[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Notices]
[Page 63533-63534]
[DOCID:fr24oc08-135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58808; File No. SR-NSX-2008-18]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend NSX Fee Schedule To Increase the Liquidity Taking Fee for
Automatic Execution Mode Transactions

October 17, 2008.
    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 October 9, 2008, National Stock Exchange, Inc. (``NSX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
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 proposing to amend the NSX Fee and Rebate Schedule
(the ``Fee Schedule'') in order to increase the fee for taking
liquidity in Automatic Execution mode of order interaction for those
securities trading at one dollar or more. The text of the proposed rule
change is available on the Exchange's Web site at http://www.nsx.com,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    With this rule change, the Exchange is proposing to increase the
liquidity taking fee in the Automatic Execution mode of order
interaction (``AutoEx Mode'').\3\ In particular, this rule change
proposes to increase the liquidity taking fee in securities trading at
or above one dollar in AutoEx Mode from the current fee of $0.0025 to
$0.0028 per share executed across all tapes where Liquidity Adding
Average Daily Volume (``Liquidity Adding ADV'') equals or exceeds
50,000 shares. As stated in explanatory endnote 3 of the Fee Schedule,
``Liquidity Adding ADV'' means, with respect to an ETP Holder, the
number of shares such ETP Holder has executed as a liquidity provider
on average per trading day (excluding partial trading days and
securities under one dollar) across all tapes on NSX for the calendar
month in which the executions occurred. The instant rule filing
proposes no changes to the liquidity taking fee for transactions in
AutoEx Mode where Liquidity Adding ADV is less than 50,000 shares \4\
or for any securities under one dollar.\5\
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    \3\ This rule change proposes no changes to the fees and rebates
applicable to securities executed in the Order Deliver mode of order
interaction (``Order Delivery Mode'').
    \4\ The liquidity taking fee in AutoEx Mode where the Liquidity
Adding ADV is less than 50,000 shares is $0.0030 per share executed
across all tapes.
    \5\ The liquidity taking fee in AutoEx Mode for securities under
one dollar is 0.30% of the trade value, where ``trade value'' means
a dollar amount equal to the price per share multiplied by the
number of shares executed.
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    The Exchange intends to make the proposed fee structure effective
on filing of this proposed rule for trading on October 9, 2008. Because
the instant rule filing is mid-month, Liquidity Adding ADV will be
calculated in the month of October 2008, using two calculation periods.
For trades executed prior to October 9, 2008, Liquidity Adding ADV will
be calculated based on the average per trading day (excluding partial
trading days and securities under one dollar) across all tapes on NSX
for the period beginning October 1, 2008 and ending October 8, 2008,
the period when the old Fee Schedule (prior to effectiveness of the
instant modification) was in effect. For trades executed on or after
October 9, 2008, Liquidity Adding ADV will be calculated based on the
average per trading day (excluding partial trading days and securities
under one dollar)

across all tapes on NSX for the period beginning October 9, 2008 and
ending October 31, 2008, the period when the new Fee Schedule (after
effectiveness of the instant modification) was in effect. Thereafter,
Liquidity Adding ADV will be calculated based on the number of shares
an ETP Holder has executed as a liquidity provider on average per
trading day (excluding partial trading days and securities under one
dollar) across all tapes on NSX for the calendar month in which the
executions occurred. Notice will be provided to ETP Holders respecting
the calculation of the Liquidity Adding ADV.
    For purposes of clarity, the proposed rule change proposes no
modifications to the fees and rebates relating to any trades in Order
Delivery Mode.
Rationale
    The Exchange has determined that these changes are necessary to
increase the revenue of the Exchange and to adequately fund its
regulatory and general business functions. The proposed modification is
reasonable and equitably allocated to those ETP Holders that opt to
take liquidity in AutoEx Mode, and is not discriminatory because ETP
Holders are free to elect whether to send orders in all tapes through
the AutoEx Mode as liquidity taking trades and quotes. Based upon the
information above, the Exchange believes that the proposed rule change
is consistent with the protection of investors and the public interest.
Notice
    Pursuant to Exchange Rule 16.1(c), the Exchange will ``provide ETP
Holders with notice of all relevant dues, fees, assessments and charges
of the Exchange'' through the issuance of a Regulatory Circular of the
changes to the Fee Schedule and will provide a copy of the rule filing
on the Exchange's Web site (www.nsx.com).
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the provisions of Section 6(b) of the Act,\6\ in general, and Section
6(b)(4) of the Act,\7\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees and other charges
among its members and other persons using the facilities of the
Exchange. Moreover, the proposed fee and rebate structure is not
discriminatory in that all ETP Holders are eligible to submit (or not
submit) liquidity taking trades and quotes in AutoEx Mode in all tapes
and may do so attheir discretion.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

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

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

    The proposed rule change has taken effect upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule
19b-4 \9\ thereunder, because, as provided in (f)(2), it ``changes a
due, fee or other charge applicable only to a member'' (known on the
Exchange as an ETP Holder). At any time within sixty (60) days of the
filing of such proposed rule change, the Commission may summarily
abrogate 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2008-18 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-NSX-2008-18. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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-NSX-2008-18 and should be
submitted on or before November 14, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-25375 Filed 10-23-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 33007-33008]
[FR Doc No: 2015-14167]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0092; FMCSA-2013-0028]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
14 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective July 9, 2015. Comments must be
received on or before July 10, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2011-
0092; FMCSA-2013-0028], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 14 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 14 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Clifford L. Burruss (CA)
Brian G. Dvorak (IL)
John L. Edler, III (DE)
John T. Johnson (NM)
Thomas Korycki (NJ)
Larry W. Lunde (WA)
Chad S. Penman (UT)
Raymond Potter (RI)
David J. Rothermal (RI)
Charles T. Spears (VA)
Brian E. Tessman (WI)
Gregory J. Thurston (PA)
Donald Torbett (IA)
James Whiteway (TX)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 14 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (76 FR 25766; 76 FR 37885; 78 FR 27281; 78 FR 37270; 78 FR
41188). Each of these 14 applicants has requested renewal of the
exemption and has submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending theexemption for each renewal
applicant for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2011-0092; FMCSA-2013-0028), indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so the Agency can contact you if it has
questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2011-0092; FMCSA-2013-0028'' in the
``Keyword'' box, and click ``Search.'' When the new screen appears,
click on ``Comment Now!'' button and type your comment into the text
box in the following screen. Choose whether you are submitting your
comment as an individual or on behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and material received during the comment period and may change this
notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2011-0092; FMCSA-2013-0028'' in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button choose the
document listed to review. If you do not have access to the Internet,
you may view the docket online by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., e.t., Monday through Friday, except Federal holidays.

    Issued on: May 29, 2015.
Larry W. Minor,
 Associate Administration for Policy.
[FR Doc. 2015-14167 Filed 6-9-15; 8:45 am]
 BILLING CODE 4910-EX-P