[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62569-62571]
[FR Doc No: 2021-24055]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0024]

Variance Regulations; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to
obtain OMB approval for the information collection requirements
contained in the Standards on Variance and Other Relief; Variances and
Other Relief; and Limitation, Variations, Tolerances or Exemptions.
These statutory and regulatory provisions specify the requirements for
submitting applications to OSHA for temporary, experimental, permanent,
and national defense variances.

DATES: Comments must be submitted (postmarked, sent or received) by
January 10, 2022.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202)

693-2350 (TTY<PHONE_NUMBER>) for assistance in locating docket
submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2009-0024).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the correct format, reporting burden (time and costs)
is minimal, collection instruments are clearly understandable, and
OSHA's estimate of the information collection burden is correct. The
OSH Act (29 U.S.C. 651 et seq.) authorizes information collection by
employers as necessary or appropriate for enforcement of the Act or for
developing information regarding the causes and prevention of
occupational injuries, illnesses, and accidents (29 U.S.C. 657). The
OSH Act also requires that OSHA obtain such information with minimum
burden upon employers, especially those operating small businesses, and
to reduce to the maximum extent feasible unnecessary duplication of
efforts in obtaining information (29 U.S.C. 657).
    Sections 6(b)6(A), 6(b)6(B), 6(b)6(C), 6(d), and 16 of the OSH Act,
and 29 CFR 1905.10, 1905.11, and 1905.12, specify the procedures that
employers must follow to apply for a variance from the requirements of
an OSHA standard. OSHA uses the information collected under these
procedures to: (1) Evaluate the employer's claim that the alternative
means of compliance would provide affected employees with the requisite
level of health and safety protection; (2) assess the technical
feasibility of the alternative means of compliance; (3) determine that
the employer properly notified affected employees of the variance
application and their right to a hearing; and (4) verify that the
application contains the administrative information required by the
applicable variance regulation.
    Currently, no specific forms are available for preparing variance
applications and other documents that may accompany variance
applications. OSHA is developing new forms to assist employers in
preparing variance applications that comply with the information
collection requirements contained in the OSH Act and variance
regulations.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply.
For example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting OMB approval of the information collection
(paperwork) requirements contained in Sections 6(b)6(A), 6(b)6(B),
6(b)6(C), 6(d), and 16 of the Occupational Safety and Health Act of
1970, and 29 CFR 1905.10, 1905.11, and 1905.12. These statutory and
regulatory provisions specify the requirements for submitting
applications to OSHA for temporary, experimental, permanent, and
national defense variances.
    OSHA is also requesting OMB approval to develop and use variance
application forms for the four types of variances specified by the OSH
Act and variance regulations. The four types of variances are:
Temporary variances (Section 6(b)(6)(A) of the Act; 29 U.S.C. 655; 29
CFR 1905.10); experimental variances (Section 6(b)(6)(C) of the Act; 29
U.S.C. 655); permanent variances (Section 6(d) of the Act; 29 U.S.C.
655; 29 CFR 1905.11); and national defense variances (Section 16 of the
Act; 29 U.S.C. 665; 29 CFR 1905.12). The variance regulations specify
the information that employers must provide when requesting one of
these variances. The variance application forms would organize and
clarify the information collection requirements for each type of
variance by specifying the requirements in comprehensible language, and
providing explanatory material. Employers applying for a variance could
download and complete the applicable form from OSHA's website. The
forms would expedite the application process for employers, and ensure
that the information on the application is complete and accurate.
    There are no adjustments or program changes associated with this
ICR. The agency is proposing to retain the previous burden hour
estimate of 366 hours. The agency will summarize the comments submitted
in response to this notice, and will include this summary in the
request to OMB to approve these information collection requirements and
variance application forms.
    Type of Review: Extension of a currently approved collection.
    Title: Variance Regulations (29 CFR 1905.10, 1905.11, and 1905.12).
    OMB Control Number: 1218-0265.
    Affected Public: Businesses or other for-profits and not-for-profit
institutions.
    Frequency of Responses: On occasion.
    Number of Respondents: 48.
    Total Responses: 48.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 366.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials must identify the agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2009-
0024). You may supplement electronic submissions by uploading document
files electronically. If you wish to mail additional materials in
reference to an electronic or facsimile submission, you must submit
them to the OSHA Docket Office (see the section of this notice titled
ADDRESSES). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so the
agency can attach them to your comments.

    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov website to submit comments and access
the docket is available at the website's ``User Tips'' link. Contact
the OSHA Docket Office for information about materials not available
from the website, and for assistance in using the internet to locate
docket submissions.

V. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on October 28, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-24055 Filed 11-9-21; 8:45 am]
BILLING CODE 4510-26-P


  SEQ CHAPTER \h \r 1

UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY

                                          WASHINGTON, D.C.  20460

  					               OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

Date: October 23, 2007

MEMORANDUM

SUBJECT:	Addendum to the Reregistration Eligibility Decision (RED)
Document for Copper 8-quinolinolate

FROM:	K. Avivah Jakob, Chemical Review Manager

		Antimicrobials Division (AD) (7510P)

TO:		Mark Hartman, Branch Chief

		Regulatory Management Branch II

		Antimicrobials Division (7510P)

Attached is an addendum to the Reregistration Eligibility (RED) Decision
Document for Copper 8-quinolinolate.ADDENDUM

	The Reregistration Eligibility Decision Document for Copper
8-quinolinolate, dated September 26, 2007, inaccurately indicates that
no public comments were submitted during the Phase III, 60 day public
comment period.  It should be noted that comments were submitted during
the 60 day public comment period for Copper 8-quinolinolate

Through the Agency’s public participation process, the Environmental
Protection Agency (EPA) worked with stakeholders and the public to reach
the regulatory decision for Copper 8-quinolinolate.  During the public
comment period, which closed on September 10, 2007, the Agency received
comments from Osmose, Inc., in response to the EPA’s draft Copper
8-quinolinolate risk assessment (RA) and supporting science documents.
The comments included suggestions regarding confirmatory data needed to
support the wood treatment use of Copper 8-quinolinolate, as well as
grammatical and typographical error corrections.  The Agency’s
response to these comments has been incorporated, as necessary, into the
revised Copper 8-quinolinolate Risk Assessment and revised supporting
science chapters.  These revised documents are available on the U.S.
Environmental Protection Agency’s public docket at:   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov  (Docket ID
#EPA-HQ-OPP-2007-0556).  A Response to Comment document will be made
available on the public docket in the future.  In addition, comments
received by the registrants during the Phase I, Error Only Comments
Period, of the RED process are available on the docket.  The Agency is
providing a 60-day public comment period on the RED document.

 PAGE

 PAGE   1


[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]
[Page 64598]
[DOCID:fr16no07-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL03-37-005]

Town of Norwood, Massachusetts v. National Grid USA, New England
Electric System, New England Power Company, and Massachusetts Electric
Company; Notice of Filing

November 8, 2007.
    Take notice that on September 27, 2007, New England Power Company
filed a compliance filing pursuant to the Commission's Order issued on
August 30, 2007. Town of Norwood, Massachusetts v. National Grid USA,
et al., 120 FERC ] 61,196 (2007) (``Order Denying Motion for
Clarification'').
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on November 29, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-22394 Filed 11-15-07; 8:45 am]

BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request Environmental Protection Agency / Office of Solid Waste and Emergency Response / Office of Emergency Prevention, Preparedness and Response 2. OMB control number b. G None a 2050  0072 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. x Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. x Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes x No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. x Three years from approval date b. G Other Specify: / /___

7. Title: Community Right to Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right to Know Act ( EPCRA) ( Renewal)

8. Agency form number( s) ( If applicable): EPA ICR No. 1352.10, EPA Form No. 8700 29, 8700 30 9. Keywords: Community Right to Know, Emergency Planning, Preparedness, EPCRA 10. Abstract: The authority for these requirements is sections 311 and 312 of the Emergency Planning and Community Right to Know Act ( EPCRA), 1986 ( 42 U. S. C. 11011, 11012). EPCRA section 311 requires owners and operators of facilities subject to Occupational Safety and Health Administration ( OSHA) Hazard Communication Standard ( HCS) to submit a list of chemicals or Material Safety Data Sheets ( MSDSs) ( for those chemicals that exceed thresholds, specified in 40 CFR part 370 ) to the State Emergency Response Commission ( SERC), Local Emergency Planning Committee ( LEPC) and the local fire department ( LFD) with jurisdiction over their facility. This is a one time requirement unless a new facility becomes subject to the regulations or updating the information by facilities that are already covered by the regulations. EPCRA section 312 requires owners and operators of facilities subject to OSHA HCS to submit an inventory form ( for those chemicals that exceed the thresholds, specified in 40 CFR part 370) to the SERC, LEPC, and LFD with jurisdiction over their facility. This activity is to be completed on March 1 of each year, on the inventory of chemicals in the previous calendar year.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. p Business or other for profit e. x Federal Government c. Not for profit institutions f. x State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. p Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 563,500 b. Total annual responses 563,500 1. Percentage of these responses collected electronically 60 % c. Total hours requested 2,028,700 d. Current OMB inventory 2,028,701 e. Difference  1 f. Explanation of difference 1. Program Change 0 2. Adjustment  1 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 4 b. Total annual costs ( O& M) 6,386 c. Total annualized cost requested 6,390 d. Current OMB inventory 6,391 e. Difference  1 f. Explanation of difference 1. Program change 0 2. Adjustment  1 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. p Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. x Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. x Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes x No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Sicy Jacob Phone: 202 564 8019 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95


[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34277-34278]
[FR Doc No: 2016-12653]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0434]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
South Branch of the Elizabeth River, Portsmouth-Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Norfolk and Western railroad bridge
(Norfolk Southern V6.8 Bridge) across the South Branch of the Elizabeth
River, mile 3.6, at Portsmouth-Chesapeake, VA. The deviation is
necessary to perform bridge maintenance and repairs. This deviation
allows the bridge to remain in the closed-to-navigation position.

DATES: This deviation is effective from 7 a.m. on June 6, 2016, to 5
p.m. on June 23, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0434] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Hal R. Pitts, Bridge Administration
Branch Fifth District, Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Norfolk Southern Corporation, that owns
and operates the Norfolk and Western railroad bridge (Norfolk Southern
V6.8 Bridge), has requested a temporary deviation from the current
operating regulations to install a new tie deck across the vertical
lift span and under the mitre joints on the fixed approach spans. The
bridge is a vertical lift draw bridge and has a vertical clearance in
the closed position of 10 feet above mean high water.
    The current operating schedule is set out in 33 CFR 117.997(b).
Under this temporary deviation, the bridge will remain in the closed-
to-navigation position from 7 a.m. to 11:30 a.m. and from 12:30 p.m. to
5 p.m. from June 6, 2016 through June 9, 2016, June 13, 2016 through
June 16, 2016, and June 20, 2016 through June 23, 2016. At all other
times the bridge will operate per 33 CFR 117.997(b).
    The South Branch of the Elizabeth River is used by a variety of
vessels including deep draft ocean-going vessels, U.S. government
vessels, small commercial vessels, recreational vessels and tug and
barge traffic. The Coast Guard has carefully coordinated the
restrictions with waterway users.
    There will be limited opportunity for vessels to transit through
the bridge in the closed position during this temporary deviation.
Vessels able to pass through the bridge in the closed position may do
so after receiving confirmation from the bridge tender that it is safe
to transit through the bridge. The bridge will be able to open for

emergencies and there is no immediate alternate route for vessels to
pass. The Coast Guard will also inform the users of the waterways
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that vessel operators can arrange
their transit to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 24, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2016-12653 Filed 5-27-16; 8:45 am]
BILLING CODE 9110-04-P


Posted:  12/18/2000

	4:45p.m.

	           UNITED STATES OF AMERICA

      DEPARTMENT OF TRANSPORTATION

             OFFICE OF THE SECRETARY

                  WASHINGTON, D.C.

_______________________________

In the Matter of

U.S.-Brazil All-Cargo Frequencies and Designation

Docket OST-2000-7559

________________________________

						Served:  December 18, 2000

Notice Revising Procedural Schedule

By Notice, served November 24, 2000, the Department set the procedural
schedule for new entrant applicants in the above captioned proceeding,
requiring that applications be filed on December 7, 2000, that answers
to applications be filed on December 19, 2000, and that replies to
answers to applications be filed on December 27, 2000.  Gemini Air
Cargo, Atlas Air, and Evergreen International are the only applicants to
this proceeding.

By letter dated December 11, 2000, Gemini Air Cargo requests the
Department to extend the due date for replies to Friday, January 5,
2001.  Gemini states that the extension is necessary because persons
needed to prepare the reply are unavailable during the Christmas holiday
period just prior to the present deadline and that the brief delay
requested will not prejudice the public since it will have little effect
on the date when the recipient of the fourth designation will be able to
introduce service to Brazil.  Counsel for Gemini further states that
Atlas Air and Evergreen International, the other applicants in this
proceeding, support the request for the reasons stated.

Inasmuch as all parties support the requested extension and the
requested deadline is for a short time period that will not prejudice
the public interest, we will extend the period for the filing of Replies
in the above-referenced proceeding to January 5, 2001.

We will serve this Notice on all parties to this proceeding by
facsimile.

By:

						PAUL L. GRETCH

			Director, Office of International Aviation

(SEAL)

Dated:  December 18, 2000

An electronic version of this notice is available on the World Wide Web
at

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64037-64038]
[FR Doc No: 2015-26806]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76173; File No. SR-ISE-2015-32]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Schedule of Fees

October 16, 2015.
    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 October 1, 2015, the International Securities Exchange, LLC
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change, as described in Items I, II, and
III below, which Items have been prepared by the self-regulatory
organization. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    ISE proposes to amend the Schedule of Fees as described in more
detail below. The text of the proposed rule change is available on the
Exchange's Internet Web site at http://www.ise.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 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 purpose of this proposed rule change is to amend the Schedule
of Fees to modify the route-out fee applicable to Priority Customer\3\
orders in Non-Select Symbols.\4\ The Exchange presently charges
Priority Customers route-out fees for orders routed to away markets
pursuant to the Options Order Protection and Locked/Crossed Market Plan
(the ``Plan''). Specifically, Priority Customer orders pay a route-out
fee of $0.48 per contract in Select Symbols (including SPY),\5\ and
$0.48 per contract in Non-Select Symbols.
---------------------------------------------------------------------------

    \3\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a
person or entity that (i) is not a broker or dealer in securities,
and (ii) does not place more than 390 orders in listed options per
day on average during a calendar month for its own beneficial
account(s).
    \4\ ``Non- Select Symbols'' are options overlying all symbols
excluding Select Symbols.
    \5\ ``Select Symbols'' are options overlying all symbols listed
on ISE that are in the Penny Pilot Program.
---------------------------------------------------------------------------

    The Exchange now proposes to charge Priority Customers a route-out
fee of $0.70 per contract for orders in Non-Select Symbols. The route-
out fee applicable to Priority Customer orders in Select Symbols
(including SPY) is not being changed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\6\ in general, and Section
6(b)(4) of the Act,\7\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed route-out fee is
reasonable and equitable because it offsets costs incurred by the
Exchange in connection with using unaffiliated broker-dealers to route
Priority Customer orders to other exchanges for linkage executions.
Furthermore, the Exchange believes that the proposed fee is not
unfairly discriminatory because the route-out fee for Priority Customer
orders in Non-Select Symbols, as has historically been the case,
remains lower than fees for orders from other market participants,
including Professional Customer and Non-Customer orders.
    The Exchange believes that it is equitable and not unfairly
discriminatory to charge a lower route-out fee applicable to Priority
Customer orders than Professional Customer and Non-Customer orders
because a Priority Customer is by definition not a broker or dealer in
securities, and does not place more than 390 orders in listed options
per day on average during a calendar month for its own beneficial
account(s). Further, the Exchange believes that the proposed fees are
not unfairly discriminatory because these fees would be uniformly
applied to all Priority Customer orders. As fees to access liquidity
for Priority Customer orders have risen at other exchanges, it has
become necessary for the Exchange to raise routing fees in order to
recoup the higher costs.

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

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act as it simply
increases fees for routing Priority Customer orders in Non-Select
Symbols and will uniformly apply to all Priority Customer orders that
are routed out to other exchanges for linkage executions. Furthermore,
the fee change does not impact intra-market competition as the route
out fee applies to orders routed to away markets.
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    \8\ 15 U.S.C. 78f(b)(8).
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    The Exchange notes that members can and do route these orders to
other markets or specify that ISE not route orders away on their
behalf. As such, the Exchange operates in a highly competitive market
in which market participants can readily direct their

order flow to competing venues. In such an environment, the Exchange
must continually review, and consider adjusting, its fees to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed fee change reflects this
competitive environment.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\9\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\10\ because it establishes a due, fee, or other charge
imposed by ISE.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2015-32 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-ISE-2015-32. 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 also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2015-32 and should be
submitted by November 12, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-26806 Filed 10-21-15; 8:45 am]
BILLING CODE 8011-01-P