[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Notices]
[Pages 18302-18304]
[FR Doc No: 2012-7363]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0043]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of applications for exemption from the diabetes mellitus
requirement; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 16 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before April 26, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0043 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: 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 numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., 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: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<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:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 16 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by the
statutes.

Qualifications of Applicants

Ross J. Brown

    Mr. Brown, age 59, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brown understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a Commercial Motor Vehicle (CMV) safely.
Mr. Brown meets the vision requirements of 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he does not
have diabetic retinopathy. He holds a Class A Commercial Driver's
License (CDL) from Michigan.

Bert R. Duncan, II

    Mr. Duncan, 49, has had ITDM since 2004. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Duncan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Duncan meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2011 and certified that he does not have

diabetic retinopathy. He holds a Class A CDL from Utah.

John L. Frank

    Mr. Frank, 64, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Frank understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Frank meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2011 and certified that he does not have diabetic retinopathy. He holds
a Class D operator's license from Idaho.

DeVere E. Hansen

    Mr. Hansen, 58, has had ITDM since 1998. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hansen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hansen meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Utah.

Grant C. Huftalin

    Mr. Huftalin, 43, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Huftalin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Huftalin meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from Iowa.

Steven M. Janczak

    Mr. Janczak, 21, has had ITDM since 1993. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Janczak understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Janczak meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Wisconsin.

Aaron L. Kreiser

    Mr. Kreiser, 38, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kreiser understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kreiser meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2011 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Maryland.

Mark S. Madsen

    Mr. Madsen, 58, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Madsen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Madsen meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
an operator's license from Nebraska.

James W. McClintock, III

    Mr. McClintock, 52, has had ITDM since 1997. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. McClintock understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McClintock meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class D operator's license from
Arkansas.

John W. Morrison

    Mr. Morrison, 54, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Morrison understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Morrison meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from California.

Bruce V. Oppegard

    Mr. Oppegard, 41, has had ITDM since 2011. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Oppegard understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Oppegard meets the
vision requirements

of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2012 and
certified that he has stable nonproliferative diabetic retinopathy. He
holds a Class A CDL from Minnesota.

Edward L. Quinones

    Mr. Quinones, 52, has had ITDM since 2011. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Quinones understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Quinones meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2011 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Illinois.

David L. Rice

    Mr. Rice, 46, has had ITDM since 1994. His endocrinologist examined
him in 2011 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Rice understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Rice meets the vision requirements
of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and
certified that he has stable nonproliferative diabetic retinopathy. He
holds a Class A CDL from Maine.

Wade D. Street

    Mr. Street, 52, has had ITDM since 1968. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Street understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Street meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Montana.

Charles M. Sweat

    Mr. Sweat, 59, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Sweat understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sweat meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Virginia.

Donald E. Towne

    Mr. Towne, 58, has had ITDM since 2003. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Towne understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Towne meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2011 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Connecticut.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441) \1\. The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
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    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
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    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 USC. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

    Issued on: March 21, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-7363 Filed 3-26-12; 8:45 am]
BILLING CODE P


[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Notices]
[Page 16387-16388]
[DOCID:fr04ap07-93]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension: Rule 31; SEC File No. 270-537; OMB Control No. 3235-0597.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Section 31 (17 CFR 240.31) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) requires the Commission to collect fees and
assessments from national securities exchanges and national securities
associations (collectively, ``self-regulatory organizations'' or
``SROs'') based on the volume of their securities transactions. To
collect the proper amounts, the Commission adopted Rule 31 and Form R31
under the Exchange Act whereby the SROs must report to the Commission
the volume of their securities transaction and the Commission, based on
that data, calculates the amount of fees and assessments that the SROs
owe pursuant to Section 31. Rule 31 and Form R31 require the SROs to
provide this data on a monthly basis.
    The Commission estimates that each respondent makes approximately
12 such filings on an annual basis at an average hourly burden of
approximately 1.6 hours per response. Currently, 15 respondents (14
national securities exchanges and one national securities association)
are subject to the collection of information requirements of Rule 31.
The Commission estimates that the total burden for all respondents is
288 hours (12 filings/respondent per year x 1.6 hours/filing x 15
respondents) per year.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments regarding the above information should be directed to the
following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503 or by sending an e-mail to:
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief

Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or by sending
an e-mail to<EMAIL_ADDRESS>Comments must be submitted to the
Office of Management and Budget within 60 days of this notice.

    Dated: March 26, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-6218 Filed 4-3-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7279-7282]
[FR Doc No: 2018-03306]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82697; File No. SR-BOX-2018-07]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To Expand
the Short Term Option Series Program

February 13, 2018.
    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 February 8, 2018, BOX Options Exchange LLC (``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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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 proposes to amend BOX Rule 100(a)(65) and IM-5050-6 to
expand the Short Term Option Series Program (``Program'') to permit the
listing and trading of options series with Monday expirations that are
listed pursuant to the Program, including options on the SPDR S&P 500
ETF Trust (``SPY''). The text of the proposed rule change is available
from the principal office of the Exchange, at the Commission's Public
Reference Room and also on the Exchange's internet website at http://boxoptions.com.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 100(a)(65) and IM-5050-6 to
expand the Short Term Option Series Program (``Program'') to permit the
listing and trading of options series with Monday expirations that are
listed pursuant to the Program, including options on the SPDR S&P 500
ETF Trust (``SPY''). This is a competitive filing that is based on a
proposal recently submitted by Nasdaq PHLX LLC (``Phlx'') and approved
by the Commission.\3\
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    \3\ See Securities Exchange Act Release No. 82611 (February 1,
2018), 83 FR 5473 (February 7, 2018) (Order Approving SR-Phlx-2017-
103).
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    As set forth in Rule 100(a)(65), a Short Term Option Series is a
series in an option class that is approved for listing and trading on
the Exchange in which the series is opened for trading on any Tuesday,
Wednesday, Thursday or Friday that is a business day and that expires
on the Wednesday or Friday of the next business week. The Exchange is
now proposing to amend Rule 100(a)(65) to permit the listing of options
series that expire on Mondays. Specifically, the Exchange is proposing
that it may open for trading series of options on any Monday that is a
business day and that expires on the Monday of the next business week.
The Exchange is also proposing to list Monday expirations series on
Fridays that precede the expiration Monday by one business week plus
one business day. Since Rule 100(a)(65) already provides for the
listing of short term option series on Fridays, the Exchange is not
modifying this provision to allow for Friday listing of Monday
expiration series. However, the Exchange is amending Rule 100(a)(65) to
clarify that, in the case of a series that is listed on a Friday and
expires on a Monday, that series must be listed one business week and
one business day prior to that expiration (i.e., two Fridays prior to
expiration).
    As part of this proposal, the Exchange is also amending Rule
100(a)(65) to address the expiration of Monday expiration series when
the Monday is not a business day. In that case, the rule will provide
that the series shall expire on the first business day immediately
following that Monday. This procedure differs from the expiration date
of Wednesday expiration series that are scheduled to expire on a
holiday. In that case, the Wednesday expiration series shall expire on
the first business day immediately prior to that Wednesday, e.g.,
Tuesday of that week.\4\ However, the Exchange believes that it is
preferable to require Monday expiration series in this scenario to
expire on the Tuesday of that week rather than the previous business
day, e.g., the previous Friday, since the Tuesday is closer in time to
the scheduled expiration date of the series than the previous Friday,
and therefore may be more representative of anticipated market
conditions. The Exchange also notes that Cboe Exchange, Inc. (``Cboe'')
uses the same procedure for options on the S&P 500 index (``SPX'') with
Monday expirations that listed pursuant to its Nonstandard Expirations
Pilot Program and that are scheduled to expire on a holiday.\5\
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    \4\ See BOX Rule 100(a)(65).
    \5\ See CBOE Rule 24.9(e)(1) (``If the Exchange is not open for
business on a respective Monday, the normally Monday expiring Weekly
Expirations will expire on the following business day. If the
Exchange is not open for business on a respective Wednesday or
Friday, the normally Wednesday or Friday expiring Weekly Expirations
will expire on the previous business day.'')
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    The Exchange also proposes to make corresponding changes to IM-
5050-6, which sets forth the requirements for SPY options that are
listed pursuant to the Short Term Options Series Program, to permit
Monday SPY expirations (``Monday SPY Expirations''). Accordingly, the
Exchange proposes to amend IM-5050-6(d) to state that, with respect to
Monday SPY Expirations, the Exchange may open for trading on any Friday
or Monday that is a business day series of options on the SPY to expire
on any Monday of the month that is a business day and is not a Monday
in which Quarterly Options Series expire, provided that Monday SPY
Expirations that are listed on a Friday must be listed at least one
business week and one business day prior to the expiration. BOX may
list up to five consecutive Monday SPY Expirations at one time; the
Exchange may have no more than a total of five Monday SPY
Expirations.\6\ The Exchange will also clarify that, as with Wednesday
SPY Expirations,

Monday SPY Expirations will be subject to the provisions of this Rule.
---------------------------------------------------------------------------

    \6\ Proposed IM-5050-6(a) states that the Exchange may have no
more than a total of five Short Term Option Expiration Dates,
however the Exchange notes that this does not include any Monday or
Wednesday SPY Expirations as provided in paragraph (c) and proposed
paragraph (d) of IM-5050-6.
---------------------------------------------------------------------------

    The interval between strike prices for the proposed Monday SPY
Expirations will be the same as those for the current Short Term Option
Series for Wednesday and Friday SPY Expirations. Specifically, the
Monday SPY Expirations will have a $0.50 strike interval minimum. As is
the case with other options series listed pursuant to the Program, the
Monday SPY Expiration series will be P.M.-settled.
    Currently, for each option class eligible for participation in the
Program, the Exchange is limited to opening thirty (30) series for each
expiration date for the specific class. The thirty (30) series
restriction does not include series that are open by other securities
exchanges under their respective short term option rules; the Exchange
may list these additional series that are listed by other exchanges.\7\
This thirty (30) series restriction shall apply to Monday SPY
Expiration series as well. In addition, the Exchange will be able to
list series that are listed by other exchanges, assuming they file
similar rules with the Commission to list SPY options expiring on
Mondays.
---------------------------------------------------------------------------

    \7\ See IM-5050-6(b).
---------------------------------------------------------------------------

    Finally, the Exchange is amending IM-5050-6(b)(2), which addresses
the listing of Short Term Options Series that expire in the same week
as monthly or quarterly options series. Currently, that rule states
that no Short Term Option Series may expire in the same week in which
monthly option series on the same class expire (with the exception of
Wednesday SPY Expirations) or, in the case of Quarterly Options Series,
on an expiration that coincides with an expiration of Quarterly Option
Series on the same class. As with Wednesday SPY Expirations, the
Exchange is proposing to permit Monday SPY Expirations to expire in the
same week as monthly options series on the same class. The Exchange
believes that it is reasonable to extend this exemption to Monday SPY
Expirations because Monday SPY Expirations and standard monthly options
will not expire on the same trading day, as standard monthly options
expire on Fridays. Additionally, the Exchange believes that not listing
Monday SPY Expirations for one week every month because there was a
monthly SPY expiration on the Friday of that week would create investor
confusion.
    Relatedly, BOX is also amending IM-5050-6(b)(2) to clarify that
Monday and Wednesday SPY Expirations may expire in the same week as
monthly option series in the same class expire, but that no Short Term
Option Series may expire on the same day as an expiration of Quarterly
Option Series on the same class. This change will make that provision
more consistent with the existing language in IM-5050-6 that prohibits
Wednesday SPY Expirations from expiring on a Wednesday in which
Quarterly Options Series expire.
    The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Monday expirations.
The Exchange has the necessary capacity and surveillance programs in
place to support and properly monitor trading in the proposed Monday
expiration series, including Monday SPY Expirations. The Exchange
currently trades P.M.-settled Short Term Option Series that expire
almost every Wednesday and Friday, which provide market participants a
tool to hedge special events and to reduce the premium cost of buying
protection. The Exchange notes that it has been listing Wednesday
expirations pursuant to Rule 100(a)(65) and IM-5050-6 since 2016.\8\
With the exception of Monday expiration series that are scheduled to
expire on a holiday, the Exchange does not believe that there are any
material differences between Monday expirations and Wednesday or Friday
expirations for Short Term Option Series.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 78668 (August 24,
2016), 81 FR 59696 (August 30, 2016) (SR-BOX-2016-28).
---------------------------------------------------------------------------

    The Exchange seeks to introduce Monday expirations to, among other
things, expand hedging tools available to market participants and to
continue the reduction of the premium cost of buying protection. The
Exchange believes that Monday expirations, similar to Wednesday and
Friday expirations, will allow market participants to purchase an
option based on their timing as needed and allow them to tailor their
investment and hedging needs more effectively.
    While other exchanges do not currently list Monday SPY Expirations,
the Exchange notes that other exchanges currently permit Monday
expirations for other options. For example, Cboe lists options on the
SPX with a Monday expiration as part of its Nonstandard Expirations
Pilot Program.\9\
---------------------------------------------------------------------------

    \9\ See CBOE Rule 24.9(e)(1) (``The Exchange may open for
trading Weekly Expirations on any broad-based index eligible for
standard options trading to expire on any Monday, Wednesday, or
Friday (other than the third Friday-of-the month or days that
coincide with an EOM expiration.'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\10\ in general, and Section 6(b)(5) of the Act,\11\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that Monday expirations,
including Monday SPY Expirations, simply expand the ability of
investors to hedge risk against market movements stemming from economic
releases or market events that occur throughout the month in the same
way that the Short Term Option Series Program has expanded the
landscape of hedging. Similarly, the Exchange believes Monday
expirations, including Monday SPY Expirations, should create greater
trading and hedging opportunities and flexibility, and will provide
customers with the ability to tailor their investment objectives more
effectively. While other exchanges do not currently list Monday SPY
Expirations, the Exchange notes that Cboe currently permits Monday
expirations for other options with a weekly expiration, such as options
on the SPX.
    With the exception of Monday expiration series that are scheduled
to expire on a holiday, the Exchange does not believe that there are
any material differences between Monday expirations, including Monday
SPY expirations, and Wednesday or Friday expirations, including
Wednesday and Friday SPY Expirations, for Short Term Option Series. The
Exchange notes that it has been listing Wednesday expirations pursuant
to Rule 100(a)(65) and IM-5050-6 since 2016. The Exchange believes that
it is consistent with the Act to treat Monday expiration series that
expire on a holiday differently than Wednesday or Friday expiration
series, since the proposed treatment for Monday expiration series will
result in an expiration date that is closer in time to the scheduled
expiration date of the series, and therefore may be more representative
of anticipated market conditions. The Exchange also notes that Cboe
uses the same procedure for SPX options with

Monday expirations that are listed pursuant to its Nonstandard
Expiration Pilot Program and that are scheduled to expire on a holiday.
    Given the similarities between Monday SPY Expiration series and
Wednesday and Friday SPY Expiration series, the Exchange believes that
applying the provisions in IM-5050-6 that currently apply to Wednesday
SPY Expirations to Monday SPY Expirations is justified. For example,
the Exchange believes that allowing Monday SPY Expirations and monthly
SPY expirations in the same week will benefit investors and minimize
investor confusion by providing Monday SPY Expirations in a continuous
and uniform manner. The Exchange also believes that is appropriate to
amend IM-5050-6(b)(2) to clarify that no Short Term Option Series may
expire on the same day as an expiration of Quarterly Option Series on
the same class. This change will make that provision more consistent
with the existing language in IM-5050-6 that prohibits Wednesday SPY
Expirations from expiring on a Wednesday in which Quarterly Options
Series expire.
    Finally, the Exchange represents that it has an adequate
surveillance program in place to detect manipulative trading in Monday
expirations, including Monday SPY Expirations, in the same way that it
monitors trading in the current Short Term Option Series. The Exchange
also represents that it has the necessary systems capacity to support
the new options series.

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. In this regard and as indicated
above, the Exchange notes that the rule change is being proposed as a
competitive response to a filing submitted by Phlx that was recently
approved by the Commission.\12\ The Exchange notes that having Monday
expirations is not a novel proposal, as Cboe currently lists and trades
short-term SPX options with a Monday expiration. The Exchange does not
believe the proposal will impose any burden on intra-market
competition, as all market participants will be treated in the same
manner under this proposal. Additionally, the Exchange does not believe
the proposal will impose any burden on inter-market competition, as
nothing prevents the other options exchanges from proposing similar
rules to list and trade short-term options series with Monday
expirations.
---------------------------------------------------------------------------

    \12\ See supra note 3.
---------------------------------------------------------------------------

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 comments on the
proposed rule change.

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, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\13\ and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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 intention 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii)\15\ permits the Commission to designate a shorter time
if such action is consistent with the protection of investors and the
public interest. The Exchange has asked the Commission to waive the 30-
day operative delay so that the proposal may become operative
immediately upon filing. The Commission notes that it recently approved
Phlx's substantially similar proposal to list and trade Monday SPY
Expirations.\16\ The Exchange has stated that waiver of the operative
delay will allow the Exchange to list and trade Monday SPY Expirations
as soon as possible, and therefore, promote competition among the
option exchanges. For these reasons, the Commission believes that the
proposed rule change presents no novel issues and that waiver of the
30-day operative delay is consistent with the protection of investors
and the public interest, and will allow the Exchange to remain
competitive with other exchanges. Therefore, the Commission hereby
waives the 30-day operative delay and designates the proposal effective
upon filing.\17\ 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.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See supra note 3.
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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-BOX-2018-07 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-BOX-2018-07. 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-BOX-2018-07 and should be
submitted on or before March 9, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03306 Filed 2-16-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Rules and Regulations]
[Pages 28186-28187]
[FR Doc No: 2015-11937]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0063]

Safety Zones; Annual Firework Displays Within the Captain of the
Port, Puget Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zones for annual
firework displays in the Captain of the Port, Puget Sound Zone during
the dates and times noted below. This action is necessary to prevent
injury and to protect life and property of the maritime public from the
hazards associated with the firework displays. During the enforcement
periods, entry into, transit through, mooring, or anchoring within
these safety zones is prohibited unless authorized by the Captain of
the Port, Puget Sound or their Designated Representative.

DATES: The regulations in 33 CFR 165.1332 will be enforced between July
4 and July 12, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email MST1 Kenneth Hoppe, Sector Puget Sound
Waterways Management, Coast Guard; telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones established for Annual Fireworks Displays within the Captain of
the Port, Puget Sound Area of Responsibility in 33 CFR 165.1332 during
the dates and times noted below.
    The following safety zones will be enforced from 5:00 p.m. on July
4, 2015 through 1:00 a.m. on July 5, 2015.

----------------------------------------------------------------------------------------------------------------
                                                                                Radius
          Event name                 Location              Latitude                  Longitude          (yards)
----------------------------------------------------------------------------------------------------------------
Tacoma Freedom Fair...........  Commencement Bay.  47[deg]17.103' N........  122[deg]28.410' W.......        300
City of Renton Fireworks......  Renton, Lake       47[deg]30.386' N........  122[deg]12.502' W.......        100
                                 Washington.
Des Moines Fireworks..........  Des Moines.......  47[deg]24.117' N........  122[deg]20.033' W.......        200
Three Tree Point Community      Three Tree Point.  47[deg]27.033' N........  122[deg]23.15' W........        200
 Fireworks.
Roche Harbor Fireworks........  Roche Harbor.....  48[deg]36.7' N..........  123[deg]09.5' W.........        200
Deer Harbor Annual Fireworks    Deer Harbor......  48[deg]37.0' N..........  123[deg]00.25' W........        150
 Display.
Blast Over Bellingham.........  Bellingham Bay...  48[deg]44.933' N........  122[deg]29.667' W.......        300
----------------------------------------------------------------------------------------------------------------

    The following safety zone will be enforced from 5:00 p.m. on July
11, 2015 through 1:00 a.m. on July 12, 2015:

----------------------------------------------------------------------------------------------------------------
                                                                                Radius
          Event name                 Location              Latitude                  Longitude          (yards)
----------------------------------------------------------------------------------------------------------------
Mercer Island Celebration.....  Mercer Island....  47[deg]35.517' N........  122[deg]13.233' W.......        250
----------------------------------------------------------------------------------------------------------------

    The special requirements listed in 33 CFR 165.1332, which published
in the Federal Register on June 15, 2010 (75 FR 33700), apply to the
activation and enforcement of these safety zones. All vessel operators
who desire to enter the safety zone must obtain permission from the
Captain of the Port or their Designated Representative by contacting
the Coast Guard Sector Puget Sound Joint Harbor Operations Center
(JHOC) on VHF Ch 13 or Ch 16 or via telephone at<PHONE_NUMBER>.
    The Coast Guard may be assisted by other Federal, State, or local
law enforcement agencies in enforcing this regulation.
    This document is issued under authority of 33 CFR 165.1332 and 33
CFR part 165 and 5 U.S.C. 552(a). In addition to this document, the
Coast Guard will provide the maritime community with extensive advanced
notification of the safety zones via the Local Notice to Mariners and
marine information broadcasts on the day of the events.

    Dated: May 1, 2015.
M.W. Raymond,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2015-11937 Filed 5-15-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Proposed Rules]
[Pages 40663-40664]
[FR Doc No: 2013-16328]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60, 61, and 63

[EPA-R08-OAR-2012-0764; FRL-9828-5]

Delegation of Authority to the Southern Ute Indian Tribe To
Implement and Enforce National Emissions Standards for Hazardous Air
Pollutants and New Source Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is taking final action to approve the Southern Ute Indian
Tribe's (SUIT) July 3, 2012 request for delegation of authority to
implement and enforce National Emissions Standards for Hazardous Air
Pollutants (NESHAP) and New Source Performance Standards (NSPS). This
request establishes and requires SUIT to administer a NSPS and NESHAPs
program per EPA regulations. The delegation is facilitated by SUIT's
treatment ``in the same manner as a state'' (TAS) document, per CAA
requirements.

DATES: Written comments must be received on or before August 7, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0764, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding
Federal holidays. Special arrangements should be made for deliveries of
boxed information.
    Please see the direct final rule which is located in the Rules
Section of this Federal Register for detailed instruction on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Kyle Olson, Air Program, Mailcode 8P-
AR, U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA is taking final action approving
Southern Ute Indian Tribe's (SUIT) July 3, 2012 request for delegation
of authority to implement and enforce National Emissions Standards for
Hazardous Air Pollutants (NESHAP) and New Source Performance Standards
(NSPS). This request establishes and requires SUIT to administer a NSPS
and NESHAPs program per EPA regulations. SUIT met the requirements of
Clean Air Act (CAA) sections 111(c) and 112(l) and 40 CFR Subpart E for
full approval to administer CAA 111 and CAA 112 programs entirely due
to its prior approval of its CAA Title V Part 70 Permitting Program.
The delegation is facilitated by SUIT's treatment ``in the same manner
as a state'' (TAS) document, per CAA section 301(d)(2). This action is
being taken under section 111 and 112 of the CAA.
    In the ``Rules and Regulations'' section of this Federal Register,
EPA is approving the delegation as a direct final rule without prior
proposal because the Agency views this as a noncontroversial delegation
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the preamble to the direct final rule. If EPA
receives no adverse comments, EPA will not take further action on this
proposed rule. If EPA receives adverse comments, EPA will withdraw the
direct final rule and it will not take effect. EPA will address all
public comments in a subsequent final rule based on this proposed rule.
EPA will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment. See the
information provided in the direct final action of the same title which
is located in the Rules and Regulations Section of this Federal
Register.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 30, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2013-16328 Filed 7-5-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74144-74147]
[FR Doc No: 2014-29244]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73797; File No. SR-EDGA-2014-32]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rules
1.5 and 11.3 of EDGA Exchange, Inc.

December 9, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 28, 2014, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared

by the Exchange. The Exchange has designated this proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange filed a proposal to amend Rules 1.5(z), the definition
of Sponsored Participant,\5\ and 11.3, titled Access, to harmonize its
sponsored access rules and definitions with those set forth under BATS
Exchange, Inc. (``BATS'') Rules 1.5(x) and 11.3 as well as BATS Y-
Exchange, Inc. (``BYX'') Rules 1.5(x) and 11.3.\6\
---------------------------------------------------------------------------

    \5\ As defined below.
    \6\ See BATS Rules 1.5(x) and 11.3; BYX Rules 1.5(x) and 11.3.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.directedge.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
    The Exchange proposes to amend Rules 1.5(z) and 11.3 to harmonize
its sponsored access rules with those set forth under BATS Rules 1.5(x)
and 11.3 and BYX Rules 1.5(x) and 11.3.\7\ Earlier this year, the
Exchange and its affiliate EDGX Exchange, Inc. (``EDGX'') received
approval to effect a merger (the ``Merger'') of the Exchange's parent
company, Direct Edge Holdings LLC, with BATS Global Markets, Inc., the
parent of BATS and BYX (together with BATS, BYX, EDGA and EDGX, the
``BGM Affiliated Exchanges'').\8\ In the context of the Merger, the BGM
Affiliated Exchanges are working to align certain rules, retaining only
intended differences between the BGM Affiliated Exchanges. As part of
this effort, the proposal set forth below harmonizes Exchange Rules
1.5(z) and 11.3 with BATS and BYX Rules 1.5(x) and 11.3 by aligning the
rules around sponsored access for all sponsored participants and
sponsoring members of the BGM Affiliated Exchanges.\9\
---------------------------------------------------------------------------

    \7\ See supra note 5.
    \8\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013-
34).
    \9\ The Exchange understands that EDGX is to file a proposed
rule change with the Commission to adopt similar requirements.
---------------------------------------------------------------------------

    Rule 11.3 currently provides that the System \10\ shall be
available for entry and execution of orders by Users with authorized
access. In order to obtain authorized access to the System, each Member
must enter into an agreement with the Exchange in such form as the
Exchange may provide. A Sponsored Participant \11\ may obtain
authorized access to the System only if such access is authorized in
advance by one or more Sponsoring Members \12\ as follows: (i)
Sponsored Participants must enter into and maintain sponsored or direct
access arrangements with one or more Sponsoring Members establishing
proper relationship(s) and account(s) through which the Sponsored
Participant may trade on the System; (ii) Sponsoring Member shall
maintain a list of Sponsored Participants who Sponsoring Member has
authorized to obtain access to the System pursuant to this Rule, shall
update the list of Sponsored Participants as necessary, and provide the
list of Sponsored Participants to the Exchange upon request; and (iii)
Sponsoring Members shall comply with Rule 15c3-5 under the Exchange Act
(the ``Market Access Rule'') \13\ with regard to market access
arrangements with Sponsored Participants.
---------------------------------------------------------------------------

    \10\ System is defined in EDGA Rule 1.5(cc).
    \11\ Sponsored Participant is defined in EDGA Rule 1.5(z).
    \12\ Sponsoring Members is defined in EDGA Rule 1.5(aa).
    \13\ 17 CFR 240.15c3-5.
---------------------------------------------------------------------------

    The Exchange is proposing to delete Rules 11.3(b)(2) and (3), which
are described in items (ii) and (iii) above. The Exchange is proposing
to delete 11.3(b)(2) in order to add more thorough requirements for a
Member to provide sponsored access to a Sponsored Participant, as
described below. The Exchange is proposing to delete Rule 11.3(b)(3) in
order to align the Exchange's rules with those of BATS and BYX. The
Exchange notes that, while Rule 11.3(b)(3) requires a Sponsoring Member
to comply with the Market Access Rule, such obligation applies to all
brokers or dealers with market access \14\ and thus exists whether or
not the Exchange has a rule requiring compliance. As such, deleting
current Rule 11.3(b)(3) does not alter a Member's or a Sponsored
Participant's obligation to comply with the Market Access Rule.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.15c3-5(b).
---------------------------------------------------------------------------

    The Exchange is also proposing to amend Rule 11.3(b)(1) in order to
replace ``sponsored or direct access arrangements'' with ``customer
agreements.'' In coordination with this change, the Exchange is also
proposing to add the following sentence to the end of Rule 11.3(b)(1):
``Such customer agreement(s) must incorporate the sponsorship
provisions set forth in paragraph (2) below.''
    The Exchange is also proposing to add a new Rule 11.3(b)(2), which
contains the requirements for the customer agreements referenced in
proposed Rule 11.3(b)(1). As proposed, in order for a Sponsored
Participant to obtain and maintain authorized access to the System, a
Sponsored Participant and its Sponsoring Member must agree in writing
to the following sponsorship provisions: (i) The Sponsored Participant
and its Sponsoring Member must have entered into and maintained a User
Agreement with the Exchange; (ii) the Sponsoring Member must
acknowledge and agree that all orders entered by the Sponsored
Participant and any person acting on behalf of or in the name of such
Sponsored Participant and any executions occurring as a result of such
orders are binding in all respects on the Sponsoring Member, and the
Sponsoring Member is responsible for any and all actions taken by such
Sponsored Participant and any person acting on behalf of or in the name
of such Sponsored Participant; (iii) the Sponsoring Member shall comply
with the Exchange's Certificate of Incorporation, By-Laws, Rules and
procedures, and the Sponsored Participant shall comply with the
Exchange's Certificate of Incorporation, By-Laws, Rules and procedures,
as if such Sponsored Participant were a Member; (iv) the Sponsored
Participant shall maintain, keep current and provide to the Sponsoring
Member, and to the Exchange upon request, a list of Authorized Traders
who may obtain access to the System on behalf of the

Sponsored Participant. Sponsored Participant shall be subject to the
obligations of Rule 11.4 with respect to such Authorized Traders; \15\
(v) the Sponsored Participant shall familiarize its Authorized Traders
with all of the Sponsored Participant's obligations under this Rule and
will assure that they receive appropriate training prior to any use or
access to the System; (vi) the Sponsored Participant may not permit
anyone other than Authorized Traders to use or obtain access to the
System; (vii) the Sponsored Participant shall take reasonable security
precautions to prevent unauthorized use or access to the System,
including unauthorized entry of information into the System, or the
information and data made available therein. The Sponsored Participant
understands and agrees that the Sponsored Participant is responsible
for any and all orders, trades and other messages and instructions
entered, transmitted or received under identifiers, passwords and
security codes of Authorized Traders, and for the trading and other
consequences thereof; (viii) the Sponsored Participant acknowledges its
responsibility to establish adequate procedures and controls that
permit it to effectively monitor its employees', agents' and customers'
use and access to the System for compliance with the terms of this
agreement; and (ix) the Sponsored Participant shall pay when due all
amounts, if any, payable to Sponsoring Member, the Exchange or any
other third parties that arise from the Sponsored Participant's access
to and use of the System. Such amounts include, but are not limited to
applicable exchange and regulatory fees.
---------------------------------------------------------------------------

    \15\ See EDGA Rule 11.4.
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    The Exchange is also proposing to replace Rule 11.3(b)(3) to state
that the Sponsoring Member must provide the Exchange with a written
statement in form and substance acceptable to the Exchange identifying
each Sponsored Participant by name and acknowledging its responsibility
for the orders, executions and actions of such Sponsored Participant.
Such written statement in form and substance acceptable to the Exchange
will be available as the ``Sponsored Application and Agreements'' form
on the Exchange's Web site.\16\
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    \16\ The Exchange's Web site is accessible at
www.directedge.com.
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    Finally, the Exchange is proposing to amend Rule 1.5(z) to align
the definition of Sponsored Participant with the definition on BATS and
BYX \17\ and to align the definition with the relationship between a
Sponsoring Member, Sponsored Participant, and the Exchange, as proposed
above. Specifically, the Exchange is proposing that the term Sponsored
Participant mean a person which has entered into a sponsorship
arrangement with a Sponsoring Member pursuant to Rule 11.3.
---------------------------------------------------------------------------

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

    The Exchange notes that this proposal would in effect restore
Exchange Rules 1.5(z) and 11.3 to their state prior to filing SR-EDGA-
2012-24 (the ``Filing'').\18\ In the Filing, the Exchange described the
rationale for the proposed changes as being rendered superfluous and
unnecessary by the adoption of Market Access Rule. Such changes, in
contrast to the rules on BATS and BYX, however, created a situation in
which the Exchange still had Sponsored Participants that were entering
orders through Sponsoring Members, but the Exchange had no direct
relationship with Sponsored Participants. In certain circumstances,
this arrangement led to employees of the Exchange being unable to
discuss certain order and/or trade details with Sponsored Participants.
Based on these experiences, the Exchange no longer views the proposed
rule text as superfluous, but, rather, such proposed rule text outlines
a reasonable set of standards for a sponsored access relationship
between the Exchange, the Sponsoring Member, and the Sponsored
Participant. The Exchange believes that the proposed changes will
enhance its rules and, as discussed above, harmonize the Exchange's
rules with those of BATS and BYX. The Exchange does note that the
proposal is not intended to supersede or supplement the Market Access
Rule in any way, but rather to establish a more thorough set of rules
under which the Exchange, Sponsored Participants, and Sponsoring
Members will interact. As such, the Exchange also notes that compliance
with the proposed rules has no bearing on whether any particular
Member, Sponsoring Member, or Sponsored Participant is in compliance
with the Market Access Rule.
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 67712 (August 22,
2012), 77 FR 52097 (August 28, 2012) (SR-EDGA-2012-27).
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Implementation Date
    The Exchange intends to implement the proposed rule change on or
about January 12, 2015. The Exchange will announce the implementation
of the proposed rule change via a trading notice to be posted on the
Exchange's Web site.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \19\ and furthers the objectives of
Section 6(b)(5) of the Act,\20\ in that it is designed promote just and
equitable principles of trade, remove impediments to, and perfect the
mechanism of, a free and open market and a national market system, and,
in general, protect investors and the public interest. The proposal
would effectively allow a Sponsoring Member(s) to provide a Sponsored
Participant(s) with access to the Exchange and the ability to interact
directly with Exchange employees. More specifically, the Exchange
believes that the proposal is designed to promote just and equitable
principles of trade, remove impediments to, and perfect the mechanism
of, a free and open market and a national market system, and, in
general protect investors and the public interest because it would
allow the Exchange to directly recognize the trading activity of
Sponsored Participants and to communicate directly with Sponsored
Participants regarding any potential issues that may arise.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is not designed
to permit unfair discrimination between customers, issuers, brokers or
dealers. The proposed rule change is identical to the existing rules of
BATS and BYX.\21\ The proposed rule change is intended to align the
Exchange's requirements for Sponsoring Members to provide sponsored
access to Sponsored Participants with that of BATS, BYX, and EDGX \22\
in order to provide consistent rules across the BGM Affiliated
Exchanges. Consistent rules, in turn, will simplify the regulatory
requirements for Members of the Exchange that are also participants on
the other BGM Affiliated Exchanges. The proposed rule change would
provide greater harmonization between the rules of the BGM Affiliated
Exchanges of similar purpose, resulting in greater uniformity and less
burdensome and more efficient regulatory compliance. As such, the
proposed rule change would foster cooperation and coordination with
persons engaged in facilitating transactions in securities and would
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \21\ See supra note 5.
    \22\ See supra note 9.

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

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change would not impose any burden on
competition. The Exchange believes that the proposed rule changes will
not burden intramarket competition because all Sponsoring Members and
Sponsored Participants would be subject to the same requirements for
sponsored access. The proposed rule change is not designed to address
any competitive issues but rather is designed to provide greater
harmonization among the Exchange, EDGX, BATS and BYX rules of similar
purpose, resulting in less burdensome and more efficient regulatory
compliance for common members of the BGM Affiliated Exchanges.

(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 Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) of the Act \23\ and paragraph (f)(6) of Rule
19b-4 thereunder.\24\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) 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 proposal 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 No. SR-EDGA-2014-32 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 No. SR-EDGA-2014-32. 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 such filing will also 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 No. SR-EDGA-2014-32 and should be
submitted on or before January 5, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29244 Filed 12-12-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5399-5400]
[FR Doc No: 2023-01602]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0242]

Parts and Accessories Necessary for Safe Operation; Exemption
Application From Encore Building Products

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on Encore Building Products' (Encore)
application for an exemption from the requirement that lighting devices
be steady burning. The exemption would allow the company to operate
commercial motor vehicles (CMVs), equipped with a module manufactured
by Intellistop, Inc. (Intellistop) which pulses the rear clearance,
identification, and brake lamps from low-level lighting intensity to
high-level lighting intensity 4 times in 2 seconds when the brakes are
applied. FMCSA requests public comment on the applicant's request for
exemption.

DATES: Comments must be received on or before February 27, 2023.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2022-0242 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Dockets Operations, 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, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
(FMCSA-2022-0242) for this notice. Note that DOT posts all comments
received without change to 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 www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Dockets
Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, FMCSA, at<PHONE_NUMBER>, or by email at
[email protected].
    If you have questions on viewing or submitting material to the
docket, contact Dockets Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. 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-2022-0242), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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, go to www.regulations.gov and put
the docket number ``FMCSA-2022-0242'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA

must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must provide an
opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)) with
the reasons for denying or granting the application and, if granted,
the name of the person or class of persons receiving the exemption and
the regulatory provision from which the exemption is granted. The
notice must specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).

III. Encore's Request

    Encore seeks an exemption from the requirement in 49 CFR 393.25(e)
that all exterior lamps (both required lamps and any additional lamps)
be steady-burning, except for turn signal lamps, hazard warning signal
lamps, school bus warning lamps, amber warning lamps or flashing
warning lamps on tow trucks and CMVs transporting oversized loads, and
warning lamps on emergency and service vehicles authorized by State or
local authorities.
    Encore asserts that using the Intellistop module, which pulses the
rear clearance, identification, and brake lamps from low-level lighting
intensity to high-level lighting intensity 4 times in 2 seconds when
the brakes are applied rather than providing steady burning lamps
during the first 2 seconds, would enhance rear signal systems. Encore
submits that pulsing the rear brake lamps of a CMV may significantly
increase visibility and reduce the frequency of rear-end crashes, and
thus would maintain a level of safety that is equivalent to, or greater
than, the level that the CMV would achieve without the requested
exemption.
    On October 7, 2022 (87 FR 61133), FMCSA denied Intellistop's
application for an industry-wide exemption to allow all motor carriers
to operate commercial motor vehicles (CMVs) equipped with Intellistop's
module. FMCSA noted that the decision did not preclude individual motor
carriers from seeking an exemption from 49 CFR 393.25(e) to purchase,
install, and use Intellistop's device subject to terms and conditions
to allow sufficient monitoring of the use of the device. Therefore,
consistent with the October 7, 2022, decision, the Agency seeks public
comment on Encore's carrier-specific exemption application.
    A copy of Encore's application is included in the docket referenced
at the beginning of this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Encore's application for a five-
year exemption from 49 CFR 393.25(e) to allow the company to operate
CMVs equipped with Intellistop's module which pulses the rear
clearance, identification and brake lamps from low-level lighting
intensity to high-level lighting intensity 4 times in 2 seconds when
the brakes are applied.
    All comments received before the close of business on the comment
closing date will be considered and will be available for examination
in the docket at the location listed under the Addresses section of
this notice. Comments received after the comment closing date will be
filed in the public docket and may be considered to the extent
practicable. In addition to late comments, FMCSA will also continue to
file, in the public docket, relevant information that becomes available
after the comment closing date. Interested persons should continue to
examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-01602 Filed 1-26-23; 8:45 am]
BILLING CODE 4910-EX-P