
option; or in the case of a distribution being offered pursuant to
rights, less than the amount by which the underwriters' stabilization
bid in the underlying security at the subscription price exceeds the
exercise price of such option.\13\
---------------------------------------------------------------------------

    \12\ See proposed Rule 1006(b)(ii).
    \13\ See proposed Rule 1006(b)(iii).
---------------------------------------------------------------------------

    The Exchange believes that adopting the NOM and BX rules provides
greater specificity with respect to restrictions on options
transactions and exercises.
Minor Technical Amendments to Options Rules
    The Exchange proposes to amend Rule 1001, entitled ``Position
Limits,'' to remove the header ``Commentary'' from the rule and replace
it with consecutive numbering. The remainder of the changes correct
cross-references to the newly renumbered sections, remove extraneous
dashes and add a period and outside parentheses to the numbering in the
rule text to conform the text to the portion that is not in the
Commentary today.
    The Exchange proposes to amend Rule 1002 entitled ``Exercise
Limits,'' to similarly remove the header ``Commentary'' from the rule
and replace it with consecutive lettering.
    The Exchange proposes to amend Rule 1003 entitled ``Reporting of
Options Positions,'' to remove the footnote in the rule and instead
place the language in the footnote within the body of the rule. A minor
grammatical correction was made to remove a dash in this section in the
word ``market maker.''
    The Exchange proposes to amend Rule 1040 entitled ``Failure to Pay
Premium,'' to capitalize the certain terms and also utilize a newly
defined term ``OCC'' throughout the rule.
    The Exchange proposes to amend Rule 1041 entitled ``Options
Contracts Of Suspended Members,'' to utilize a newly defined term
``OCC'' throughout the rule.
    The Exchange proposes to amend Rule 1042 ``Exercise of Equity
Option Contracts,'' to define the term ``CEA'' within the Rule and to
remove the header ``Commentary'' and renumber the remainder of the
rule. The Exchange is also proposing to remove a specific reference to
The Options Clearing Corporation's Articles and instead refer to the
by-laws more generally and utilize a newly defined term ``OCC''
throughout the rule.
    The Exchange proposes to amend Rule 1044 ``Delivery and Payment,''
to utilize a newly defined term ``OCC'' throughout the rule.
    The Exchange proposes to amend Rule 1048 ``Stock Transfer Tax,
utilize a newly defined term ``OCC'' throughout the rule.
    The Exchange proposes to amend Rule 1090 entitled ``Clerks,''
update a reference to an outdated ``DOT machine'' and replace that
reference with the updated term ``order handling entry device.'' The
Exchange also proposes to remove the header ``Commentary'' and renumber
the remainder of the rule.
Deleted Rules
    The Exchange proposes to delete Rules 1021 entitled ``Excessive
Dealing in Options;'' and 1038 entitled ``Open Orders on Ex-Date;''
because these Rules are being combined with Rules 771 and 832,
respectively, as described above. The Exchange is also proposing to
delete Rule 1045 ``Officers and Employees Restricted,'' which is
covered in detail by the Exchange's Code of Ethics.\14\ Rule 1045 does
not

apply to members, but rather applies to employees of the Exchange. The
Exchange has policies and procedures which are applicable to employees
which are not contained in the Rulebook. The Exchange believes that
this rule, which does not apply to members, is not necessary to retain
in the Rulebook.
---------------------------------------------------------------------------

    \14\ Phlx Rule 1045(a) requires every salaried officer or
employee of the Exchange and every salaried officer or employee of
any corporation in which the Exchange owns the majority of the stock
to promptly report to the Exchange every purchase or sale for his
own account or the account of others of any security which is the
underlying security of any option contract admitted to dealings on
the Exchange. Today, Phlx employees are subject to the NASDAQ Code
of Ethics, which refers to the Global Trading Policy which requires
an annual and other periodic reporting of securities holdings to the
Exchange. Phlx Rule 1045(b) provides that no salaried officer or
employee of the Exchange or salaried officer or employee of any
corporation in which the Exchange owns the majority of the corporate
stock may purchase or sell for his own account or for the account of
others any option contract which entitles the purchaser to purchase
or sell any security described in paragraph (a) of Rule 1045 or any
foreign currency option contract admitted to dealings on the
Exchange. The NASDAQ Code of Ethics refers to the Global Trading
Policy which prohibits employees from holding or trading certain
securities noted on the prohibited list. The prohibited list
prohibits employees from holding or trading certain securities
because those companies have dealings on the Exchange. The Code of
Ethics is more expansive in scope as compared to Phlx Rule 1045.
---------------------------------------------------------------------------

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
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, 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. The Exchange believes that
these proposed rule changes will harmonize and modernize the Phlx
Rulebook.
---------------------------------------------------------------------------

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

    The proposed rule changes to amend various options rules should
harmonize the Exchange's Rulebook by removing duplicate rules by
combining general Phlx rules with options rules, conforming the
language in certain rules by defining terms within the rules and
removing Commentary sections and instead renumbering the rule; and
deleting unnecessary rules. It is in the interests of the protection of
investors to eliminate any confusion among market participants with
respect to the Rulebook. The rule changes are intended to provide a
clearer Rulebook in order that market participants are aware of their
obligations. The Exchange believes that these amendments will make
clear the manner in which the Exchange operates and thereby remove
impediments to and provide free and open markets.
    The Exchange's proposed deletion of Rule 1045 would not impact
members because this rule applies solely to employees of the Exchange.
The Exchange has policies and procedures which are applicable to
employees which are not contained in the Rulebook. The Exchange
believes that this rule, which does not apply to members, is not
necessary to retain in the Rulebook. The proposed amendment to Rule
1006 to adopt similar NOM and BX Rules \17\ will provide members with
additional specificity with respect to restrictions on options
transactions and exercises, similar to the current practice at NOM and
BX.
---------------------------------------------------------------------------

    \17\ See note 5.
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange's proposed amendments seek to harmonize the
Rulebook by combining duplicative rules, conforming the text of the
rules and also deleting unnecessary rules. Certain of these amendments
apply to all members, equity and options, and other rules related to
options, apply specifically to options members. The rules uniformly
apply to members transacting a specific product. The proposed
amendments do not unduly burden competition on the Exchange.
    The proposed amendment to Rule 1006 will provide members with a
rule substantially similar to rules on NOM and BX.\18\ The Exchange
believes that adopting the NOM and BX rules \19\ will assist the
Exchange in competing more effectively with respect to options.
---------------------------------------------------------------------------

    \18\ See note 25.
    \19\ Id.
---------------------------------------------------------------------------

    The proposed deletion of Rule 1045 applies specifically to
employees of the Exchange. This rule does not impact the competition
among members transacting business on the Exchange but rather concerns
the operation of the Exchange and conduct of its employees.

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)(ii) of the Act \20\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\21\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \21\ 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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2015-28 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2015-28. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than

those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2015-28, and should be
submitted on or before April 22, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-07366 Filed 3-31-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Pages 61625-61626]
[FR Doc No: 2014-24343]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2146-169]

Alabama Power Company; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters.
    b. Project No: 2146-169.
    c. Date Filed: August 21, 2014.
    d. Applicant: Alabama Power Company.
    e. Name of Project: Coosa River Hydroelectric Project.
    f. Location: Neely Henry Lake in Etowah County, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Matthew Akin, Alabama Power Company, 600 18th
Street North, Birmingham, AL 35203-8180,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. FERC Contact: Krista Sakallaris,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: November 10, 2014.
    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 at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-2146-169) on any comments or
motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears 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.
    k. Description of Application: Alabama Power Company requests
Commission approval to grant the City of Gadsden, Alabama (applicant) a
permit to use project lands and waters to develop a community park. The
proposed park would be located on or adjacent to Neely Henry Lake in
Etowah County, Alabama and total 15.43 acres, half of the proposed park
will be located on Alabama Power Company land within the project
boundary. The applicant proposes to build the following facilities on
project land: A 20 slip floating dock, a 12 slip boat dock, a
pedestrian bridge, two picnic pavilions, three octagonal observation
platforms, two overlooks, approximately 3,500 feet (roughly half of
which will be within the project boundary) of combined boardwalk and
pedestrian paths, pedestrian lighting, and 400 feet of rip rap to
prevent shoreline erosion.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room,

located at 888 First Street NE., Room 2A, Washington, DC 20426, or by
calling<PHONE_NUMBER>. This filing may also 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 (P-2146) to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (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 commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2014-24343 Filed 10-10-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58262-58265]
[FR Doc No: 2017-26595]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0024]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces receipt of applications from 16 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before January 10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0024 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
    online instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment 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.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>,

[email protected], FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 16 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

II. Qualifications of Applicants

Eric J. Andersen

    Mr. Andersen, 48, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/125, and in his
left eye, 20/20. Following an examination in 2017, his optometrist
stated, ``I certify that in my medical opinion, this patient has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Andersen reported that he has driven straight
trucks for two years, accumulating 60,000 miles. He holds a Class B CDL
from Connecticut. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Mason M. Arends

    Mr. Arends, 40, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
70. Following an examination in 2017, his optometrist stated, ``Mr.
Arends does have sufficient vision to meet the requirements for a
commercial driving license.'' Mr. Arends reported that he has driven
straight trucks for six years, accumulating 141,120 miles. He holds a
Class B CDL from Colorado. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Darin P. Ball

    Mr. Ball, 48, has had optic atrophy in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, hand motion. Following an examination in 2017, his optometrist
stated, ``It is my impression that Darin is safe to drive a commercial
vehicle due to excellent vision OD, as is evidenced by his history of
driving very large vehicles/equipment for the fire department.'' Mr.
Ball reported that he has driven straight trucks for 29 years,
accumulating 754,000 miles. He holds an operator's license from New
York. His driving record for the last three years shows no crashes and
no convictions for moving violations in a CMV.

Freddie L. Boyd

    Mr. Boyd, 63, has keratoconus in his left eye since 2000. The
visual acuity in his right eye is 20/50, and in his left eye, 20/20.
Following an examination in 2017, his optometrist stated, ``Freddie

has sufficient enough vision to operate a commercial vehicle.'' Mr.
Boyd reported that he has driven tractor-trailer combinations for seven
years, accumulating 882,000 miles. He holds a Class C CDL from
Michigan. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Larry W. Buchanan, Jr.

    Mr. Buchanan, 50, has had optic atrophy in his right eye since
2000. The visual acuity in his right eye is hand motion, and in his
left eye, 20/20. Following an examination in 2017, his optometrist
stated, ``He has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Buchanan reported that
he has driven straight trucks for 27 years, accumulating 140,400 miles,
and tractor-trailer combinations for 27 years, accumulating 13,500
miles. He holds a Class A CDL from New Mexico. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.

Gerald R. Eister

    Mr. Eister, 53, has a retinal detachment in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, hand motion. Following an examination in
2017, his optometrist stated, ``Since he has had the central vision
loss of the left eye since he was around 16 and has been stable and
will continue to stay the same and knows no other difference, I feel he
is safe to continue to operate a commercial vehicle like he has for the
last 37 years.'' Mr. Eister reported that he has driven straight trucks
for 32 years, accumulating 998,400 miles and tractor-trailer
combinations for 14 years, accumulating 140,000 miles. He holds a Class
A CDL from North Carolina. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Joseph A. Kennedy

    Mr. Kennedy, 67, has a prosthetic left eye due to a traumatic
incident in 2014. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2017,
his optometrist stated, ``Mr. Kennedy's vision of 20/15 in the right
eye allows him to operate a commercial motor vehicle . . . '' Mr.
Kennedy reported that he has driven buses for nine years, accumulating
580,500 miles. He holds an operator's license from Maine. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.

Kent E. Kirchner

    Mr. Kirchner, 48, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/125, and in his
left eye, 20/20. Following an examination in 2017, his optometrist
stated, ``Mr. Kirchner, in my opinion, has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Kirchner reported that he has driven tractor-trailer combinations for
ten years, accumulating 585,000 miles. He holds a Class A CDL from
Iowa. His driving record for the last three years shows no crashes and
no convictions for moving violations in a CMV.

Veronica D. Lowe

    Ms. Lowe, 41, has had a corneal scar in her left eye since 2004.
The visual acuity in her right eye is 20/20, and in her left eye, 20/
100. Following an examination in 2017, her optometrist stated, ``It is
my professional opinion that Veronica does have sufficient vision to
perform all driving tasks required to operate a commercial motor
vehicle.'' Ms. Lowe reported that she has driven tractor-trailer
combinations for five years, accumulating 375,000 miles. She holds a
Class A CDL from Idaho. Her driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Michael P. Meyer

    Mr. Meyer, 36, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2017, his optometrist stated, ``In my
medical opinion Michael has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Meyer reported
that he has driven straight trucks for 21 years, accumulating 168,000
miles, and buses for ten years, accumulating 2,000 miles. He holds an
operator's license from Wisconsin. His driving record for the last
three years shows no crashes and one conviction for a moving violation
in a CMV; he exceeded the speed limit by 15 mph.

Christopher T. Peevyhouse

    Mr. Peevyhouse, 39, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2017, his optometrist stated,
``Chris continues to have sufficient vision to perform the tasks of
operating a commercial vehicle.'' Mr. Peevyhouse reported that he has
driven straight trucks for nine years, accumulating 166,500 miles. He
holds a Class A CDL from Tennessee. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.

William L. Richardson Jr.

    Mr. Richardson, 34, has a retinal scar in his left eye due to a
traumatic incident in 1999. The visual acuity in his right eye is 20/
15, and in his left eye, light perception. Following an examination in
2017, his optometrist stated, ``Mr. Richardson has sufficient visual
ability to operate a Commercial Vehicle.'' Mr. Richardson reported that
he has driven straight trucks for 15 years, accumulating 117,000 miles.
He holds an operator's license from Indiana. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

Russell J. Soland

    Mr. Soland, 64, has had a corneal scar in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/200, and in his left eye, 20/20. Following an examination in 2017,
his optometrist stated, ``In my opinion, he has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Soland reported that he has driven straight trucks for 14 years,
accumulating 84,000 miles. He holds a Class B CDL from Minnesota. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

William L. Sunkler

    Mr. Sunkler, 52, has had nystagmus in his right eye since birth.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
25. Following an examination in 2017, his optometrist stated, ``Patient
demonstrates sufficient vision to operate a commercial vehicle with
corrective lenses'' Mr. Sunkler reported that he has driven tractor-
trailer combinations for 30 years, accumulating 2.1 million miles. He
holds a Class A CDL from Oregon. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

Brian J. Tegeler

    Mr. Tegeler, 55, has macular edema in his left eye since 2013. The
visual acuity in his right eye is 20/20, and in his left eye, 20/50.
Following an examination in 2017, his optometrist stated, ``In my
professional opinion, Mr. Brian Tegeler

has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Tegeler reported that he has driven
straight trucks for 36 years, accumulating 288,000 miles. He holds a
Class A CDL from Illinois. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

William H. Wrice, Jr.

    Mr. Wrice, 51, has had a chorioretinal scar in his right eye since
2012. The visual acuity in his right eye is 20/100, and in his left
eye, 20/20. Following an examination in 2017, his optometrist stated,
``In my opinion the candidate's vision function is sufficient to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Wrice reported that he has driven straight trucks for ten years,
accumulating 120,000 miles, and tractor-trailer combinations for two
years, accumulating 60,000 miles. He holds a Class A CDL from Ohio. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2017-0024 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0024 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: December 4, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26595 Filed 12-8-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Rules and Regulations]
[Page 18961]
[DOCID:fr08ap08-9]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0223]

Drawbridge Operation Regulations; Sacramento River, Sacramento,
CA, Event--Grand Opening Celebration

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento,
CA. The deviation is necessary to allow the bridge owner, the
California Department of Transportation (Caltrans), to celebrate the
completion of the newly refurbished drawbridge. This deviation allows
the bridge to remain in the closed-to-navigation position during the
event.

DATES: This deviation is effective from 11 a.m. through 3 p.m. on April
12, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0223 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and Commander
(dpw), Eleventh Coast Guard District, Building 50-2, Coast Guard
Island, Alameda, CA 94501-5100, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Caltrans requested a temporary change to the
operation of the Tower Drawbridge, mile 59.0, Sacramento River, at
Sacramento, CA. The Tower Drawbridge navigation span provides a
vertical clearance of 30 feet above Mean High Water in the closed-to-
navigation position. The draw opens on signal from May 1 through
October 31 from 6 a.m. to 10 p.m. and from November 1 through April 30
from 9 a.m. to 5 p.m. At all other times the draw shall open on signal
if at least four hours notice is given, as required by 33 CFR 117.189.
Navigation on the waterway is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
11 a.m. through 3 p.m. on April 12, 2008 to allow the public to
participate in the Grand Opening Celebration of the newly refurbished
drawbridge. This temporary deviation has been coordinated with waterway
users. There are no scheduled river boat cruises or anticipated levee
maintenance during this deviation period. No objections to the proposed
temporary deviation were raised.
    Vessels that can transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time.
    In the event of an emergency the drawspan can be opened with 45
minutes advance notice.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: 28 March 2008.
J.E. Long,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. E8-7380 Filed 4-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43135-43136]
[FR Doc No: 2012-17861]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2012-0087]

Advisory Committee for Aviation Consumer Protection

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of second meeting of advisory committee.

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

SUMMARY: This notice announces the second meeting of the Advisory
Committee for Aviation Consumer Protection.

DATES: The second meeting of the advisory committee is scheduled for
August 7, 2012, from 9:00 a.m. to 5:00 p.m., Eastern Time.

ADDRESSES: The meeting will be held in Meeting Rooms 8, 9 and 10
(located on the lobby level of the West Building with capacity for
approximately 80 attendees) at the U.S. Department of Transportation,
1200 New Jersey Avenue SE., Washington, DC. Attendance is open to the
public; however, since access to the U.S. DOT headquarters building is
controlled for security purposes, any member of the general public who
plans to attend this meeting must notify the Department contact noted
below at least five (5) calendar days prior to the meeting.

FOR FURTHER INFORMATION CONTACT: To register to attend the meeting,
please contact Amanda Stokes, Associate Research Analyst, Centra
Technology, Inc<EMAIL_ADDRESS>703-894-6529. For other
information please contact Nicholas Lowry, Senior Attorney, Office of
the Assistant General Counsel for Aviation Enforcement and Proceedings,
<EMAIL_ADDRESS>U.S. Department of Transportation, 1200 New Jersey
Ave. SE., Washington, DC, 20590;<PHONE_NUMBER> (phone),<PHONE_NUMBER>
(fax).

SUPPLEMENTARY INFORMATION: On May 24, 2012, the Secretary, as mandated
by Section 411 of the FAA Modernization and Reform Act of 2012 (Pub. L.
112-95, 126 Stat. 11 (2012)), established the Advisory Committee on
Aviation Consumer Protection and announced those persons appointed as
members. By notice dated June 13, 2012, the Department announced the
first meeting of the committee. That meeting was held on June 28, 2012.
A charter for the committee, drafted in accordance with the Federal
Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2, sets forth
policies for the operation of the advisory committee and is available
on the Department's Web site at http://www.dot.gov/affairs/2012/dot5912.html.
    The second meeting of the committee is scheduled for August 7,
2012, from 9:00 a.m. to 5:00 p.m. Eastern Time in Meeting Rooms 8, 9,
and 10 at the Department's headquarters, 1200 New Jersey Ave. SE.,
Washington, DC 20590. The agenda topics for that second meeting will
include a continuation of the presentation by the Office of Aviation
Enforcement and Proceedings (Enforcement Office) regarding its
enforcement policies and initiatives relating to air travel by persons
with

disabilities, which was cut short at the prior meeting. In addition, at
the request of committee members, the following presentations are
planned: (1) By representatives of the disability community with
reference to the Department's program to protect the rights of disabled
air travelers and recommendations for any new initiatives; (2) by
representatives from both air carriers and the global distribution
systems (GDSs) regarding regulatory issues in the display and sale of
airline ancillary services through the GDSs; (3) by a representative of
the industry regarding the airline industry's financial condition; and
(4) by the Enforcement Office on the implementation status and the
effects of the tarmac delay rule (14 CFR 259.4) and the new tarmac
delay plan statutory approval requirement, 49 U.S.C. 42301.
    As announced in our notice of June 13, meetings of the committee
will be open to the public and, time permitting, comments by members of
the public are invited. Since access to the U.S. DOT headquarters
building is controlled for security purposes, we ask that any member of
the general public who plans to attend the second meeting notify the
Department contact noted above no later than five (5) calendar days
prior to the meeting. Attendance will be necessarily limited by the
size of the meeting room.
    Members of the public may present written comments at any time. The
docket number referenced above (OST 2012-0087, available at https://www.regulations.gov) has been established for committee documents
including any written comments that may be filed. At the discretion of
the Chairperson and time permitting, after completion of the planned
agenda in the afternoon of the second meeting, individual members of
the public may provide oral comments. Any oral comments presented must
be limited to the objectives of the committee and will be limited to
five (5) minutes per person. Individual members of the public who wish
to present oral comments must notify the Department contact noted above
via email that they wish to attend and present oral comments at least
five (5) calendar days prior to the meeting. For this initial meeting,
no more than one hour will be set aside for oral comments by the
general public.
    Persons with a disability who plan to attend the meeting and
require special accommodations, such as an interpreter for the hearing
impaired, should notify the Department contact noted above at least
seven (7) calendar days prior to the meeting. Persons attending with a
service animal should also advise us of that fact so that it can be
taken into account in connection with space and possible allergy
issues.
    Notice of this meeting is being provided in accordance with the
FACA and the General Services Administration regulations covering
management of Federal advisory committees. (41 CFR Part 102-3.)

    Issued in Washington, DC, on July 18, 2012.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement & Proceedings, U.S.
Department of Transportation.
[FR Doc. 2012-17861 Filed 7-20-12; 8:45 am]
BILLING CODE 4910-9X-P