[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34759-34760]
[FR Doc No: 2022-12321]

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UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act; Meeting

TIME AND DATE: June 7, 2022, 1 p.m. to 5 p.m., Eastern time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (US Toll) or 1-669-900-6833 (US Toll) or (ii) 1-877-853-5247 (US
Toll Free) or 1-888-788-0099 (US Toll Free), Meeting ID: 954 6813 9784,
to listen and participate in this meeting. The website to participate
via Zoom Meeting and Screenshare is https://kellen.zoom.us/meeting/register/tJEpceGprTItEtA1WfDtozO5u4kGtHY5U71g.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the ``Board'') will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement. The
subject matter of this meeting will include:

Agenda

I. Welcome and Call to Order--UCR Board Chair

    The UCR Board Chair will welcome attendees, call the meeting to
order, call roll for the Board, confirm the presence of a quorum, and
facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify publication of the meeting
notice on the UCR website and distribution to the UCR contact list via
email, followed by subsequent publication of the notice in the Federal
Register.

III. Review and Approval of Board Agenda--UCR Board Chair

For Discussion and Possible Board Action

    The proposed Agenda will be reviewed, and the Board will consider
adoption.
Ground Rules
[rtarr8] Board actions taken only in designated areas on agenda

IV. Approval of Minutes of the April 21, 2022 UCR Board Meeting--UCR
Board Chair

For Discussion and Possible Board Action

    Draft Minutes from the April 21, 2022 UCR Board meeting will be
reviewed. The Board will consider action to approve.

V. Report of FMCSA--FMCSA Representative

    The Federal Motor Carrier Safety Administration (FMCSA) will
provide a report on relevant activity.

VI. Development, Hosting and Maintenance of an IRP Centralized Fee
Calculator--UCR Executive Director

    The UCR Executive Director will provide an update regarding the
option of development, hosting and maintenance of a centralized IRP fee
calculator for the purpose of continuing the Board's progress towards
increasing UCR compliance and enhanced data sharing.

VII. Letter of Recommendation to Congress To Approve Legislation
Pertaining To Providing Additional Parking to Motor Carriers--Monte
Wiederhold, Board Member

For Discussion and Possible Board Action

    UCR Board Member Monte Wiederhold will discuss the issue of the
lack of parking for motor carriers along highways and pending
legislation before the United States Congress to alleviate the problem.
The Board may consider and take action to authorize the UCR Board Chair
to draft, sign, and send a letter to Congress recommending approval of
such legislation.

VIII. Subcommittee Reports

Audit Subcommittee--UCR Audit Subcommittee Chair

A. 2021 Annual State Audit Progress Report to the UCR Board of
Directors--UCR Audit Subcommittee Chair
For Discussion and Possible Board Action
    The Audit Subcommittee Chair will discuss the current status of
participating states' audit programs for the 2021 registration year as
required by the UCR Agreement. The UCR Audit Subcommittee Chair will
recommend corrective action plans for delinquent states. The Board may
consider and take action to approve such plans as recommended.

B. Discussion Regarding Ways and Means To Increase UCR Registration
Percentages--UCR Audit Subcommittee Chair
    The UCR Audit Subcommittee Chair will lead a discussion to share
state resources (auditors and other contacts), leveraging partner
relationships, auditing tools and other ideas to increase UCR
registration percentages to promote improving fairness within the
industry.
C. Maximizing the Value of the Should Have Been (SHB) and Enforcement
Efficiency Tools--UCR Audit Subcommittee Chair and DSL Transportation
Services, Inc. (DSL)
    The Subcommittee Chair and DSL will provide an update on the value
achieved by utilizing the Shadow MCMIS and other tools in the National
Registration System (NRS). The discussion will highlight the financial
value to the states by vetting businesses for UCR compliance,
commercial registration, IFTA, intrastate, and interstate operating
authority.
D. Dedicating a Full-Time Employee (FTE) to States' Audit Programs--UCR
Audit Subcommittee Chair, UCR Audit Subcommittee Vice-Chair, and DSL
    The UCR Audit Subcommittee Chair, UCR Audit Subcommittee Vice-Chair
and DSL will lead a discussion regarding the value of dedicating 1 FTE
to each state's UCR compliance efforts including solicitations (new
entrants and unregistered entities), Focused Anomaly Reviews (FAR),
retreat and vehicle inspection audits, Shadow MCMIS, and SHB tools in
the NRS.
E. Updates to the UCR Handbook--UCR Audit Subcommittee Chair, and UCR
Executive Director
    The UCR Audit Subcommittee Chair and UCR Executive Director will
lead a discussion on updating and clarifying the language in the UCR
Handbook in regard to the usage of the term ``operated'' as it relates
to a motor carrier beginning operations. A general update on other
revisions to the UCR Handbook will also be provided.
F. Accounting for Unregistered Motor Carriers in Brackets 5 and 6--UCR
Audit and Finance Subcommittee Chairs
    There are a number of motor carriers in brackets 5 and 6 that have
not registered for UCR that appear, in many, but not in all cases to
have incorrectly overstated on their MCS-150 the number of vehicles in
their fleet or have an inactive authority. The UCR Audit and Finance
Subcommittee Chairs will lead a discussion on ideas to account for the
status of these motor carriers.

Finance Subcommittee--UCR Finance Subcommittee Chair

A. Certificate of Deposit (CD) for Financial Reserve--Finance
Subcommittee Chair and UCR Depository Manager
For Discussion and Possible Board Action
    The UCR Finance Subcommittee Chair and UCR Depository Manager will
present and discuss options for investing the proceeds from a CD that
will mature on August 5, 2022. The Board may consider and approve an
option for re-investing the proceeds from the maturing CD.
B. Investment Options for 2021 and 2022 Excess Fees--UCR Finance
Subcommittee Chair and UCR Depository Manager
For Discussion and Possible Board Action
    The UCR Finance Subcommittee Chair and UCR Depository Manager will
present the balances of excess fees from the 2021 and 2022 registration
years. They will also discuss potential options for safely investing
the funds to earn reasonable rates of return that will exceed interest
earnings on standard bank deposit accounts. The Board may consider and
approve an option for investing the excess fees.
C. Update on Response From UCR to the FMCSA's Request for Information
Regarding the UCR Board's Fee Recommendation for the 2023 Registration
Year--UCR Finance Subcommittee Chair, UCR Chief Legal Officer and UCR
Depository Manager
    The UCR Finance Subcommittee Chair, UCR Chief Legal Officer and UCR
Depository Manager will provide an update to the UCR Board regarding
the response provided to FMCSA from their request for information
pertaining to the Board's fee change recommendation, and subsequent
comment, for the 2023 registration year.
D. Update on Potential 2024 Fee Recommendation--UCR Finance
Subcommittee Chair and UCR Depository Manager
    The UCR Finance Subcommittee Chair and UCR Depository Manager will
provide an update to the UCR Board regarding the methodology, process,
and timing for a potential fee recommendation to the Secretary of the
U.S. Department of Transportation and FMCSA for the 2024 registration
year.

Education and Training Subcommittee--UCR Education and Training
Subcommittee Chair

Update on Current and Future Training Initiatives--UCR Education and
Training Subcommittee Chair and UCR Operations Manager
    The Education and Training Subcommittee Chair and the UCR
Operations Manager will provide an update on the current and planned
future training initiatives for the UCR Plan.

IX. Contractor Reports--UCR Executive Director

 UCR Executive Director's Report

    The UCR Executive Director will provide a report covering recent
activity for the UCR Plan.

 DSL Transportation Services, Inc.

    DSL Transportation Services, Inc. will report on the latest data
from the FARs program, discuss motor carrier inspection results, pilot
projects and other matters.

 Seikosoft

    Seikosoft will provide an update on recent/new activity related to
the NRS.

 UCR Administrator Report (Kellen)

    The UCR Staff will provide a management report covering recent
activity for the Depository, Operations, and Communications.

X. Other Business--UCR Board Chair

    The UCR Board Chair will call for any other business, old or new,
from the floor.

XI. Adjournment--UCR Board Chair

    The UCR Board Chair will adjourn the meeting.
    The agenda will be available no later than 5 p.m. Eastern time,
June 1, 2022 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
[email protected].

Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2022-12321 Filed 6-3-22; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Notices]
[Pages 69819-69820]
[FR Doc No: 2019-27371]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0384; FMCSA-2015-0326]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for three
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on June 10, 2019. The exemptions
expire on June 10, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, 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.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2014-0384 or http://

www.regulations.gov/docket?D=FMCSA-2015-0326 and choose the document to
review. If you do not have access to the internet, you may view the
docket online by visiting the Docket Operations in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On August 28, 2019, FMCSA published a notice announcing its
decision to renew exemptions for four individuals from the hearing
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate
commerce and requested comments from the public (84 FR 45203). The
public comment period ended on September 27, 2019, and no comments were
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing exemptions for three of the individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with Sec.  391.41(b)(11). The
fourth individual was Mr. Thomas Carr whose name was published twice in
error.
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the three renewal exemption
applications, FMCSA announces its decision to exempt the following
drivers from the hearing requirement in Sec.  391.41(b)(11).
    As of June 10, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (84 FR 45203):

Robert Dale Brunett (OK); Thomas M. Carr (PA); Jeffrey Webber (OK)

    FMCSA is making a technical amendment for Mr. Thomas M. Carr whose
name was published twice in the notice for comment in error.
    The drivers were included in docket number FMCSA-2014-0384 and
FMCSA-2015-0326. Their exemptions are applicable as of June 10, 2019,
and will expire on June 10, 2021.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

    Issued on: December 12, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-27371 Filed 12-18-19; 8:45 am]
BILLING CODE 4910-EX-P


Graceway Pharmaceuticals response to EPA letter; classified as Confidential Business Information (CBI).

CBI located at EPA headquarters 1310 L St NW.

 PAGE

 PAGE   1


NOTE SUBJECT: Notes from Field Visit to Tri State Mining District TO: Docket FROM: Stephen Hoffman DATE: 11/ 7/ 05 On October 25, 2005 I visited a number of locations throughout the Tri State mining district to familiarize myself with the nature and scope of chat piles. I was accompanied during this visit by Mark Doolan, USEPA.

We started the visit in Baxter Springs and then drove to Treece, Kansas where I observed the Bingham Sand and Gravel facility. I observed a number of chat piles located along Treece Road( which runs along the Kansas/ Oklahoma border). These piles are part of the Tar Creek NPL site. I observed that raw chat was used as road gravel on that portion of the road and was also used to line area ditches. I also observed occupied homes either immediately adjacent to chat piles are located with 200 300 feet of them.

We then drove into Picher, Oklahoma along S570 which appears to be constructed of raw chat. I observed a number of chat piles which were fenced in and had signs indicating that they were federal property. Mark indicated that he thought some of these fenced piles belonged to the Quapaw Tribe. On S570 approximately one half mile north of the Picher School I observed abandoned mill foundations and chimney which appeared to be composed of a chat/ concrete. I could clearly see chat particles in the concrete matrix. I then observed serval very large chat piles located immediately behind the Pricher Junior/ Senior High School baseball field.

We drove back into Picher and observe another three very large chat piles. We drove by the Teeter Asphalt plant which currently produces hot mix asphalt with chat and also drove by Flint Rock Products who wash chat. I observed motorcycle and 4 wheel drive vehicle tracks along the tops of the chat piles.

We then drove into Cherokee county Kansas and observed several locations where chat has been remediated since 1994 around Galena. We drove into Web City, Missouri to observe chat piles in the Jasper county area. There is a considerable amount of redevelopment in this area. Many streams however are filled in with chat ( I observed Center Creek) and that appears to increase metal loadings downstream every time it rains. New housing is being placed on top of one foot of clean material which in turn sits on chat.

We concluded the visit by observing chat piles located between Web City and Centerville where there are two mine pits filled with mine waters. Water is neutral at a pH of 6.8 to 7.2. Plans are being evaluated to use chat to fill in these pits. I observed children riding ATVs across the top of chat piles.


[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Page 60280]
[FR Doc No: 2013-24073]

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ENVIRONMENTAL PROTECTION AGENCY

[(EPA-HQ-OA-2013-0124) FRL 9901-68-OA]

Good Neighbor Environmental Board; Cancellation Notice of Public
Advisory Committee teleconference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Cancellation of the Good Neighbor Environmental Board
Teleconference.

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SUMMARY: EPA announced in the Federal Register on May 17, 2013 [FRL-
9814-6] a Good Neighbor Environmental Board (GNEB) public
teleconference. Pursuant to the Federal Advisory Committee Act, Public
Law 92-463, EPA is giving notice of cancellation of that public meeting
for the Good Neighbor Environmental Board. GNEB is a federal advisory
committee chartered under the Federal Advisory Committee Act, PL 92463.
GNEB provides advice and recommendations to the President and Congress
on environmental and infrastructure issues along the U.S. border with
Mexico.

DATES: The teleconference scheduled for Tuesday, October 1, 2013 has
been cancelled because the meeting is not needed at this time. The
meeting will be rescheduled at a later date.

FOR FURTHER INFORMATION CONTACT: Contact Mark Joyce, Acting Designated
Federal Officer<EMAIL_ADDRESS>(202) 564-2130. General
information about GNEB can be found on its Web site at www.epa.gov/ofacmo/gneb.

    Dated: September 26, 2013.
Mark Joyce,
Acting Designated Federal Officer.
[FR Doc. 2013-24073 Filed 9-30-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47839-47840]
[FR Doc No: 2012-19687]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9004-4]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/

Weekly receipt of Environmental Impact Statements
Filed 07/30/2012 Through 08/03/2012
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

Information

    Starting October 1, 2012, EPA will not accept paper copies or CDs
of EISs for filing purposes; all submissions on or after October 1,
2012 must be made through e-NEPA.
    While this system eliminates the need to submit paper or CD copies
to EPA to meet filing requirements, electronic submission does not
change requirements for distribution of EISs for public review and
comment. To begin using e-NEPA, you must first register with EPA's
electronic reporting site--https://cdx.epa.gov/epa_home.asp

EIS No. 20120257, Final EIS, BR, CA, San Joaquin River Restoration
Program, A Comprehensive Long-Term Effort to Restore Flows to the San
Joaquin River from Friant Dam to the Confluence of Merced River and
Restore a Self-Sustaining Chinook Salmon Fishery in the River while
Reducing or Avoiding Adverse Water Supply Impacts from Interim and
Restoration Flows, Implementation, CA, Review Period Ends: 09/10/2012,
Contact: Michelle Banonis<PHONE_NUMBER>.
EIS No. 20120258, Draft EIS, USN, CA, LEGISLATIVE--Renewal of Naval Air
Weapons Station China Lake Public Land Withdrawal, To Conduct Research,
Development, Acquisition, Test and Evaluation Activities, Kern, Inyo,
and San Bernardino Counties, CA, Comment Period Ends: 11/08/2012,
Contact: Gene Beale<PHONE_NUMBER>.
EIS No. 20120259, Final EIS, MARAD, CA, ADOPTION--Middle Harbor
Redevelopment Project, Funding, Port of Long Beach, Los Angeles County,
CA, Review Period Ends: 09/10/2012, Contact: Kristine Gilson 202-366-
1969. The U.S. Department of Transportation's Maritime Administration
(MARAD) has adopted the U.S. Corps of Engineers final EIS filed 5/21/
2008. The MARAD was not a cooperating agency for the above final EIS.
Recirculation of the document is necessary under Section 1506.3(b) of
the Council on Environmental Quality Regulations.
EIS No. 20120260, Final EIS, USFS, NE., Allotment Management Planning
in the McKelvie Geographic Area Project, Managing Livestock Grazing,
Bessey Ranger District, Samuel R. McKelvie National Forest, Cherry
County, NE., Review Period Ends: 09/10/2012, Contact: Michael Croxen
308-533-2257.
EIS No. 20120261, Final EIS, USFS, CO, Federal Coal Lease Modifications
COC-1362 and COC 67232, Adding 800 and 921 Additional Acres, Paonia
Ranger District, Grand Mesa, Uncompahgre and Gunnison National Forests,
Gunnison County, CO, Review Period Ends: 09/10/2012, Contact: Niccole
Mortenson<PHONE_NUMBER>.
EIS No. 20120262, Draft EIS, BR, CA, San Luis Reservoir State
Recreation Area Resource Management Plan/General Plan, Implementation,
Vicinity of Los Banos, CA, Comment Period Ends: 10/05/2012, Contact:
Dave Woolley<PHONE_NUMBER>.
EIS No. 20120263, Final EIS, USFS, BLM, CA, Barren Ridge Renewable
Transmission Project, Construct, Operate, Maintain and Upgrade 220kV
Electrical Transmission Lines and Switching Stations, Kern and Los
Angeles Counties, CA, Contact: Justin Seastrand,<PHONE_NUMBER>(AFS) or
Lynette Elser<PHONE_NUMBER>(BLM).

    The U.S. Department of Agriculture's Forest Service and the U.S.
Department of the Interior's Bureau of Land Management are joint lead
agencies for this project.
    The U.S. Forest Service has a formally established appeal process
which allows

other agencies or the public to appeal a decision after publication of
the final EIS. More information on this appeal process is available at
http://www.ladwp.com/barrenridge.

    Dated: August 7, 2012.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2012-19687 Filed 8-9-12; 8:45 am]
BILLING CODE 6560-50-P


strategic plan, updated annually, that has been approved by the TRCC
and describes specific quantifiable and measurable improvements
anticipated in the State's core safety databases, including crash,
citation or adjudication, driver, emergency medical services or
injury surveillance system, roadway, and vehicle databases.

    [Fill in the blank for the bullet below.]

     Written description of the performance measure(s), and
all supporting data, that the State is relying on to demonstrate
achievement of the quantitative improvement in the preceding 12
months of the application due date in relation to one or more of the
significant data program attributes is provided in the annual grant
application at ___ (location).

[squ] Part 3: Impaired Driving Countermeasures (23 CFR 1300.23(D)-(F))

    [Check the box above only if applying for this grant.]

All States

     The State will use the funds awarded under 23 U.S.C.
405(d) only for the implementation of programs as provided in 23 CFR
1300.23(j).

Mid-Range State Only

[Check one box below and fill in all blanks under that checked box.]

    [squ] The State submits its statewide impaired driving plan
approved by a statewide impaired driving task force on ___ (date).
Specifically--
    [ssquf] Annual grant application at ___ (location) describes the
authority and basis for operation of the statewide impaired driving
task force;
    [ssquf] Annual grant application at ___ (location) contains the
list of names, titles and organizations of all task force members;
    [ssquf] Annual grant application at ___ (location) contains the
strategic plan based on Highway Safety Guideline No. 8--Impaired
Driving.

    [squ] The State has previously submitted a statewide impaired
driving plan approved by a statewide impaired driving task force on
___ (date) and continues to use this plan.

    [For fiscal year 2024 grant applications only.]

    [squ] The State will convene a statewide impaired driving task
force to develop a statewide impaired driving plan, and will submit
that plan by August 1 of the grant year.

High-Range State Only

    [Check one box below and fill in all blanks under that checked
box.]
    [squ] The State submits its statewide impaired driving plan
approved by a statewide impaired driving task force on ___ (date)
that includes a review of a NHTSA-facilitated assessment of the
State's impaired driving program conducted on ___ (date).
Specifically--
    [ssquf] Annual grant application at ___ (location) describes the
authority and basis for operation of the statewide impaired driving
task force;
    [ssquf] Annual grant application at ___ (location) contains the
list of names, titles and organizations of all task force members;
    [ssquf] Annual grant application at ___ (location) contains the
strategic plan based on Highway Safety Guideline No. 8--Impaired
Driving;
    [ssquf] Annual grant application at ___ (location) addresses any
related recommendations from the assessment of the State's impaired
driving program;
    [ssquf] Annual grant application at ___ (location) contains the
projects, in detail, for spending grant funds;
    [ssquf] Annual grant application at ___ (location) describes how
the spending supports the State's impaired driving program and
achievement of its performance targets.
    [squ] The State submits an updated statewide impaired driving
plan approved by a statewide impaired driving task force on ___
(date) and updates its assessment review and spending plan provided
in the annual grant application at ___ (location).
    [For fiscal year 2024 grant applications only.]
    [squ] The State's NHTSA-facilitated assessment was conducted on
___ (date) (within 3 years of the application due date); OR
    [squ] The State will conduct a NHTSA-facilitated assessment
during the grant year; AND
    [squ] The State will convene a statewide impaired driving task
force to develop a statewide impaired driving plan and will submit
that plan by August 1 of the grant year.

[squ] Part 4: Alcohol-Ignition Interlock Laws (23 CFR 1300.23(G))

    [Check the box above only if applying for this grant.]
    [Check one box below and fill in all blanks under that checked
box.]
    [squ] The State's alcohol-ignition interlock law, requiring all
individuals convicted of driving under the influence or of driving
while intoxicated to drive only motor vehicles with alcohol-ignition
interlocks for a period of not less than 180 days, was enacted on
___ (date) and last amended on ___ (date), is in effect, and will be
enforced during the fiscal year of the grant.
    Legal citations:
     _____ Requirement for alcohol-ignition interlocks for
all DUI offenders for not less than 180 days;
     _____ Identify all alcohol-ignition interlock use
exceptions.
    [squ] The State's alcohol-ignition interlock law, requiring an
individual convicted of driving under the influence of alcohol or of
driving while intoxicated, and who has been ordered to use an
alcohol-ignition interlock, and does not permit the individual to
receive any driving privilege or driver's license unless the
individual installs on each motor vehicle registered, owned, or
leased by the individual an alcohol-ignition interlock for a period
of not less than 180 days, was enacted on ___ (date) and last
amended on ___ (date), is in effect, and will be enforced during the
fiscal year of the grant.
    Legal citations:
     _____ Requirement for installation of alcohol ignition-
interlocks for DUI offenders for not less than 180 days;
     _____ Identify all alcohol-ignition interlock use
exceptions.
    [squ] The State's alcohol-ignition interlock law, requiring an
individual convicted of, or the driving privilege of whom is revoked
or denied, for refusing to submit to a chemical or other appropriate
test for the purpose of determining the presence or concentration of
any intoxicating substance, and who has been ordered to use an
alcohol-ignition interlock, requires the individual to install on
each motor vehicle to be operated by the individual an alcohol-
ignition interlock for a period of not less than 180 days, was
enacted on ___ (date) and last amended on ___ (date), is in effect,
and will be enforced during the fiscal year of the grant; and
    The State's compliance-based removal program, requiring an
individual convicted of driving under the influence of alcohol or of
driving while intoxicated, and who has been ordered to use an
alcohol-ignition interlock, requires the individual to install on
each motor vehicle to be operated by the individual an alcohol-
ignition interlock for a period of not less than 180 days, was
enacted (if a law) or implemented (if a program) on ___ (date) and
last amended on ___ (date), is in effect, and will be enforced
during the fiscal year of the grant; and
    The State's compliance-based removal program, requiring
completion of a minimum consecutive period of not less than 40
percent of the required period of alcohol-ignition interlock
installation immediately prior to the end of the individual's
installation requirement, without a confirmed violation of the
State's alcohol-ignition interlock program use requirements, was
enacted (if a law) or implemented (if a program) on ___ (date) and
last amended on ___ (date), is in effect, and will be enforced
during the fiscal year of the grant.
    Legal citations:
     _____ Requirement for installation of alcohol-ignition
interlocks for refusal to submit to a test for 180 days;
     _____ Requirement for installation of alcohol ignition-
interlocks for DUI offenders for not less than 180 days;
     _____ Requirement for completion of minimum consecutive
period of not less than 40 percent of the required period of
alcohol-interlock use;
     _____ Identify list of alcohol-ignition interlock
program use violations;
     _____ Identify all alcohol-ignition interlock use
exceptions.

[squ] Part 5: 24-7 Sobriety Programs (23 CFR 1300.23(H))

    [Check the box above only if applying for this grant.]

    [Fill in all blanks.]
    The State provides citations to a law that requires all
individuals convicted of driving under the influence or of driving
while intoxicated to receive a restriction on driving privileges
that was enacted on ___ (date) and last amended on ___ (date), is in
effect, and will be enforced during the fiscal year of the grant.
Legal citation(s): ________.

    [Check at least one of the boxes below and fill in all blanks
under that checked box.]
    [squ] Law citation. The State provides citations to a law that
authorizes a statewide 24-7 sobriety program that was enacted on ___
(date) and last amended on ___ (date), is in effect, and will be
enforced during the fiscal year of the grant. Legal citation(s):
________.

    [squ] Program information. The State provides program
information that authorizes a statewide 24-7 sobriety program. The
program information is provided in the annual grant application at
___ (location).

[squ] Part 6: Distracted Driving Grants (23 CFR 1300.24)

    [Check the box above only if applying for this grant and check
the box(es) below for each grant for which you wish to apply.]
    [squ] The State has conformed its distracted driving data to the
most recent Model Minimum Uniform Crash Criteria (MMUCC) and will
provide supporting data (i.e., the State's most recent crash report
with distracted driving data element(s)) within 30 days after
notification of award.

[squ] Distracted Driving Awareness Grant

     The State provides sample distracted driving questions
from the State's driver's license examination in the annual grant
application at ___ (location).

Distracted Driving Law Grants

    [Check at least 1 box below and fill in all blanks under that
checked box.]

[squ] Prohibition on Texting While Driving

    The State's texting ban statute, prohibiting texting while
driving and requiring a fine, was enacted on ___ (date) and last
amended on ___ (date), is in effect, and will be enforced during the
fiscal year of the grant.
    Legal citations:
    [ssquf] _____ Prohibition on texting while driving;
    [ssquf] _____ Definition of covered wireless communication
devices;
    [ssquf] _____ Fine for an offense;
    [ssquf] _____ Exemptions from texting ban.

[squ] Prohibition on Handheld Phone Use While Driving

    The State's handheld phone use ban statute, prohibiting a driver
from holding a personal wireless communications device while driving
and requiring a fine for violation of the law, was enacted on ___
(date) and last amended on ___ (date), is in effect, and will be
enforced during the fiscal year of the grant.
    Legal citations:
    [ssquf] _____ Prohibition on handheld phone use;
    [ssquf] _____ Definition of covered wireless communication
devices;
    [ssquf] _____ Fine for an offense;
    [ssquf] _____ Exemptions from handheld phone use ban.

[squ] Prohibition on Youth Cell Phone Use While Driving

    The State's youth cell phone use ban statute, prohibiting youth
cell phone use while driving, and requiring a fine, was enacted on
___ (date) and last amended on ___ (date), is in effect, and will be
enforced during the fiscal year of the grant.
    Legal citations:
    [ssquf] _____ Prohibition on youth cell phone use while driving;
    [ssquf] _____ Definition of covered wireless communication
devices;
    [ssquf] _____ Fine for an offense;
    [ssquf] _____ Exemptions from youth cell phone use ban.

[squ] Prohibition on Viewing Devices While Driving

    The State's viewing devices ban statute, prohibiting drivers
from viewing a device while driving, was enacted on ___ (date) and
last amended on ___ (date), is in effect, and will be enforced
during the fiscal year of the grant.
    Legal citations:
    [ssquf] _____ Prohibition on viewing devices while driving;
    [ssquf] _____ Definition of covered wireless communication
devices;

[squ] Part 7: Motorcyclist Safety Grants (23 CFR 1300.25)

    [Check the box above only if applying for this grant.]
    [Check at least 2 boxes below and fill in all blanks under those
checked boxes only.]

[squ] Motorcycle Rider Training Course

     The name and organization of the head of the designated
State authority over motorcyclist safety issues is ______.
     The head of the designated State authority over
motorcyclist safety issues has approved and the State has adopted
one of the following introductory rider curricula:
    [Check at least one of the following boxes below and fill in any
blanks.]
    [squ] Motorcycle Safety Foundation Basic Rider Course;
    [squ] TEAM OREGON Basic Rider Training;
    [squ] Idaho STAR Basic I;
    [squ] California Motorcyclist Safety Program Motorcyclist
Training Course;
    [squ] Other curriculum that meets NHTSA's Model National
Standards for Entry-Level Motorcycle Rider Training and that has
been approved by NHTSA.
     In the annual grant application at ___ (location), a
list of counties or political subdivisions in the State where
motorcycle rider training courses will be conducted during the
fiscal year of the grant AND number of registered motorcycles in
each such county or political subdivision according to official
State motor vehicle records.

[squ] Motorcyclist Awareness Program

     The name and organization of the head of the designated
State authority over motorcyclist safety issues is ______.
     The State's motorcyclist awareness program was
developed by or in coordination with the designated State authority
having jurisdiction over motorcyclist safety issues.
     In the annual grant application at ___ (location),
performance measures and corresponding performance targets developed
for motorcycle awareness that identify, using State crash data, the
counties or political subdivisions within the State with the highest
number of motorcycle crashes involving a motorcycle and another
motor vehicle.
     In the annual grant application at ___ (location), the
projects demonstrating that the State will implement data-driven
programs in a majority of counties or political subdivisions where
the incidence of crashes involving a motorcycle and another motor
vehicle is highest, and a list that identifies, using State crash
data, the counties or political subdivisions within the State ranked
in order of the highest to lowest number of crashes involving a
motorcycle and another motor vehicle per county or political
subdivision.

[squ] Helmet Law

    The State's motorcycle helmet law, requiring the use of a helmet
for each motorcycle rider under the age of 18, was enacted on ___
(date) and last amended on ___ (date), is in effect, and will be
enforced during the fiscal year of the grant.

Legal citation(s):-----------------------------------------------------
________.

[squ] Reduction of Fatalities and Crashes Involving Motorcycles

     Data showing the total number of motor vehicle crashes
involving motorcycles is provided in the annual grant application at
___ (location).
     Description of the State's methods for collecting and
analyzing data is provided in the annual grant application at ___
(location).

[squ] Impaired Motorcycle Driving Program

     In the annual grant application or triennial HSP at ___
(location), performance measures and corresponding performance
targets developed to reduce impaired motorcycle operation.
     In the annual grant application at ___ (location),
countermeasure strategies and projects demonstrating that the State
will implement data-driven programs designed to reach motorcyclists
and motorists in those jurisdictions where the incidence of
motorcycle crashes involving an impaired operator is highest (i.e.,
the majority of counties or political subdivisions in the State with
the highest numbers of motorcycle crashes involving an impaired
operator) based upon State data.

[squ] Reduction of Fatalities and Crashes Involving Impaired
Motorcyclists

     Data showing the total number of reported crashes
involving alcohol-impaired and drug-impaired motorcycle operators
are

provided in the annual grant application at ___ (location).
     Description of the State's methods for collecting and
analyzing data is provided in the annual grant application at ___
(location).

[squ] Use of Fees Collected From Motorcyclists for Motorcycle
Programs

    [Check one box only below and fill in all blanks under the
checked box only.]
    [squ] Applying as a Law State--
     The State law or regulation requires all fees collected
by the State from motorcyclists for the purpose of funding
motorcycle training and safety programs are to be used for
motorcycle training and safety programs. Legal citation(s):
________.

AND

     The State's law appropriating funds for FY __
demonstrates that all fees collected by the State from motorcyclists
for the purpose of funding motorcycle training and safety programs
are spent on motorcycle training and safety programs. Legal
citation(s): ________.

    [squ] Applying as a Data State--
     Data and/or documentation from official State records
from the previous fiscal year showing that all fees collected by the
State from motorcyclists for the purpose of funding motorcycle
training and safety programs were used for motorcycle training and
safety programs is provided in the annual grant application at ___
(location).

[squ] Part 8: Nonmotorized Safety Grants (23 CFR 1300.26)

    [Check the box above only if applying for this grant and only if
NHTSA has identified the State as eligible because the State annual
combined nonmotorized road user fatalities exceed 15 percent of the
State's total annual crash fatalities based on the most recent
calendar year final FARS data, then fill in the blank below.]
     The list of project(s) and subrecipient(s) information
that the State plans to conduct under this program is provided in
the annual grant application at ___(location(s)).

[squ] Part 9: Preventing Roadside Deaths Grants (23 CFR 1300.27)

    [Check the box above only if applying for this grant, then fill
in the blank below.]
    [squ] The State's plan describing the method by which the State
will use grant funds is provided in the annual grant application at
___(location(s)).

[squ] Part 10: Driver and Officer Safety Education Grants (23 CFR
1300.28)

    [Check the box above only if applying for this grant.]
    [Check one box only below and fill in required blanks under the
checked box only.]

[squ] Driver Education and Driving Safety Courses

    [Check one box only below and fill in all blanks under the
checked box only.]
    [squ] Applying as a law State--
    The State law requiring that driver education and driver safety
courses include instruction and testing related to law enforcement
practices during traffic stops was enacted on ___(date) and last
amended on ___(date), is in effect, and will be enforced during the
fiscal year of the grant.

Legal citation(s):-----------------------------------------------------
________.

    [squ] Applying as a documentation State--
     The State has developed and is implementing a driver
education and driving safety course throughout the State that
require driver education and driver safety courses to include
instruction and testing related to law enforcement practices during
traffic stops.
     Curriculum or course materials, and citations to grant
required topics within, are provided in the annual grant application
at ___(location).

[squ] Peace Officer Training Programs

    [Check one box only below and fill in all blanks under the
checked box only.]
    [squ] Applying as a law State--
    The State law requiring that the State has developed and
implemented a training program for peace officers and reserve law
enforcement officers with respect to proper interaction with
civilians during traffic stops was enacted on ___(date) and last
amended on ___(date), is in effect, and will be enforced during the
fiscal year of the grant.

Legal citation(s):-----------------------------------------------------
________.

    [squ] Applying as a documentation State--
     The State has developed and is implementing a training
program for peace officers and reserve law enforcement officers with
respect to proper interaction with civilians during traffic stops.
     Curriculum or course materials, and citations to grant
required topics within, are provided in the annual grant application
at ___(location).
    [squ] Applying as a qualifying State--
     A proposed bill or planning or strategy documents that
identify meaningful actions that the State has taken and plans to
take to develop and implement a qualifying law or program is
provided in the annual grant application at ___(location).
     A timetable for implementation of a qualifying law or
program within 5 years of initial application for a grant under this
section is provided in the annual grant application at
___(location).

[squ] Part 11: Racial Profiling Data Collection Grants (23 CFR 1300.29)

    [Check the box above only if applying for this grant.]
    [Check one box only below and fill in all blanks under the
checked box only.]
    [squ] The official document(s) (i.e., a law, regulation, binding
policy directive, letter from the Governor or court order)
demonstrates that the State maintains and allows public inspection
of statistical information on the race and ethnicity of the driver
for each motor vehicle stop made by a law enforcement officer on all
public roads except those classified as local or minor rural roads
are provided in the annual grant application at ___(location).
    [squ] The projects that the State will undertake during the
fiscal year of the grant to maintain and allow public inspection of
statistical information on the race and ethnicity of the driver for
each motor vehicle stop made by a law enforcement officer on all
public roads except those classified as local or minor rural roads
are provided in the annual grant application at ___(location).
    In my capacity as the Governor's Representative for Highway
Safety, I hereby provide the following certifications and
assurances--
     I have reviewed the above information in support of the
State's application for 23 U.S.C. 405 and Section 1906 grants, and
based on my review, the information is accurate and complete to the
best of my personal knowledge.
     As condition of each grant awarded, the State will use
these grant funds in accordance with the specific statutory and
regulatory requirements of that grant, and will comply with all
applicable laws, regulations, and financial and programmatic
requirements for Federal grants.
     I understand and accept that incorrect, incomplete, or
untimely information submitted in support of the State's application
may result in the denial of a grant award.
    I understand that my statements in support of the State's
application for Federal grant funds are statements upon which the
Federal Government will rely in determining qualification for grant
funds, and that knowing misstatements may be subject to civil or
criminal penalties under 18 U.S.C. 1001. I sign these Certifications
and Assurances based on personal knowledge, and after appropriate
inquiry.

-----------------------------------------------------------------------
Signature Governor's Representative for Highway Safety
-----------------------------------------------------------------------
Date
-----------------------------------------------------------------------
Printed name of Governor's Representative for Highway Safety

    Issued in Washington, DC, under authority delegated in 49 CFR
1.95.
Ann Carlson,
Acting Administrator.
[FR Doc. 2023-01819 Filed 2-3-23; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: March 8, 2006 (Volume 71, Number 45)]
[Notices]
[Page 11610-11611]
[DOCID:fr08mr06-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Protests

February 28, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Competing Preliminary Permit.
    b. Project No: 12647-000.
    c. Date Filed: January 30, 2006.
    d. Applicant: Eastern Shoshone Tribe of the Wind River, Wyoming.
    e. Name of Project: Bull Lake Dam Project.
    f. Location: The project would be located on the Bull Lake Creek,
in Fremont County, Wyoming. The project would use the Bull Lake Dam
owned by the U.S. Bureau of Reclamation.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Ivan Posey, Shoshone Business Council,
P.O. Box 217, Fort Washakie, WY 82514,<PHONE_NUMBER>.
    i. FERC Contact: Mr. Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing motions to intervene, protests and comments:
30 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12647-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the

Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Competing Application: Project No. 12602-000, Date Filed: July
1, 2005, Notice Issued: November 1, 2005, Due Date: December 31, 2005.
    l. Description of Project: The proposed project using the U.S.
Bureau of Reclamation's Bull Lake Dam would consist of: (1) A proposed
260-foot-long, 8.5-foot-diameter, steel penstock, (2) a proposed
powerhouse containing a generating unit with an installed capacity of 4
megawatts, (3) a proposed 2-mile-long 25 kilovolt transmission line,
and (4) appurtenant facilities. The project would have an annual
generation of 26 gigawatt hours which would be sold to a local utility.
    m. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    p. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    q. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link. The Commission strongly encourages electronic filings.
    r. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-3199 Filed 3-7-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7084-7085]
[FR Doc No: 2019-03657]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3244]

Enforcement Policy for Certain Marketed Tobacco Products; Draft
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Enforcement
Policy for Certain Marketed Tobacco Products.'' FDA is issuing this
draft guidance to provide information regarding FDA's enforcement
policy for certain marketed tobacco products that become the subject of
a not substantially equivalent (NSE) order. This policy primarily
involves ``provisional'' tobacco products that become subject to NSE
orders issued under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
(provisional tobacco products are tobacco products that were first
introduced or delivered for introduction into interstate commerce for
commercial distribution after February 15, 2007, and prior to March 22,
2011, and for which a substantial equivalence report (SE Report) was
submitted no later than March 22, 2011). The draft guidance also
provides information on FDA's enforcement policy when an applicant
files a request for supervisory review of an NSE order.

DATES: Submit either electronic or written comments on the draft
guidance by April 30, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-3244 for ``Enforcement Policy for Certain Marketed Tobacco
Products.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the

information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The
Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this draft guidance to
the Center for Tobacco Products, Food and Drug Administration, Document
Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the draft guidance may be sent. See the SUPPLEMENTARY INFORMATION
section for information on electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT: Annette Marthaler, Center for Tobacco
Products, Food and Drug Administration, Document Control Center, 10903
New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993-0002,
1-877-287-1373, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Enforcement Policy for Certain Marketed Tobacco Products.''
FDA is issuing this draft guidance to provide information regarding
FDA's enforcement policy for certain marketed tobacco products that
become the subject of an NSE order. This policy primarily involves
provisional tobacco products that become subject to NSE orders issued
under section 910(a)(2)(B) of the FD&C Act (21 U.S.C. 387j(a)(2)(B)).
This policy extends to new tobacco products created by modifying the
quantity of a provisional tobacco product in a pending SE Report that
become subject to NSE orders. The draft guidance also provides
information on FDA's enforcement policy for when FDA receives from an
applicant a request for supervisory review under 21 CFR 10.75 within 30
calendar days of the issue date of the NSE order. The draft guidance
provides that for these new tobacco products, FDA intends to offer
copies of those final scientific reviews that supported the basis of
the Agency's decision to the applicant concurrent with the NSE order
for provisional tobacco products.

II. Significance of Draft Guidance

    FDA is issuing this draft guidance consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Enforcement
Policy for Certain Marketed Tobacco Products,'' and will supersede
``Enforcement Policy for Certain (Provisional) Tobacco Products That
the Food and Drug Administration Finds Not Substantially Equivalent;
Guidance for Industry and Tobacco Retailers'' (the availability of
which was announced in the Federal Register (80 FR 55124, September 14,
2015)). It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.
This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons with access to the internet may obtain an electronic
version of the draft guidance at either https://www.regulations.gov or
https://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/default.htm.

    Dated: February 25, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-03657 Filed 2-28-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22717-22720]
[FR Doc No: 2018-10379]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83209; File No. SR-Phlx-2018-22]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Order Granting
Approval of Proposed Rule Change To Create a New Rule 1081, To Amend
Electronic Market Maker Obligations and Quoting Requirements for
Electronic ROTs, Which Will Be Defined To Include SQTs, RSQTs, Directed
SQTs, Directed RSQTs, Specialists, and Remote Specialists

May 10, 2018.

I. Introduction

    On March 20, 2018, Nasdaq PHLX LLC (``Phlx'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend the market maker obligations and quoting requirements for an SQT,
RSQT, Directed SQT, Directed RSQT, and Specialist (including Remote
Specialist) who enters electronic quotations into the Exchange's
System.\3\ The proposed rule change was published for comment in the
Federal Register on April 5, 2018.\4\ The Commission received no
comments on the proposed rule change. This order grants approval of the
proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See infra notes 5-9 for definitions of SQT, RSQT, Directed
SQT, Directed RSQT, Specialist, Remote Specialist, and System.
    \4\ See Securities Exchange Act Release No. 82975 (March 30,
2018), 83 FR 14690 (April 5, 2018) (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to amend the market maker obligations and
quoting requirements for an ``electronic ROT,'' which would be defined
to include an SQT,\5\ RSQT,\6\ Directed SQT, Directed RSQT,\7\ and
Specialist (including Remote Specialist) \8\ who enters electronic
quotations into the Exchange's System,\9\ and move these modified
provisions to new Phlx Rule 1081.\10\ The Exchange notes that non-SQT
ROTs \11\ would not be subject to the proposed quoting requirements

described herein; instead, they are subject to quarterly trading
requirements as specified in Phlx Rule 1014, Commentary .01.\12\
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    \5\ An ``ROT'' is a regular member of the Exchange located on
the trading floor who has received permission from the Exchange to
trade in options for his own account. See Phlx Rule 1014(b)(i). A
``Streaming Quote Trader'' or ``SQT'' is an ROT who has received
permission from the Exchange to generate and submit option
quotations electronically in options to which such SQT is assigned.
An SQT may only submit such quotations while such SQT is physically
present on the floor of the Exchange. An SQT may only trade in a
market making capacity in classes of options in which the SQT is
assigned. See Phlx Rule 1014(b)(ii)(A).
    \6\ A ``Remote Streaming Quote Trader'' or ``RSQT'' is an ROT
that is a member affiliated with a ``Remote Streaming Quote Trader
Organization'' or ``RSQTO'' with no physical trading floor presence
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such RSQT has
been assigned. See Phlx Rule 1014(b)(ii)(B). See also Phlx Rule
507(a).
    \7\ A ``Directed SQT'' or ``Directed RSQT'' is an SQT or RSQT
that receives a Directed Order. A ``Directed Order'' is any order
(other than a stop or stop-limit order as defined in Phlx Rule 1066)
to buy or sell which has been directed to a particular Specialist,
RSQT, or SQT by an Order Flow Provider. An ``Order Flow Provider''
is any member or member organization that submits, as agent, orders
to the Exchange. See Phlx Rule 1068(a)(i).
    \8\ A ``Specialist'' is an Exchange member who is registered as
an options specialist pursuant to Phlx Rule 501 and Phlx Rule
1020(a). A ``Remote Specialist'' is an options specialist that does
not have a physical presence on an Exchange floor. See Phlx Rule
1020(a)(i) and (ii).
    \9\ The ``System'' is the automated system for order execution
and trade reporting owned and operated by the Exchange which
comprises: (A) An order execution service that enables members to
automatically execute transactions in ``System Securities'' (defined
as all options that are currently trading on the System); and
provides members with sufficient monitoring and updating capability
to participate in an automated execution environment; (B) a trade
reporting service that submits ``locked-in'' trades for clearing to
a registered clearing agency for clearance and settlement; transmits
last-sale reports of transactions automatically to the Options Price
Reporting Authority for dissemination to the public and industry;
and provides participants with monitoring and risk management
capabilities to facilitate participation in a ``locked-in'' trading
environment; and (C) the data feeds described in Phlx Rule 1070. See
Phlx Rule 1000(b)(45) and (46).
    \10\ See proposed Phlx Rule 1081.
    \11\ A non-SQT ROT is an ROT who is neither an SQT nor an RSQT.
See Phlx Rule 1014(b)(ii)(C).
    \12\ See Notice, supra note 4, at 14690.
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A. Market Maker Obligations

    The Exchange proposes first to amend the generalized description of
the market making obligations of an electronic ROT on the Exchange.
Today, the Exchange provides that transactions of a Specialist and an
ROT should constitute a course of dealings reasonably calculated to
contribute to the maintenance of a fair and orderly market, and that
those members should not enter into transactions or make bids or offers
that are inconsistent with such a course of dealings.\13\ In the
Exchange's proposal, new Phlx Rule 1081 would specify that, in
registering as an electronic ROT, a member organization would be
committing to various obligations. Transactions of an electronic ROT in
its market making capacity\14\ would be required to constitute a course
of dealings reasonably calculated to contribute to the maintenance of a
fair and orderly market, and those member organizations would not be
permitted to make bids or offers or enter into transactions that are
inconsistent with such course of dealings. Electronic ROTs would be
prohibited from effecting purchases or sales except in a reasonable and
orderly manner.\15\
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    \13\ See Phlx Rule 1014(a).
    \14\ According to the Exchange, orders, which electronic ROTs
may enter pursuant to Phlx Rule 1080(b)(i)(B), are not considered
market making activity for purposes of fulfilling the proposed
quoting requirements or other obligations. See Notice, supra note 4,
at 14690 n.5.
    \15\ See proposed Phlx Rule 1081(a).
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    In addition, ordinarily during trading hours, an electronic ROT
would be required to: (i) Maintain a two-sided market in those options
in which the electronic ROT is registered to trade, in a manner that
enhances the depth, liquidity, and competitiveness of the market; (ii)
engage, to a reasonable degree under the existing circumstances, in
dealings for its own account when there exists, or it is reasonably
anticipating that there will exist, a lack of price continuity, a
temporary disparity between the supply of (or demand for) a particular
option contract, or a temporary distortion of price relationships
between option contracts of the same class; (iii) compete with other
electronic ROTs in all options in all capacities in which the
electronic ROT is registered to trade; (iv) make markets that will be
honored for the number of contracts entered into the System in all
options in which the electronic ROT is registered to trade; (v) update
quotations in response to changed market conditions in all options in
which the electronic ROT is registered to trade; (vi) maintain active
markets in all options in which the electronic ROT is registered; and
(vii) honor all orders attributed to the electronic ROT that the System
routes to away markets pursuant to Phlx Rule 1080(m).\16\
---------------------------------------------------------------------------

    \16\ See proposed Phlx Rule 1081(a).
---------------------------------------------------------------------------

    The proposed rules provide further that, if Phlx Regulation found
any substantial or continued failure to engage in a course of dealings
as described above, the electronic ROT would be subject to disciplinary
action or suspension or revocation of registration in one or more of
the securities in which the electronic ROT is registered. The proposed
rule stipulates that nothing in the rule would limit any other power of
the Board under the rules, or procedures of the Exchange, with respect
to the registration of an ROT or any violation by an ROT pursuant to
the rule.\17\ The Exchange states that the proposed obligations are
similar to those imposed on market makers by another options
exchange.\18\
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    \17\ See proposed Phlx Rule 1081(b). The Exchange explains that
it added this rule text to make clear that the obligations noted
within this proposed rule are not an exclusive list, because an
electronic ROT may be found to have violated other by-laws and rules
of the Exchange that are separate and apart from these obligations.
See Notice, supra note 4, at 14691 n.9.
    \18\ See Notice, supra note 4, at 14690-91 & n.8. See also BX
Rules at Chapter VII, Section 5.
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B. Quoting Requirements

    The Exchange further proposes to amend the quoting requirements for
electronic ROTs. Electronic ROTs would be required to enter bids and
offers for the options to which they are registered, except in an
assigned options series listed intra-day on the Exchange. On a daily
basis, an electronic ROT would be required to make markets consistent
with the applicable quoting requirements, as described further below. A
member organization would be required to meet each quoting requirement
separately depending on the role that the member organization plays
with respect to different options series.\19\
---------------------------------------------------------------------------

    \19\ See proposed Phlx Rule 1081(c). Specifically, the proposed
rule states that an SQT and RSQT who is also the Specialist would be
held to the quoting requirements for Specialists in options series
in which the Specialist is assigned and would be held to the quoting
requirements for SQTs and RSQTs in all other options series where
assigned. An SQT or RSQT who receives a Directed Order would be held
to the quoting requirements for Directed SQTs and Directed RSQTs.
See id.
---------------------------------------------------------------------------

    The proposed rules would state explicitly that an electronic ROT's
bid and offer for a series of options contracts would need to be
accompanied by the number of contracts at that price that the
electronic ROT is willing to buy or sell. Similar to under current
rules, the best bid or best offer submitted by an electronic ROT would
be required to have a size of not less than the minimum number of
contracts determined by the Exchange on a class-by-class basis, which
minimum will be at least one contract.\20\ The new rule would also
state that an electronic ROT that enters a bid in a registered option
series would be required to enter an offer and vice versa. The
quotations would need to meet the legal quote width requirements in
Phlx Rule 1014(c)(i)(A)(1) and (2).\21\
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    \20\ See proposed Phlx Rule 1081(c)(i). See also Phlx Rule
1014(b)(ii)(D)(3) (specifying the minimum contract size for SQTs,
RSQTs, and Specialists), the current equivalent provision that is
being replaced.
    \21\ See proposed Phlx Rule 1081(c)(ii).
---------------------------------------------------------------------------

    With respect to the specific quoting requirements, currently, the
Exchange requires an SQT and an RSQT to quote two-sided markets in not
less than 60% of the series in which such SQT or RSQT is assigned. To
satisfy these requirements when quoting a series, an SQT or RSQT must
quote such series 90% of the trading day (as a percentage of the total
number of minutes in such trading day) or such higher percentage as the
Exchange may announce in advance. These obligations apply collectively
to all appointed issues, rather than on an issue-by-issue basis.\22\
Under the proposal, SQTs and RSQTs associated with the same member
organization would be collectively required to provide two-sided
quotations in 60% of the cumulative number of seconds, or such higher
percentage as the Exchange may announce in advance, for which that
member organization's assigned option series are open for trading.\23\
---------------------------------------------------------------------------

    \22\ See Phlx Rule 1014(b)(ii)(D)(1).
    \23\ See proposed Phlx Rule 1081(c)(ii)(A). See infra, notes 35-
36 and accompanying text, regarding the method by which the
percentage would be calculated.
---------------------------------------------------------------------------

    In addition, currently, the Exchange requires a Specialist,
including an RSQT functioning as a Remote Specialist, to quote two-
sided markets in the lesser of 99% of the series or 100% of the series
minus one call-put pair in each option in which such Specialist is
assigned. To satisfy these requirements when quoting a series, a
Specialist must quote such series 90% of the trading day (as a
percentage of the total number of minutes in such trading day) or such

higher percentage as the Exchange may announce in advance. These
obligations apply collectively to all appointed issues, rather than on
an issue-by-issue basis.\24\ Under the proposal, Specialists (including
Remote Specialists) associated with the same member organization would
be collectively required to provide two-sided quotations in 90% of the
cumulative number of seconds, or such higher percentage as the Exchange
may announce in advance, for which that member organization's assigned
options series are open for trading.\25\ The Exchange states that the
Specialists' heightened quoting requirements as compared to SQTs and
RSQTs allow for Specialists to receive certain participation
rights.\26\
---------------------------------------------------------------------------

    \24\ See Phlx Rule 1014(b)(ii)(D)(2).
    \25\ See proposed Phlx Rule 1081(c)(ii)(B). See infra, notes 35-
36 and accompanying text, regarding the method by which the
percentage would be calculated.
    \26\ See Notice, supra note 4, at 14693. See also Phlx Rules
1014(g)(ii) and 1014(g)(vii)(B)(1)(c).
---------------------------------------------------------------------------

    Further, currently, the Exchange requires a Directed SQT and a
Directed RSQT to quote two-sided markets in the lesser of 99% of the
series listed on the Exchange or 100% of the series listed on the
Exchange minus one call-put pair,\27\ in each case in at least 60% of
the options in which such Directed SQT or Directed SQT is assigned.\28\
To satisfy these requirements when quoting a series, a Directed SQT or
Directed RSQT must quote such series 90% of the trading day (as a
percentage of the total number of minutes in such trading day) or such
higher percentage as the Exchange may announce in advance. These
obligations apply collectively to all appointed issues, rather than on
an issue-by-issue basis.\29\ Under the proposal, Directed SQTs and
Directed RSQTs associated with the same member organization would be
collectively required to provide two-sided quotations in 90% of the
cumulative number of seconds, or such higher percentage as the Exchange
may announce in advance, for which that member organization's assigned
options series are open for trading. A member organization would be
considered directed in all assigned options once the member
organization receives a Directed Order in any option in which they are
assigned and would be considered a Directed SQT or Directed RSQT until
such time as the member organization notifies the Exchange that they
are no longer directed.\30\ The Exchange notes that the Directed SQTs
and Directed RSQTs' heightened quoting requirements as compared to SQTs
and RSQTs allow for Directed SQTs and Directed RSQTs to receive certain
participation rights.\31\
---------------------------------------------------------------------------

    \27\ ``Call-put pair'' refers to one call and one put that cover
the same underlying instrument and have the same expiration date and
exercise price. See Phlx Rule 1014(b)(ii)(D)(6).
    \28\ See Phlx Rule 1014(b)(ii)(D)(1). Whenever a Directed SQT or
Directed RSQT enters a quotation in an option in which such Directed
SQT or Directed RSQT is assigned, such Directed SQT or Directed RSQT
must maintain until the close of that trading day quotations for the
lesser of 99% of the series of the option listed on the Exchange or
100% of the series of the option listed on the Exchange minus one
call-put pair. See id.
    \29\ See id.
    \30\ See proposed Phlx Rule 1081(c)(ii)(C). See infra, notes 35-
36 and accompanying text, regarding the method by which the
percentage would be calculated.
    \31\ See Notice, supra note 4, at 14693. See also Phlx Rule
1014(g)(viii)(B).
---------------------------------------------------------------------------

    The Exchange states that the proposal better accommodates the
occasional issues that may arise in a particular series, arguing that
the existing quoting requirements may at times discourage liquidity in
particular options series because an electronic ROT is forced to focus
on a momentary lapse, rather than using the appropriate resources to
focus on the options series that need and consume additional
liquidity.\32\
---------------------------------------------------------------------------

    \32\ See Notice, supra note 4, at 14695.
---------------------------------------------------------------------------

    For SQTs, RSQTs, Directed SQTs, and Directed RSQTs, the Exchange
would continue to exclude from the above quoting requirements any
Quarterly Option Series, Adjusted Option Series, and any option series
until the time to expiration for such series is less than nine
months.\33\ Specialists would continue to be subject to the above
quoting requirements for all assigned option series, including
Quarterly Option Series, Adjusted Option Series, and any option series
with an expiration of nine months or greater.\34\
---------------------------------------------------------------------------

    \33\ See proposed Phlx Rule 1081(c)(ii)(A) and (C). See also
Phlx Rule 1014(b)(ii)(D)(4), the current equivalent provision that
is being replaced. An ``Adjusted Option Series'' would be defined as
an option series wherein one option contract in the series
represents the delivery of other than 100 shares of underlying stock
or Exchange-Traded Fund Shares. See proposed Phlx Rule
1081(c)(ii)(A)(i). See also Phlx Rule 1014(b)(ii)(D)(4).
    \34\ See proposed Phlx Rule 1081(c)(ii)(B).
---------------------------------------------------------------------------

    The Exchange would calculate compliance with the above quoting
requirements by (i) taking the total number of seconds the member
organization disseminates quotes in each assigned option series; \35\
and (ii) dividing that time by the eligible total number of seconds
each assigned option series is open for trading that day. Quoting would
not be required in every assigned options series and compliance with
this requirement would be determined by reviewing the aggregate of
quoting in assigned options series for the member organization.\36\
Similar to current requirements, the Exchange would consider exceptions
to the quoting requirements based on demonstrated legal or regulatory
requirements or other mitigating circumstances. The Exchange would
determine compliance with quoting requirements on a monthly basis.
However, this monthly compliance evaluation would not relieve a member
organization of the obligation to provide continuous two-sided quotes
on a daily basis or prohibit the Exchange from taking disciplinary
action against a member organization for failure to meet the quoting
requirements each trading day.\37\ If a technical failure or limitation
of a System of the Exchange prevents a member organization from
maintaining, or prevents a member organization from communicating to
the Exchange timely and accurate quotes, the duration of such failure
or limitation would not be included in any calculation of quoting
requirements with respect to the affected quotes.\38\
---------------------------------------------------------------------------

    \35\ With respect to SQTs, RSQTs, Directed SQTs, and Directed
RSQTs, such calculation would exclude Quarterly Option Series,
Adjusted Option Series, and any option series with an expiration of
nine months or greater. See proposed Phlx Rule 1081(c)(ii)(D).
    \36\ See proposed Phlx Rule 1081(c)(ii)(D). See Notice, supra
note 4, at 14694, for an example of how the Exchange would calculate
compliance with the quoting requirements.
    \37\ See proposed Phlx Rule 1081(c)(iii). See also Phlx Rule
1014(b)(ii)(D)(1) and (2), the current equivalent provision that is
being replaced.
    \38\ See proposed Phlx Rule 1081(c)(iv). See also Phlx Rule
1014(b)(ii)(D)(5), the current equivalent provision that is being
replaced.
---------------------------------------------------------------------------

    The Exchange states that the proposed quoting requirements as
described above are similar to those of another options exchange.\39\
---------------------------------------------------------------------------

    \39\ See Notice, supra note 4, at 14692-93. See also BX Rules at
Chapter VII, Sections 6, 14, and 15.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\40\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\41\ which
requires, among other things, that the rules of a national securities
exchange be 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.
---------------------------------------------------------------------------

    \40\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \41\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange proposes to add specificity regarding the general
description in its rules regarding market maker obligations of an
electronic ROT. The Commission finds that the changes it is making in
this regard are consistent with the Act and notes that, as the Exchange
maintains, the changes are consistent with the rules of another options
exchange.\42\
---------------------------------------------------------------------------

    \42\ See BX Rules, Chapter VII, Section 5.
---------------------------------------------------------------------------

    The Exchange proposes to reduce the specific quoting requirements
for electronic ROTs of the various types. SQTs and RSQTs associated
with the same member organization would be collectively required to
provide two-sided quotations in 60% of the cumulative number of seconds
for which that member organization's assigned option series are open
for trading. Specialists (including Remote Specialists) associated with
the same member organization would be collectively required to provide
two-sided quotations in 90% of the cumulative number of seconds for
which that member organization's assigned option series are open for
trading. Similarly, Directed SQTs and Directed RSQTs associated with
the same member organization would be collectively required to provide
two-sided quotations in 90% of the cumulative number of seconds for
which that member organization's assigned option series are open for
trading. The Exchange would be able to designate a higher percentage
for any of these quoting requirements by announcing such percentage in
advance.
    These quoting requirements would apply to all of an electronic
ROT's assigned options on a daily basis. These quoting requirements
would be reviewed on a monthly basis, and would allow the Exchange to
review the electronic ROT's daily compliance in the aggregate and
determine the appropriate disciplinary action for single or multiple
failures to comply with the continuous quoting requirement during the
month period. The Commission notes that the proposed rules provide that
determining compliance with the continuous quoting requirements on a
monthly basis would not relieve the electronic ROT of the obligation to
provide continuous two-sided quotes on a daily basis, nor would it
prohibit the Exchange from taking disciplinary action against an
electronic ROT for failing to meet the continuous quoting requirements
each trading day.
    The Commission finds that the proposed changes to the quoting
requirements of electronic ROTs are consistent with the Act. The
Exchange believes that the revised requirements will enable electronic
ROTs to focus on the options series that need and consume more
liquidity than others. To the extent this is true, the proposal will
enhance trading opportunities on the Exchange. Moreover, the Commission
believes that, although the proposal would reduce the quoting
requirements for the various electronic ROTs from their current levels,
the proposed changes are consistent, as the Exchange argues, with the
market maker quoting requirements in place on other markets.\43\ The
Commission further notes that, notwithstanding the proposed changes to
the quoting requirements for Specialists, Directed SQTs, and Directed
RSQTs, the revised quoting requirements continue to reflect meaningful
market making obligations. Additionally, the proposed rules reflect a
balance of rights and obligations consistent with the balance reflected
in the rules of other exchanges for market participants fulfilling a
similar role.\44\ In addition, the Commission believes that the
proposed changes to provide additional detail about how the Exchange
will apply these quoting requirements adds further clarity to the
rules.
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    \43\ See, e.g, BX Rules, Chapter VII, Sections 6, 14, and 15;
NYSE American Rules 925.1NY and 964.1NY; NYSE Arca Rules 6.37B-O and
6.88-O.
    \44\ See, e.g., Nasdaq GEMX Rules 713 and 804; Nasdaq ISE Rules
713 and 804; Nasdaq MRX Rules 713 and 804. See also supra notes 26
and 31 and accompanying text.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\45\ that the proposed rule change (SR-Phlx-2018-22), be, and
hereby is, approved.
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    \45\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\46\
---------------------------------------------------------------------------

    \46\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10379 Filed 5-15-18; 8:45 am]
 BILLING CODE 8011-01-P