[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Notices]
[Page 31656]
[FR Doc No: 2019-14134]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on Land Use Changes to
Surplus Property at the Mobile Downtown Airport, Mobile, Alabama

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent to rule on land use change request.

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SUMMARY: Under the provisions of Title 49, Notice is being given that
the FAA is considering a request from the Mobile Airport Authority to
waive the requirement that 6.00 acres of airport property located at
the Mobile Downtown Airport in Mobile, Alabama, be used for
aeronautical purposes.

DATES: Comments must be received on or before August 1, 2019.

ADDRESSES: Comments on this notice may be mailed or delivered in
triplicate to the FAA to the following address: Jackson Airports
District Office Attn: Graham Coffelt, Program Manager, 100 West Cross
Street, Suite B, Jackson, MS 39208-2307.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mobile Airport Authority, Attn: Mr. Chris Curry,
Executive Director, PO Box 880004, Mobile, AL 36608.

FOR FURTHER INFORMATION CONTACT: Graham Coffelt, Program Manager,
Jackson Airports District Office, 100 West Cross Street, Suite B,
Jackson, MS 39208-2307,<PHONE_NUMBER>. The land release request may be
reviewed in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA is reviewing a request by the Mobile
Airport Authority to designate 6.00 acres of land for non-aeronautical
use on the airport layout plan. The airport layout plan update, if
approved as submitted, would change the use of 6.00 aces on the Mobile
Downtown Airport from aeronautical to non-aeronautical. The property
will be leased for Commercial Development. The location of the land
relative to existing or anticipated aircraft noise contours greater
than 65ldn are not considered to be an issue. The proceeds from the
lease of this property will be used for airport purposes. The proposed
use of this property is compatible with airport operations.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the request,
notice and other documents germane to the request in person at the
Mobile Downtown Airport (BFM).

    Issued in Jackson, Mississippi on June 18, 2019.
Rans D. Black,
Manager, Jackson Airports District Office, Southern Region.
[FR Doc. 2019-14134 Filed 7-1-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Page 4394]
[FR Doc No: 2012-1850]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Release of Airport Property: Orlando Executive Airport, Orlando,
FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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SUMMARY: The FAA hereby provides notice of intent to release certain
airport properties 12.4 acres at the Orlando Executive Airport,
Orlando, FL from the conditions, release certain properties from all
terms, conditions, reservations and restrictions of a Quitclaim Deed
agreement, dated August 9, 1961, between the subject airport and the
Federal Aviation Administration. The release of property will allow the
Greater Orlando Aviation Authority to dispose of the property for
municipal purposes. The property is located south-southwest portion of
airport property, adjacent to State Road 408, in Orange County,
Florida. The parcels are currently designated as non-aeronautical use.
The property will be released of its federal obligations for Fair
Market Value. The fair market value of the parcels is estimated to be
$2,243,160.
    Documents reflecting the Sponsor's request are available, by
appointment only, for inspection at the Greater Orlando Aviation
Authority Offices at the Orlando International Airport and the FAA
Airports District Office.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

DATES: Comments are due on or before February 27, 2012.

ADDRESSES: Documents are available for review at the Greater Orlando
Aviation Authority Offices at the Orlando International Airport, and
the FAA Airports District Office, 5950 Hazeltine National Drive, Suite
400, Orlando, FL 32822. Written comments on the Sponsor's request must
be delivered or mailed to: Rebecca R. Henry, Program Manager, Orlando
Airports District Office, 5950 Hazeltine National Drive, Suite 400,
Orlando, FL 32822-5024.

FOR FURTHER INFORMATION CONTACT: Rebecca R. Henry, Program Manager,
Orlando Airports District Office, 5950 Hazeltine National Drive, Suite
400, Orlando, FL 32822-5024.

W. Dean Stringer,
Manager, Orlando Airports District Office, Southern Region.
[FR Doc. 2012-1850 Filed 1-26-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71150-71153]
[FR Doc No: 2016-24842]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79076; File No. SR-BX-2016-050]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
of Partial Amendment Nos. 1 and 3, and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Partial Amendment
Nos. 1 and 3, to System Functionality Necessary To Implement the
Regulation NMS Plan To Implement a Tick Size Pilot Program

October 7, 2016.

I. Introduction

    On September 7, 2016, NASDAQ BX, Inc. (``Exchange'' or ``BX'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') pursuant to Section 19(b)(1) of the Securities Exchange
Act of 1934 (``Exchange Act'' or ``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to adopt paragraph (d) and
Commentary .12 to BX Rule 4770 to change System \3\ functionality
necessary to implement the Regulation NMS Plan to Implement a Tick Size
Pilot Program (``Plan'' or ``Pilot'').\4\ The Exchange is also
proposing amendments to BX Rule 4770(a) and (c) to clarify certain
exceptions to the Trade-at Prohibition.\5\ The proposed rule change was
published for comment in the Federal Register on September 20, 2016.\6\
The Commission received two comment letters in response to the
Notice.\7\ On September 29, 2016, the Exchange filed Partial Amendment
No. 1 to the proposed rule change.\8\ On October 4, 2016, the Exchange
filed Partial Amendment No. 2 to the proposed rule change. On October
7, 2016, the Exchange withdrew Amendment No. 2 and filed Partial
Amendment No. 3 to the proposed rule change.\9\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The term ``System'' is defined as the automated system for
order execution and trade reporting owned and operated by BX. See BX
Rule 4701(a).
    \4\ See Securities Exchange Act Release No. 74892 (May 6, 2015),
80 FR 27513 (May 13, 2015) (``Approval Order''). Unless otherwise
specified, capitalized terms used in this rule filing are defined as
set forth in the Plan.
    \5\ BX Rule 4770(c)(3)(D)(i) defines the ``Trade-at
Prohibition'' as the prohibition against executions by a Trading
Center of a sell order for a Pilot Security at the price of a
Protected Bid or the execution of a buy order for a Pilot Security
at the price of a Protected Offer during regular trading hours. See
also Plan Section VI(D).
    \6\ Securities Exchange Act Release No. 78838 (September 14,
2016), 81 FR 64566 (``Notice'').
    \7\ See Letters to Brent J. Fields, Secretary, Commission, from
Elizabeth K. King, General Counsel and Corporate Secretary, New York
Stock Exchange, Inc.; Eric Swanson, EVP, General Counsel and
Secretary, BATS Global Markets, Inc.; Thomas A. Wittman, EVP, Global
Head of Equities, Nasdaq, Inc., dated September 9, 2016 (``Comment
Letter No. 1'') and from Eric Swanson, EVP, General Counsel and
Secretary, BATS Global Markets, Inc., dated September 12, 2016
(``Comment Letter No. 2'').
    \8\ In Partial Amendment No. 1, the Exchange proposes to change
references in the rule text from ``added to the Exchange Book'' to
``ranked on the Exchange Book'' as applicable for Price to Comply
Orders, Non-Displayed Orders, Post-Only Orders, and Orders with
Reserve Size. The Exchange also proposes to clarify that in certain
cases Price to Comply Orders, not attributable Post-Only Orders, and
certain Orders with Reserve Size may be ranked on the Exchange Book
at the midpoint of the National Best Bid or Offer (``NBBO'').
Finally, the Exchange proposes three amendments related to the
operation of Reserve Size for Test Group Three Pilot Securities: (i)
Change references from ``Reserve Order'' to ``Order with Reserve
Size''; (ii) clarify that the Reserve Size attribute is only
available for Price to Comply Orders and Price to Display Orders
entered via the RASH or FIX protocols; and (iii) clarify the
handling of Orders with Reserve Size in scenarios where such Orders
are entered at a price that locks a Protected Quotation on an away
market center.
    \9\ In Partial Amendment No. 3, the Exchange proposes to delete
certain rule text to remove the re-pricing functionality for resting
Price to Comply Orders, resting Non-Displayed Orders, and resting
Post-Only Orders entered via OUCH or FLITE protocols for Test Group
Three Pilot Securities. The Exchange explained that its systems were
re-programmed for Test Group Three Pilot Securities to permit
resting Price to Comply Orders, resting Non-Displayed Orders, and
resting Post-Only Orders entered via OUCH or FLITE protocols to
repeatedly re-price in response to changes to the NBBO and/or the
Exchange's best Bid or Offer (``BBO''). The Exchange noted that it
is currently re-programming its systems to remove the proposed
functionality. Further, the Exchange stated that if it appears that
the multiple re-pricing functionality will remain operational by
October 17, 2016, the Exchange will file a proposed rule change with
the Commission and provide notice to market participants
sufficiently in advance of that date. The proposed rule change and
notice to market participants will describe the current operation of
the systems and timing of re-programming. In any event, the Exchange
states that the removal of this functionality shall be completed no
later than November 30, 2016. In addition, the Exchange proposes to
modify the Block Size Order exception to the Trade-at Prohibition.
The Exchange also clarified that that it would not apply the Trade-
at Prohibition outside of Regular Trading Hours. Finally, the
Exchange is making certain non-substantive, clarifying amendments.
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    This order provides notice of filing of Partial Amendment Nos. 1
and 3, and approves the proposal, as modified by Partial Amendment Nos.
1 and 3, on an accelerated basis.

II. Description of the Amended Proposal

    The Exchange's proposed rule change provides for changed
functionality to certain Order Types \10\ and Order Attributes \11\
applicable to Pilot Securities to implement the Plan. Proposed BX Rule
4770(d) would specify the order handling, executing, re-pricing and
displaying for the following Order Types in Pilot Securities: (i) Price
to Comply Orders; (ii) Non-Displayed Orders; (iii) Post-Only Orders;
(iv) Retail Price Improving Orders; (v) Retail Orders; and (vi) Market
Maker Peg Orders. The following Order Attributes would also be amended:
(i) Midpoint Pegging; (ii) Reserve Size; and (iii) Good-till-Cancelled.
In addition, amended BX Rule 4770(d)(1) specifies that any Order Type
in a security of any of the Test Groups that requires a price and does
not qualify for an exception, will not be accepted if it is in a
minimum price increment (``MPI'') other than $0.05.\12\
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    \10\ An ``Order Type'' is a standardized set of instructions
associated with an order that define its behavior with respect to
pricing, execution, and/or posting to the Exchange Book when
submitted to the System. See BX Rule 4701(e).
    \11\ An ``Order Attribute'' is a further set of variable
instructions that may be associated with an Order to further define
how it will behave with respect to pricing, execution, and/or
posting to the Exchange Book when submitted to the System. See BX
Rule 4701(e). The availability of, and interaction between, Order
Types and Order Attributes is described in BX Rules 4702 and 4703.
    \12\ Proposed BX Rule 4770(d)(1) clarifies that the System will
use $0.05 as the MPI when re-pricing or rounding by the System.
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    The Exchange also proposes to amend the definition of the term
``Trade-at Intermarket Sweep Order'' (``TA ISO'') and one of the TA ISO
exceptions to the Trade-at Prohibition.\13\ Finally, the Exchange is
proposing to modify the Block Size Order exception to the Trade-at
Prohibition and add a related commentary.\14\
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    \13\ See proposed BX Rule 4770(a)(1)(D)(ii) and proposed BX Rule
4770(c)(3)(D)(iii)(j).
    \14\ See proposed BX Rule 4770(c)(3)(D)(iii)(c) and BX Rule
4770, proposed Commentary .12.
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A. Amendments To Order Type Functionality

1. Price to Comply Orders \15\
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    \15\ See proposed BX Rule 4770(d)(2). See also Partial Amendment
No. 3.
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    The Exchange proposes that a Price to Comply Order in a Test Group
Pilot Security would operate consistent with current BX Rule 4702(b)(1)
except as provided below. Specifically, if a Price to Comply Order for
a Test Group Three Pilot Security partially executes on entry and the
remainder would lock the Protected Quotation of another market center,
the unexecuted portion of the Order would be cancelled. In addition, if
a Price to Comply Order for a Test Group Three Pilot Security to buy
(sell) is not executable against any orders residing on the Exchange
Book and its limit price would lock or cross the Protected Quotation of
another market center, the Order would display at one MPI below (above)
the Protected

Quotation and be ranked at the current midpoint of the NBBO on the
Exchange Book.\16\
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    \16\ See Partial Amendment No. 1.
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2. Non-Displayed Orders \17\
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    \17\ See proposed BX Rule 4770(d)(3). See also Partial Amendment
No. 3.
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    The Exchange proposes that a Non-Displayed Order in a Test Group
Pilot Security would operate consistent with current BX Rule 4702(b)(3)
except as provided below. Specifically, a resting Non-Displayed Order
in a Test Group Three Pilot Security could not execute at the price of
a Protected Quotation of another market center unless the incoming
Order qualifies for an exception to the Trade-at Prohibition.\18\ In
addition, for Test Group Three Pilot Securities, if the limit price of
a buy (sell) Non-Displayed Order would lock or cross a Protected
Quotation of another market center, the Order would be ranked on the
Exchange Book at either one MPI below (above) the National Best Offer
(``NBO'') ((National Best Bid) (``NBB'')) or at the midpoint of the
NBBO, whichever is higher (lower).\19\ Further, for a Non-Displayed
Order in a Test Group Three Pilot Security entered via RASH or FIX, if
after being posted to the Exchange Book, the NBBO changes such that the
Order would not be executable at its posted price due to the
requirements of Regulation NMS or the Plan, the Non-Displayed Order to
buy (sell) would be re-priced to either one MPI below (above) the NBO
(NBB) or the midpoint of the NBBO, whichever is higher (lower) and
receive a new timestamp. In the same scenario, if the Non-Displayed
Order was entered via OUCH or FLITE, instead of re-pricing, the Order
would be cancelled back to the Participant.
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    \18\ See BX Rule 4770(c)(3)(D).
    \19\ See Partial Amendment No. 1.
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3. Post-Only Orders \20\
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    \20\ See proposed BX Rule 4770(d)(4). See also Partial Amendment
No. 3.
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    The Exchange proposes that Post-Only Orders will operate consistent
with current BX Rule 4702(b)(4) except as provided below. Specifically,
for a not attributable Post-Only Order for a Test Group Three Pilot
Security, if the limit price to buy (sell) would lock or cross a
Protected Quotation of another market center, the Order would display
at one MPI below (above) the Protected Quotation and would be ranked at
the current midpoint of the NBBO on the Exchange Book.\21\
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    \21\ See Partial Amendment No. 1.
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4. Retail Price Improving Orders \22\
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    \22\ See proposed BX Rule 4770(d)(5).
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    The Exchange proposes that Retail Price Improving Orders for Test
Group Pilot Securities will operate consistently with current BX Rule
4702(b)(5) except as provided below. Specifically, a Retail Price
Improving Order for a Test Group Two or Test Group Three Pilot Security
must be entered in a MPI of $0.005 and will only execute against Retail
Orders if its price is at least $0.005 better than the NBBO.
5. Retail Orders \23\
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    \23\ See proposed BX Rule 4770(d)(6).
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    The Exchange proposes that Retail Orders for Test Group Pilot
Securities will operate consistently with current BX Rule 4702(b)(6)
except as provided below. Specifically, a Retail Order in a Test Group
One Pilot Security must be entered with a limit price in a MPI and may
execute in an increment other than a MPI if the order is provided price
improvement of at least $0.001 better than the NBBO. In addition, a
Retail Order in a Test Group Two or Test Group Three Pilot Security
must be entered in a MPI and may execute in an increment other than a
MPI if the order is provided price improvement that is at least $0.005
better than the NBBO.
6. Market Maker Peg Orders \24\
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    \24\ See proposed BX Rule 4770(d)(7).
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    The Exchange proposes that a Market Maker Peg Order for Test Group
Pilot Securities will operate consistent with current BX Rule
4702(b)(7) except the displayed price of such an Order would be rounded
up for bids (down for offers) to the nearest MPI (i.e., $0.05) if it
would otherwise display at an increment smaller than the MPI.

B. Amendments To Order Attribute Functionality

1. Midpoint Pegging \25\
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    \25\ See proposed BX Rule 4770(d)(8).
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    The Exchange proposes that an Order with a Midpoint Pegging
attribute in a Test Group Pilot Security will operate consistent with
current BX Rule 4703(d). The Exchange also specifies that such Orders
may execute at the midpoint of the NBBO in an increment other than the
MPI.
2. Reserve Size \26\
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    \26\ See proposed BX Rule 4770(d)(9). See also Partial Amendment
No. 1.
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    The Exchange proposes that an Order with Reserve Size in a Test
Group Pilot Security will operate consistent with current BX Rule
4703(h) except as described below. Specifically, a resting Order with
Reserve Size in a Test Group Three Pilot Security (i.e., a Price to
Comply Order or a Price to Display Order entered via RASH or FIX) may
not execute the non-displayed Reserve Size at the price of a Protected
Quotation of another market center unless the incoming Order qualifies
for an exception to the Trade-at Prohibition.\27\ If an Order with
Reserve Size for a Test Group Three Pilot Security is partially
executed upon entry and the remainder would lock a Protected Quotation
of another market center, the unexecuted portion of the Order would be
cancelled. If a Price to Comply Order with Reserve Size to buy (sell) a
Test Group Three Pilot Security is not executable against previously
posted Orders on the Exchange Book, and has a limit price that would
lock or cross a Protected Quotation of another market center, the
displayed portion of the Order would display one MPI below (above) the
Protected Quotation, and the displayed and non-displayed portions of
the Order, would be ranked at the current midpoint of the NBBO on the
Exchange Book. If a Price to Display Order with Reserve Size is not
executable against any previously posted Orders on the Exchange Book
and its limit price would lock or cross a Protected Quotation of
another market center, then the displayed portion of the Order would be
displayed and ranked one MPI below (above) the Protected Quotation and
the non-displayed portion of the Order would be ranked at the midpoint
of the NBBO. If after being posted to the Exchange Book, the NBBO
changes such that an Order with Reserve Size was not executable at its
ranked price due to the requirements of Regulation NMS or the Plan, the
Order would adjust as described above.
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    \27\ See BX Rule 4770(c)(3)(D).
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3. Good-till-Cancelled \28\
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    \28\ See proposed BX Rule 4770(d)(10).
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    The Exchange proposes that an Order with a Time-in-Force of Good-
till-Cancelled in a Test Group Pilot Security will operate consistent
with current BX Rule 4703(a)(3) except such Order would be adjusted
based on a $0.05 increment.

C. Amendments to Certain Trade-at Prohibition Exceptions

1. TA ISO \29\
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    \29\ See proposed BX Rule 4770(a)(1)(D)(ii).
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    The Exchange proposes to add the phrase ``or Intermarket Sweep
Orders'' (``ISO'') to the definition of TA ISO as well as to the
related TA ISO exception to the Trade-at Prohibition\30\ to clarify

that ISOs may be routed to execute against the full displayed size of
the Protected Quotation that was traded at.
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    \30\ See proposed BX Rule 4770(c)(3)(D)(iii)(j).
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2. Block Size Order exception for the Trade-at Prohibition \31\
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    \31\ See proposed BX Rule 4770(c)(3)(D)(iii)(c) and BX Rule
4770, proposed Commentary .12.
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    Currently, BX Rule 4770(c)(3)(D)(iii)(c) provides an exception to
the Trade-at Prohibition for Block Size Orders.\32\ The Exchange
proposes in Commentary .12 that for purposes of qualifying for the
exception Orders must have a size of 5,000 shares or more and the
resulting execution upon entry is for a size of 5,000 shares or more in
aggregate. In addition, the Exchange proposes to amend the Block Size
Order exception to the Trade-at Prohibition to allow execution on
multiple Trading Centers to comply with Regulation NMS.\33\
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    \32\ The plan defines Block Size as ``an order (1) of at least
5,000 shares or (2) for a quantity of stock having a market value of
at least $100,000. See Plan Section I(F).
    \33\ See proposed BX Rule 4770(c)(3)(D)(iii)(c). See also
Partial Amendment No. 3.
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III. Summary of Comments Received \34\
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    \34\ See supra note 7.
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    Both comment letters express support for the proposal and suggest
that the Commission should approve the proposal. In Comment Letter No.
1, the commenters stated that if the proposal is approved as proposed,
then the Exchange would be able to meet the implementation date.
Further, in Comment Letter No. 1, the commenters stated their belief
that the requirements from the Commission have been unclear. In Comment
Letter No. 2, the commenter questioned the Commission staff's
authority.

IV. Discussion and Commission's Findings

    After careful review of the proposed rule change, as modified by
both Partial Amendment Nos. 1 and No. 3, and the comment letters, the
Commission finds that the proposal, as modified by Partial Amendment
Nos. 1 and 3, is consistent with the requirements of the Act, Rule 608
of Regulation NMS,\35\ and the rules and regulations thereunder that
are applicable to a national securities exchange.\36\ Specifically, the
Commission finds that the rule change is consistent with Section
6(b)(5) of the Act,\37\ which requires that the rules of a national
securities exchange be designed, among other things, to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
to protect investors and the public interest; and are not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \35\ 17 CFR 242.608.
    \36\ In approving this rule change, the Commission has
considered the rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \37\ 15 U.S.C. 78f(b)(5).
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    As noted in the Approval Order, the Plan is by design, an
objective, data-driven test to evaluate how a wider tick size would
impact trading, liquidity, and market quality of securities of smaller
capitalization companies. In addition, the Plan is designed with three
Test Groups and a Control Group, to allow analysis and comparison of
incremental market structure changes on the Pilot Securities and is
designed to produce empirical data that could inform future policy
decisions. As such, any proposed changes targeted at particular Test
Groups during the Pilot Period should be necessary for compliance with
the Plan.
    The Exchange proposes to modify its handling of certain Order Types
and Order Attributes during the Pilot Period. First, the Exchange
proposes to clarify that it will not accept Orders in a Test Group
Pilot Security in an increment other than $0.05 unless there is an
applicable exception to the MPI. Second, the Exchange proposes to
clarify that the displayed price of Market Maker Peg Orders for any
Test Group Pilot Security would be rounded to the nearest MPI and that
Good-till-Cancelled Orders for a Test Group Pilot Security would be
adjusted based on the $0.05 increment. Finally, the Exchange proposes
to clarify that Orders with Midpoint Pegging Attribute in a Test Group
Pilot Security may execute at the midpoint of the NBBO in an increment
other than the MPI.
    The Exchange clarifies the operation of Retail Price Improving
Orders in Test Group Two and Test Group Three Pilot Securities. In
addition, the Exchange proposes to clarify how Retail Orders for Test
Group One Pilot Securities must be entered in the $0.05 MPI but may
execute in an increment other than a MPI if it is provided with price
improvement of at least $0.001. Retail Orders in Test Group Two and
Test Group Three Pilot Securities must be entered in a MPI and may
execute in an increment other than the $0.05 if the Order is provided
with price improvement of at least $0.005 better than the NBBO.
    The Exchange also proposes to modify the handling of certain Orders
and Order Attributes in Test Group Three Pilot Securities, including:
(i) Price to Comply Orders; (ii) Non-Displayed Orders; (iii) Post-Only
Orders; and (iv) Orders with Reserve Size. The proposed changes are
intended to facilitate compliance with the Trade-at Prohibition.\38\
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    \38\ In Partial Amendment No. 3, the Exchange clarified that it
would not apply the Trade-at Prohibition outside of Regular Trading
Hours. The Commission notes that this is consistent with the Plan.
See Plan Section I(LL).
---------------------------------------------------------------------------

    Finally, the Exchange proposes to amend provisions related to two
exceptions to the Trade-at Prohibition. First, the Exchange proposes to
amend the definition of TA ISO to reflect that ISOs may be routed to
the full displayed size of a Protected Quotation that is traded-at and
to make the corresponding change to the applicable Trade-at Prohibition
exception. Second, the Exchange proposes to amend the Trade-at
Prohibition exception for Block Size Orders to allow such Orders to be
executed on multiple Trading Centers. Further, the Exchange proposes
that for purposes of the Block Size Order exception to the Trade-at
Prohibition, the Order must have a size of 5,000 shares and the
resulting execution upon entry must have a size of 5,000 shares or more
in aggregate.\39\
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    \39\ See also BX Rule 4770(c)(3)(D)(iii)(c).
---------------------------------------------------------------------------

    The Commission believes that the proposed changes are reasonably
designed to comply with the Plan. Further, the Commission believes that
the proposed changes that target particular Test Groups are necessary
for compliance with the Plan.\40\ Accordingly, the Commission finds
that these changes are consistent with Section 6(b)(5) of the Act \41\
and Rule 608 of Regulation NMS \42\ because they implement the Plan and
clarify Exchange Rules.
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    \40\ The Commission notes that the Exchange originally proposed
to modify the operation of Post to Comply Orders, Non-Displayed
Orders, and Post Only Orders entered via OUCH and FLITE for Test
Group Three Pilot Securities only. In Partial Amendment No. 3, the
Exchange proposes to remove the proposed functionality. Thus, the
Commission believes that the proposal, as modified, is consistent
with the Plan. The Exchange has committed to make the system changes
necessary to implement Partial Amendment No. 3. If it appears that
the system changes will not be completed by October 17, 2016, the
date on which the Participants will begin implementation of Test
Group 3,the Exchange will file a proposed rule change with the
Commission to propose any necessary changes to the Exchange's rules
and provide notice to market participants sufficiently in advance of
this date to adequately inform market participants of the current
operation of the Exchange's systems. See Partial Amendment No. 3.
    \41\ 15 U.S.C. 78f(b)(5).
    \42\ 17 CFR 242.608.
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    For these reasons, the Commission finds that the proposed rule
change, as modified by Partial Amendment Nos. 1

and 3, is consistent with the requirements of the Act \43\ and Rule 608
of Regulation NMS.\44\
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    \43\ 15 U.S.C. 78f(b)(5).
    \44\ 17 CFR 242.608.
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V. Solicitation of Comments on Partial Amendment Nos. 1 and 3 to the
Proposed Rule Change

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposal, as
modified by Partial Amendment Nos. 1 and 3, is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2016-050 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-BX-2016-050. 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 20549-1090, 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 Number SR-BX-
2016-050 and should be submitted on or before November 4, 2016.

VI. Accelerated Approval of Proposed Rule Change, as Modified by
Partial Amendment Nos.1 and 3

    The Commission finds good cause to approve the proposed rule
change, as modified by Partial Amendment Nos. 1 and 3, prior to the
thirtieth day after the date of publication of notice of the proposed
rule change, as modified by Partial Amendment Nos. 1 and 3 in the
Federal Register. As described above, the Exchange proposes to amend
its rules to comply with the Plan. The Commission notes that the Pilot
started implementation on October 3, 2016, and accelerated approval of
the proposal would ensure that the rules of the Exchange would be in
place during implementation. Accordingly, the Commission finds good
cause, pursuant to Section 19(b)(2) of the Exchange Act,\45\ to approve
the proposed rule change, as modified by Partial Amendment Nos. 1 and
3, on an accelerated basis.
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    \45\ 15 U.S.C. 78s(b)(2).
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VII. Conclusion

    It is therefore ordered that, pursuant to Section 19(b)(2) of the
Exchange Act,\46\ that the proposed rule change (SR-BX-2016-050), as
modified by Partial Amendment Nos. 1 and 3, be and hereby is approved
on an accelerated basis.
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    \46\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\47\
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    \47\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-24842 Filed 10-13-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37287-37288]
[FR Doc No: 2017-16785]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket No. NHTSA-2017-0048]

Reports, Forms, and Record Keeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatements of previously approved collections.
    This document describes an Information Collection Request (ICR) for
which NHTSA intends to seek OMB approval.

DATES: Comments must be submitted on or before October 10, 2017.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
NHTSA-2017-0048 using any of the following methods:
    Electronic Submissions: Go to http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590.
    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 number for this Notice. Note that all comments received will be
posted without change to http://www.regulations.gov including any
personal information provided.

FOR FURTHER INFORMATION CONTACT: Randolph Atkins, Ph.D., Contracting
Officer's Representative, Office of Behavioral Safety Research (NTI-
131), National Highway Traffic Safety Administration, 1200 New Jersey
Ave. SE., W46-500, Washington, DC, 20590. Dr. Atkins' phone number is
202-366-5597 and his email address is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulations (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks for public
comment on the following proposed collection of information:
    Title: Compliance-Based Ignition Interlock Removal.
    Type of Request: New information collection request.
    OMB Clearance Number: None.
    Form Number: NHTSA Form 1395.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Summary of the Collection of Information--The National Highway
Traffic Safety Administration (NHTSA) proposes to collect information
from 31 States that have policies for the compliance-based removal
(CBR) of alcohol ignition interlock devices (AIIDs). The study will be
conducted in two phases. In phase one, information will be collected on
the details of the States' implementation of CBR and information on
their CBR-related data to identify States with sufficient data to
conduct an evaluation of the effects of CBR on DUI recidivism. It will
also identify States' interested in participating in an evaluation of
CBR effectiveness. We anticipate that information will come from State
officials familiar with their States' interlock programs. It may also
be necessary to collect data from interlock providers in those States.
We estimate that this phase of data collection will involve contacting
and interviewing an average of three people per State (93 total).
Initial contacts will be made by telephone and email. Data will then be
collected through semi-structured face-to-face and telephone
interviews. The second phase of the study will be an evaluation of CBR
effectiveness using the States' existing data. These evaluations will
be conducted in up to four States, depending on phase one findings
regarding data availability and interest in participation.
    Description of the Need for the Information and Proposed Use of the
Information--NHTSA was established by the Highway Safety Act of 1970
(23 U.S.C. 101) to carry out a Congressional mandate to reduce the
number of deaths, injuries, and economic losses resulting from motor
vehicle crashes on the Nation's highways. NHTSA is authorized to
conduct research as a foundation for the development of motor vehicle
standards and traffic safety programs.
    Alcohol impairment is one of the primary causes of motor vehicle
crashes on the Nation's highways. In 2015, 29 percent of all motor-
vehicle traffic fatalities involved alcohol impairment, resulting in
the loss of 10,265 lives. A vehicle equipped with an AIID requires the
driver to provide a breath sample to start the vehicle. If the breath
sample is above a set limit for Breath Alcohol Concentration (BrAC),
then the vehicle will not start. AIIDs have been shown to reduce
driving-under-the-influence (DUI) recidivism of DUI offenders who have
AIIDs installed on their vehicles; however, the effect tends to
dissipate once the devices are removed. The data generated by the AIIDs
can be used to identify offenders unable to comply with interlock
program requirements. It is believed that these are the offenders most
likely to recidivate. CBR programs are designed to reduce recidivism by
delaying removal of the AIID for these offenders.
    The purpose of the study is to provide critical information needed
by NHTSA

to determine the effects of CBR on DUI recidivism, as well as
information on the types of CBR policies currently in place. This
information will be useful to States interested in instituting or
changing CBR policies in their own interlock programs, to help reduce
deaths and injuries associated with DUI. The data collected will be
used to assist NHTSA in its ongoing responsibilities for: (a)
Developing an accurate understanding of potential traffic safety
interventions on a national scale; (b) providing information to NHTSA's
partners involved in improving public safety; and (c) providing sound
scientific reports on NHTSA's activities to other public safety
researchers.
    Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information)--
NHTSA has identified 31 States that conduct some type of CBR of AIIDs.
The number of participants will vary for each State. We estimate an
average of three participants per State. Most participants will be
State officials and these individuals will provide the majority of the
necessary information for each State. We anticipate that in some
instances State officials will refer us to representatives of interlock
providers to obtain data not available to the State official. The data
to be collected is administrative in nature. No personally identifiable
data will be collected. We will not be collecting data that is commonly
considered sensitive or private.
    Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information--The total estimated
annual burden is approximately 46.5 hours for the information
collection. NHTSA estimates that for the 31 states identified, an
average of approximately 60 minutes per state will be needed to obtain
the information necessary (1860 minutes total). These data collection
activities will be used to gain as complete an understanding of the CBR
programs in each state as possible. A report will be created for each
state and shared with state officials to verify its accuracy. NHTSA
estimates 60 minutes to read and correct the report and return it by
email (1860 minutes total). In many States more than one individual
will review the report. NHTSA estimates an average of two individuals
from each state to read and correct the report and return it by email.
In total, NHTSA estimates a total burden of 3720 minutes, or 62 hours,
for participants in States to provide the necessary information.

    Authority:  44 U.S.C. Section 3506(c)(2)(A)

    Issued in Washington, DC on August 4, 2017.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2017-16785 Filed 8-8-17; 8:45 am]
 BILLING CODE 4910-59-P