[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Notices]
[Pages 40709-40713]
[FR Doc No: 2020-14492]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89194; File No. SR-BOX-2020-22]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee
Schedule on the BOX Options Market LLC Facility To Establish Section
I.C.2 (Strategy Order Facilitation and Solicitation Transactions)

June 30, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 15, 2020, BOX Exchange LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Exchange filed the proposed rule
change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-
4(f)(2) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule on
the BOX Options Market LLC (``BOX'') facility. The text of the proposed
rule change is available from the principal office of the Exchange, at
the Commission's Public Reference Room and also on the Exchange's
internet website at http://boxexchange.com.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule for trading on BOX
to establish Section I.C.2 (Strategy Order Facilitation and
Solicitation Transactions). Specifically, the Exchange proposes to
establish fees and rebates for Strategy Order Facilitation and
Solicitation transactions which include the following strategies: Short
stock interest strategies, merger strategies, reversal strategies,
conversion strategies, jelly roll strategies, and box spread
strategies.\5\ The Strategy Order Facilitation and Solicitation
transactions will be subject to the following fees:
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    \5\ The Exchange notes that the following definitions for these
strategies already exist in the BOX Fee Schedule. The Exchange is
simply moving the definitions to the proposed section discussed
above. A ``short stock interest strategy'' is defined as a
transaction done to achieve a short stock interest arbitrage
involving the purchase, sale, and exercise of in-the-money options
of the same class. A ``merger strategy'' is defined as transactions
done to achieve a merger arbitrage involving the purchase, sale and
exercise of options of the same class and expiration date, each
executed prior to the date on which shareholders of record are
required to elect their respective form of consideration, i.e., cash
or stock. A ``reversal strategy'' is established by combining a
short security position with a short put and a long call position
that shares the same strike and expiration. A ``conversion
strategy'' is established by combining a long position in the
underlying security with a long put and a short call position that
shares the same strike and expiration. A ``jelly roll strategy'' is
created by entering into two separate positions simultaneously. One
position involves buying a put and selling a call with the same
strike price and expiration. The second position involves selling a
put and buying a call, with the same strike price, but with a
different expiration from the first position. A ``box spread
strategy'' is a strategy that synthesizes long and short stock
positions to create a profit. Specifically, a long call and short
put at one strike is combined with a short call and long put at a
different strike to create synthetic long and synthetic short stock
positions, respectively. The Exchange notes that ``dividend
strategies'' are not eligible for the proposed fees, fee cap and
rebate in the Strategy Facilitation and Solicitation auction
mechanism. Dividend strategies executed through the Facilitation or
Solicitation auction mechanism will continue to be subject to the
fees in Section I.C. of the BOX Fee Schedule and the rebate in
Section I.C.1.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Agency order              Facilitation order or solicitation   Responses in the solicitation or
                                             ------------------------------------               order                   facilitation auction mechanisms
                Account type                                                     -----------------------------------------------------------------------
                                                 Penny pilot     Non-penny pilot     Penny pilot     Non-penny pilot     Penny pilot     Non-penny pilot
                                                   classes           classes           classes           classes           classes           classes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Customer.............................             $0.00             $0.00             $0.00             $0.00             $0.25             $0.40
Professional Customer.......................             $0.10             $0.10             $0.10             $0.10             $0.25             $0.40
Broker Dealer...............................             $0.25             $0.25             $0.25             $0.25             $0.25             $0.40
Market Maker................................             $0.25             $0.25             $0.25             $0.25             $0.25             $0.40
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Further, the Exchange proposes that the fees for these transactions
will be capped at $1,000 per day per customer. The Exchange proposes
that on each trading day, Participants are eligible to receive a $500
rebate per customer for executing the Strategy Orders listed above
through the Facilitation or Solicitation mechanisms. The rebate will be
applied once the $1,000 fee cap per customer is met. Further, the
rebate will be paid to the Participant that entered the order into the
BOX system.\6\ Additionally, the Exchange is proposing to add
clarifying text to Section II.D. of the Fee Schedule (Strategy QOO
Order Fee Cap and Rebate) to make clear that the daily cap and rebate
is applied on a per customer basis. The proposed text does not
substantively alter the manner in which fees are assessed or rebates
are applied, the proposed text merely updates the Fee Schedule language
to make clear how fees and rebates are calculated.
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    \6\ The Exchange notes that with regard to the daily cap, fees
assessed for Strategy QOO Orders executed on the BOX Trading Floor
will be combined with the fees assessed electronically. For example,
when Customer A sends certain Strategy QOO Orders to Floor Broker 1
on the Trading Floor, Customer A's fees for these orders will be
capped at $1,000 per day. If Customer A reaches the $1,000 Fee Cap,
Floor Broker 1, who entered these orders on behalf of Customer A
into the BOX system, will receive the $500 rebate. Under this
proposal, Floor Broker 1 may execute some or all of these orders
electronically through the Facilitation and Solicitation mechanisms.
If so, Customer A's fees for any orders executed through the
Facilitation or Solicitation Mechanisms will be combined with any
orders executed on the BOX Trading Floor with regard to the daily
fee cap.
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    The Exchange notes that the proposed fee structure is similar to
what is currently assessed for these Strategy Orders executed on the
BOX Trading Floor. Under Section II (Manual Transactions) of the BOX
Fee Schedule, Broker Dealers and Market Makers Strategy QOO Orders' are
charged $0.25 for the Strategy QOO Orders and Professional Customers
are charged $0.10 for their Strategy QOO Orders. These orders are
capped at $1,000 on a daily basis and Floor Brokers are eligible for a
$500 rebate for presenting these Strategy QOO Orders on the Trading
Floor once the $1000 fee cap is met.\7\
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    \7\ The Exchange notes, as previously mentioned above, the daily
cap and rebate are applied on a per customer basis.
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    The Exchange is now proposing a similar fee and rebate structure
for Strategy Orders executed electronically through the Facilitation or
Solicitation Auction Mechanisms.\8\ With regard to the rebate, the
Exchange notes that on the Trading Floor, Floor Brokers who present
such transactions to the Trading Floor receive the $500 rebate once the
$1,000 fee cap is hit. Here, the Exchange proposes that when Strategy
Orders are executed electronically through the Facilitation and
Solicitation mechanisms, the Participant who enters the order into the
BOX system will receive the $500 rebate (once the $1,000 fee cap is
hit).
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    \8\ The Exchange notes that Participants are currently able to
send these orders through the Facilitation and Solicitation
mechanisms, however they are not eligible for the fee cap or rebate
that is provided Strategy QOO Orders on the BOX Trading Floor. The
Exchange believes that providing the daily fee cap and rebate to
electronic market participants will result in increased order flow
through the Facilitation and Solicitation mechanisms benefiting all
market participants.
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    The Exchange also proposes to amend Section III (Liquidity Fees and
Credits). Specifically, the Exchange proposes to amend Section III.B to
state that the transactions in proposed Section I.C.2 (Strategy Order
Facilitation and Solicitation Transactions) are exempt from the fees
and credits detailed in Section III.B.
    Lastly, the Exchange proposes to renumber footnotes through the fee
schedule in conjunction to the changes discussed herein.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act, in general, and Section
6(b)(4) and 6(b)(5)of the Act,\9\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among BOX Participants and other persons using its facilities
and does not unfairly discriminate between

customers, issuers, brokers or dealers. The Exchange notes that it
operates in a highly competitive market in which the Exchange must
continually reassess its fees in order to maintain its competitiveness
within the options exchange industry. The proposed changes reflect a
competitive pricing structure designed to incentivize market
participants to direct their order flow to the Exchange.
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    \9\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes establishing the fee structure for Strategy
Order Facilitation and Solicitation Transactions is reasonable,
equitable and not unfairly discriminatory. The Exchange believes that
the proposed fees are reasonable as they are in line with the fees
currently assessed for Strategy QOO Orders on the BOX Trading Floor. As
discussed herein, the Exchange is establishing similar fees to the fees
assessed on the Trading Floor and making the daily fee cap and rebate
for these orders available to market participants who wish to execute
Strategy Orders electronically, or both electronically and on the BOX
Trading Floor. The Exchange believes that the proposed fee structure
will incentivize market participants to submit Strategy Orders through
the Facilitation or Solicitation mechanisms resulting in increased
liquidity on the Exchange benefitting all market participants.\10\ The
Exchange believes that the proposed fees for Strategy Orders executed
through the Facilitation and Solicitation Mechanisms are reasonable and
appropriate. As discussed above, the proposed fees are similar to the
fees assessed for Strategy QOO Orders on the BOX Trading Floor. The
Exchange is simply creating a similar fee structure for Participants
who wish to submit Strategy Orders electronically through the
Facilitation or Solicitation Auction Mechanism.
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    \10\ The Exchange notes that there is a larger responding
community electronically versus on the BOX Trading Floor. The
Exchange believes that establishing fees that are similar to the
current floor fees (including the daily fee cap and rebate) will
result in increased order flow to these mechanisms resulting in more
responses and ultimately more executions on the Exchange. As
discussed herein, the proposed rebate will be paid to the
Participant who enters the Strategy Orders into the BOX system where
the rebate on the BOX Trading Floor is paid to the Floor Broker who
presented the Strategy QOO Orders on the Trading Floor.
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    The Exchange believes that excluding dividend strategies from the
proposed fees, fee cap and rebate is reasonable and appropriate. The
Exchange notes that this type of order is best suited for execution on
the BOX Trading Floor and the Exchange does not believe incentivizing
electronic dividend strategies is necessary.
    The Exchange believes the proposed $0.25 fees for Agency Orders and
Facilitation or Solicitation Orders for Broker Dealers and Market
Makers and the proposed $0.10 fee for Agency Order and Facilitation or
Solicitation Orders for Professional Customers are reasonable and
appropriate as these fees are currently assessed to Participants on the
BOX Trading Floor for Strategy QOO Orders.\11\ Further, the Exchange
believes that charging Professional Customers and Broker Dealers and
Market Makers more than Public Customers for Agency Orders and
Facilitation and Solicitation Orders is reasonable, equitable and not
unfairly discriminatory. The securities markets generally, and BOX in
particular, have historically aimed to improve markets for investors
and develop various features within the market structure for Public
Customer benefit. The Exchange believes that charging no fees to Public
Customers for Strategy Orders in the Facilitation and Solicitation
auction mechanisms is reasonable and, ultimately, will benefit all
Participants trading on the Exchange by attracting Public Customer
order flow. Further, the Exchange believes it is reasonable and
appropriate to assess Professional Customers a lower fee than Broker
Dealers and Market Makers because it is intended to attract a greater
number of Professional Customer Strategy Orders to the Exchange. The
Exchange believes the potential increased volume would create better
trading opportunities that benefit all market participants.
Specifically, greater volume and liquidity from increased order flow
could create more trading opportunities and tighter spreads. Lastly,
the Exchange believes the proposed fees for Professional Customers is
appropriate as the Exchange is mirroring the fees currently assessed
for Strategy QOO transactions on the BOX Trading Floor.\12\
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    \11\ The Exchange notes that Public Customers will not be
assessed a fee for Agency Orders or Facilitation Orders or
Solicitation Orders in the proposed fee structure. The Exchange
believes this is reasonable as Public Customers are not assessed
fees for these types of transactions on the BOX Trading Floor and
are not assessed fees in the current Facilitation and Solicitation
auction mechanisms. Further, BOX notes that it recently filed a fee
change to reduce the Professional Customer QOO Order fee. See SR-
BOX-2020-18.
    \12\ Id.
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    The Exchange also believes the proposed fees of $0.25 for Penny
Pilot Classes and $0.40 for Non-Penny Pilot Classes for Responses in
the Facilitation or Solicitation Auction Mechanisms are reasonable and
equitable. The proposed fees are the same rates currently charged for
each account type for Responses in BOX's Facilitation and Solicitation
auction mechanisms for all other transactions. The Exchange believes it
is reasonable to establish different fees for Strategy Order
Facilitation and Solicitation transactions in Penny Pilot Classes
compared to transactions in Non-Penny Pilot Classes. The Exchange makes
this distinction throughout the BOX Fee Schedule, including the
Exchange fees for PIP and COPIP Transactions. The Exchange believes it
is reasonable to establish higher fees for Non-Penny Pilot Classes
because these Classes are typically less actively traded and have wider
spreads.
    The Exchange believes the proposed $1000 fee cap is reasonable as
it is in line with the fee cap that is currently applied to Strategy
QOO Orders on the BOX Trading Floor. The proposed fee cap is designed
to incentivize order flow in Strategy Orders, and the Exchange believes
that the proposed fee cap, coupled with the other changes discussed
herein, will result in increased participation in Strategy Orders on
BOX. As such, the Exchange believes the increased order flow in
Strategy Orders will result in increased liquidity on BOX to the
benefit of all market participants. Further, the Exchange believes that
the proposed fee cap is equitable and not unfairly discriminatory
because all Participants are subject to the cap, regardless of account
type.
    The Exchange believes the proposed rebate is reasonable as it is
similar in nature to the rebate that is currently applied to these
types of orders on the BOX Trading Floor. As discussed herein, Floor
Brokers receive the $500 (once the $1,000 fee cap is hit) for
presenting Strategy QOO Orders on the Trading Floor. Here, the Exchange
proposes that the Participant who enters Strategy Orders into the BOX
system will receive the $500 rebate (once the $1,000 fee cap is hit).
Further, the Exchange believes that offering the proposed rebate will
result in increased order flow to these auction mechanisms which, in
turn, will benefit all market participants. The Exchange also believes
the proposed rebate is equitable and not unfairly discriminatory as the
rebate is available to all Participants who submit such orders to BOX.
    The Exchange believes that aggregating electronic Strategy Order
fees and Strategy QOO Order fees on the BOX Trading Floor for purposes
of calculating the proposed fee cap and rebate is reasonable, equitable
and not unfairly discriminatory. With regard to the proposed daily fee
cap and rebate, the Exchange believes combining the electronic
transaction fees and manual transaction fees is not a novel concept.

On Nasdaq Phlx LLC (``Phlx''), a volume based rebate is paid for all
qualifying executed Qualified Contingent Cross (``QCC'') Orders
including both electronic and manual transactions.\13\ Specifically,
Phlx applies a tiered rebate structure ranging from $0.05 to $0.11 per
contract for all QCC transaction volume--electronic and manual.
Further, Phlx applies a Monthly Firm Fee Cap of $75,000 for all floor
option transaction charges and QCC Transaction Fees (both electronic
and manual).
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    \13\ See Phlx Fee Schedule Options 7, Section 4.
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    The Exchange believes that combining the electronic and manual
transaction fees as discussed herein will incentivize market
participants to send these types of Complex Orders to the Exchange,
either electronically and/or manually, to take advantage of the
proposed fee cap and rebate. The Exchange believes the proposed cap and
rebate will result in increased order flow which could result in more
executions on the Exchange, benefitting all market participants. The
Exchange believes this proposed change is equitable and not unfairly
discriminatory as all Participants are subject to the proposed daily
fee cap and rebate.\14\
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    \14\ Under this proposal, Participants will have the ability to
execute Strategy QOO Orders on the Trading Floor (if they are an
approved Floor Broker) or execute the same types of orders through
the Complex Order Facilitation or Solicitation Orders
electronically. The Exchange does not believe a Participant with a
presence on the Trading Floor and on the electronic market has an
unfair advantage as all market participants have the ability to
become a Floor Participant and extend their presence on the
electronic Exchange and the physical Trading Floor.
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    The Exchange believes that the proposed non-substantive clarifying
language in Section II.D. of the Fee Schedule is reasonable and
equitable because the added text is intended to provide greater clarity
to Participants with regard to how the Exchange assesses fees and
provides rebates. The Exchange notes that the proposed non-substantive
clarifying text does not amend any fee or rebate, nor alter the manner
in which it assesses fees or calculates rebates.
    Lastly, the Exchange believes that the proposed change to exempt
the proposed Strategy Order Facilitation and Solicitation transactions
from the liquidity fees and credits detailed in Section III.B of the
BOX Fee Schedule is reasonable and appropriate as the proposed fees are
intended to mirror the fees assessed to Strategy QOO Orders on the BOX
Trading Floor. Further, Liquidity Fees and Credits are meant to promote
order flow to BOX, which the Exchange believes is no longer necessary
with the proposed changes above. Further, the Exchange believes that
this proposed change is equitable and not unfairly discriminatory
because all Strategy Orders executed through the Facilitation or
Solicitation mechanism will be exempt from Liquidity Fees and Credits,
regardless of account type.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes the
proposed Complex Order Facilitation and Solicitation Transaction fees
will not impose a burden on competition among various Exchange
Participants. Rather, BOX believes that the changes will result in the
Participants being charged appropriately for Strategy Order
Facilitation and Solicitation Transactions and are designed to enhance
competition in these auction mechanisms. Submitting an order is
entirely voluntary and Participants can determine which type of order
they wish to submit, if any, to the Exchange. Further, the Exchange
does not believe that capping the fees for Strategy Orders will impose
an undue burden on competition because all Participants are eligible
for the fee cap. Lastly, the Exchange does not believe that offering a
rebate to Participants will impose an undue burden on competition
because all Participants are eligible to transact Strategy Orders on
BOX and receive a rebate.
    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees and rebates to remain competitive with
other exchanges. Because competitors are free to modify their own fees
in response, and because market participants may readily send their
order flow to competing venues, the degree to which fee changes in this
market may impose any burden on competition is extremely limited.

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

    No written comments were either solicited or received.

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 Exchange Act \15\ and Rule 19b-4(f)(2)
thereunder,\16\ because it establishes or changes a due, or fee.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further 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 Number SR-BOX-2020-22 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-BOX-2020-22. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be

available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
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. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BOX-
2020-22, and should be submitted on or before July 28, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-14492 Filed 7-6-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 26, 2009 (Volume 74, Number 164)]
[Notices]
[Page 43216]
[DOCID:fr26au09-143]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration (FAA)

Notice of Opportunity for Public Comment on Surplus Property
Release at Brunswick-Golden Isles Airport, Brunswick, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: Under the provisions of Title 49, U.S.C. Section 47153(c),
notice is being given that the FAA is considering a request from the
Glynn County Airport Commission to waive the requirement that a 1.5-
acre parcel of surplus property, located on Glynn County airport owned
and operated land adjacent to, but not contigous with, Brunswick-Golden
Isles Airport, be used for aeronautical purposes.

DATES: Comments must be received on or before September 25, 2009.

ADDRESSES: Comments on this notice may be mailed or delivered in
triplicate to the FAA at the following address: Atlanta Airports
District Office, Attn: Aimee A. McCormick, Program Manager, 1701
Columbia Ave., Suite 2-260, Atlanta, GA 30337-2747.

    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Steve Brian, Airport Director of Brunswick--
Golden Isles Airport at the following address: 295 Aviation Parkway,
Ste. 205, Brunswick, GA 31525.

FOR FURTHER INFORMATION CONTACT: Aimee McCormick, Program Manager,
Atlanta Airports District Office, 1701 Columbia Ave., Suite 2-260,
Atlanta, GA 30337-2747,<PHONE_NUMBER>. The application may be reviewed
in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA is reviewing a request by the Glynn
County Airport Commission to release 1.5 acres of surplus property at
the Brunswick-Golden Isles Airport. The property will be purchased with
intent to construct commercial development or possible residential
development. The location of the the land relative to existing or
anticipated aircraft noise contours greater than 65ldn are not an
issue. The net proceeds from the sale of this property will be used for
airport purposes.
    The proposed use of this property is compatible with airport
operations.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the request,
notice and other documents germane to the request in person at the
Brunswick Golden Isles Airport.

    Issued in Atlanta, Georgia, on August 10, 2009.
Scott L. Seritt,
Manager, Atlanta Airports District Office, Southern Region.
[FR Doc. E9-20319 Filed 8-25-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46884-46885]
[FR Doc No: 2017-21513]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0084]

Petition for Waiver of Compliance

    Under part 211 of title 49 of the Code of Federal Regulations
(CFR), this provides the public notice that on August 21, 2017, the
Norfolk Southern Corporation (NS) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations in 49 CFR part 214. FRA
assigned the petition docket number FRA-2017-0084.
    NS requests a waiver of compliance from Sec.  214.336(c) as it
pertains to procedures for adjacent controlled track movements at 25
miles per hour (mph) or less. NS indicates this request is specific to
a unique working group, the R-3 Dual Rail Gang (R-3 Gang). This group
is a system-level production gang comprised of 78 employees and 40
roadway maintenance machines with the capability to remove both rails
while simultaneously installing both new rails. NS states no other
railroad has a work group that operates in this manner to replace both
rails; the relief requested in the waiver would apply only to this
specific work group.
    NS is seeking a waiver from using the gauge position of the rail as
the point for the plane that is not to be broken on the occupied track.
Instead, NS seeks to use the removed rails of the occupied track as an
envelope for on-ground work performed exclusively between these rails
for the employees working in the R-3 Gang. NS asserts the work can be
performed safely within the context of the R-3 Gang's work. As
described by NS in its petition, during dual rail replacement, both
rails are simultaneously removed from the track structure and
positioned on the ballast against the outside of the crossties on the
occupied track. In this position, the removed rail is nearly 16.75
inches closer to the adjacent controlled track than its normal gage
position on the crosstie. Once the rails are removed from their normal
position on the crosstie, an adzing machine is used to remove any tie
cutting from the crosstie. At this point in the process, there is not a
clearly defined outside limit with respect to ``the on-ground work
performed exclusively between the rails.'' NS states that the removed
rail lying on the ballast against the end of the crosstie provides a
clear line of demarcation that is easily identifiable to its employees.
    NS is also seeking a waiver from the requirement that on-ground
work be performed exclusively between the rails (i.e., not breaking the
plane of the rails) of the occupied track. Based on this request, NS
seeks a waiver from compliance to allow up to four on-ground R-3 Gang
employees (when working with one adjacent controlled track) and up to
eight on-ground R-3 Gang employees (when working with two adjacent
controlled tracks) to break the plane of the outside rail to perform
minor work. NS indicates the employees would be limited in their duties
for breaking the plane of the outside rail to only move tie plates with
non-powered hand tools from the ballast to its positon on top of the
crossties. This minor work could be completed with the employees'
center of gravity positioned within the newly defined outside rails.
    A copy of the petition, as well as any other written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave. SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by November 20, 2017 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://

www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2017-21513 Filed 10-5-17; 8:45 am]
 BILLING CODE 4910-06-P