[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89010-89012]
[FR Doc No: 2023-28399]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0304; FMCSA-2019-0048; FMCSA-2019-0128]

California and Washington Meal and Rest Break Rules; Petitions
for Waiver of Preemption Determinations

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

ACTION: Notice of petitions for waiver of preemption determinations;
request for comments.

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SUMMARY: FMCSA requests comments on petitions requesting waivers of the
Agency's December 21, 2018 and January 13, 2020 decisions preempting
the State of California's Meal and Rest Break (MRB) rules for certain
drivers of property- and passenger-carrying commercial motor vehicles
(CMVs) and its November 17, 2020 decision preempting the State of
Washington's MRB rules for certain drivers of property-carrying CMVs.
Waiver petitions were filed by the International Brotherhood of
Teamsters; the Truck Safety Coalition, Citizens for Reliable and Safe
Highways and Parents Against Tired Truckers; William B. Trescott; and
the State of California.

DATES: Comments must be received on or before February 26, 2024.

ADDRESSES: You may submit comments to the Federal Docket Management
System Docket No. FMCSA-2018-0304, Docket No. FMCSA-2019-0048, and/or
Docket FMCSA-2019-0128 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2018-0304, docket number FMCSA-2019-
0048, or docket FMCSA-2019-0128 in the keyword box, and click
``Search.'' Follow the online instructions for submitting a comment.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, West
Building, Ground Floor, 1200 New Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
Holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.

    Privacy Act: DOT solicits comments from the public to better inform
its decisions regarding preemption of State laws. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Tracy M. White, Enforcement and
Litigation Division; FMCSA Office of Chief Counsel; 1200 New Jersey
Avenue SE, Washington, DC 20590;<PHONE_NUMBER>; [email protected].
If you have questions on viewing or submitting material to the docket,
contact Dockets Operations,<PHONE_NUMBER> or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 21, 2018, FMCSA granted petitions filed by the American
Trucking Associations and the Specialized Carriers and Rigging
Association, and determined that California's MRB rules, as applied to
property-carrying CMV drivers subject to FMCSA's hours of service (HOS)
regulations, are preempted under 49 United States Code (U.S.C.) 31141
(Docket No. FMCSA-2018-0304; 83 FR 67470 (Dec. 28, 2018)). On January
13, 2020, FMCSA granted a petition filed by the American Bus
Association and determined that California's MRB rules, as applied to
passenger-carrying CMV drivers subject to FMCSA's HOS regulations, are
also preempted under 49 U.S.C. 31141 (Docket No. FMCSA-2019-0048; 85 FR
3469 (Jan. 21, 2020)). On November 27, 2020, FMCSA granted a petition
filed by the Washington Trucking Associations and determined that
Washington's MRB rules, as applied to property-carrying CMV drivers
subject to FMCSA's HOS regulations, are preempted under 49 U.S.C. 31141
(Docket No. FMCSA-2019-0128, 85 FR 73335 (Nov. 17, 2020)). In each
decision, FMCSA determined that the MRB rules are laws on CMV safety,
that they are more stringent than the Federal regulations, and that
they meet each of the three potential criteria for preemption under 49
U.S.C. 31141(c)(4) and (5) (see 83 FR 67470, 85 FR 3469; 85 FR 7333).
On January 15, 2021, the U.S. Court of Appeals for the Ninth Circuit
denied petitions for review challenging the first preemption decision.
Int'l Bhd. of Teamsters, Local 2785 v. FMCSA, 986 F.3d 841 (9th Cir.
2021), cert. denied sub nom. Trescott v. Fed. Motor Carrier, No. 20-
1662, 142 S. Ct. 93 (Oct. 4, 2021). The State of California filed a
petition for review in the Ninth Circuit in March 2020 challenging the
second preemption decision, and the court has held that case in
abeyance. People of the State of Cal. ex rel. Bonta v. FMCSA, No. 20-
70706 (9th Cir.). The State of Washington filed a petition for review
in the Ninth Circuit challenging the third preemption decision but
voluntarily dismissed the case in August 2022. State of Washington v.
FMCSA, No. 20-73730 (9th Cir.).

II. Applicable Law

A. California's MRB Rules

    Under section 512 of the California Labor Code, employers must
provide non-exempt employees a 30-minute meal break if they work more
than 5 hours in a day, and employees who work a shift of 10 hours or
more are entitled to a second 30-minute meal break. Under the
California Code of Regulations (CCR) section 11090(12), employers are
required to provide rest periods for non-exempt employees who work 3\1/
2\ or more hours in a day. Employees are entitled to a 10-minute rest
period for each 4 hours, or a substantial fraction thereof, that they
work in a day. To the extent possible, these breaks are to be taken in
the middle of each 4-hour period (8 CCR section 11090(12)); California
Industrial Welfare Commission Order No. 9-2001. California law provides
that an employer shall not require an employee to work during a
mandated meal or rest break and provides for additional pay as a remedy
for violating that prohibition (Cal. Labor Code 226.7(b) and (c)).

B. Washington's MRB Rules

    Under the Washington Department of Labor and Industries'
regulations in section 296-126-092 of Washington's Administrative Code
(WAC), employers must provide employees a meal period of at least 30
minutes that commences after the second hour and before the fifth hour
after the shift commences (WAC 296-126-092(1) and (2)). In addition,
Washington's MRB rules provide for a 10-minute rest period ``for each
four hours of working time'' and must occur no later than the end of
the third working hour (WAC 296-126-092(4)). The rest period must be
scheduled as near as possible to the midpoint of the 4 hours of working
time, and no employee may be required to work more than 3 consecutive
hours without a rest period.\1\
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    \1\ Department of Labor and Industries, Administrative Policy
ES.C.6.1, paragraph 11, https://lni.wa.gov/workers-rights/_docs/esc6.1.pdf.
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C. Federal Preemption Under the Motor Carrier Safety Act of 1984

    Section 31141 of title 49, U.S.C., prohibits States from enforcing
a law or regulation on CMV safety that the Secretary of Transportation
(Secretary) has determined to be preempted. To determine whether a
State law or regulation is preempted, the Secretary must decide whether
a State law or regulation: (1) has the same effect as a regulation
prescribed under 49 U.S.C. 31136, which is the authority for much of
the Federal Motor Carrier Safety Regulations; (2) is less stringent
than such a regulation; or (3) is additional to or more stringent than
such a regulation (49 U.S.C. 31141(c)(1)).
    If the Secretary decides that a State law or regulation is
additional to or more stringent than a regulation prescribed by the
Secretary under 49 U.S.C. 31136, the State law or regulation may be
enforced unless the Secretary decides that the State law or regulation
(1) has no safety benefit; (2) is incompatible with the regulation
prescribed by the Secretary; or (3) would cause an unreasonable burden
on interstate commerce (Id. 31141(c)(4)). In deciding whether a State
law or regulation will cause an unreasonable burden on interstate
commerce, the Secretary may consider the cumulative effect that the
State's law or regulation and all similar laws and regulations of other
States will have on interstate commerce (Id. 31141(c)(5)). The
Secretary's authority under 49 U.S.C. 31141 is delegated to the FMCSA
Administrator by 49 U.S.C. 113(f) and 49 CFR 1.87(f).
    Pursuant to 49 U.S.C. 31141(d), FMCSA may grant a waiver of an
FMCSA preemption decision. Under this provision, ``[a] person
(including a State) may petition the Secretary for a waiver of a
decision of the Secretary that a State law or regulation may not be
enforced under this section.'' Further, ``[t]he Secretary shall grant
the waiver, as expeditiously as possible, if the person demonstrates to
the satisfaction of the Secretary that the waiver is consistent with
the public interest and the safe operation of commercial motor
vehicles'' (Id. Sec.  31141(d)(1)).

III. Request for Comment on Petitions for Waiver of California and
Washington Meal and Rest Break Preemption Determinations

    The International Brotherhood of Teamsters; the Truck Safety
Coalition, Citizens for Reliable and Safe Highways, and Parents Against
Tired Truckers; and William B. Trescott have submitted

petitions requesting the FMCSA waive all three determinations
preempting California's MRB rules for drivers of property- and
passenger-carrying CMVs subject to FMCSA's HOS rules and Washington's
MRB rules for property-carrying CMVs subject to FMCSA's HOS rules.
    The State of California has petitioned for waiver of the decisions
preempting California's MRB rules. FMCSA has placed each petition for
waiver in the ``Documents'' section of the appropriate docket.\2\
Although waiver of a preemption determination under 49 U.S.C. 31141(d)
is a legal determination reserved to the judgment of the Agency, FMCSA
seeks comments on any issues raised in the above referenced petitions
for waiver or otherwise relevant. In addition, FMCSA requests that
commenters address the following issues:
---------------------------------------------------------------------------

    \2\ FMCSA also received a submission from Teamsters Locals 70,
87, 150, 386, 439, 948 and 2785 requesting that FMCSA reverse its
preemption decisions, as well as a comment from the Owner-Operator
Independent Drivers Association. These documents may be viewed in
the ``Comments'' section of the appropriate docket.
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    1. Whether and to what extent enforcement of a State's meal and
rest break laws with respect to intrastate property-carrying and
passenger-carrying CMV drivers has impacted the health and safety of
drivers.
    2. Whether enforcement of State meal and rest break laws as applied
to interstate property-carrying or passenger-carrying CMV drivers will
exacerbate the existing truck parking shortages and result in more
trucks parking on the side of the road and whether any such effect will
burden interstate commerce or create additional dangers to drivers and
the public; and
    3. Whether enforcement of a State's meal and rest break laws as
applied to interstate property-carrying or passenger-carrying CMV
drivers will dissuade carriers from operating in that State; and
    4. Whether enforcement of a State's meal and rest break laws as
applied to interstate property-carrying or passenger-carrying CMV
drivers will weaken or otherwise impact the resiliency of the national
supply chain.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-28399 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30916-30917]
[FR Doc No: 2013-12299]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14475-000]

FFP Project 117, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On January 1, 2013, FFP Project 117, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of a hydropower project at
the Kentucky River Lock and Dam 13 located on the Kentucky
River near the town of Beattyville in Lee County, Kentucky. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) A 300-
foot-long, 43-foot-high concrete dam; (2) a reservoir with a surface
area of 295 acres and a storage capacity of 5,540 acre-feet; (3) a 310-
foot-long, 100-foot-wide intake channel with a 175-foot-long retaining
wall; (4) a 110-foot-long, 80-foot-wide powerhouse containing two
generating units with a total capacity of 5.0 megawatts; (5) a 230-
foot-long, 110-foot-wide tailrace with a 110-foot-long retaining wall;
(6) a 4.16/34.5 kilo-Volt (kV) substation; (7) a 2.2- mile-long access
road; (8) a 0.3- mile-long, 34.5 kV transmission line. The project
would have an average annual generation of 19,500 megawatt-hours.
    Applicant Contact: Ms. Ramya Swaminathan, Free Flow Power
Corporation, 239 Causeway Street, Suite 300, Boston, MA 02114. (978)
283-2822
    FERC Contact: Chris Casey<EMAIL_ADDRESS>(202) 502-
8577.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60

days from the issuance of this notice. Competing applications and
notices of intent must meet the requirements of 18 CFR 4.36. Comments,
motions to intervene, notices of intent, and competing applications may
be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
http://www.ferc.gov/docs-filing/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 five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14475) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: May 16, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-12299 Filed 5-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61067-61070]
[FR Doc No: 2017-27689]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82349; File No. SR-PEARL-2017-38]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Adopt a New
Type of MIAX Express Orders Interface Port Known as a MEO Purge Port
and To Amend MIAX PEARL Rule 519C, Mass Cancellation of Trading
Interest, To Adopt a New Purge Message, as Well as To Amend Its Fee
Schedule To Identify the New MEO Purge Port

December 19, 2017.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on December 15, 2017, MIAX PEARL, LLC (``MIAX
PEARL'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items 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.
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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

    The Exchange is filing a proposal to amend Rule 519C, Mass
Cancellation of Trading Interest, to adopt new rule text to reflect the
proposed MEO Purge Port functionality, as well as to make clarifying
changes to existing rule text to more accurately describe current
functionality. The Exchange is also proposing to amend its Fee Schedule
to identify the New MEO Purge Ports.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to offer Members \3\ that connect to the
Exchange using the MIAX Express Orders interface (``MEO Interface'')
\4\ a new type of connection port, named MEO Purge Port, to be used as
a dedicated port for sending purge messages to the Exchange. The
Exchange also proposes to amend its Fee Schedule to identify the new
MEO Purge Port. Finally, the Exchange proposes to amend Exchange Rule
519C, Mass Cancellation of Trading Interest, to adopt new rule text to
reflect the proposed MEO Purge Port functionality, as well as to make
clarifying changes to existing rule text to

more accurately describe current functionality.
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    \3\ The term ``Member'' means an individual or organization that
is registered with the Exchange pursuant to Chapter II of the MIAX
PEARL Rules for purposes of trading on the Exchange as an
``Electronic Exchange Member'' or ``Market Maker.'' Members are
deemed ``members'' under the Exchange Act. See Exchange Rule 100.
    \4\ The term ``MEO Interface'' means a binary order interface
used for submitting certain order types (as set forth in Rule 516)
to the MIAX PEARL System. See Exchange Rule 100.
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    Members connect to the Exchange's System \5\ via their assigned MEO
ports. Currently, the Exchange offers Members three different types of
MEO port connections. The first is a Full Service MEO Port--Bulk \6\
which supports all MEO input message types and binary bulk order entry;
the second is a Full Service MEO Port--Single \7\ which supports all
MEO input messages and binary order entry on a single order-by-order
basis, but not bulk orders; the third is a Limited Service MEO Port \8\
which supports all MEO input message types, but does not support bulk
order entry and only supports limited order types, as specified by the
Exchange via Regulatory Circular. The Exchange limits Members to two
(2) Full Service MEO Ports of either type per Matching Engine \9\ and
allows up to eight (8) Limited Service MEO Ports per Matching
Engine.\10\
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    \5\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \6\ See MIAX PEARL Fee Schedule, Definitions.
    \7\ See MIAX PEARL Fee Schedule, Definitions.
    \8\ See MIAX PEARL Fee Schedule, Definitions.
    \9\ ``Matching Engine'' is a part of the MIAX PEARL electronic
system that processes options orders and trades on a symbol-by-
symbol basis. Some Matching Engines will process option classes with
multiple root symbols, and other Matching Engines may be dedicated
to one single option root symbol (for example, options on SPY may be
processed by one single Matching Engine that is dedicated only to
SPY). A particular root symbol may only be assigned to a single
designated Matching Engine. A particular root symbol may not be
assigned to multiple Matching Engines. See MIAX PEARL Fee Schedule,
Definitions.
    \10\ See MIAX PEARL Fee Schedule, Section 5(d).
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    The proposed MEO Purge Ports are a new, optional type of MEO port
dedicated solely to handling purge messages which would enable a
Member, by MPID,\11\ to (i) remove all or a subset of its quotations
\12\ in the System and (ii) block all or a subset of new inbound
quotations from being received; \13\ or cancel all of its MEO Day
orders \14\ in the System and block all new inbound MEO Day orders from
being received by MPID.\15\ Sending a purge message to cancel and block
MEO Day orders will not cancel or block MEO immediate-or-cancel
(``IOC'') orders.\16\ MEO IOC orders allow Members to continue to
provide targeted liquidity to the market and to interact with Public
Customer \17\ orders. When quotes have been purged as described above,
the block will remain in effect until the Member requests that the
Exchange remove the block.
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    \11\ The term ``MPID'' means unique market participant
identifier. See Exchange Rule 100.
    \12\ The term ``quote'' or ``quotation'' means a bid or offer
entered by a Market Maker as a firm order that updates the Market
Maker's previous bid or offer, if any. When the term order is used
in these Rules and a bid or offer is entered by the Market Maker in
the option series to which such Market Maker is registered, such
order shall, as applicable, constitute a quote for purposes of MIAX
PEARL Rules. See Exchange Rule 100.
    \13\ A Member currently has the ability to send a purge message
to remove all or a subset of its quotations and block all or a
subset of its new inbound quotations via its MEO port or by request
to the Exchange's Help Desk. That ability is not changing with this
proposal. What is changing with this proposal is the ability of a
Member to send that purge message via the proposed MEO Purge Ports.
    \14\ This would include both Day Limit Orders and Post-Only
Orders entered via the MEO interface. A Day Limit Order is an order
to buy or sell which, if not executed, expires at the end of the
trading in the security on the day on which it was entered. See
Exchange Rule 516(h). Post-Only Orders are orders that will not
remove liquidity from the Book. See Exchange Rule 516(j).
    \15\ The Exchange is introducing a new purge message that will
cancel all of a Member's MEO Day orders and block all of its new
inbound MEO Day orders. This request may only be sent electronically
via a Member's existing MEO port, or via the new proposed MEO Purge
Ports.
    \16\ An immediate-or-cancel order is an order that is to be
executed in whole or in part upon receipt. Any portion not so
executed is canceled. See Exchange Rule 516(e).
    \17\ The term ``Public Customer'' means a person that is not a
broker or dealer in securities. See Exchange Rule 100.
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    The purge messages described above may be sent via any type of MEO
port, however, purge messages received on the proposed MEO Purge Ports
will be handled by the System in a way that ensures minimum possible
latency (as MEO Purge Ports solely process purge messages, as opposed
to Full Service MEO Ports--Bulk, Full Service MEO Ports--Single, and
Limited Service MEO Ports, which also process additional message
types), thereby providing Members with a faster, more efficient means
to have their quotes removed from the System, which will provide
Members with an enhanced level of risk protection.
    The proposed MEO Purge Ports are designed to assist Members in the
management of, and risk control over, their orders, particularly if the
Member has resting orders in a large number of options. For example, if
a Member detects market indications that may influence the direction or
bias of its orders, the Member may use the proposed MEO Purge Ports to
reduce uncertainty and to manage risk by purging all orders in a number
of options seamlessly to avoid unintended executions, while continuing
to evaluate the direction of the market.
    The Exchange also proposes to amend Section 5(d) of its Fee
Schedule to identify the new MEO Purge Ports. Members are allocated two
(2) Full Service MEO Ports of either type and up to eight (8) Limited
Service MEO Ports per Matching Engine to which they connect.\18\ The
Exchange currently waives monthly MEO Port fees for all Members and
will similarly waive MEO Purge Port fees until such time as the
Exchange submits a rule filing to the Commission \19\ to establish the
fee amount, and any related requirements, and provides notice to expire
the applicable Waiver Period.\20\
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    \18\ See MIAX PEARL Fee Schedule, Section 5(d).
    \19\ The term ``SEC'' or ``Commission'' means the United States
Securities and Exchange Commission. See Exchange Rule 100.
    \20\ ``Waiver Period'' means, for each applicable fee, the
period of time from the initial effective date of the MIAX PEARL Fee
Schedule until such time that the Exchange has an effective fee
filing establishing the applicable fee. The Exchange will issue a
Regulatory Circular announcing the establishment of an applicable
fee that was subject to a Waiver Period at least fifteen (15) days
prior to the termination of the Waiver Period and effective date of
any such applicable fee.
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    With the introduction of MEO Purge Ports, the Exchange proposes to
amend Section 5(d) of its Fee Schedule to provide that a Member may
request and be allocated two (2) MEO Purge Ports per Matching Engine to
which it connects via a Full Service MEO Port. Specifically, a Member
must have either a Full Service MEO Port--Bulk, or a Full Service MEO
Port--Single connection to a Matching Engine in order to be eligible to
receive MEO Purge Ports with respect to that Matching Engine.
    The Exchange also proposes to amend Exchange Rule 519C, Mass
Cancellation of Trading Interest, to adopt new rule text for new
functionality being introduced in this proposal which provides that a
Member may cancel all of its MEO Day orders and block all new inbound
MEO Day orders by MPID. This request may only be submitted to the
Exchange's System electronically via the Member's MEO port; either via
its existing MEO ports, or via the new proposed MEO Purge Ports.
    The Exchange also proposes to amend Exchange Rule 519C, Mass
Cancellation of Trading Interest, to clarify functionality, in light of
the new proposed functionality. Specifically, the Exchange proposes to
amend 519C(b) which reads, ``[a] Member may request Exchange staff to
(i) remove all of its quotations and cancel all of its orders in the
System and (ii) block all new inbound quotations and orders, by firm
name or by MPID.'' Accordingly, the Exchange is proposing to delete the
reference to staff in the first sentence as a Member may either contact
Exchange staff to have this action performed on their behalf or, by
utilizing the new

purge message, may submit a request to the Exchange's System via its
MEO Port to cancel all of its MEO Day orders and block all new inbound
MEO Day orders by MPID. Additionally, the Exchange proposes to amend
the last sentence of 519C(b) which currently states that, ``[t]he block
will remain in effect until the Member requests Exchange staff to
remove the block,'' by removing the word ``staff.'' To remove a block a
Member may (i) send an electronic message directly into the Exchange's
System; or (ii) contact Exchange staff. The Exchange believes removing
the word ``staff'' from the rule text more accurately encompasses the
activity under both scenarios.
    The Exchange notes that this proposal does not preclude Members
from using the existing purge messages provided by either the MEO
protocol or the cancel messages provided by the FIX protocol. Under the
MEO protocol, Members may request that all quotations for all
underlyings, or for a specific underlying, be removed, and that new
inbound quotations for all underlyings, or specific underlyings, be
blocked. Under the FIX protocol, Members may also request that all, or
a subset, of orders for an MPID, or all Day or GTC orders for an MPID,
on the requesting session, be canceled.
    Additionally, the Exchange notes that this functionality is similar
to functionality recently adopted by the Exchange's affiliate, Miami
International Securities Exchange, LLC (``MIAX Options'').\21\
---------------------------------------------------------------------------

    \21\ See Securities Exchange Act Release No. 81252 (July 28,
2017), 82 FR 36172 (August 3, 2017) (SR-MIAX-2017-36).
---------------------------------------------------------------------------

    The Exchange will announce the implementation date of the proposed
rule change by Regulatory Circular to be published no later than 60
days following the operative date of the proposed rule. The
implementation date will be no later than 60 days following the
issuance of the Regulatory Circular.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \22\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \23\ 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 regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\24\ in that it promotes just and
equitable principles of trade and removes impediments to and perfects
the mechanism of a free and open market. Offering Members designated
MEO Purge Ports would enhance their ability to manage quotes, quote
traffic, and quoting obligations for Members that are Market
Makers,\25\ which would, in turn, improve their risk controls to the
benefit of all market participants. The Exchange believes that MEO
Purge Ports would foster cooperation and coordination with persons
engaged in facilitating transactions in securities because designating
MEO Purge Ports for purges only may encourage better use of dedicated
ports. This may, concurrent with the ports that carry quotes and other
information necessary for market making activities, enable more
efficient, as well as fair and reasonable, use of Members' resources.
As MEO Purge Ports are only available for purging and not for
activities such as order or quote entry, the MEO Purge Ports are not
designed to permit unfair discrimination but rather are designed to
enable Members to better manage their market risk, which, in turn,
benefits all market participants. The Exchange also notes that similar
connectivity and functionality is offered by other exchanges.\26\
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    \24\ Id.
    \25\ See Exchange Rule 604 and 605(d)(1).
    \26\ See Securities Exchange Act Release Nos. 81252 (July 28,
2017), 82 FR 36172 (August 3, 2017) (SR-MIAX-2017-36); 77613 (April
13, 2016), 81 FR 23023 (April 19, 2016) (SR-Phlx-2016-45); 79956
(February 3, 2017), 82 FR 10102 (February 9, 2017) (SR-BatsBZX-2017-
05); and 81095 (July 7, 2017), 82 FR 32409 (July 13, 2017) (SR-ISE-
2017-62).
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    The Exchange notes that the proposed rule change will not relieve
Market Makers of their continuous quoting obligations under Exchange
Rule 604 and under Regulation NMS Rule 602.\27\ Specifically, any
interest that is executable against a Market Maker's quotes that is
received by the Exchange's Matching Engine prior to the time that the
purge message is received by the Exchange's Matching Engine will
automatically execute at that price, up to the quote's size. Market
Makers that purge their quotes will not be relieved of the obligation
to provide continuous two-sided quotes on a daily basis, nor will it
prohibit the Exchange from taking disciplinary action against a Market
Maker for failing to meet its continuous quoting obligation each
trading day.
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    \27\ 17 CFR 242.602.
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    In addition, the Exchange believes that the proposal removes
impediments to and perfects the mechanisms of a free and open market
and a national market system and, in general, protects investors and
the public interest by providing Members with an additional purge
message which allows them to cancel their MEO Day orders by MPID and
blocks new inbound MEO Day orders from being received yet preserves
their ability to continue to provide liquidity to the market and
interact with Public Customer orders via MEO IOC orders. Further, the
Exchange is clarifying existing rule text in Rule 519C to better
describe current functionality available on the Exchange. The Exchange
believes that clarifying current functionality promotes the protection
of investors and the public interest by helping market participants
better understand the risk protection tools available on the Exchange.
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(4) of the Act,\28\ in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
Members and other persons using any facility or system which the
Exchange operates or controls. Even though the Exchange is proposing to
waive this particular fee during the Waiver Period,\29\ the Exchange
believes that it is appropriate to provide market participants with the
overall structure of the fee by outlining the structure on the Fee
Schedule without setting forth a specific fee amount, so that there is
a general awareness that the Exchange intends to assess such a fee in
the future.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78f(b)(4).
    \29\ See supra note 20.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed amendments to its fee
schedule are non-discriminatory because they will apply uniformly to
all Members. The proposed MEO Purge Ports are completely voluntary and
no Member is required, or under any regulatory obligation, to utilize
them. All Members have the option to select any connectivity option,
and fees, when charged, are charged uniformly for the services offered
by the Exchange.

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

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

of the purposes of the Act. The Exchange believes the proposed rule
change will enhance competition because it will enable it to offer
similar connectivity and functionality as its competitor exchanges.\30\
In addition, the proposed MEO Purge Ports are completely voluntary and
no Member is required or under any regulatory obligation to utilize
them.
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    \30\ See supra note 26.
---------------------------------------------------------------------------

    The Exchange believes its proposed amendments to its Fee Schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. On the contrary,
the Exchange believes the proposed rule change will enhance competition
because it will enable it to offer similar connectivity and
functionality as its competitor exchanges.\31\ In addition, the
proposed MEO Purge Ports are completely voluntary and no Member is
required or under any regulatory obligation to utilize them.
Accordingly, the Exchange does not believe that the proposed change
will impair the ability of Members or competing venues to maintain
their competitive standing in the financial markets.
---------------------------------------------------------------------------

    \31\ Id.
---------------------------------------------------------------------------

    The Exchange also does not believe the proposed rule change would
impact intramarket competition as it would apply to all Members and
non-Members equally.

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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \32\ and Rule 19b-4(f)(6) \33\
thereunder.
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    \32\ 15 U.S.C. 78s(b)(3)(A).
    \33\ 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.
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    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 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-PEARL-2017-38 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-PEARL-2017-38. 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-PEARL-2017-38 and should be submitted on
or before January 16, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
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    \34\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-27689 Filed 12-22-17; 8:45 am]
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[Federal Register: September 30, 2009 (Volume 74, Number 188)]
[Rules and Regulations]
[Page 50108-50109]
[DOCID:fr30se09-2]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0552; Airspace Docket No. 09-ANM-7]

Establishment of Class E Airspace; Ronan, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Ronan, MT. It also
makes a minor revision to the legal description of that airspace.

DATES: Effective Date: 0901 UTC, December 17, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

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

SUPPLEMENTARY INFORMATION:

History

    On July 13, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to establish additional controlled
airspace at Ronan, MT, (74 FR 33381). The additional controlled
airspace is necessary to accommodate aircraft using a new Area
Navigation (RNAV) Global Positioning System (GPS) Standard Instrument
Approach Procedure (SIAP) at Ronan Airport, Ronan, MT, and to improve
the safety of Instrument Flight Rules (IFR) aircraft executing the new
RNAV GPS SIAP at Ronan Airport, Ronan, MT.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Subsequent to publication, the FAA found that
the Federal airways reference was not needed.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9T signed August 27, 2009, and effective September 15,
2009, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing the Class E airspace at Ronan, MT. Controlled
airspace is necessary to accommodate IFR aircraft executing a new RNAV
(GPS) approach procedure at Ronan Airport, Ronan, MT. This action also
deletes reference to excluding airspace within Federal airways in the
airport description.
    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.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses 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 establishes
controlled airspace at Ronan Airport, Ronan, MT.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:

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

* * * * *

ANM MT, E5 Ronan, MT [New]

Ronan Airport, MT
    (Lat. 47[deg]34[min]02[sec] N., long. 114[deg]06[min]04[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 8.4-mile radius of Ronan Airport.
* * * * *

    Issued in Seattle, Washington, on September 18, 2009.
William Buck,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-23104 Filed 9-29-09; 8:45 am]

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