The National Emissions Inventory
The National Emissions Inventory (NEI) is a comprehensive and detailed estimate of air emissions of both Criteria and Hazardous air pollutants from all air emissions sources. The NEI is prepared every three years by the USEPA based primarily upon emission estimates and emission model inputs provided by State, Local, and Tribal air agencies for sources in their jurisdictions, and supplemented by data developed by the USEPA. The 2008 NEI was built from emissions data in the Emissions Inventory System (EIS).
                         Version History: (For a detailed list of caveats and changes from version one, please see the Version 1.5 issues file.
   *                           Version 1.5 (released May 16, 2011): Key updates are to include the nonpoint data and major updates to point sources in Indiana, Maryland, Nebraska, and Lincoln/Lancaster air agencies.
   *                           Version 1 (released April 4, 2011)
Detailed documentation for each of the five data categories Point, NonPoint, OnRoad, NonRoad, and Event are available below.

2008 National Emissions Inventory Data
NEI Browser. Note that a public NEI Browser is available that currently retrieves NEI data for only the Criteria air pollutants.
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Sector Summaries - Criteria and Hazardous Air Pollutants by 59 emission sectors
*To use the multiple selection boxes hold CTRL and click on options you would like to include in your query. To select multiples in order click your first option then hold SHIFT + click the last selection to highlight everything in between. To unselect options use the same method as with selecting.
*Sector selections are limited to 12 states to avoid any timeout issues.
This site uses pop-up windows, click here for help on allowing pop-ups from this site

State / County
                            Geographic Aggregation
                                 State County

                                  Pollutant
                                    Sector

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Tier 1 Summaries - Criteria Air Pollutants only by 13 majors tiers
                                State / County
                            Geographic Aggregation
                                 State County

                                  Pollutant
                               Tier 1 Category

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The full detail data files for the Point, Onroad and Nonroad data categories and a Facility-level by Pollutant summary file can be downloaded from the following drop-down menu. A README file is available here.

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Additional Summary Data
   *        Tribal Lands Emissions Summaries
         o              Sector (Includes both criteria and hazardous air pollutants)
         o              Tier 1 (Includes criteria pollutants only)
   *        Facility Emissions Summaries
         o              Lead (Pb) by facility by data source emissions summary
         o              Lead (Pb) Version 1.5 by facility by data source emissions summary
         o              Sulfur Dioxide (SO2) by facility by data source emissions summary
         o              Sulfur Dioxide (SO2) Version 1.5 by facility by data source emissions summary

2008 National Emissions Inventory Documentation
The 2008 NEI is based primarily upon emission estimates and emission model inputs provided by State, Local, and Tribal air agencies (S/L/Ts), supplemented by data developed by the USEPA. In general, the USEPA used State, Local, or Tribal air agency data whenever it was reported and was not flagged as an obvious outlier. A summary of the data submitted by each S/L/T for version 1.5 is provided here.
USEPA datasets were developed and used to fill gaps where pollutants or entire source types were not reported by S/L/Ts. The main gap-filling by USEPA datasets were for certain NonPoint emissions sectors that could be estimated adequately by USEPA using nationally-available data; for Point sources for some hazardous air pollutants where not reported by S/L/Ts; for OnRoad and NonRoad sources where emission model inputs were available to USEPA; and for Aircraft, Locomotive, and Commercial Marine Vessel sources. The dataset selection order that was used for each of the four data categories included in version 1.5 (Point, NonPoint, OnRoad, and NonRoad) is available here.
In addition to the above-described USEPA developed datasets, the USEPA also created and used three types of datasets based upon the 2008 data submitted by S/L/Ts. The first dataset type was used to split S/L/T reported emissions of total chromium into the Chromium III and Chromium VI valences that are preferred. Any S/L/T reported values for Chromium III and Chromium VI were used. The second dataset type was used to gap-fill the various Particulate Matter size ranges and filterable or condensable components when not all were reported by the S/L/Ts. In a small number of cases this dataset has values to be used in lieu of S/L/T values where the S/L/T values were internally inconsistent, such as where a PM2.5 value was greater than a PM10 value. The third type of dataset are the USEPA Overwrite datasets, which are used to select EPA emissions values (usually zeros) over individual S/L/T values which have been flagged as obvious outliers or are for pollutants and SCC combinations that are inconsistent with EPA's expectations. At this time the inconsistent pollutant-SCC combinations overwrites are limited to the OnRoad and NonRoad data categories, where emission models are used to develop emission estimates.
Description of NEI Data Categories
The NEI Point data category contains emissions estimates for sources that are individually inventoried and usually located at a fixed, stationary location, although portable sources such as some asphalt or rock crushing operations are also included. Point sources include large industrial facilities and electric power plants, but also increasingly include many smaller industrial and commercial facilities, such as dry cleaners and gas stations, which had traditionally been included in Nonpoint sources. The choice of whether these smaller sources are estimated individually and included as point sources or inventoried as a NonPoint source County or Tribal area aggregate is determined by the separate State, Local, or Tribal air agency.
The NEI NonPoint data category contains emissions estimates for sources which individually are too small in magnitude or too numerous to inventory as individual point sources, and which can often be estimated more accurately as a single aggregate source for a County or Tribal area. Examples are residential heating and consumer solvent use.
The NEI OnRoad and NonRoad data categories contain mobile sources which are estimated for version 1.5 of the 2008 NEI via the MOBILE6 and NONROAD models, respectively, run within the National Mobile Inventory Model (NMIM). Note that emissions data for aircraft, locomotives, and commercial marine vessels is NOT included in the NonRoad data category starting with the 2008 NEI. Aircraft engine emissions occurring during Landing and Takeoff operations and the Ground Support Equipment and Auxiliary Power Units associated with the aircraft are now included in the point data category at individual airports in the 2008 NEI. Emissions from locomotives that occur at rail yards are also included in the point data category. In-flight aircraft emissions, locomotive emissions outside of the rail yards, and commercial marine vessel emissions (both underway and port emissions) are included in the NonPoint data category.
The Events data category includes wildfires and prescribed burns. This data category is not included in version 1.5 of the 2008 NEI.


[Federal Register: May 18, 2010 (Volume 75, Number 95)]
[Notices]
[Page 27848-27850]
[DOCID:fr18my10-135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62082; File No. SR-NYSE-2010-34]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Exchange Price List

May 11, 2010.
    Pursuant to Section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on April 30, 2010, New York Stock Exchange LLC (the ``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II and III below, which Items have been prepared by the Exchange.\4\
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a et seq.
    \3\ 17 CFR 240.19b-4.
    \4\ See Email from John Carey, Chief Counsel, U.S. Equities,
NYSE Euronext, to David Liu, Assistant Director, Nathan Saunders,
Special Counsel, and Daniel Gien, Attorney, Division of Trading and
Markets, Commission, dated May 6, 2010 (clarifying the language of
note 6 below and making other minor technical changes to conform the
description of the changes to the text of the proposed rule text).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend certain of the fees and credits set
forth in its 2010 Price List. The amended pricing will take effect on
May 1, 2010.

The text of the proposed rule change is available on the Exchange's Web
site (http://www.nyse.com), on the Commission's Web site at http://
www.sec.gov, at the Exchange's Office of the Secretary, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The NYSE 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 make the following changes to its 2010
Price List with effect from May 1, 2010:
     The rebate paid for executions in which the customer adds
liquidity to the Exchange will increase from $0.0010 to $0.0013 per
share.
     The rebate paid for executions of orders sent to the floor
broker for representation on the NYSE when adding liquidity to the
Exchange will increase from $0.0012 to $0.0015 per share.
     The equity per share charge when taking liquidity from the
Exchange will increase from $0.0018 to $0.0021 per share.
     The equity per share charge (charged to both sides) for
all odd lot transactions (including odd lot portions of partial round
lots) will increase from $0.0018 to $0.0021 per share. A parallel
change will be made to the odd lot transaction charges for securities
with a per share trading price less than $1.00, which will now be
subject to a fee equal to the lesser of (i) 0.3% of the transaction
value or (ii) $0.0021 per share.
     Currently, the Exchange charges $0.0006 per share for all
market at-the-close (``MOC'') and limit at-the-close (``LOC'') orders
for all executions of orders from any member organization executing an
average daily trading volume (``ADV'') on the NYSE in that month of at
least 130 million shares, including (i) adding liquidity in an ADV of
at least 30 million shares and (ii) an ADV of at least 15 million
shares total in MOC and LOC orders. The Exchange is eliminating this
separate pricing tier and will now charge $0.0007 per share for all MOC
and LOC transactions, which is the price currently charged for all such
transactions that do not qualify for the $0.0006 per share tier
described in the previous sentence. A parallel change will be made to
the transaction charges for MOC and LOC orders in securities with a per
share stock price less than $1.00. All such transactions will now be
subject to a fee equal to the lesser of (i) 0.3% of the transaction
value or (ii) $0.0007 per share.
     Currently, the Exchange charges $0.0017 per share for
executions of orders from any member organization executing an average
daily trading volume (``ADV'') on the NYSE in that month of at least
130 million shares, including (i) adding liquidity in an ADV of at
least 30 million shares and (ii) an ADV of at least 15 million shares
total in MOC and LOC orders. The Exchange is eliminating this separate
pricing tier and will now charge the regular transaction fee for these
transactions that applies to executions taking liquidity from the
Exchange. Therefore, all transactions taking liquidity from the NYSE in
securities with a per share stock price of $1.00 or more will be
subject to a fee of $0.0021 per share and all such transactions in
securities with a per share stock price less than $1.00 will be subject
to a fee equal to the lesser of (i) 0.3% of the transaction value or
(ii) $0.0021 per share.\5\
---------------------------------------------------------------------------

    \5\ Some superfluous language is also removed from this entry in
the Price List and the same language is removed from the entry
specifying the fee paid by DMMs when taking liquidity.
---------------------------------------------------------------------------

     The equity per share charge for designated market makers
(``DMMs'') for transactions taking liquidity from the NYSE will be
increased from $0.0010 per share to $0.0013 per share.
     The Exchange is modifying its schedule of liquidity
rebates for supplemental liquidity providers (``SLPs'').\6\ SLPs will
receive a credit of $0.0020 per share when they add liquidity to the
NYSE in securities with a per share price of $1.00 or more, and the SLP
(i) meets the 3% average or more quoting requirement in an assigned
security pursuant to Rule 107B (the ``Quoting Requirement'') and (ii)
adds liquidity of an ADV of more than 10 million shares in the
applicable month. For all other transactions adding liquidity to the
NYSE, SLPs will receive a rebate of $0.0013 per share.
---------------------------------------------------------------------------

    \6\ The Exchange currently has a three tier structure of rebates
paid only to SLPs when the SLP provides liquidity to the NYSE and
meets the requirements to benefit for the specific tier. The highest
tier pays a credit of $0.0017 per share to SLPs when they add
liquidity to the NYSE in securities with a per share price of $1.00
or more, and the SLP (i) meets the Quoting Requirement and (ii) adds
liquidity of an ADV of more than 250 million shares in the
applicable month. The second-highest tier pays a credit of $0.0016
per share to SLPs and applies to SLPs when they add liquidity to the
NYSE in securities with a per share price of $1.00 or more, and the
SLP (i) meets the Quoting Requirement and (ii) adds liquidity of an
ADV of more than 100 million shares in the applicable month. The
third-highest tier pays a credit of $0.0015 per share to SLPs and
applies to SLPs when they add liquidity to the NYSE in securities
with a per share price of $1.00 or more, and the SLP (i) meets the
Quoting Requirement and (ii) adds liquidity of an ADV of more than
10 million shares in the applicable month. SLPs adding liquidity in
securities with a per share price of $1.00 or more, if the SLP does
not qualify for any of the foregoing rebates, receive the same
rebates as other market participants.
---------------------------------------------------------------------------

     SLPs currently receive a rebate of $0.0005 per share for
executions of securities with a per share price of $1.00 or more at the
close. This rebate will no longer be paid, although these transactions
will continue to be free of charge.
     The Exchange is instituting a new $0.0001 per share fee
for executions in Crossing Session II. This fee will be subject to a
$50,000 per month cap per member organization.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 \7\ of the Act in general and furthers
the objectives of Section 6(b)(4)\8\ in particular, in that it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities. The Exchange believes that the proposal does not constitute
an inequitable allocation of dues, fees and other charges, as all
similarly situated member organizations will be charged the same
schedule of fees and be entitled to receive the same rebates.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 that is not necessary or appropriate
in furtherance of the purpose of the Act.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and Rule 19b-4(f)(2) \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 e-mail to rule-comments@ Please include File Number
SR-NYSE-2010-34 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2010-34. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File number SR-NYSE-2010-34 and should be
submitted on or before June 8, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-11809 Filed 5-17-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66324-66325]
[FR Doc No: 2021-25430]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0412]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0033

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0033,
Display of Fire Control Plans for Vessels; without change.
    Our ICR describes the information we seek to collect from the
public. Review and comments by OIRA ensure we only impose paperwork
burdens commensurate with our performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
December 22, 2021.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2021-0412]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-6P), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S.
COAST GUARD, 2703 MARTIN LUTHER KING JR. AVE. SE, STOP 7710,
WASHINGTON, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the

Collection; (3) ways to enhance the quality, utility, and clarity of
information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology. These
comments will help OIRA determine whether to approve the ICR referred
to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2021-0412], and must be received by December 22,
2021.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0033.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (86 FR 46861, August 20, 2021)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Display of Fire Control Plans for Vessels.
    OMB Control Number: 1625-0033.
    Summary: This information collection is for the posting or display
of specific plans on certain categories of commercial vessels. The
availability of these plans aid firefighters and damage control efforts
in response to emergencies.
    Need: Under 46 U.S. Code 3305 and 3306, the Coast Guard is
responsible for ensuring the safety of inspected vessels and has
promulgated regulations in 46 CFR parts 35, 78, 97, 109, 131, 169, and
196 to ensure that safety standards are met.
    Forms: None.
    Respondents: Owners or operators of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden remains 472 hours a
year.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: November 17, 2021.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2021-25430 Filed 11-19-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Page 38253]
[FR Doc No: 2022-13601]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-0553; Summary Notice No. 2022-28]

Petition for Exemption; Summary of Petition Received; Trans
Executive Airlines of Hawaii d/b/a Transair Express

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion nor omission of information in the
summary is intended to affect the legal status of the petition or its
final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before July 18, 2022.

ADDRESSES: Send comments identified by docket number FAA-2022-0553
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: 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 http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andrew Thai at<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Timothy R. Adams,
Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2022-0553.
    Petitioner: Trans Executive Airlines of Hawaii d/b/a Transair
Express.
    Section(s) of 14 CFR Affected: Sec.  60.17.
    Description of Relief Sought: Transair Express and several other
operators continue to operate the SD3-60 aircraft, but there is only
one remaining SD3-60 flight simulator in operation. Once withdrawn from
operation, and without a suitable FAA-certified simulator available,
FAA-certified SD3-60 operators would be forced to conduct required
flight crew training onboard aircraft during flights. This situation
would negatively impact aviation safety, increase public risk, and
ultimately degrade readiness for U.S. and allied military customers.
Transair Express therefore seeks an exemption from certain requirements
of 14 CFR part 60 to enable the continuing qualification of the SD3-60
flight simulator and an extension of the time period allowed to
requalify the simulator to March 31, 2023. The grant of this exemption
will allow Transair Express and other SD3-60 operators to continue to
provide training for their flight crews and provide access to training
to other FAA-certified Shorts SD3-60 operators.

[FR Doc. 2022-13601 Filed 6-24-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7378-7379]
[FR Doc No: 2021-01870]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1123-006.
    Applicants: Union Electric Company.
    Description: Notice of Change in Status of Union Electric Company.
    Filed Date: 1/21/21.
    Accession Number: 20210121-5319.
    Comments Due: 5 p.m. ET 2/11/21.

    Docket Numbers: ER19-1959-004.
    Applicants: Avista Corporation.
    Description: Compliance filing: Avista Corp 845/845A Conformed
Version LGIP to be effective 1/25/2021.
    Filed Date: 1/22/21.
    Accession Number: 20210122-5049.
    Comments Due: 5 p.m. ET 2/12/21.

    Docket Numbers: ER20-1839-002.
    Applicants: VETCO.
    Description: Compliance filing: Amended Order No. 864 Compliance
Filing to be effective 3/26/2020.
    Filed Date: 1/22/21.
    Accession Number: 20210122-5058.
    Comments Due: 5 p.m. ET 2/12/21.

    Docket Numbers: ER20-1992-001.
    Applicants: Public Service Company of New Mexico.
    Description: Compliance filing: PNM Response to December 22, 2020
Deficiency Letter to be effective 1/27/2020.
    Filed Date: 1/21/21.
    Accession Number: 20210121-5300.
    Comments Due: 5 p.m. ET 2/11/21.

    Docket Numbers: ER21-926-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2021-01-21 CCSF First
Amendment to Second Amended ROA to be effective 3/23/2021.
    Filed Date: 1/21/21.
    Accession Number: 20210121-5267.
    Comments Due: 5 p.m. ET 2/11/21.

    Docket Numbers: ER21-927-000.
    Applicants: Cleveland-Cliffs Steel LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Succession filing
to be effective 1/22/2021.
    Filed Date: 1/21/21.
    Accession Number: 20210121-5269.
    Comments Due: 5 p.m. ET 2/11/21.

    Docket Numbers: ER21-928-000.
    Applicants: Cleveland-Cliffs Cleveland Works LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Succession filing
to be effective 12/23/2020.
    Filed Date: 1/21/21.
    Accession Number: 20210121-5271.
    Comments Due: 5 p.m. ET 2/11/21.

    Docket Numbers: ER21-929-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, SA No.
4608; Queue No. AE2-155 (amend) to be effective 4/30/2020.
    Filed Date: 1/21/21.

    Accession Number: 20210121-5290.
    Comments Due: 5 p.m. ET 2/11/21.

    Docket Numbers: ER21-930-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ATSI submits ECSAs, SA Nos.
5913, 5914, and 5915 to be effective 3/24/2021.
    Filed Date: 1/22/21.
    Accession Number: 20210122-5034.
    Comments Due: 5 p.m. ET 2/12/21.

    Docket Numbers: ER21-931-000.
    Applicants: NorthWestern Corporation.
    Description: Sec.  205(d) Rate Filing: SA 905--Agreement to Provide
Services with GCC Three Forks LLC to be effective 1/25/2021.
    Filed Date: 1/22/21.
    Accession Number: 20210122-5072.
    Comments Due: 5 p.m. ET 2/12/21.

    Docket Numbers: ER21-932-000.
    Applicants: Louisville Gas & Electric Company.
    Description: Notice of Termination of a Transmission Lease
Agreement of Louisville Gas and Electric Company.
    Filed Date: 1/22/21.
    Accession Number: 20210122-5079.
    Comments Due: 5 p.m. ET 2/12/21.

    Docket Numbers: ER21-933-000.
    Applicants: Peetz Table Wind Energy, LLC.
    Description: Tariff Cancellation: Peetz Table Wind Energy, LLC
Cancellation of MBR Tariff to be effective 1/23/2021.
    Filed Date: 1/22/21.
    Accession Number: 20210122-5119.
    Comments Due: 5 p.m. ET 2/12/21.

    Docket Numbers: ER21-934-000.
    Applicants: Northern Colorado Wind Energy, LLC.
    Description: Tariff Cancellation: Northern Colorado Wind Energy,
LLC Cancellation of MBR Tariff to be effective 1/23/2021.
    Filed Date: 1/22/21.
    Accession Number: 20210122-5121.
    Comments Due: 5 p.m. ET 2/12/21.

    Docket Numbers: ER21-935-000.
    Applicants: Crowned Ridge Interconnection, LLC.
    Description: Tariff Cancellation: Crowned Ridge Interconnection,
LLC, to be effective 1/23/2021.
    Filed Date: 1/22/21.
    Accession Number: 20210122-5126.
    Comments Due: 5 p.m. ET 2/12/21.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH21-7-000.
    Applicants: BlackRock, Inc.
    Description: BlackRock, Inc. submits FERC-65-A Notice of Change in
Fact to Exemption Notification.
    Filed Date: 1/21/21.
    Accession Number: 20210121-5318.
    Comments Due: 5 p.m. ET 2/11/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at:
    http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: January 22, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-01870 Filed 1-27-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 6999-7001]
[FR Doc No: 2020-02340]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0327; FMCSA-2016-0003; FMCSA-2017-0057]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 14
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: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below. Comments must be received on or before March 9, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0327, Docket No. FMCSA-
2016-0003, or Docket No. FMCSA-2017-0057 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2015-0327 or http://www.regulations.gov/docket?D=FMCSA-2016-0003 or http://www.regulations.gov/docket?D=FMCSA-2017-0057. Follow the online
instructions for submitting comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2015-0327, FMCSA-2016-0003, or FMCSA-2017-
0057), indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2015-0327 or http://www.regulations.gov/docket?D=FMCSA-2016-0003 or http://www.regulations.gov/docket?D=FMCSA-2017-0057. Click
on the ``Comment Now!'' button and type your comment into the text box
on the following screen. Choose whether you are submitting your comment
as an individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. 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-2015-0327 or http://www.regulations.gov/docket?D=FMCSA-2016-0003 or http://www.regulations.gov/docket?D=FMCSA-2017-0057 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.

C. 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.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 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).
    The 14 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 14
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 14 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    As of February 24, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), Yoel Perez (FL) has satisfied the renewal conditions for
obtaining an exemption from the hearing requirement in the FMCSRs for
interstate CMV drivers.
    This driver was included in docket number FMCSA-2015-0327. The
exemption is applicable as of February 24, 2020, and will expire on
February 24, 2022.
    As of February 19, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Wyatt Baldwin (NV)
Marion Bennett, Jr. (MD)
Richard Davis (OH)
Adam Hayes (CA)
Michael Lidster (IL)
Adrian Lopez (TX)
Michael Quinonez (NM)
Khon Saysanam (TX)
Jeffrey Schulkers (KY)
Jason Thomas (TX)
Roderick Thomas (GA)
Joshua Tinley (AZ)
Kerri Wright (OK)

    The drivers were included in docket number FMCSA-2016-0003 or
FMCSA-2017-0057. Their exemptions are applicable as of February 19,
2020, and will expire on February 19, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(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 before it was 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).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 14 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for two years
unless revoked earlier by FMCSA.

    Issued on: January 30, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-02340 Filed 2-5-20; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70258-70259]
[FR Doc No: 2014-27840]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73642; File No. SR-FICC-2014-08]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify That Federal Reserve Banks, Central Counterparties, and Central
Securities Depositories Shall Not Be Considered Either ``Mandatory
Purchaser Participants'' or ``Voluntary Purchaser Participants'' and
Registered Investment Companies Shall Be Considered ``Voluntary
Purchaser Participants''

November 19, 2014.
    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 November 12, 2014, Fixed Income Clearing Corporation (``FICC'')
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 FICC. FICC filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(1)
thereunder.\4\ The proposed rule change was effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of amendments to Rule 49 of the
Rulebook of the Government Securities Division (``GSD'' and its
Rulebook, ``GSD Rules'') of FICC, and Rule 39 of the Clearing Rules of
the Mortgage-Backed Securities Division (``MBSD'' and its Clearing
Rules, ``MBSD Rules'') of FICC in order to clarify that Federal Reserve
Banks, central counterparties, and central securities depositories
shall not be considered either ``Mandatory Purchaser Participants'' or
``Voluntary Purchaser Participants,'' and further to clarify that
Registered Investment Companies shall be considered ``Voluntary
Purchaser Participants,'' as more fully described below.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, FICC 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. FICC has prepared summaries, set forth in sections A, B
and C below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    Pursuant to the Third Amended and Restated Shareholders Agreement,
dated as of December 7, 2005 (``Shareholders Agreement''), by and among
The Depository Trust & Clearing Corporation (``DTCC''), The Depository
Trust Company (``DTC''), National Securities Clearing Corporation
(``NSCC''), FICC, and the other parties thereto, and MBSD Rule 39,
Clearing Members (as such term is defined in the MBSD Rules \5\) other
than non-U.S. based central securities depositories are required to be
``Mandatory Purchaser Participants'' (as such term is defined in MBSD
Rule 39) and be parties to the Shareholders Agreement, and all other
users are not permitted to purchase and own shares of DTCC common stock
(``Common Shares'') or be parties to the Shareholders Agreement.
Further, pursuant to the Shareholders Agreement and GSD Rule 49: (1)
Netting Members (as such term is defined in the GSD Rules \6\) other
than non-U.S. based central securities depositories are required to be
``Mandatory Purchaser Participants'' (as such term is defined in the
GSD Rules) and be parties to the Shareholders Agreement; (2)
Comparison-Only Members (as such term is defined in the GSD Rules) are
permitted, but not required to purchase and own Common Shares and be
parties to the Shareholders Agreement; and (3)

Sponsored Members (as such term is defined in the GSD Rules) are not
permitted to purchase and own Common Shares or be parties to the
Shareholders Agreement.
---------------------------------------------------------------------------

    \5\ MBSD Rules are available at http://dtcc.com/legal/rules-and-procedures.aspx.
    \6\ GSD Rules are available at http://dtcc.com/legal/rules-and-procedures.aspx.
---------------------------------------------------------------------------

    FICC is proposing to amend MBSD Rule 39 and GSD Rule 49, as marked
on Exhibit 5 hereto, in order to make clear Federal Reserve Banks,
central counterparties, and central securities depositories shall not
be considered either Mandatory Purchaser Participants or Voluntary
Purchaser Participants. FICC has interpreted MBSD Rule 39 and GSD Rule
49 to exclude from their provisions: (1) Federal Reserve Banks, because
it was never intended that such governmental authorities should be
required to own shares in DTCC, notwithstanding that they may use
certain services of FICC; and (2) central counterparties and central
securities depositories, because link arrangements between FICC and
these entities are for the purpose of extending clearing agency
services across borders or among closely related activities and
products, but not for ownership purposes.
    FICC is also proposing to amend MBSD Rule 39 and GSD Rule 49 in
order to make clear Registered Investment Companies (as such term is
defined in the MBSD Rules and the GSD Rules) (``RICs'') in any
membership category shall be considered Voluntary Purchaser
Participants. As Voluntary Purchaser Participants, RICs would be
permitted, but not required, to purchase and own Common Shares and be
parties to the Shareholders Agreement. Regulatory requirements
applicable to RICs, including limitations on the amount of illiquid
securities these entities are permitted to hold on an on-going basis
and requirements that stock purchases receive shareholder approval,
significantly restrict the ability of RICs to participate in a
mandatory stock purchase. These restrictions are unique to RICs. FICC
would consider the applicability of the requirements in MBSD Rule 39
and GSD Rule 49 to any new members, as necessary.
2. Statutory Basis
    The proposed rule change is consistent with the Act, and the rules
and regulations thereunder, in particular Section 17A(b)(3)(C) which
requires that the rules of FICC ``assure a fair representation of its
shareholders (or members) and participants in the selection of its
directors and administration of its affairs . . . [and the Commission]
may determine that the representation of participants is fair if they
are afforded a reasonable opportunity to acquire voting stock of the
clearing agency, directly or indirectly, in reasonable proportion to
their use of such clearing agency.'' \7\ FICC implements and meets this
requirement through MBSD Rule 39 and GSD Rule 49, which afford MBSD and
GSD users a reasonable opportunity to acquire voting stock indirectly
in the clearing agency in reasonable proportion to their use of the
clearing agency.\8\ The proposed rule change constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of these existing rules.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1(b)(3)(C).
    \8\ See Commission orders approving NSCC and DTC's rule filings
which implemented the current stock ownership structure that
satisfies the fair representation requirements. Securities Exchange
Act Release No. 41800 (August 27, 1999), 64 FR 48694 (September 7,
1999) (SR-NSCC-1999-10); and Securities Exchange Act Release No.
41786 (August 24, 1999), 64 FR 47882 (September 1, 1999) (SR-DTC-
1999-17).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    The proposed rule change will not have any impact, or impose any
burden, on competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    Written comments relating to the proposed rule change have not yet
been solicited or received. FICC will notify the Commission of any
written comments received by FICC.

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) \9\ of the Act and paragraph (f) of Rule 19b-4 \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FICC-2014-08 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-FICC-2014-08. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of FICC and on
FICC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-FICC-2014-08 and should be
submitted on or before December 16, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27840 Filed 11-24-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Pages 63411-63413]
[FR Doc No: 2012-25372]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0282]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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

SUMMARY: FMCSA announces receipt of applications from 14 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before November 15, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0282 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 14 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by the
statutes.

Qualifications of Applicants

Darrell G. Brave

    Mr. Brave, age 61, has had ITDM since 2006. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brave understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brave meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class C operator's license from Washington.

Joseph A. Capille

    Mr. Capille, 56, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no

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

Robert E. Carroll

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

Ronald J. Coleman

    Mr. Coleman, 47, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Coleman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Coleman meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from New Jersey.

Thomas L. Gilmore

    Mr. Gilmore, 63, has had ITDM since 1969. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gilmore understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gilmore meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable proliferative
diabetic retinopathy. He holds a Class D operator's license from Iowa.

David J. Heppelmann

    Mr. Heppelmann, 52, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Heppelmann understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Heppelmann meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class D operator's license from Minnesota.

Dennis R. Johnson

    Mr. Johnson, 58, has had ITDM since 2009. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Johnson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnson meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from Tennessee.

Steve M. Knezevich

    Mr. Knezevich, 43, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Knezevich understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Knezevich meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class C Chauffer's license from Michigan.

Phillip J. Kunkel

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

Joseph M. Polkowski, Sr.

    Mr. Polkowski, 59, has had ITDM since 2007. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Polkowski understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Polkowski meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have

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

John F. Robinson

    Mr. Robinson, 51, has had ITDM since 2006. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Robinson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Robinson meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class B CDL from South Carolina.

Cody R. Sheehan

    Mr. Sheehan, 21, has had ITDM since 2001. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Sheehan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sheehan meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class D operator's license from Massachusetts.

Michael D. Suchecki

    Mr. Suchecki, 38, has had ITDM since 2005. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Suchecki understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Suchecki meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he does not have diabetic
retinopathy. He holds a Class B CDL from Illinois.

Mark A. Welch, Jr.

    Mr. Welch, 33, has had ITDM since 1992. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Welch understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Welch meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class B CDL from Pennsylvania.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

    Issued on: October 2, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-25372 Filed 10-15-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44411-44413]
[FR Doc No: 2015-18276]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75498; File No. SR-NASDAQ-2015-079]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
NOM Order Routing

July 21, 2015.
    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 July 13, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Chapter VI (Trading Systems) at
Section 11 (Order Routing), of the rules governing the NASDAQ Options
Market (``NOM'' or ``Exchange''), to clarify the manner in which a SEEK
Order will route again after an initial routing attempt to another
market center.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant 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's rules at Chapter VI, Section 11 provide for the
manner in which orders submitted to the System \3\ will route to other
market centers.\4\ The System provides two routing options pursuant to
which orders are sent to other available market centers for potential
execution, per the entering firm's instructions. The routing options
are SEEK and SRCH. Routing options may be combined with all available
order types and times-in-force, with the exception of order types and
times-in-force whose terms are inconsistent with the terms of a
particular routing option. The Exchange is seeking to clarify the
manner in which a SEEK order will route again, after it is initially
routed (``re-route'').\5\
---------------------------------------------------------------------------

    \3\ The term ``System'' is defined in NOM Rules at Chapter VI,
Section 1(a).
    \4\ Participants can designate orders as either available for
routing or not available for routing. See Chapter VI, Sec. 11(a).
    \5\ If an order is only partially routed the portion that was
not routed will be posted to the book.
---------------------------------------------------------------------------

    SEEK is a routing option pursuant to which an order will first
check the System for available contracts for execution. After checking
the System for available contracts, orders are sent to other available
market centers for potential execution, per the entering firm's
instructions. When checking the book, the System will seek to execute
at the price at which it would send the order to a destination market
center.
    SRCH is a routing option pursuant to which an order will first
check the System for available contracts for execution. After checking
the System for available contracts, orders are sent to other available
market centers for potential execution, per the entering firm's
instructions. When checking the book, the System will seek to execute
at the price at which it would send the order to a destination market
center.
    Both SEEK and SRCH eligible unexecuted orders will continue to be
routed utilizing a route timer. The SEEK or SRCH order will post to the
book and will be routed after a time period (``Route Timer'') not to
exceed one second as specified by the Exchange on its Web site provided
that the order's limit price would lock or cross other market
center(s).\6\ If, during the Route Timer, any new interest arrives
opposite the order that is equal to or better than the ABBO \7\ price,
the order will trade against such new interest at the ABBO price.
Eligible unexecuted orders will be routed at the end of the Route Timer
provided the order was not filled and the order's limit price would
continue to lock or cross the ABBO. If an order was routed with either
the SEEK or SRCH routing option, and has size after such routing, it
will execute against contra side interest in the book, post in the
book, and route again pursuant to the process described above, if
applicable, if the order's limit price would lock or cross another
market center(s).
---------------------------------------------------------------------------

    \6\ Pursuant to Section 11(c) of Chapter VI, orders sent by the
System pursuant to the SEEK and SRCH routing options to other
markets would not retain time priority with respect to other orders
in the System. If an order routed pursuant to SEEK or SRCH is
subsequently returned, in whole or in part, that order, or its
remainder, will receive a new time stamp reflecting the time of its
return to the System.
    \7\ ABBO is the away market's best bid or offer.
---------------------------------------------------------------------------

    With respect to SRCH Orders, if contracts remain un-executed after
routing, they are posted on the book. Once on the book, should the
order subsequently be locked or crossed by another market center, it
will re-route. With SEEK orders, the rule currently states, if
contracts remain un-executed after routing, they are posted on the
book. Once on the book at the limit

price, should the order subsequently be locked or crossed by another
market center, the System will not route the order to the locking or
crossing market center.
    The Exchange seeks to amend the rule text in Chapter VI, Section
11(a)(1)(A) to state, while, on the book at the limit price, should the
order subsequently be locked or crossed by another market center, the
System will not route the order to the locking or crossing market
center. The purpose of this change is to make clear that the SEEK order
will not re-route as long as that order is at the limit price. The SEEK
order may re-route, after it has initially routed, when such order
reprices.
    Example #1: By way of example, if an order is subject to Acceptable
Trade Range \8\ (``ATR'') with a price band of 0.80 and the order book
is as follows:

    \8\ The System will calculate an Acceptable Trade Range to limit
the range of prices at which an order will be allowed to execute.
The Acceptable Trade Range is calculated by taking the reference
price, plus or minus a value to be determined by the Exchange.
(i.e., the reference price - (x) for sell orders and the reference
price + (x) for buy orders). Upon receipt of a new order, the
reference price is the national best bid (NBB) for sell orders and
the national best offer (NBO) for buy orders or the last price at
which the order is posted whichever is higher for a buy order or
lower for a sell order. See NASDAQ Rules at Chapter VI, Section
10(7).
---------------------------------------------------------------------------

[cir] Order 1: Buy SEEK order 27(10)
[cir] Order 2: Sell SEEK order 31 (10)
[cir] Order 3: Sell DNR order 29 (10)
Further, if NASDAQ's BBO is 27(10) x 29(10) and the away market is
27(10) x 33 (10) with an NBBO of 27(20) x 29(10); then
    An incoming Order 4: Buy DNR 30 (100) triggers ATR and the
following takes place within the order book:
     Order 4 first executes with Order 3 at 29(10)
     ATR timer starts, with Order 4 re-priced and displayed at
29.80 (90)
     Exchange BBO becomes 29.80 (90) x 31 (10), offer 31 is
non-firm
     Assume, during ATR timer, away market moves such that new
away market is 31.10(10) x 33(10)
     After ATR processing concludes, Order 2 is repriced to be
offered at 31.10 and displayed tick away at 31.20 to avoid locking/
crossing the market
     Exchange BBO becomes 30(90) x 31.20(10)
     After route timer, Order 2 routes to away market at 31.10.
    The Exchange proposes to add the following new sentence, ``SEEK
orders will not be eligible for routing until the next time the option
series is subject to a new opening or reopening.'' The purpose of this
new sentence is to make clear that an opening and reopening will cause
an order to be eligible for routing. The SEEK order will be treated as
a new order and therefore will become subject to the routing process
anew with an opening or reopening process, provided the order locks or
crosses another market.
    Example #2: By way of example, presume a halt occurred on NOM with
the following order book:
    [ssquf] Order 1: Buy SEEK Order is on the book at its limit price,
2.00 (15).
    [ssquf] The related underlying is halted.
    [ssquf] Immediately following the halt, before NOM has re-opened
the issue, the away market quotes at 1.95 (100) x 1.99 (100).
    [ssquf] Upon re-opening the issue on NOM, the SEEK order routes at
1.99 (15). The System comes out of a halt with a new opening process
and treats all orders as if they were new orders thus the SEEK order
will re-route.
    The Exchange proposes to modify the existing sentence which states,
``[o]nce on the book at the limit price, should the order subsequently
be locked or crossed by another market center, the System will not
route the order to the locking or crossing market center'' to ``[w]hile
on the book at the limit price, should the order subsequently be locked
or crossed by another market center, the System will not route the
order to the locking or crossing market center.'' The Exchange believes
that this modification reflects more accurate rule text. The Exchange
believes that market participants are aware of the manner in which the
SEEK order operates as there has been no System change with respect to
the function of the SEEK order. The proposed language serves to make
clear that a SEEK order will not re-route while at its limit price, but
once that order is re-priced, it may route again.\9\
---------------------------------------------------------------------------

    \9\ See Example #1.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \10\ in general, and furthers the objectives of Section
6(b)(5) of the Act \11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by amending the rule text to clarify the existing rule text
and provide the circumstances when a SEEK order would be eligible to
route, such as (1) when the order is repriced, after it is posted to
the order book, at a price not at its limit price; and (2) when an
opening or reopening (after a halt) occurs such that the System views
these orders as new orders and they become subject to routing anew. The
Exchange believes that these amendments provide transparency and
specificity to the Rules and the corrected rule text protects investors
and the public interest by reducing the potential for investor
confusion.
---------------------------------------------------------------------------

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

    The Exchange believes the additional language benefits other market
participants who may not be currently familiar with the routing options
on NOM to understand the difference between the two routing options
offered by the Exchange. While the Exchange is modifying the rule text,
it notes that the System will continue to operate as it does today.
Rather, the proposed rule text seeks to bring additional clarity to the
current rule text to clarify when a SEEK order will re-route to another
market center after it has initially routed. The Exchange believes this
language corrects the current rule text and more clearly differentiates
an order routed pursuant to the SEEK routing option as compared to the
SRCH routing option.

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 proposed rule change does
not create an undue burden on competition as the proposed rule change
is not a substantive change in that the System will continue to operate
as it does today. The Exchange desires to amend the current rule text
to provide two circumstances when the SEEK order would re-route after
it has initially routed to an away market center. The Exchange believes
that this proposed rule text will clarify the current rule which states
that SEEK order will not re-route once it is on the book at the limit
price. The Exchange is seeking to provide greater transparency in its
rules. The amendments would apply to all market participants in the
same manner.

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 Exchange has filed the proposed rule change pursuant to Section

19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\17\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange states that
the proposal would apply to all market participants in the same manner
and believes that market participants would benefit from the additional
clarity the Exchange asserts the proposal would provide in regard to
the circumstances when a SEEK order is eligible to re-route. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposal provides further clarity regarding the routing
functionality of the Exchange's SEEK orders, which the Commission
believes will benefit investors and market participants who use such
orders to accomplish their trading objectives. For this reason, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-NASDAQ-2015-079 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-NASDAQ-2015-079. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2015-079 and should
be submitted on or before August 17, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18276 Filed 7-24-15; 8:45 am]
BILLING CODE 8011-01-P