[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Rules and Regulations]
[Pages 76854-76855]
[FR Doc No: 2016-26437]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-3992; Airspace Docket No. 15-ANM-14]

Amendment of Class E Airspace; Albany, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Albany Municipal
Airport, Albany, OR. Advances in Global Positioning System (GPS)
mapping accuracy and a reliance on precise geographic coordinates to
define airport and airspace reference points have made this airspace
redesign necessary for the safety and management of Instrument Flight
Rules (IFR) operations.

DATES: Effective 0901 UTC, January 5, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the U.S. Department of Transportation, Docket Operations, 1200
New Jersey Avenue SE., West Bldg. Ground Floor Rm. W12-140, Washington,
DC 20590; Telephone: 1-800-647-5527, or<PHONE_NUMBER>. The Order is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of FAA Order
7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html. FAA
Order 7400.11, Airspace Designations and Reporting Points, is published
yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies controlled airspace at Albany Municipal Airport, Albany,
OR.

History

    On August 15, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to modify Class E airspace
extending upward from 700 feet above the surface at Albany Municipal
Airport, Albany, OR (81 FR 53964) Docket No. FAA-2015-3992. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. On August 29,
2016, the FAA received a request from Mr. Charles West for a pictorial
overlay of the airspace proposal. On September 6, 2016, the FAA
provided a diagram of the proposed changes via email to Mr. West and
also to Senator Jeff Merkley, Mitch T. Swecker of the Oregon Department
of Aviation, and to Mary Rosenblum of the Oregon Pilots Association. No
other comments were received.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11A, dated August 3, 2016, and effective September 15, 2016, which
is incorporated by reference in 14 CFR

part 71.1. The Class E airspace designation listed in this document
will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by modifying Class E airspace extending upward from 700 feet
above the surface at Albany Municipal Airport, Albany, OR. Controlled
airspace extends to within a 6.7-mile radius of the airport to
accommodate IFR departures up to 1,200 feet above the surface; includes
a small extension to the southwest to accommodate IFR arrivals below
1,500 feet above the surface; and the segment east of longitude
123[deg] is removed, as there are no IFR operations within that area.
These modifications are necessary for the safety and management of IFR
operations at the airport, while preserving the navigable airspace for
aviation.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures'', paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

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

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

0
 1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1   [Amended]

0
 2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.11A, Airspace Designations and Reporting Points, dated August 3,
2016, and effective September 15, 2016, is amended as follows:

Paragraph 6005: Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth

* * * * *

ANM OR E5 Albany, OR [Modified]

Albany Municipal Airport, OR
    (Lat. 44[deg]38'16'' N., long. 123[deg]03'34'' W.)

    That airspace extending upward from 700 feet above the surface,
within a 6.7-mile radius of Albany Municipal Airport, beginning at
the 158[deg] bearing from the airport clockwise to the 022[deg]
bearing, thence to the point of beginning, and that airspace 1.4
miles each side of the 230[deg] bearing from the airport extending
from the 6.7-mile radius to 8.5 miles southwest of the airport.

    Issued in Seattle, Washington, on October 24, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-26437 Filed 11-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12164-12165]
[FR Doc No: 2022-04493]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0163; FRL-9408-01-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Uses--January 2022

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before April 4, 2022.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number and the File Symbol of the EPA registration
Number of interest as shown in the body of this document, through the
Federal eRulemaking Portal at http://www.regulations.gov. Follow the
online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Additional instructions on commenting or visiting the
docket, along with more information about dockets generally, is
available at https://www.epa.gov/dockets/about-epa-dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is open to visitors by
appointment only. For the latest status information on EPA/DC services
and access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), main telephone number:
(703) 305-7090, email address: [email protected]; or Marietta
Echeverria, Registration Division (RD) (7505P), main telephone number:
(703) 305-7090, email address: [email protected]. The mailing address
for each contact person: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each application summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

Notice of Receipt--New Uses

    1. File Symbol: 264-776 and 264-826. Docket ID number: EPA-HQ-OPP-
2021-0448. Applicant: Bayer CropScience LP, Bayer CropScience LP, 800 N
Lindbergh Boulevard, St. Louis, MO 63169. Active ingredient:
Trifloxystrobin. Product type: Fungicide. Proposed use: Dry bulb onion,
green onion, snap bean and crop group subgroup conversions and
expansions. Contact: RD.
    2. EPA Registration Number: 352-841. Docket ID number: EPA-HQ-OPP-
2022-0130. Applicant: E.I. du Pont de Nemours and Company, Chestnut
Plaza Run, 974 Centre Road, Wilmington, DE 19805. Active ingredient:
Chlorantraniliprole. Product type: Insecticide. Proposed use: Seed
treatment on sweet corn, sorghum, dried rice and dried peas. Contact:
RD.
    3. EPA Registration Number: 59639-198. Docket ID number: EPA-HQ-
OPP-2022-0101. Applicant: Valent U.S.A. LLC, 4600 Norris Canyon Road,
P.O. Box 5075, San Ramon, CA 94583-0975.

Active ingredient: Mandestrobin (2RS)-2-{2-[(2,5-
dimethylphenoxy)methyl] phenyl{time} -2-methoxy-N-methylacetamide.
Product type: Fungicide. Proposed use: Vegetable, tuberous and corm,
except potato, subgroup 1D. Contact: RD.
    4. EPA Registration Number: 59639-201. Docket ID number: EPA-HQ-
OPP-2022-0101. Applicant: Valent U.S.A. LLC, 4600 Norris Canyon Road,
P.O. Box 5075, San Ramon, CA 94583-0975. Active ingredient:
Mandestrobin (2RS)-2-{2-[(2,5-dimethylphenoxy)methyl] phenyl{time} -2-
methoxy-N-methylacetamide. Product type: Fungicide. Proposed use:
Vegetable, tuberous and corm, except potato, subgroup 1D. Contact: RD.
    5. EPA File Symbol: 73049-LEA. Docket ID number: EPA-HQ-OPP-2022-
0104. Applicant: Valent Biosciences LLC, 1910 Innovation Way, Suite
100, Libertyville, IL 60048. Active ingredient: Fenpropathrin at 4.0%;
abamectin at 1.5%; octanoic acid at 0.33%; nonanoic acid at 0.33%;
decanoic acid at 0.33%). Product type: Insecticide. Proposed Use: Wide-
area mosquito adulticide. Contact: RD.
    6. EPA Registration Numbers: 73314-6 and 73314-19. Docket ID
number: EPA-HQ-OPP-2022-0100. Applicant: Novozymes BioAg, Inc., 3101
Custer Avenue, Milwaukee, WI 53209. Active ingredient: Lipo-
chitooligosaccharides (LCOs) SP104. Product type: Biochemical Plant
Growth Regulator (PGR). Proposed use: New foliar and in-furrow
applications for terrestrial, greenhouse, and nursery use. Contact:
BPPD.
    7. EPA File Symbol: 90098-R. Docket ID number: EPA-HQ-OPP-2021-
0965. Applicant: Central Garden & Pet, P.O. Box 1019, Salem, VA 24153-
1019. Active ingredient: Transfluthrin. Product type: Insecticide.
Proposed Use: Outdoors and semi enclosed areas. Contact: RD.
    8. EPA Registration Number: 91473-1. Docket ID number: EPA-HQ-OPP-
2022-0127. Applicant: Seipasa, S.A., C/Almudevar, No. 2, Tardienta
(Huesca), 22240, Spain, (c/o Walter G. Talarek, PC, 5153 Allison
Marshall Drive, Warrenton, VA 20187). Active ingredient: Bacillus
subtilis strain IAB/BS03. Product type: Fungicide. Proposed use:
Interiorscape applications. Contact: BPPD.
    9. File Symbol: 95058-R. Docket ID number: EPA-HQ-OPP-2021-0966.
Applicant: Agroindustrial Kimitec S.L., Santa Marta, 13 Almeria, 04740,
Spain (c/o Compliance Services International, 7501 Bridgeport Way West,
Lakewood, WA 98499). Active ingredient: Eucalyptus Oil. Product type:
Insecticide/acaricide. Proposed use: For use on agricultural and
ornamental food and non-food crops. Contact: BPPD.

(Authority: 7 U.S.C. 136 et seq.)

    Dated: February 8, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-04493 Filed 3-2-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41114-41119]
[FR Doc No: 2015-17170]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75392; File No. SR-BX-2015-036]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX BX, Inc. Relating
to the Volume-Based and Multi-Trigger Threshold

July 8, 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 June 23, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    BX proposes to amend Chapter VII, Section 6, entitled ``Market
Maker Quotations,'' of the rules governing BX. The Exchange proposes to
adopt two new BX Market Maker \3\ optional risk protections, a volume-
based threshold and a multi-trigger threshold.\4\
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    \3\ The term ``BX Market Maker'' means a Participant that has
registered as a Market Maker on BX pursuant to Chapter VII, Section
2, and must also remain in good standing pursuant to Chapter VII,
Section 4.
    \4\ Market Makers will be required to continue to utilize the
Risk Monitor Mechanism in Chapter VI, Section 19, as is the case
today.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.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 the filing is to adopt two new risk protections for
BX Market Maker's to monitor marketplace risk. These protections are
intended to assist BX Market Makers to control their trading risks.\5\
Quoting across many series in an option creates the possibility of
``rapid fire'' executions that can create large, unintended principal
positions that expose BX Market Makers, who are required to
continuously quote in assigned options, to potentially significant
market risk. Today, the Exchange's rules permit BX Market Makers to
monitor risk arising from multiple executions across multiple options
series of a single underlying security.\6\
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    \5\ Pursuant to BX Rules at Chapter VII, Section 5, entitled
``Obligations of Market Makers'', in registering as a market maker,
an Options Participant commits himself to various obligations.
Transactions of a BX Market Maker must constitute a course of
dealings reasonably calculated to contribute to the maintenance of a
fair and orderly market, and Market Makers should not make bids or
offers or enter into transactions that are inconsistent with such
course of dealings. Further, all Market Makers are designated as
specialists on BX for all purposes under the Act or rules
thereunder. See Chapter VII, Section 2.
    \6\ See BX Chapter VI, Section 19, ``Risk Monitor Mechanism.''
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    The Exchange is proposing to offer a new volume-based and multi-
trigger threshold protection to BX Market Makers. The Exchange proposes
to amend BX's Rules at Chapter VII, Section 6(f) to establish: (1) A
threshold used to calculate each BX Market Maker's total volume
executed in all series of a given underlying security within a
specified time period and compares that to a pre-determined threshold
(``Volume-Based Threshold''), and (2) a threshold which measures the
number of times the System has triggered \7\ based on the Risk Monitor
Mechanism (``Percentage-Based Threshold'') pursuant to Chapter VI,
Section 19 and Volume-Based Thresholds within a specified time period
and compares that total to a pre-determined threshold (``Multi-Trigger
Threshold'').
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    \7\ A trigger is defined as the event which causes the System to
automatically remove all quotes in all options series in an
underlying issue.
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Volume-Based Threshold
    In connection with offering these two new threshold protections, a
BX Market Maker would provide a specified time period and volume
threshold number of allowable triggers by which the Exchange's System
would automatically remove the BX Market Maker's quotes in all options
series in an options class, depending on the threshold utilized,
submitted through designated BX protocols, as specified by the
Exchange. The Exchange counts Specialized Quote Feed (``SQF'') \8\
quotes only in determining the number of contracts traded and removed
by the System.
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    \8\ SQF permits the receipt of quotes. SQF Auction Responses and
Market Sweeps are also not included.
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    The Volume-Based Threshold will determine, during a specified time
period established by the BX Market Maker not to exceed 15 seconds
(``Volume-Based Specified Time Period''), whether a BX Marker Maker
executed a number of contracts which equals or exceeds the designated
number of contracts specified by the BX Market Maker in all series of
an underlying security to determine whether to remove the BX Market
Maker's quotes in all series of the underlying security.\9\ The Volume-
Based Threshold will be based on the total number of contracts executed
in the market in the same options series in an underlying security and
will not offset the number of contracts executed on the opposite side
of the market. Once the System determines that the number of contracts
executed equals or exceeds a number established by the BX Market Maker
during the Volume-Based Specified Time Period, the System will remove
the BX Market Maker's quotes. The Volume-Based Specified Time Period
designated by the BX Market Maker must be the same length of time as
designated for purposes of the Percentage-Based Threshold in Chapter
VI, Section 19.\10\
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    \9\ The System counter is based on trading interest resting on
the Exchange book.
    \10\ See proposed new Chapter VII, Section 6(f)(ii).
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    A Volume-Based Specified Time Period will commence for an option
every time an execution occurs in any series in such option and will
continue until the System automatically removes quotes as described in
newly proposed sections (f)(iv) or (f)(v) or the Volume-Based Specified
Time Period expires. The Volume-Based Specified Time Period operates on
a rolling basis among all series in an option in that there may be
multiple Volume-Based Specified Time Periods occurring simultaneously
and such Volume-Based Specified Time Periods may overlap.\11\
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    \11\ Id.
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Multi-Trigger Threshold
    A BX Market Maker or BX Market Maker Group, which is defined as
multiple affiliated BX Market Makers,\12\ may provide the specified
time period and number of allowable triggers by which the Exchange will
automatically remove quotes in all options series in all underlying
securities issues submitted

through designated BX protocols, as specified by the Exchange (``Multi-
Trigger Threshold''). During a specified time period established by the
BX Market Maker not to exceed 15 seconds (``Multi-Trigger Specified
Time Period''), the number of times the System automatically removes
the BX Market Maker's or Group's quotes in all options series will be
based on the number of triggers of the Percentage-Based Threshold,
described in proposed (f)(ii), as well as the Volume-Based Threshold
described in proposed (f)(ii).\13\ For purposes of this rule, a trigger
shall be defined as the event which causes the System to automatically
remove quotes in all options series in an underlying issue. Once the
System determines that the number of triggers equals or exceeds a
number established by either the BX Market Maker or Group, during a
Multi-Trigger Specified Time Period, the System will automatically
remove all quotes in all options series in all underlying issues for
that BX Market Maker or Group. A Multi-Trigger Specified Time Period
will commence after every trigger of either the Percentage-Based
Threshold or the Volume-Based Threshold and will continue until the
System removes quotes as described in section (f)(iv) of the proposed
rule or the Multi-Trigger Specified Time Period expires. Participants
may configure the Multi-Trigger Threshold at the badge level (by BX
Market Maker) or by Group (multiple affiliated BX Market Makers), but
not both. This is different as compared to the Percentage-Based
Threshold in Chapter VI, Section 19 or the newly proposed Volume-Based
Thresholds that are configured only on the badge level (by BX Market
Maker).\14\ The System counts triggers within a Multi-Trigger Specified
Time Period across all options for the BX Market Maker or Group. A
Multi-Trigger Specified Time Period operates on a rolling basis in that
there may be multiple Multi-Trigger Specified Time Periods occurring
simultaneously and such Multi-Trigger Specified Time Periods may
overlap.
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    \12\ This would be more than one BX Market Maker, but does not
require the aggregation of all of the Participant's Market Makers. A
Group would be comprised of BX Market Makers affiliated with one
Participant. The Participant would be required to define a Group by
providing a list of such affiliated BX Market Makers to the
Exchange.
    \13\ Today, ISE's functionality permits market maker quotes to
be removed from the ISE trading system if a specified number of
curtailment events occur across both ISE and ISE Gemini, LLC (``ISE
Gemini''). ISE and ISE Gemini's trading systems will count the
number of times a market maker's pre-set curtailment events occur on
each exchange and aggregate them. Once a market maker's specified
number of curtailment events across both markets is reached, the
trading systems will remove the market maker's quotes in all classes
on both ISE and ISE Gemini. ISE will then reject any quotes sent by
the market maker after the parameters across both exchanges have
been triggered until the market maker notifies the market operations
staff of ISE that it is ready to come out of its curtailment. See
Securities Exchange Release No. 73147 (September 19, 2014), 79 FR
57639 (September 25, 2014) (SR-ISE-2014-09) (Order approving
proposed rule change related to market maker risk parameters).
    \14\ See proposed new Chapter VII, Section 6(f)(iii).
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    The System will automatically remove quotes in all options in an
underlying security when the Volume-Based Threshold has been reached.
The System will automatically remove quotes in all options in all
underlying securities when the Multi-Trigger Threshold has been
reached.\15\ The System will send a Purge Notification Message \16\ to
the BX Market Maker for all affected options when the above thresholds
have been reached.
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    \15\ The specified time period for the Volume-Based Threshold
and the Multi-Trigger Threshold may differ. The specified time
period for the Volume-Based Threshold must be the same as the
Percentage-Based Threshold in Chapter VI, Section 19.
    \16\ A message entitled ``Purge Notification Message'' is
systemically sent to the BX Marker Maker upon the removal of quotes
due to Volume-Based Threshold or Multi-Trigger Threshold.
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    The two thresholds, Volume-Based Threshold and Multi-Trigger
Threshold, operate independently of each other. The triggering of the
Volume-Based Threshold would occur independently of the Multi-Trigger
Threshold. The Multi-Trigger Threshold is somewhat dependent on the
Volume-Based Threshold to the extent that the Volume-Based Threshold
serves as a trigger for the Multi-Trigger Threshold. Quotes will be
automatically executed up to the BX Market Maker's size regardless of
whether the quote exceeds the Volume-Based Threshold.\17\
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    \17\ See proposed new Chapter VII, Section 6(f)(iii).
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    If a BX Market Maker requests the System to remove quotes in all
options series in an underlying issue, the System will automatically
reset the Volume-Based Specified Time Period(s). The Multi-Trigger
Specified Time Period(s) will not automatically reset for the Multi-
Trigger Threshold.\18\
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    \18\ See proposed new Chapter VII, Section 6(f)(iv).
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    When the System removes quotes as a result of the Volume-Based
Threshold, the BX Market Maker must send a re-entry indicator to re-
enter the System. When the System removes quotes as a result of the
Multi-Trigger Threshold, the System will not accept quotes through
designated protocols until the BX Market Maker manually requests re-
entry.\19\ After quotes are removed as a result of the Multi-Trigger
Threshold, Exchange staff must set a re-entry indicator in this case to
enable re-entry, which will cause the System to send a Reentry
Notification Message to the BX Market Maker for all options series in
all underlying issues.\20\ The BX Market Maker's Clearing Firm will be
notified regarding the trigger and re-entry into the System after
quotes are removed as a result of the Multi-Trigger Threshold, provided
the BX Market Maker's Clearing Firm has requested to receive such
notification.\21\ The System will then reset all counters to zero and
re-entry and continued trading will be permitted. A BX Market Maker is
subject to continuous quoting obligations \22\ despite the removal of
quotes from the System and approval process for re-entry.
---------------------------------------------------------------------------

    \19\ In the interest of maintaining fair and orderly markets,
the Exchange believes it is important that BX Market Makers
communicate their readiness to Exchange staff in a non-automated
manner, such as by email or telephone.
    \20\ See proposed new Chapter VII, Section 6(f)(v).
    \21\ BX Rules at Chapter VI, Section 20 permits the Exchange to
share BX MarketMaker designated risk settings in the System with the
Clearing Firm.
    \22\ See note 5.
---------------------------------------------------------------------------

    Today, the Exchange provides BX Market Makers with the Percentage-
Based Threshold in Chapter VI, Section 19 to monitor risk.\23\ The
Exchange will continue to require BX Market Makers to utilize the
Percentage-Based Threshold. The Volume-Based Threshold and the Multi-
Trigger Threshold will be optional.
---------------------------------------------------------------------------

    \23\ An initial default value is set for each BX Market Maker.
---------------------------------------------------------------------------

    The Exchange reserved subsection (f)(i) for future modifications to
this rule.
    The Exchange proposes to implement these rule changes within 30
days of the operative day of this rule change.
    Example #1 of the Volume-Based Threshold is displayed below.
Presume the following Order Book:

------------------------------------------------------------------------
                                                           Size on bid x
                Series of underlying XYZ                   offer for MM1
------------------------------------------------------------------------
100 Strike Call.........................................         300x300
100 Strike Put..........................................           50x50
110 Strike Call.........................................         200x200
110 Strike Put..........................................         150x150
------------------------------------------------------------------------

In this example, assume the Specified Time Period designated by the
Market Maker #1 is 10 seconds and the designated number of contracts
permitted for the Volume-Based Threshold is 250 contracts. Assume at
12:00:00, the Market Maker #1 executes all of his offer size, 200
contracts, in the 110 Strike Calls. The System will initiate the
Specified Time Period and for 10 seconds the System will count all
volume executed in series of underlying XYZ. If at any point during
that 10 second period, the Market Maker #1 executes additional
contracts in any series of underlying XYZ, those contracts will be
added to the initial execution of 200 contracts. To illustrate,

assume at 12:00:05 the Market Maker #1 executes 60 contracts of his
offer in the 100 Strike Calls. The total volume executed is now 260
contracts. Since that volume exceeds the Market Maker #1's designated
number of contracts for the Volume-Based Threshold (250 contracts), all
of his quotes in all series of underlying XYZ over the designated
protocols will be removed from the System; no further quotes will be
executed until re-entry. The Volume-Based Specified Time Period will be
reset for Market Maker #1 in underlying XYZ and Market Maker #1 will
need to send a re-entry indicator in order to re-enter quotes in
options series for underlying XYZ into the System.
    Example #2 of the Volume-Based Threshold: Similar to the example
above, assume the Specified Time Period is 10 seconds and the
designated number of contracts permitted for the Volume-Based Threshold
is 250 contracts. Assume at 12:00:00, Market Maker #1 executes all of
his offer size, 200 contracts, in the 110 Strike Calls. The System will
initiate the Specified Time Period and for 10 seconds the System will
count all volume executed in series of underlying XYZ. If at any point
during that 10 second period, Market Maker #1 executes additional
contracts in any series of underlying XYZ, those contracts will be
added to the initial execution of 200 contracts. Then assume at
12:00:05 Market Maker #1 executes 20 contracts of his offer in the 100
Strike Calls. The total volume executed is 220 contracts which does not
exceed the Volume-Based Threshold. This second execution initiates
another Specified Time Period so there are two open time periods, the
first with 5 seconds remaining and a new 10 second time period. At
12:00:10, the first timer period expires and the initial execution of
200 contracts is no longer counted toward the designated number of
contracts permitted for the Volume-Based Threshold. Further assume at
12:00:12, which is outside of the initial time period but still within
10 seconds of the second execution of 20 contracts, another execution
occurs with Market Maker #1 executing 230 contracts of his bid in the
100 Strike Calls. This total volume executed toward the Volume-Based
Threshold within the Specified Time Period is now 250 contracts which
equals the designated number of contracts permitted causing the System
to remove all quotes in all series of underlying XYZ over the
designated protocols for Market Maker #1 to be removed from the System;
no further quotes will be executed until re-entry. The Volume-Based
Specified Time Period will be reset for Market Maker #1 in underlying
XYZ and Market Maker #1 will need to send a re-entry indicator in order
to re-enter quotes in options series for underlying XYZ into the
System. This example displays the rolling basis in which the Specified
Time Period operates.
    Example #3: In order to illustrate the Multi-Trigger Threshold,
assume Example #1 and Example #2 provided above occurred in options
series of two different underlyings rather than all in options series
of underlying XYZ and for two separate Market Makers (MM#1 for Example
#1 and MM#2 for Example #2) of the same member organization. Assume a
Group is defined by the member organization and is comprised of the MM
#1 and MM #2. Further assume the member organization has defined the
Multi-Trigger Specified Time Period as 10 seconds and the number of
allowable triggers as two. Based on the aforementioned examples, a
Multi-Trigger Specified Time Period commences at 12:00:05 when MM#1
triggers the Volume-Based Threshold. This Volume-Based Threshold
triggers counts as the first trigger toward the Multi-Trigger Threshold
for the Group. Another Multi-Trigger Specified Time Period is initiated
at 12:00:12 when MM#2 triggers the Volume-Based Threshold (per Example
#2). This Volume-Based Threshold trigger counts as the second trigger
toward the Multi-Trigger Threshold for the Group since it is within the
Multi-Trigger Specified Time Period of the first trigger. Since the
member organization designated two triggers for the number of allowable
triggers, the Group, both MM#1 and MM#2, quotes in all option series in
all underlying issues for the Group are automatically removed from the
System and Purge Notification Messages are sent to the Group; no
further quotes will be executed until re-entry. The member organization
will need to contact the Exchange to request Exchange staff to enable
re-entry into the System.
    The Exchange proposes to implement this rule within thirty (30)
days of the operative date. The Exchange will issue an Options Trader
Alert in advance to inform market participants of such date.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \24\ in general, and furthers the objectives of Section
6(b)(5) of the Act \25\ 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, by enhancing the risk protections available to Exchange
members. The proposal promotes policy goals of the Commission which has
encouraged execution venues, exchange and non-exchange alike, to
enhance risk protection tools and other mechanisms to decrease risk and
increase stability.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78(b)(5).
---------------------------------------------------------------------------

    The individual firm benefits of enhanced risk protections flow
downstream to counter-parties both within and without the Exchange,
thereby increasing systemic protections as well. Additionally, because
the Exchange offers these risk tools to BX Market Makers, in order to
encourage them to provide as much liquidity as possible and encourage
market making generally, the proposal removes impediments to and
perfects the mechanism of a free and open market and a national market
system and protect investors and the public interest.
    With respect to permitting the Multi-Trigger Threshold to be set
either to one BX Market Maker or to a number of specified BX Market
Makers affiliated with a member, it is important to note that the risk
to BX Market Makers is not limited to a single series in an option but
to all series in an option. BX Market Makers that quote in multiple
series of multiple options have significant exposure, requiring them to
offset or hedge their overall positions. The proposed functionality
will be useful for BX Market Makers, who are required to continuously
quote in assigned options classes on the Exchange. Quoting across many
series in an option or multiple options creates the possibility of
executions that can create large, unintended principal positions that
could expose market makers to unnecessary risk. The Multi-Trigger
Threshold functionality is intended to assist BX Market Makers manage
that risk at the Group level so that BX Market Makers may provide deep
and liquid markets to the benefit of all investors.
    The Exchange further represents that its proposal will operate
consistently with the firm quote obligations of a broker-dealer
pursuant to Rule 602 of Regulation NMS and that the functionality is
not mandatory. Specifically, any interest that is executable against a
BX Market Maker's

quotes that are received \26\ by the Exchange prior to the time either
of these functionalities are engaged will be automatically executed at
the price up to the BX Market Maker's size, regardless of whether such
execution results in executions in excess of the BX Market Maker's pre-
set parameters.
---------------------------------------------------------------------------

    \26\ The time of receipt for an order or quote is the time such
message is processed by the Exchange book.
---------------------------------------------------------------------------

    With respect to providing risk settings to the BX Market Maker's
Clearing Member, each Member that transacts through a Clearing Member
on the Exchange executes a Letter of Guarantee wherein the Clearing
Member accepts financial responsibility for all Exchange transactions
made by the Participant on whose behalf the Clearing Member submits the
letter of guarantee. The Exchange believes that because Clearing
Members guarantee all transactions on behalf of a Participant, and
therefore, bear the risk associated with those transactions, it is
appropriate for Clearing Members to have knowledge of what risk
settings a BX Market Maker may utilize within the System and receive
notice of re-entry into the System after triggering the Multi-Trigger
Threshold.

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. Specifically, the proposal will
not impose a burden on intra-market or inter-market competition, rather
it provides BX Market Makers with the opportunity to avail themselves
of similar risk tools which are currently available on other
exchanges.\27\ The proposal does not impose a burden on inter-market
competition, because Participants may choose to become market makers on
a number of other options exchanges, which may have similar but not
identical features.\28\ The proposed rule change is meant to protect BX
Market Makers from inadvertent exposure to excessive risk. Accordingly,
the proposed rule change will have no impact on competition.
---------------------------------------------------------------------------

    \27\ See Section 8 of the 19b4.
    \28\ See BATS Rule 21.16, BOX Rules 8100 and 8110, C2 Rule 8.12,
CBOE Rule 8.18, ISE Rule 804(g), MIAX Rule 612, NYSE MKT Rule 928NY
and NYSE Arca Rule 6.40.
---------------------------------------------------------------------------

    Further, the Exchange is proposing this rule change at the request
of its BX Market Makers to further reduce their risk in the event the
BX Market Maker is suffering from a systems issue or due to the
occurrence of unusual or unexpected market activity. The proposed Group
parameter for the Multi-Trigger threshold will protect BX Market Makers
from inadvertent exposure to excessive risk at the Group level.
Reducing such risk will enable BX Market Makers to enter quotations
without any fear of inadvertent exposure to excessive risk, which in
turn will benefit investors through increased liquidity for the
execution of their orders. Such increased liquidity benefits investors
because they receive better prices and because it lowers volatility in
the options market.
    The Exchange believes that requiring BX Market Makers to enter
values for the Percentage-Based Threshold is not unreasonably
burdensome because BX Market Makers can enter an out-of-range value so
that the Exchange-provided risk protections will not be triggered.
Reducing risk by utilizing the proposed risk protections will enable BX
Market Makers to enter quotations with larger size, which in turn will
benefit investors through increased liquidity for the execution of
their orders. Such increased liquidity benefits investors because they
receive better prices and because it lowers volatility in the options
market.

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 \29\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\30\ The Exchange has
requested that the Commission waive the thirty-day operative delay so
that the proposal may become operative immediately. The Exchange states
that waiving the thirty-day operative delay will enable Market Makers
to enhance their risk controls and risk management processes without
additional delay. The Commission believes that waiving the thirty day
delay is consistent with the protection of investors and the public
interest. Therefore, the Commission hereby waives the thirty-day
operative delay and designates the proposal effective upon filing.\31\
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \30\ 17 CFR 240.19b-4(f)(6).
    \31\ For purposes of waiving the 30-day operative delay, the
Commission 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: (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. The Exchange has
provided 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.

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-2015-036 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2015-036. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of

10:00 a.m. and 3:00 p.m. Copies of 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; 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-BX-2015-036 and should be
submitted on or before August 4, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-17170 Filed 7-13-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Notices]
[Pages 8611-8615]
[FR Doc No: 2013-02562]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30374; File No. 813-374]

WINCO Investment Partnership 2008 L.P. and Winstead PC; Notice of
Application

January 31, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under sections 6(b) and 6(e)
of the Investment Company Act of 1940 (the ``Act'') granting an
exemption from all provisions of the Act, except section 9 and sections
36 through 53, and the rules and regulations thereunder. With respect
to sections 17 and 30 of the Act, and the rules and regulations
thereunder, and rule 38a-1 under the Act, the exemption is limited as
set forth in the application.

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

Summary of Application:  Applicants request an order to exempt certain
investment funds formed for the benefit of eligible current and former
equity shareholders of Winstead PC from certain provisions of the Act.
Each investment fund will be an ``employees' securities company''
within the meaning of section 2(a)(13) of the Act.

Applicants: WINCO Investment Partnership 2008 L.P. (the ``Investment
Fund'') and Winstead PC (together with any entity that results from a
reorganization of such firm into a different type of business
organization or into an entity organized under the laws of another
jurisdiction, the ``Firm'').

DATES: Filing Dates: The application was filed on September 24, 2008
and amended on September 28, 2009, June 25, 2010, and November 1, 2012.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on February 25, 2013 and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090; WINCO Investment Partnership
2008 L.P. and Winstead PC, 500 Winstead Building, 2728 N. Harwood
Street, Dallas, Texas 75201.

FOR FURTHER INFORMATION CONTACT:  Jill Ehrlich, Attorney Adviser, at
(202) 551-6819, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Firm is a law firm organized as a Texas professional
corporation. The Firm and its affiliates, if any, as defined in rule
12b-2 under the Securities Exchange Act of 1934 (the ``Exchange Act''),
are referred to collectively as the ``Winstead Group'' and individually
as a ``Winstead Entity.'' As a professional corporation, the Firm's
equity owners are shareholders (the ``Equity Shareholders'').
    2. The Investment Fund is a Texas limited partnership. Subsequent
pooled investment vehicles identical in all material respects (other
than investment objectives and strategies, operational differences
related to the form of organization and other differences described in
the application) may be offered in the future to the same class of
investors as those investing in the Investment Fund (the ``Subsequent
Funds''). The Investment Fund and each of the Subsequent Funds
(together, the ``Funds'') will be an employees' securities company
within the meaning of section 2(a)(13) of the Act. The Funds will
operate as non-diversified, closed-end management investment companies.
The Investment Fund has been, and each Subsequent Fund will be,
established to enable Eligible Investors (as defined below) to
participate in certain investment opportunities that come to the
attention of the Winstead Group. Participation as investors in the
Funds will allow the Eligible Investors to diversify their investments
and to have the opportunity to participate in investments that might
not otherwise be available to them or that might be beyond their
individual means. Participation in any Fund will be voluntary.
    3. The Investment Fund's general partner, WINCO Asset Services,
Inc., a Texas corporation and wholly-owned subsidiary of The WINCO
Group Incorporated, a Texas corporation and a Winstead Entity, will
manage the Investment Fund. The Investment Fund's general partner or
another Winstead Entity will manage each Subsequent Fund (such general
partner or Winstead Entity, the ``Manager''). The Manager may designate
an advisory board composed of, among others, the members of the Firm's
executive committee, its department heads and other designated
shareholders of the Firm (the ``Investment Committee''). The Investment
Committee may be consulted for purposes of identifying and assessing
investments which come to a Fund's attention through the Firm. The
Manager or any person involved in the operation of the Funds will
register as an investment adviser if required under the Investment
Advisers Act of 1940, or the rules thereunder. The applicants represent
and concede that the Manager in managing a Fund is an ``investment
adviser'' within the meaning of sections 9 and 36 of the Act and is
subject to those sections.
    4. The Firm will control the Funds within the meaning of the Act.
The Firm, the Manager, the members of the Investment Committee, and any
other person acting for or on behalf of a Fund shall act in the best
interest of the Fund and its Fund Investors (as defined below).
Whenever the Firm, the Manager, the members of the Investment
Committee, or any other person acting for or on behalf of the Funds is
required or permitted to make a decision, take or approve an action, or
omit to do any of the foregoing in such person's discretion, then such
person shall exercise such discretion in accordance with reasonableness
and good faith and any fiduciary duties owed to the Funds and the Fund
Investors. The organizational documents for and any other contractual
arrangement regarding a Fund will not contain any provision which
protects or purports to protect the Firm, the Manager, the members of
the Investment Committee, or their delegates against any liability to
the Fund or its Fund Investors to which such person would otherwise be
subject by reason of willful misfeasance, bad faith, or gross
negligence in the

performance of such person's duties, or by reason of such person's
reckless disregard of such person's obligations and duties under such
contract or organizational documents.
    5. Interests in a Fund (``Interests'') will be offered without
registration in reliance on section 4(2) of the Securities Act of 1933
(the ``Securities Act'') or Regulation D under the Securities Act
(``Regulation D''). Interests will be offered solely to Eligible
Investors, who consist of ``Eligible Employees,'' ``Qualified
Investment Vehicles'' (each as defined below), and the Winstead Group.
Prior to offering Interests in a Fund to an individual, the Manager
must reasonably believe that the individual is a sophisticated investor
capable of understanding and evaluating the risks of participating in
the Fund without the benefit of regulatory safeguards. The term ``Fund
Investors'' refers to the Eligible Investors who elect to participate
and then acquire Interests in the Funds.
    6. An ``Eligible Employee'' is a person who is a current or former
Equity Shareholder of the Firm and who, at the time of investment, is
also an employee of the Winstead Group. Each Eligible Employee must be
an ``accredited investor'' meeting the net worth requirement set forth
in rule 501(a)(5), or the income requirement of rule 501(a)(6) of
Regulation D, or is one of 35 or fewer Eligible Employees who (a) meets
the sophistication requirements set forth in rule 506(b)(2)(ii) of
Regulation D, has a graduate degree, a minimum of 3 years business and/
or professional experience, and compensation of at least $150,000 in
the preceding 12 month period and a reasonable expectation of
compensation of at least $150,000 in each of the two immediately
succeeding 12 month periods,\1\ or (b) is a ``knowledgeable employee,''
as defined in rule 3c-5 under the Act, of the Fund (with the Fund
treated as though it were a ``Covered Company'' for purposes of the
rule).
---------------------------------------------------------------------------

    \1\ Such Eligible Employee will not be permitted to invest in
any calendar or fiscal year (as determined by the Firm) more than
10% of his or her income from all sources for the immediately
preceding calendar or fiscal year in one or more Funds.
---------------------------------------------------------------------------

    7. A ``Qualified Investment Vehicle'' is: (a) A partnership,
corporation or other entity all of the voting power of which is
controlled by Eligible Employees, or (b) a trust or other entity the
sole beneficiaries of which are Eligible Employees or their Immediate
Family Members, or the settlors and the trustees of which consist of
Eligible Employees or Eligible Employees together with Immediate Family
Members. ``Immediate Family Members'' include any parent, child, spouse
of a child, spouse, brother or sister, and includes any step and
adoptive relationships. A Qualified Investment Vehicle must be either
(a) an ``accredited investor'' as defined in rule 501(a) of Regulation
D or (b) an entity for which an Eligible Employee is a settlor and
principal investment decision-maker and which is counted toward the 35
non-accredited Fund Investors.\2\
---------------------------------------------------------------------------

    \2\ If a Qualified Investment Vehicle is an entity other than a
trust, (a) the reference to ``settlor'' shall be construed to mean
an Eligible Employee (alone or with Immediate Family Members) who
created the vehicle, alone or together with others, and also
contributed funds or other assets to the vehicle, and (b) the
reference to ``trustee'' shall be construed to mean a person who
performs functions similar to those of a trustee.
---------------------------------------------------------------------------

    8. The Manager will provide to each Fund Investor a copy of the
organizational documents and any offering memorandum relating to the
Fund, prior to his or her investment in the Fund. Additionally, all
material terms of the Funds will be fully disclosed to Eligible
Investors prior to their investment in a Fund. Each Fund will send its
Fund Investors annual reports, which will contain audited financial
statements, as soon as practicable after the end of each fiscal
year.\3\ In addition, as soon as practicable after the end of each
fiscal year, each Fund will transmit to each Fund Investor a report
setting out information with respect to that Fund Investor's
distributive share of income, gains, losses, credits and other items
for federal and state income tax purposes.
---------------------------------------------------------------------------

    \3\ For purposes of this requirement, ``audit'' shall have the
meaning defined in rule 1-02(d) of Regulation S-X.
---------------------------------------------------------------------------

    9. A Fund Investor will be permitted to transfer his or her
Interests only with the express consent of the Manager. The Manager
does not anticipate giving such consent. Any such transfer must be to
another Eligible Investor. Upon a Fund Investor's death or divorce,
such Fund Investor's estate, heirs or spouse, as applicable, will
succeed to the Interest of such Fund Investor and shall possess the
economic attributes of the Fund Investor's Interest in the Fund, but
shall not be admitted as a substitute Fund Investor.
    10. The Firm reserves the right to impose vesting provisions on a
Fund Investor's investments in a Fund. In an investment program that
provides for vesting provisions, all or a portion of a Fund Investor's
Interests will be treated as ``unvested,'' and ``vesting'' will occur
through the passage of a specified period of time. A Fund Investor's
Interests that are or become ``vested'' will not be subject to
repurchase by the Fund except to the extent that a Fund Investor
withdraws from the applicable Fund. Any portion of a Fund Investor's
Interests that are ``unvested'' at the time of the termination of a
Fund Investor's association or employment with the Firm (or at the time
of that Fund Investor's failure to achieve the relevant performance
milestone) are subject to repurchase or cancellation by the Fund. In
the event of such a repurchase or cancellation, the Fund Investor will
receive, at a minimum, the lesser of (a) the amount actually allocated
to such Fund Investor by the Fund at the time the Interests are
acquired less the amount of any distributions received by that Fund
Investor from the Fund and (b) the fair market value of the Interests
determined at the time of repurchase or cancellation, as determined in
good faith by the Manager.
    11. The Firm may be reimbursed by the Funds for reasonable and
necessary out-of-pocket costs directly associated with the organization
and operation of the Funds, including administrative and overhead
expenses. In addition, the Firm may allocate to a Fund any out-of-
pocket expenses specifically attributable to the organization and the
operation of that Fund. There will be no allocation of any of the
Firm's operating expenses to a Fund. No separate management fee will be
charged to a Fund by the Manager, and no compensation will be paid by a
Fund or by Fund Investors to the Manager for its services. Also, no fee
of any kind will be charged in connection with the sale of Interests of
the Funds.
    12. A Fund will not borrow from any person if such borrowing would
cause any person not named in section 2(a)(13) of the Act to own
outstanding securities of the Fund (other than short-term paper). Any
such borrowing will be non-recourse to the Fund Investors. If a
Winstead Entity or an Equity Shareholder makes a loan to a Fund, the
interest rate on the loan will be no less favorable to the Fund than
the rate that could be obtained on an arm's-length basis.
    13. No Fund will acquire any security issued by a registered
investment company if, immediately after the acquisition, the Fund
would own more than 3% of the outstanding voting stock of the
registered investment company.

Applicants' Legal Analysis

    1. Section 6(b) of the Act provides, in part, that the Commission
may, by order upon application, conditionally or unconditionally exempt
any ``employees' securities company'' from the provisions of the Act,
if and to the

extent that such exemption is consistent with the protection of
investors. Section 6(b) provides that the Commission will consider, in
determining the provisions of the Act from which the company should be
exempt, the company's form of organization and capital structure, the
persons owning and controlling its securities, the price of the
company's securities and the amount of any sales load, how the
company's funds are invested, and the relationship between the company
and the issuers of the securities in which it invests. Section 2(a)(13)
defines an employees' securities company as any investment company all
of whose securities (other than short-term paper) are beneficially
owned (a) by current or former employees, or persons on retainer, of
one of more affiliated employers, (b) by immediate family members of
such person, or (c) by such employer or employers, together with any of
the persons in (a) or (b).
    2. Section 7 of the Act generally prohibits investment companies
that are not registered under section 8 of the Act from selling or
redeeming their securities. Section 6(e) provides that, in connection
with any order exempting an investment company from any provision of
section 7, certain provisions of the Act, as specified by the
Commission, will be applicable to the company and other persons dealing
with the company as though the company were registered under the Act.
Applicants request an order under sections 6(b) and 6(e) of the Act
exempting the Funds from all provisions of the Act, except section 9
and sections 36 through 53, and the rules and regulations under the
Act. With respect to sections 17 and 30 of the Act, and the rules and
regulations thereunder, and rule 38a-1 under the Act, the exemption is
limited as set forth in the application.
    3. Section 17(a) of the Act generally prohibits any affiliated
person of a registered investment company, or any affiliated person of
an affiliated person, acting as principal, from knowingly selling any
security or other property to the investment company or knowingly
purchasing a security or other property from the investment company.
Applicants request an exemption from section 17(a) to permit a Fund to:
(a) Purchase, from the Firm or any affiliated person thereof,
securities or interests in properties previously acquired for the
account of the Firm or any affiliated person thereof; (b) sell, to the
Firm or any affiliated person thereof, securities or interests in
properties previously acquired by the Funds; (c) invest in companies,
partnerships or other investment vehicles offered, sponsored or managed
by the Firm or any affiliated person thereof; (d) purchase interests in
any company or other investment vehicle: (i) in which the Firm owns 5%
or more of the voting securities; or (ii) that otherwise is an
affiliated person of the Fund (or an affiliated person of such an
affiliated person) or the Firm; and (e) participate as a selling
security-holder in a public offering in which the Firm or any
affiliated person thereof acts as or represents a member of the selling
group.
    4. Applicants submit that an exemption from section 17(a) is
consistent with the protection of investors and the purposes of the
Act. Applicants state that the Fund Investors will be informed in the
Fund's communications relating to a particular investment opportunity
of the possible extent of the Fund's dealings with the Firm or any
affiliated person thereof, and Eligible Investors, as financially
sophisticated professionals and investors, will be able to evaluate the
risks associated with those dealings. Applicants also assert that a
community of interest among the Fund Investors and the Firm will serve
to reduce the risk of abuse in transactions involving a Fund and the
Firm or any affiliated person thereof.
    5. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
any affiliated person of a registered investment company, or any
affiliated person of an affiliated person, acting as principal, from
participating in any joint arrangement with the company unless
authorized by the Commission. Applicants request relief to permit a
Fund to engage in transactions in which an affiliated person (or an
affiliated person of such person) participates as a joint participant
with such Fund. Joint transactions in which a Fund could participate
include the following: (a) An investment by one or more Funds in a
security: (i) In which the Firm or an affiliated person thereof
(including Eligible Employees) or another Fund is a participant or
plans to become a participant; or (ii) with respect to which the Firm
or any affiliated person thereof is entitled to receive fees of any
kind, including, but not limited to legal fees, consulting fees,
placement fees, investment banking fees or brokerage commissions, or
other economic benefits or interests; (b) an investment by one or more
Funds in an investment vehicle sponsored, offered or managed by the
Firm or any affiliated person thereof; and (c) an investment by one or
more Funds in a security in which an affiliated person of the Fund, or
an affiliated person of such a person, is a participant or plans to
become a participant, including situations in which that person has a
partnership or other interest in, or compensation arrangement with, the
issuer, sponsor or offeror of the security.
    6. Applicants assert that compliance with section 17(d) would cause
the Funds to forego investment opportunities simply because a Fund
Investor, the Firm or other affiliated persons of the Fund also had
made or is contemplating making a similar investment. In addition,
because attractive investment opportunities of the types considered by
the Funds often require that each participant make available funds in
an amount that may be substantially greater than that available to the
investor alone, there may be certain attractive opportunities of which
a Fund may be unable to take advantage except as a co-participant with
other persons, including affiliates. Applicants note that, in light of
the Firm's purpose of establishing the Funds so as to reward Eligible
Investors and to attract highly qualified personnel to the Firm, the
possibility is minimal that an affiliated party investor will enter
into a transaction with a Fund structured to provide such person with
an unfair advantage over the Fund. Applicants assert that the
flexibility to structure co-investments and joint investments will not
involve abuses of the type section 17(d) and rule 17d-1 were designed
to prevent.
    7. Section 17(f) of the Act designates the entities that may act as
investment company custodians, and rule 17f-2 under the Act allows an
investment company to act as self-custodian, subject to certain
requirements. Applicants request an exemption from section 17(f) and
rule 17f-2 to permit the following exceptions from the requirements of
rule 17f-2: (a) Compliance with paragraph (b) of the rule may be
achieved through safekeeping in the locked files of the Firm or of an
Eligible Employee; (b) for purposes of paragraph (d) of the rule: (i)
Employees of the Firm will be deemed employees of the Funds; (ii)
officers of a Manager will be deemed to be officers of such Fund; and
(iii) the Manager of a Fund will be deemed to be the board of directors
of such Fund; and (c) instead of the verification procedure under
paragraph (f) of the rule, verification will be effected quarterly by
two senior level employees of the Firm. Applicants assert that the
securities held by the Funds are most suitably kept in the Firm's
files, where they can be referred to as necessary.
    8. Section 17(g) of the Act and rule 17g-1 under the Act generally
require the bonding of officers and employees of

a registered investment company who have access to its securities or
funds. Rule 17g-1 requires that a majority of directors who are not
interested persons take certain actions and give certain approvals
relating to fidelity bonding. Paragraph (g) of rule 17g-1 sets forth
certain materials relating to the fidelity bond that must be filed with
the Commission and certain notices relating to the fidelity bond that
must be given to each member of the investment company's board of
directors. Paragraph (h) of rule 17g-1 provides that an investment
company must designate one of its officers to make the filings and give
the notices required by paragraph (g). Paragraph (j) of rule 17g-1
exempts a joint insured bond provided and maintained by an investment
company and one or more other parties from section 17(d) of the Act.
Rule 17g-1(j)(3) requires that the board of directors of an investment
company satisfy the fund governance standards defined in rule 0-
1(a)(7).
    9. Applicants request an exemption from section 17(g) and rule 17g-
1 to the extent necessary to permit the Manager to take the action and
make the approvals set forth in the rule. Because the Manager will be
an interested person of the Funds, the Funds would not be able to
comply with rule 17g-1 without the requested relief. Applicants also
request an exemption from the requirements of rule 17g-1(g) and (h)
relating to the filing of copies of fidelity bonds and related
information with the Commission and the provision of notices to the
board of directors and from the requirements of rule 17g-1(j)(3).
Applicants believe that the filing requirements are burdensome and
unnecessary as applied to the Funds. The Manager will maintain the
materials otherwise required to be filed with the Commission by rule
17g-1(g) and agrees that all such material will be subject to
examination by the Commission and its staff. The Manager will designate
a person to maintain the records otherwise required to be filed with
the Commission under paragraph (g) of the rule. Applicants maintain
that the notices otherwise required to be given to each member of the
board of directors would be unnecessary as the Funds will not have
boards of directors. The Funds will comply with all the other
requirements of rule 17g-1.
    10. Section 17(j) of the Act and paragraph (b) of rule 17j-1 under
the Act make it unlawful for certain enumerated persons to engage in
fraudulent or deceptive practices in connection with the purchase or
sale of a security held or to be acquired by a registered investment
company. Rule 17j-1 also requires that every registered investment
company adopt a written code of ethics and that every access person of
a registered investment company report personal securities
transactions. Applicants request an exemption from the requirements of
rule 17j-1, with the exception of the anti-fraud provisions of rule
17j-1(b), because they would be time-consuming and expensive and would
serve little purpose in light of the community of interests among the
Fund Investors by virtue of their common association with the Firm.
Applicants assert that the requested exemption is consistent with the
purposes of the Act because the dangers against which section 17(j) and
rule 17j-1 are intended to guard are not present in the case of the
Funds.
    11. Applicants request exemption from the requirements in sections
30(a), 30(b), and 30(e) of the Act, and the rules under those sections,
that registered investment companies file with the Commission and mail
to their shareholders certain periodic reports and financial
statements. Applicants state that the forms prescribed by the
Commission for periodic reports have little relevance to the Funds and
would entail administrative and legal costs that outweigh any benefit
to the Fund Investors. Applicants request exemptive relief to the
extent necessary to permit each Fund to report annually to its Fund
Investors in the manner prescribed for the Fund by its Fund Agreement.
Applicants also request an exemption from section 30(h) of the Act to
the extent necessary to exempt the executive officers and directors of
the Manager and the Manager and any other persons who may be deemed to
be members of an advisory board of a Fund from filing Forms 3, 4 and 5
under section 16 of the Exchange Act with respect to their ownership of
Interests in the Funds. Applicants assert that, because there is no
trading market for Interests and transferability of Interests is
severely restricted, these filings are unnecessary for the protection
of investors and would be burdensome to those who would be required to
file them.
    12. Rule 38a-1 requires investment companies to adopt, implement,
and periodically review written policies and procedures reasonably
designed to prevent violation of federal securities laws, appoint a
chief compliance officer and maintain certain records. The Funds will
comply with rule 38a-1(a), (c) and (d), except that (a) the Manager of
each Fund will fulfill the responsibilities assigned to the Fund's
board of directors under the rule, and (b) since the Manager would be
considered an interested person of the Funds, approval by a majority of
disinterested directors required by rule 38a-1 will not be obtained. In
addition, the Funds will comply with the requirement in rule 38a-
1(a)(4)(iv) that the chief compliance officer meet with the independent
directors by having the chief compliance officer meet with the Manager.

Applicants' Conditions

    The applicants agree that any order granting the requested relief
will be subject to the following conditions:
    1. Each proposed transaction to which a Fund is a party otherwise
prohibited by section 17(a) or section 17(d) and rule 17d-1 (each a
``Section 17 Transaction'') will be effected only if the Manager
determines that: (a) The terms of the Section 17 Transaction, including
the consideration to be paid or received, are fair and reasonable to
the Fund Investors of the participating Fund and do not involve
overreaching of the Fund or its Fund Investors on the part of any
person concerned; and (b) the Section 17 Transaction is consistent with
the interests of the Fund Investors of the participating Fund, the
Fund's organizational documents and the Fund's reports to its Fund
Investors.
    In addition, the Manager will record and preserve a description of
such Section 17 Transactions, its findings, the information or
materials upon which its findings are based and the basis therefor. All
such records will be maintained for the life of a Fund and at least six
years thereafter, and will be subject to examination by the Commission
and its staff. All such records will be maintained in an easily
accessible place for at least the first two years.
    2. If purchases or sales are made by a Fund from or to an entity
affiliated with the Fund by reason of an Equity Shareholder or employee
of the Winstead Group (a) serving as an officer, director, general
partner or investment advisor of the entity, or (b) having a 5% or more
investment in the entity, such individual will not participate in the
Fund's determination of whether or not to effect the purchase or sale.
    3. The Manager will adopt, and periodically review and update,
procedures designed to ensure that reasonable inquiry is made, prior to
the consummation of any Section 17 Transaction, with respect to the
possible involvement in the transaction of any affiliated person or
promoter of or principal underwriter for the Funds, or any affiliated
person of such a person, promoter, or principal underwriter.

    4. The Manager will not make on behalf of a Fund any investment in
which a Co-Investor (as defined below) has or proposes to acquire the
same class of securities of the same issuer, where the investment
involves a joint enterprise or other joint arrangement within the
meaning of rule 17d-1 in which the Fund and the Co-Investor are
participants, unless any such Co-Investor, prior to disposing of all or
part of its investment: (a) Gives the Manager sufficient, but not less
than one day's, notice of its intent to dispose of its investment, and
(b) refrains from disposing of its investment unless the participating
Fund holding such investment has the opportunity to dispose of its
investment prior to or concurrently with, on the same terms as, and on
a pro rata basis with the Co-Investor. The term ``Co-Investor'' with
respect to any Fund means any person who is: (a) An ``affiliated
person'' (as defined in section 2(a)(3) of the Act) of the Fund; (b) a
Winstead Entity; (c) an Equity Shareholder or other employee of a
Winstead Entity; (d) an investment vehicle offered, sponsored, or
managed by the Firm or an affiliated person of the Firm; or (e) an
entity in which a Winstead Entity acts as a general partner, or has a
similar capacity to control the sale or disposition of the entity's
securities.
    The restrictions contained in this condition, however, shall not be
deemed to limit or prevent the disposition of an investment by a Co-
Investor: (a) To its direct or indirect wholly-owned subsidiary, to any
company (a ``parent'') of which the Co-Investor is a direct or indirect
wholly-owned subsidiary, or to a direct or indirect wholly-owned
subsidiary of its parent; (b) to Immediate Family Members of the Co-
Investor or a trust established for any such Immediate Family Member;
or (c) when the investment is comprised of securities that are (i)
listed on any exchange registered under section 6 of the Exchange Act;
(ii) NMS stocks pursuant to section 11A(a)(2) of the Exchange Act and
rule 600(a) of Regulation NMS thereunder; (iii) government securities
as defined in section 2(a)(16) of the Act or other securities that meet
the definition of ``Eligible Security'' in rule 2a-7 under the Act; or
(iv) listed on or traded on any foreign securities exchange or board of
trade that satisfies regulatory requirements under the law of the
jurisdiction in which such foreign securities exchange or board of
trade is organized similar to those that apply to a national securities
exchange or a national market system for securities.
    5. The Manager of each Fund will send to each person who was a Fund
Investor in such Fund at any time during the fiscal year then ended
audited financial statements of the Fund. At the end of each fiscal
year, the Manager will make a valuation or have a valuation made of all
of the assets of the Fund as of the fiscal year end in a manner
consistent with customary practice with respect to the valuation of
assets of the kind held by the Fund. In addition, as soon as
practicable after the end of each fiscal year of each Fund, the Manager
of the Fund shall send a report to each person who was a Fund Investor
at any time during the fiscal year then ended, setting forth such tax
information as shall be necessary for the preparation by the Fund
Investor of his or her federal and state income tax returns and a
report of the investment activities of such Fund during such year.
    6. Each Fund and the Manager will maintain and preserve, for the
life of each Fund and at least six years thereafter, such accounts,
books, and other documents as constitute the record forming the basis
for the audited financial statements and annual reports of such Fund to
be provided to its Fund Investors, and agree that all such records will
be subject to examination by the Commission and its staff. All such
records will be maintained in an easily accessible place for at least
the first two years.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02562 Filed 2-5-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Page 69386]
[FR Doc No: 2022-25056]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2022-0133]

Agency Request for Renewal of a Previously Approved Information
Collection: Department of Transportation's (DOT/Department)
``Individual Complaint of Employment Discrimination'' Form

AGENCY: Departmental Office of Civil Rights, Office of the Secretary,
DOT.

ACTION: Notice and request for comments.

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SUMMARY: DOT invites public comments about its intention to request the
Office of Management and Budget (OMB) approval to renew an information
collection used by DOT's Equal Employment Opportunity Complaints and
Investigations Division within the Departmental Office of Civil Rights.
This collection is a form titled ``Individual Complaint of Employment
Discrimination'' (Complaint Form). The Complaint Form is necessary for
employees, former employees, and/or applicants for employment to file
formal equal employment opportunity (EEO) discrimination complaints
against DOT and, in turn, for DOT to process the complaints. The
Paperwork Reduction Act of 1995 requires DOT to publish this 60-day
notice in the Federal Register.

DATES: Written comments should be submitted by January 17, 2023.

ADDRESSES: You may submit comments [identified by Docket No. DOT-OST-
2022-0133] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Barbara Dougherty,<PHONE_NUMBER>,
[email protected], U.S. Department of Transportation/Office of
the Secretary/Departmental Office of Civil Rights, 1200 New Jersey
Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0556.
    Title: Individual Complaint of Employment Discrimination Form (Form
Number: DOT-F 1050-8).
    Type of Review: Renewal of a previously approved information
collection.
    Abstract: DOT uses the Complaint Form to collect information
necessary to process EEO discrimination complaints filed by DOT
employees, former employees and/or applicants for employment. DOT uses
the Complaint Form to obtain information from the individual for
processing the individual's EEO discrimination complaint and to
identify an attorney or other representative, if appropriate. An
individual's filing of an EEO discrimination complaint is solely
voluntary. DOT processes the complaints in accordance with the U.S.
Equal Employment Opportunity Commission's regulations in Title 29, Code
of Federal Regulations, Part 1614, as amended.
    Respondents: DOT employees, former employees and/or applicants for
employment.
    Estimated Number of Respondents: 275 per year.
    Frequency: Once.
    Estimated Hours Burden: One hour.
    Estimated Cost Burden: Zero (there is no cost for obtaining the
form and it is submitted electronically).
    Estimated Total Burden on Respondents: 275 hours per year (one hour
per respondent).
    Public Comments Invited: DOT requests comment on any aspect of this
information collection, including whether the proposed collection is
reasonable for the proper performance of the Department's EEO
functions; the accuracy of the estimated burden; methods by which the
Department could enhance the quality, utility, and clarity of the
information collection; and ways the burdens could be minimized without
reducing the quality of the collected information. DOT will summarize
and include all comments with its request for OMB's renewed approval.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.49.

    Issued in Washington, DC, on November 14, 2022.
Irene B. Marion,
Director, Departmental Office of Civil Rights.
[FR Doc. 2022-25056 Filed 11-17-22; 8:45 am]
BILLING CODE 4910-9X-P