[Federal Register: March 4, 2009 (Volume 74, Number 41)]
[Notices]
[Page 9456-9457]
[DOCID:fr04mr09-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59452; File No. SR-BX-2009-012]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
Fees for Members Using the NASDAQ OMX BX Equities System

February 25, 2009.
    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 February 19, 2009, NASDAQ OMX BX, Inc. (``BX'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    BX proposes to modify pricing for BX members using the NASDAQ OMX
BX Equities System. BX will implement this rule change on March 2,
2009. The text of the proposed rule change is attached as Exhibit 5 \3\
and is available at http://nasdaqomxbx.cchwallstreet.com.
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    \3\ The Commission notes that while provided in Exhibit 5 to the
filing, the text of the proposed rule change is not attached to this
notice but is available at the Commission's Public Reference Room
and at http://nasdaqomxbx.cchwallstreet.com.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, BX 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. BX 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
    BX is proposing to reduce its fee to access liquidity posted on the
BX book from $0.0022 per share executed to $0.0014 per share executed.
Since its launch on January 16, 2009, BX has begun to acquire market
share in U.S. equities trading. However, in a highly competitive
environment in which routing decisions are affected by execution costs
and the likelihood of accessing liquidity, BX believes that a fee
reduction will increase the likelihood of BX receiving orders ahead of
other venues posting the same prices, thereby encouraging further
liquidity provision through BX and enhancing its market quality through
greater depth of book.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(4) of the Act,\5\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which BX operates or controls. The proposed fee change applies
uniformly to all BX members. The impact of the changes upon the net
fees paid by a particular market participant will depend upon the order
types that it uses and the prices of its quotes and orders (i.e., its
propensity to add or remove liquidity). BX notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The proposed changes will lower the
cost of accessing liquidity through BX.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    BX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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 has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \6\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\7\ 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.
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    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
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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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-012 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-BX-2009-012. 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 inspection and
copying 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 the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2009-012 and should be submitted on or before March 25, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-4556 Filed 3-3-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Notices]
[Page 45107-45108]
[DOCID:fr02au10-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 503-048]

Idaho Power Company; Notice of Authorization for Continued
Project Operation

July 23, 2010.
    On June 26, 2008, Idaho Power Company, licensee for the Swan Falls
Hydroelectric Project, filed an Application for a New License pursuant
to the Federal Power Act (FPA) and the Commission's regulations
thereunder. The Swan Falls Hydroelectric Project is on the Snake River
in Ada and Owyhee counties of southwestern Idaho.
    The license for Project No. 503 was issued for a period ending June
30, 2010. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires
the Commission, at the expiration of a license term, to issue from year
to year an annual license to the then licensee under the terms and
conditions of the prior license until a new license is issued, or the
project is otherwise disposed of as provided in section 15 or any other
applicable section of the FPA. If the project's prior license waived
the applicability of section 15 of the FPA, then, based on section 9(b)
of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth
at 18 CFR 16.21(a), if the licensee of such project has filed an
application for a subsequent license, the licensee may continue to
operate the project in accordance with the terms and conditions of the
license after the minor or minor part license expires, until the
Commission acts on its application. If the licensee of such a project
has not filed an application for a subsequent license, then it may be
required, pursuant to 18 CFR 16.21(b), to continue project operations
until the Commission issues someone else a license for the project or
otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 503 is issued to
Idaho Power Company for a period effective July 1, 2010 through June
30, 2011, or until the issuance of a new license for the project or
other disposition under the FPA, whichever comes first. If issuance of
a new license (or other disposition) does not take place on or before
June 30, 2011, notice is hereby given that, pursuant to 18 CFR
16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise.

    If the project is not subject to section 15 of the FPA, notice is
hereby given that Idaho Power Company is authorized to continue
operation of the Swan Falls Hydroelectric Project, until such time as
the Commission acts on its application for a subsequent license.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-18843 Filed 7-30-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Proposed Rules]
[Pages 45988-45991]
[FR Doc No: 2012-18825]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[USCG-2012-0152]
RIN 1625-AA01

Anchorage Regulations; Great Chebeague Island, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish six special anchorage
areas in the vicinity of Great Chebeague Island, Maine. This proposed
action is necessary to facilitate safe navigation in that area and
provide safe and secure anchorages for vessels not more than 20 meters
in length. This action is intended to increase the safety of life and
property surrounding Great Chebeague Island, improve the safety of
anchored vessels, and provide for the overall safe and efficient flow
of vessel traffic and commerce.

DATES: Comments and related material must be received by the Coast
Guard on or before October 1, 2012. Requests for public meetings must
be received by the Coast Guard on or before August 23, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0152 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Petty Officer William Ferretti, Waterways
Management Branch, First Coast Guard District, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>or Lieutenant Isaac Slavitt,
Waterways Management Branch, First Coast Guard District, telephone 617-
223-8385, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, 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 at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2012-0152] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    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. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number [USCG-2012-0152] in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

Privacy Act

    Anyone can search the electronic form of comments received into any
of

our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But, you may submit a
request for one on or before August 23, 2012 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is: 33 U.S.C. 471, 1221
through 1236, 2030, 2035, 2071; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to define anchorage grounds.
    The rule is intended to reduce the risk of vessel collisions by
creating six special anchorage areas surrounding Great Chebeague
Island. This proposed rule would establish special anchorage areas in
the northern, southern, eastern and western portions of Great Chebeague
Island.

Discussion of Proposed Rule

    The proposed rule would create six new special anchorage areas
surrounding Great Chebeague Island, Maine. These six new special
anchorage areas surrounding Great Chebeague Island will be referred to
as Anchorages ``A'' through ``F''. The anchorages are lettered in
alphabetical order moving counter-clockwise around the island starting
at the west side of the northern tip of the island. All proposed
coordinates are North American Datum 1983 (NAD 83).
    Vessels not more than 20 meters in length are not required to sound
signals as per Rule 35 of the Inland Navigation Rules (33 U.S.C. 2035)
nor exhibit anchor lights or shapes as per Rule 30 of the Inland
Navigation Rules (33 U.S.C. 2030) when at anchor in a special anchorage
area. Additionally, mariners utilizing the anchorage areas are
encouraged to contact local and state authorities, such as the local
harbormaster, to ensure compliance with any additional applicable state
and local laws. Such laws may involve, for example, compliance with
direction from the local harbormaster when placing or using moorings
within the anchorage.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect minimal additional cost impacts on fishing or
recreational boats anchoring because this rule would not affect normal
surface navigation. Although this regulation may have some impact on
the public, the potential impact will be minimized for the following
reasons: Normal surface navigation will not be affected as this area
has been historically used as a mooring field by the Town of Chebeague
Island and the number of vessels using the anchorage is limited due to
depth (less than or equal to 18 feet).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of recreational and small fishing vessels intending to anchor
in the waters surrounding Great Chebeague Island. The proposed rule
would not have a significant economic impact on a substantial number of
small entities for the following reasons: Normal surface navigation
will not be affected as this area has been historically used as a
mooring field by the Town of Chebeague Island and the number of vessels
using the anchorage is limited due to depth (less than or equal to 18
feet).
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Chief Petty Officer Robert
Lubicz-Nawrocki, Waterways Management Branch, First Coast Guard
District; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of

their discretionary regulatory actions. In particular, the Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or more in any one year. Though
this proposed rule would not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. We believe the proposed rule would be
categorically excluded, under figure 2-1, paragraph (34)(f) of the
Instruction because it involves the establishment of special anchorage
grounds. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule. A preliminary environmental analysis checklist is available in
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as
follows:

    Authority:  33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

    2. Add Sec.  110.3 to subpart A to read as follows:

Sec.  110.3  Great Chebeague Island, Maine.

    (a) Anchorage ``A''. All of the waters enclosed by a line beginning
at latitude 43[deg]45'25.7'' N, longitude 070[deg]06'00.0'' W; thence
to latitude 43[deg]45'32.5'' N, longitude 070[deg]06'06.7'' W; thence
to latitude 43[deg]45'19.4'' N, longitude 070[deg]06'35.5'' W; thence
to latitude 43[deg]45'6.2'' N, longitude 70[deg]06'23.1'' W; thence to
the point of beginning. This area is approximately 5,500 sq. yards,
encompassing the northwestern coast of Great Chebeague Island.
    (b) Anchorage ``B''. All of the waters enclosed by a line beginning
at latitude 43[deg]45'01.1'' N, longitude 070[deg]06'26.1'' W; thence
to latitude 43[deg]45'17.0'' N, longitude 070[deg]06'41.0'' W; thence
to latitude 43[deg]45'10.9'' N, longitude 070[deg]07'01.4'' W; thence
to latitude 43[deg]44'59.7'' N, longitude 070[deg]06'52.0'' W; thence
to the point of beginning. This area is approximately 9,000 sq. yards,
encompassing the northwestern coast of Great Chebeague Island.
    (c) Anchorage ``C''. All of the waters enclosed by a line beginning
at latitude 43[deg]44'46.8'' N, longitude 070[deg]07'22.6'' W; thence
to latitude 43[deg]44'58.1'' N, longitude 070[deg]07'40.6'' W; thence
to latitude 43[deg]43'59.9'' N, longitude 070[deg]08'15.1'' W; thence
to latitude 43[deg]43'54.9'' N, longitude 070[deg]08'04.1'' W; thence
to the point of beginning. This area is approximately 15,500 sq. yards,
encompassing the western coast of Great Chebeague Island.
    (d) Anchorage ``D''. All of the waters enclosed by a line beginning
at latitude 43[deg]43'42.1'' N, longitude 070[deg]08'09.2'' W; thence
to latitude 43[deg]43'43.9'' N, longitude 070[deg]08'20.7'' W; thence
to latitude 43[deg]43'30.6'' N, longitude 070[deg]08'25.1'' W; thence
to latitude 43[deg]43'13.5'' N, longitude 070[deg]08'33.9'' W; thence
to latitude 43[deg]43'12.4'' N, longitude 070[deg]08'26.5'' W; thence
to the point of beginning. This area is approximately 3,000 sq. yards,
encompassing the southwestern coast of Great Chebeague Island.
    (e) Anchorage ``E''. All of the waters enclosed by a line beginning
at latitude 43[deg]43'06.8'' N, longitude 070[deg]08'05.4'' W; thence
to latitude 43[deg]42'57.1'' N, longitude 070[deg]07'41.6'' W; thence
to latitude 43[deg]43'00.5'' N, longitude 070[deg]07'37.9'' W; thence
to latitude 43[deg]42'59.8'' N, longitude 070[deg]07'31.2'' W; thence
to the point of beginning. This area is approximately 2,400 sq. yards,
encompassing the southern coast of Great Chebeague Island.
    (f) Anchorage ``F''. All of the waters enclosed by a line beginning
at latitude 43[deg]42'49.4'' N, longitude 070[deg]07'08.8''

W; thence to latitude 43[deg]42'56.7'' N, longitude 070[deg]06'49.2''
W; thence to latitude 43[deg]43'26.3'' N, longitude 070[deg]06'22.6''
W; thence to latitude 43[deg]44'15.2'' N, longitude 070[deg]06'12.9''
W; thence to latitude 43[deg]44'54.2'' N, longitude 070[deg]05'45.5''
W; thence to latitude 43[deg]45'18.0'' N, longitude 070[deg]05'39.2''
W; thence to latitude 43[deg]45'31.4'' N, longitude 070[deg]05'42.5''
W; thence to the point of beginning. This area is approximately 13,500
sq. yards, encompassing the eastern coast of Great Chebeague Island.
    (g) Regulations: This area is principally for use by recreational
craft. Temporary floats or buoys for marking anchors or moorings in
place are allowed in this area. Fixed mooring piles or stakes are not
allowed. All moorings or anchors shall be placed well within the
anchorage areas so that no portion of the hull or rigging will at any
time extend outside of the anchorage.

    Note:  All anchoring in the areas is under the supervision of
the Town of Chebeague Island Harbor Master or other such authority
as may be designated by the authorities of the Town of Chebeague
Island, Maine. All coordinates referenced use datum: NAD 83.

    Dated: July 24, 2012.
James B. McPherson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2012-18825 Filed 8-1-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Pages 42548-42552]
[FR Doc No: 2012-17597]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0243]

Privacy Act of 1974; Department of Transportation, Federal Motor
Carrier Safety Administration (FMCSA) 007 Pre-Employment Screening
Program

AGENCY: Federal Motor Carrier Safety Administration (FMCSA) Department
of Transportation (DOT).

ACTION: Notice to amend a system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation proposes to update and reissue a Department of
Transportation system of records notice titled Department of
Transportation/Federal Motor Carrier Safety Administration--007 Pre-
Employment Screening Program. The updated system of records consists of
information that is created and used by the Department's Pre-Employment
Screening program to provide commercial drivers and persons conducting
pre-employment screening services for the motor carrier industry
electronic access to driver history reports extracted from the
Department's Motor Carrier Management Information System (MCMIS).
    As a result of biennial review of this system, the Privacy Office
has made the five major modifications to the systems of records. The
category of records identified as ``Financial Transaction Records'' in
the previously published System of Records Notice for this system has
been removed as the Department does not maintain these records. The
``Access Transaction Records'' record category also has been revised to
clarify the types of information maintained about the two categories of
users permitted to request access to records for the purposes of pre-
employment screening. The routine uses have been updated to clarify
disclosure of Pre-Employment Screening Program (PSP) records to
industry service providers directly involved in the hiring of
commercial motor vehicle (CMV) drivers on behalf of motor carriers and/
or CMV drivers and the routine use concerning the sharing of CMV driver
access transaction records with Validation Authorities (e.g. Lexis-
Nexis). The system owner information has been modified to omit the
contact information for the MCMIS and Freedom of Information Act
systems of records and, instead, include only contact information for
the PSP system

of records. Additionally, this Notice includes non-substantive changes
to simplify the formatting and text of the previously published Notice.
This updated system will be included in the Department of
Transportation's inventory of record systems.

DATES: Effective August 21, 2012. Written comments should be submitted
on or before the effective date. If no comments are received, the
proposal will become effective on the above date. If comments are
received, the comments will be considered and, where adopted, the
documents will be republished with changes.

ADDRESSES: You may submit comments, identified by Docket No. FMCSA-
2012-0243 by one of the following methods:
    [squf] Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    [squf] Mail: Department of Transportation Docket Management, Room
W12-140, 1200 New Jersey Ave. SE. Washington, DC 20590.
    [squf] Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to www.regulations.gov,
including any personal information provided.
    [squf] Docket: For access to the docket to read background
documents or comments received go to www.regulations.gov. Follow the
online instructions for accessing the docket.
    [squf] Fax:<PHONE_NUMBER>. Instructions: You must include the agency
name and Docket Number FMCSA-2012-0243. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
Privacy Act notice in the Federal Register published on January 17,
2008 (73 FR 3316-3317), or you may visit www.dot.gov/privacy.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Arlene Thompson,<PHONE_NUMBER><EMAIL_ADDRESS>For privacy
issues please contact: Claire W. Barrett, Departmental Chief Privacy
Officer, Privacy Office, Department of Transportation, Washington, DC
20590<EMAIL_ADDRESS>or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
the Department of Transportation (DOT)/Federal Motor Carrier
Administration (FMCSA or Administration) proposes to update and reissue
a current DOT system of records notice titled, ``Department of
Transportation/Federal Motor Carrier Safety Administration--007 Pre-
Employment Screening Program.'' The FMCSA's primary mission is to
prevent commercial motor vehicle-related fatalities and injuries. The
FMCSA contributes to safe motor carrier operations through strong
enforcement of safety regulations; targeting high-risk carriers and
commercial motor vehicle drivers; improving safety information systems
and commercial motor vehicle technologies; strengthening commercial
motor vehicle equipment and operating standards; and increasing safety
awareness. To accomplish these activities, the FMCSA works with
Federal, State, and local enforcement agencies, the motor carrier
industry, labor safety interest groups, and others.
    This system of records is used to satisfy requirements mandated by
Congress in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users, 49 U.S.C. 31150, Public Law 109-59,
Section 4117. FMCSA believes that making this driver data available to
potential employers and operator-applicants will improve the quality of
safety data and help employers make more informed decisions when hiring
commercial drivers. The PSP is a screening tool that allows motor
carriers and individual drivers to purchase driving records from the
FMCSA MCMIS system. A record purchased through PSP contains the most
recent five years of crash data and the most recent three years of
roadside inspection data, including serious safety violations for an
individual driver. The record displays a snapshot in time, based on the
most recent MCMIS data extract loaded into the PSP system.
    This SORN makes four primary changes to the existing system of
records. It removes an existing category of records, clarifies the
information maintained in the ``Access Transaction Records,'' adds a
new routine use, and clarifies an existing routine use. The category of
records has been revised to exclude the category of ``Financial
Transaction Records'' as this information is maintained exclusively by
DOT's PSP Service Provider and these records are not considered federal
records under the stewardship of the DOT. The ``Access Transaction
Records'' record category was revised to clarify that information is
maintained on the two categories of users permitted to request access
to records for the purposes of pre-employment screening. In addition to
transactions initiated by motor carriers, the record will include
information on transactions initiated by industry service providers as
authorized by the routine use added as part of this system of records
notice. The category of records more clearly states the information
maintained on requests initiated by operator-applicant requesting his
or her own PSP record. This information establishes a record of account
access to ensure that operator-applicants only access their own
information. These changes have been made to more clearly reflect
existing FMCSA processes and do not introduce changes in actual
operations.
    The routine uses have been updated to permit disclosure of PSP
records to industry service providers directly involved in the hiring
of commercial motor vehicle (CMV) drivers on behalf of motor carriers
and/or CMV drivers. This change reflects motor carrier business models
which may include the use of industry service providers to directly
hire commercial motor vehicle drivers on behalf of motor carriers.
Additionally, the routine use concerning the sharing of CMV driver
Access Transaction Records with Validation Authorities (e.g. Lexis-
Nexis) was clarified by removing information incorrectly included in
the routine use that should be discussed in the Notice's categories of
information.
    The system owner information has been modified to include only
contact information for the PSP system of records and no longer
included information for the MCMIS and Freedom of Information Act
(FOIA) systems, which are separate and distinct system of records. The
complete system of records notices for these systems may be found at
www.dot.gov/privacy.
    FMCSA plans to introduce PSP Mobile iOS Application as an
alternative means of providing information available through the PSP
Web site to the authorized users. FMCSA does not require individuals to
register or provide any PII as a condition of downloading PSP iOS
application. Individuals downloading the PSP iOS application must
fulfill Apple's registration requirements prior to downloading the
application. Apple does not provide FMCSA any PII of individuals who
download the PSP iOS application from its site. Requesters seeking
information on CMV drivers

through the PSP iOS mobile application can only access PSP records
using the same authorization process and data elements described in
this System of Records Notice.
    This updated system will be included in DOT's inventory of record
systems.

SYSTEM NUMBER:
    DOT/FMCSA 007.

SYSTEM NAME:
    Department of Transportation Federal Motor Carrier Safety
Administration Pre-Employment Screening Program.

SECURITY CLASSIFICATION:
    Unclassified, Sensitive.

SYSTEM LOCATION:
    Records are maintained at the DOT Service Provider sites managed by
AT&T in Ashburn, VA and Allen, TX.

CATETORIES OF INDIVIDUALS COVERED BY THE SYSTEM OF RECORDS:
    PSP records will include personally identifiable information (PII)
pertaining to Commercial Motor Vehicle (CMV) drivers, as defined by 49
CFR 390.5, (referred to in this system of records notice as operator-
applicants). PSP will also include access transaction records. For CMV
drivers, this will include personal information submitted by the CMV
driver to access his or her personal PSP record. For motor carriers or
authorized industry service provider, Access Transaction Records will
include the unique username and password submitted by the user to
access the PSP system and the CMV driver information submitted by the
motor carrier or authorized industry service provider to retrieve a PSP
record.

CATEGORIES OF RECORDS:
    Categories of records in this system include:
    CMV crash and inspection records. Data extract from the FMCSA Motor
Carrier Management Information System (MCMIS) containing the most
recent five years' crash data and the most recent three years'
inspection information for operator-applicants including:

[squf] CMV driver name (last, first)
[squf] CMV driver date of birth
[squf] CMV driver license number
[squf] CMV driver license State

    Access transaction records. In the case of a motor carrier or
industry service provider accessing a CMV driver's PSP record,
transaction records include information about the subject of the
electronic record request including:

[squf] CMV driver name (last, first, middle initial)
[squf] CMV driver date of birth
[squf] CMV driver license number
[squf] CMV driver license State

    Access Transaction Records also include information about the motor
carrier or industry service provider accessing the record including:

[squf] User unique system username
[squf] User unique system password

    In the case of an operator-applicant requesting his or her own PSP
record, the Access Transaction Record will include:

[squf] CMV driver name (last, first, middle initial)
[squf] CMV driver date of birth
[squf] CMV driver license number
[squf] CMV driver license State
[squf] CMV driver address.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 31150, as added by section 4117 of Public Law 109-59
[Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU)].

PURPOSE(S):
    The purpose of this system is to make CMV crash and inspection
records available to authorized operator-applicants, authorized
industry service providers, and authorized motor carriers. Records
maintained in the system will also support operational management of
the PSP program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PRUPOSES OF USE:
    In addition to those disclosures generally permitted under Section
(b) of the Privacy Act, 5 U.S.C. 552a(b), all or a portion of the
records or information contained in this system may be disclosed
outside of DOT as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
    1. To authorized industry service providers and motor carriers as
part of the operator-applicant's PSP record; authorized industry
service providers and motor carriers may use PSP records only for
purposes of pre-employment safety screening of operator-applicants and
must have the operator-applicant's consent to access the PSP record;
    2. To the DOT Validation Authority (e.g., Lexis-Nexis) to verify
and validate the presented identity of the individual operator-
applicant requesting access to his or her own inspection and crash
data.
    3. Other possible routine uses of the information, applicable to
all DOT Privacy Act systems of records, are published in the Federal
Register at 75 FR 82132, December 29, 2010, under ``Prefatory Statement
of General Routine Uses'' (available at http://www.dot.gov/privacy/privacyactnotices).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS:
STORAGE:
    Records in this system are stored electronically or on paper in
secure facilities. Electronic records may be stored on magnetic disc,
tape, digital media, and CD-ROM. Any paper records received or required
for purposes of processing data requests will be stored in secure file
folders at the DOT Service Provider's secure storage facility.

RETRIEVABILITY:
    Records will be retrieved by using the operator-applicant's last
name, date of birth, license number, and license State.

SAFEGUARDS:
    All records in the system will be protected from unauthorized
access through appropriate administrative, physical, and technical
safeguards. Electronic files will be stored in a database secured by
password security, encryption, firewalls, and secured operating
systems, to which only authorized Service Provider or DOT/FMCSA
personnel will have access, on a need-to-know basis. Paper files will
be stored in file cabinets in a locked file room to which only the
authorized Service Provider and DOT/FMCSA personnel will have access,
on a need-to-know basis. All access to the electronic system and paper
files will be logged and monitored. All PII data elements will be
encrypted in the PSP system.
    The Service Provider will be subject to routine audits of the PSP
program by FMCSA to ensure compliance with the Privacy Act, applicable
sections of the Fair Credit Reporting Act and other applicable Federal
laws, regulations, or other requirements.
    Access by external users (operator-applicants, authorized industry
service providers and motor carriers) will be restricted within the
system based upon the user's role as an authorized industry service
provider, motor carrier, or validated operator-applicant. An authorized
industry service provider or motor carrier is an entity or person who
has been provided a unique user identification and password and must
use the unique identification and password to access data in PSP.
External users will be able to query the CMV

crash and inspection database only. The Service Provider will provide
users with an advisory statement that authorized industry service
providers and motor carriers could be subject to criminal penalties and
other sanctions under 18 U.S.C. 1001 for misuse of the PSP system.
    In order for an authorized industry service provider or motor
carrier to receive an individual operator-applicant's crash and
inspection data, the authorized industry service provider or motor
carrier must certify, for each request, under penalty of perjury, that
the request is for pre-employment purposes only and that written or
electronic consent of the operator-applicant has been obtained. Upon
completion of certification, the Service Provider will provide the
individual operator-applicant data to the industry service provider or
motor carrier via the secure PSP Web site. The authorized industry
service provider or motor carrier will access this individual's
information by entering a unique identification username and password.
Authorized industry service providers or motor carriers will be
required to maintain each operator-applicant's signed, written consent
form or electronic signature for five years. Authorized industry
service providers or motor carriers are subject to random audits by DOT
to ensure that written or electronic consent of operator-applicants was
obtained.
    The PSP system also allows validated operator-applicants to access
their own crash and inspection data upon written or electronic request.
Upon receipt of an operator-applicant's request, the Service Provider
will validate the identity of the requestor (operator-applicant) by
using his or her full name, date of birth, driver license number,
driver license State and current address against a validation
authority.
    The contractor and FMCSA have established an ongoing, random-
selection audit process to monitor compliance with the written consent
obligation. The audit requirements and penalties process is
incorporated by reference as part of the contract between FMCSA and the
contractor. The purpose of the audit requirements and penalties process
is to ensure that the account holder obtains a driver-signed consent
form prior to completing a PSP driver record inquiry in accordance with
the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and 49 U.S.C.
31150. The contractor will penalize an account holder, who fails to
comply with the audit requirements. Based on the nature and frequency
of these violations, the contractor may send a written warning,
suspend, or terminate the account holder from the PSP.
    Individuals who access the PSP system via the iOS application are
subject to the privacy policy integrated in the application.

RETENTION AND DISPOSAL:
    1. CMV crash and inspection records: Pursuant to General Records
Schedule (GRS) 20 (``Electronic Records,'' February 2008, see http://www.archives.gov/records-mgmt/ardor/grs20.html), governing extract
files, each monthly MCMIS extract in PSP is deleted approximately three
months after being superseded by a current MCMIS extract, unless needed
longer for administrative, legal, audit or other operational purposes.
    2. Access Transaction Records: Pursuant to GRS 24, ``Information
Technology Operations and Management Records,'' Item 6, April 2010, see
http://www.archives.gov/records-mgmt/grs/grs24.html) Access Transaction
Records are retained for a period of five years.

SYSTEM MANAGER CONTACT INFORMATION:
    PSP System Manager: Office of Information Technology; Federal Motor
Carrier Safety Administration; U.S. Department of Transportation; 1200
New Jersey Avenue SE., W65-319; Washington, DC 20590.

NOTIFICATION PROCEDURE:
    Operator-applicants wishing to know if their inspection and crash
records appear in this system may directly access the PSP system or
make a request in writing to the PSP System Manager identified under
``System Manager Contact Information.''
    Individual operator-applicants wishing to know if their Access
Transaction Records appear in this system may make a written request to
the following address: NIC Technologies, 4601 N. Fairfax Drive, Suite
1160, Arlington, VA 22203.
    Any other requests for records about yourself from this system of
records or any other Departmental system of records your request must
conform with the Privacy Act regulations set forth in 49 CFR part 10.
You must sign your request, and your signature must either be notarized
or submitted under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury as a substitute for notarization. While
no specific form is required, you may obtain forms for this purpose
from the Chief Freedom of Information Act Officer, http://www.dot.gov/foia or<PHONE_NUMBER>. In addition you should provide the following:
    An explanation of why you believe the Department would have
information on you;
    [squf] Identify which component(s) of the Department you believe
may have the information about you;
    [squf] Specify when you believe the records would have been
created;
    [squf] Provide any other information that will help the FOIA staff
determine which DOT component agency may have responsive records; and
    [squf] If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.

RECORD ACCESS PROCEDURES:
    See ``Notification Procedure'' above.

CONTESTING RECORDS PROCEDURE:
    Operator-applicants seeking to contest the content of information
about them in this system should apply to the System Manager by
following the same procedures as indicated under ``Notification
Procedure.'' Operator-applicants may also submit a data challenge to
FMCSA's online system to record and monitor challenges to FMCSA data,
DataQs. The system can be accessed via the DataQs Web site (https://dataqs.fmcsa.dot.gov/login.asp). The DataQs system, provides an
electronic means for operator-applicants to file concerns about Federal
and State data contained in the PSP report. Specifically, DataQs allows
an individual to challenge data maintained by FMCSA on, among other
things, crashes, inspections, registration, operating authority, safety
audits and enforcement actions. Through this system, data concerns are
automatically forwarded to the appropriate Federal or State office for
processing and resolution. Any challenges to data provided by State
agencies must be resolved by the appropriate State agency.
Additionally, FMCSA is not authorized to direct a State to change or
alter MCMIS data for violations or inspections originating within a
particular State(s). Once a State office makes a determination on the
validity of a challenge, FMCSA considers that decision as the final
resolution of the challenge. FMCSA cannot change State records without
State consent. The system also allows filers to monitor the status of
each filing.

RECORD SOURCE CATEGORIES:
    1. CMV crash and inspection records: All commercial driver crash
and inspection data in PSP is received from a monthly MCMIS data
extract. The MCMIS SORN identifies the source(s) of the information in
MCMIS. (FMCSA modified the MCMIS SORN to describe the system's sharing
of PII with the Driver Information Resource and PSP systems. See 74 FR
66391, December 15, 2009). All DOT SORNs may be found at www.dot.gov/privacy.
    2. Access transaction records: An audit trail of those entities or
persons that accessed the PSP (i.e. authorized motor carriers,
authorized industry service providers, or validated operator-
applicants) is automatically created when requests are initiated and
when data is released by the Service Provider. These records are
internal documents to be used by the Service Provider and FMCSA for
auditing, monitoring and compliance purposes.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Issued in Washington, DC on July 13, 2012.
Claire W. Barrett,
Departmental Privacy Officer.
[FR Doc. 2012-17597 Filed 7-18-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Page 27743]
[FR Doc No: 2011-11696]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Availability of a Draft Environmental Assessment for a
Proposed Airport Traffic Control Tower and Base Building, University of
Illinois Willard Airport, Savoy, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Availability of a Draft Environmental Assessment for
a Proposed Airport Traffic Control Tower and Base Building, University
of Illinois Willard Airport, Savoy, Illinois.

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SUMMARY: The Federal Aviation Administration (FAA) proposes to fund,
construct, and operate a new Airport Traffic Control Tower (ATCT) and
Base Building at the University of Illinois Willard Airport (CMI),
Savoy, Illinois. The FAA's preferred alternative is to construct the
ATCT at a location on the east central portion of CMI. The purpose and
need of the proposed project is to enhance visibility and improve
safety of airport movement areas, have the capability to meet existing
and future operational and administrative expansion requirements, and
improve operational efficiency of the facility because the current ATCT
facility is a non-standard design of insufficient height and size.
    The FAA has prepared a Draft Environmental Assessment (DEA) in
conformance with the requirements of the National Environmental Policy
Act of 1969 (NEPA) and FAA Order 1050.1E, Environmental Impacts:
Policies and Procedures. The DEA analyzes the potential environmental
impacts that may result from construction and operation of the proposed
new ATCT and Base Building at the proposed site, as well as the no
action alternative (i.e., not constructing and operating the new ATCT).
As part of the proposed project, the DEA also analyzes the potential
environmental impacts that may result from replacement and operation of
an instrument landing system antenna; and the upgrade and operation of
a Very High Frequency Omnidirectional Range with Tactical Air
Navigation (VORTAC) facility. The DEA is available for public review
during a 30-day public comment period at the following libraries:
Champaign Public Library, 200 W Green St., Champaign, IL 61820; Tolono
Public Library, 111 E. Main, Tolono, IL 61880.

ADDRESSES: The FAA will accept written comments on the DEA until close
of business on June 22, 2011. Comments on the DEA may be sent to: Ms.
Virginia Marcks, FAA, AJW-C14D, 2300 East Devon Ave., Des Plaines, IL
60018, fax<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>Copies of the
Draft EA on compact disk may be obtained by contacting Ms. Virginia
Marcks. Comments received on the DEA during the public comment period
will be addressed in the Final Environmental Assessment.

FOR FURTHER INFORMATION CONTACT: Ms. Virginia Marcks, Manager,
Infrastructure Engineering Center, Federal Aviation Administration,
2300 East Devon Avenue, Des Plaines, Illinois 60018. Telephone number:
847-294-7494. E-mail<EMAIL_ADDRESS>
    Issued in Des Plaines, Illinois, May 6, 2011.
Virginia Marcks,
Manager, Infrastructure Engineering Center, Chicago, AJW-C14D, Central
Service Area.
[FR Doc. 2011-11696 Filed 5-11-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 42026-42027]
[FR Doc No: 2020-15063]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0042]

CSA Group Testing & Certification Inc.: Request for Renewal of
Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of CSA Group
Testing & Certification Inc. (CSA) requesting renewal of recognition as
a Nationally Recognized Testing Laboratory (NRTL).

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before July 28, 2020.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2006-0042,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2006-0042). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security Numbers,
birth dates, and medical data.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before July 28, 2020 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    OSHA recognition of a NRTL signifies that the organization meets
the requirements in Sec.  1910.7 of title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification. OSHA
maintains an informational web page for each NRTL that details its
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.

    The agency processes applications by a NRTL for renewal of
recognition following requirements in appendix A to 29 CFR 1910.7. OSHA
conducts renewals in accordance with the procedures in 29 CFR 1910.7,
appendix A, paragraph II.C. In accordance with these procedures, NRTLs
submit a renewal request to OSHA, not less than nine months or no more
than one year, before the expiration date of its current recognition.
The submission includes a request for renewal and any additional
information the NRTL wishes to submit to demonstrate its continued
compliance with the terms of its recognition and 29 CFR 1910.7. If OSHA
has not conducted an on-site assessment of the NRTL's headquarters and
key sites within the past 18 to 24 months, it will schedule the
necessary on-site assessments prior to the expiration date of the
NRTL's recognition. Upon review of the submitted material and, as
necessary, the successful completion of the on-site assessment, OSHA
announces its preliminary decision to grant or deny renewal in the
Federal Register and solicit comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's recognition for a period of five years, or
denying the renewal of recognition.
    CSA initially received OSHA recognition as a NRTL on December 24,
1992 (57 FR 61452). CSA's most recent renewal was granted on August 7,
2014, for a five-year period ending on August 7, 2019. CSA submitted a
timely request for renewal, dated August 20, 2018 (OSHA-2006-0042-
0016), and retains its recognition pending OSHA's final decision in
this renewal process. The current addresses of CSA facilities
recognized by OSHA and included as part of the renewal request are:
    1. CSA Group Toronto, 178 Rexdale Boulevard, Etobicoke, Ontario,
Canada M9W 1R3;
    2. CSA Group Montreal, 865 Ellingham Street, Pointe-Claire, Quebec,
Canada H9R
    5E8;
    3. CSA Group Irvine, 2805 Barranca Parkway, Irvine, California
92606;
    4. CSA Group Edmonton, 1707-94th Street, Edmonton, Alberta, Canada
T6N 1E6;
    5. CSA Group Vancouver, 13799 Commerce Parkway, Richmond, British
Columbia, Canada V6V 2N9; and
    6. CSA Group Cleveland, 8501 East Pleasant Valley Road, Cleveland,
Ohio, 44131.

II. Notice of Preliminary Findings

    OSHA is providing notice that CSA is applying for renewal of its
recognition as a NRTL. This renewal covers CSA's existing NRTL scope of
recognition. OSHA evaluated CSA's application for renewal and
preliminarily determined that CSA can continue to meet the requirements
prescribed by 29 CFR 1910.7 for recognition. Accordingly, OSHA is
making a determination that it does not need to conduct an additional
on-site review of CSA's facilities based on its evaluations of CSA's
application and all other available information. This information
includes OSHA's audits of CSA's recognized NRTL sites during this
recognition period, and the resolution of non-conformances with the
requirements of 29 CFR 1910.7 that were addressed sufficiently to meet
the applicable NRTL requirements. This preliminary finding does not
constitute an interim or temporary approval of the request.
    OSHA welcomes public comment as to whether CSA meets the
requirements of 29 CFR 1910.7 for renewal of their recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. OSHA must receive the
written request for an extension by the due date for comments. OSHA
will limit any extension to 30 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if it is not
adequately justified. To obtain or review copies of the publicly
available information in CSA's application and other pertinent
documents (including exhibits), as well as all submitted comments,
contact the Docket Office, Room N-3653, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0042.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary on
whether to grant CSA's application for renewal. The Assistant Secretary
will make the final decision on granting the application and, in making
this decision, may undertake other proceedings prescribed in appendix A
to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the
Federal Register.

III. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and
29 CFR 1910.7.

    Signed at Washington, DC, on July 7, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-15063 Filed 7-10-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Notices]
[Page 65012]
[DOCID:fr21oc10-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD09-9-000]

Small Hydropower Development in the United States; Notice of
Small/Low-Impact Hydropower Webinar

October 13, 2010.
    The Federal Energy Regulatory Commission will host a Small/Low-
Impact Hydropower Webinar on November 10, 2010, from 12 noon to 1 p.m.
Eastern Time. The webinar will be open to the public and advance
registration is required.
    The purpose of this webinar is to introduce the new Small/Low-
Impact Hydropower Program website and walk participants through all
phases of the licensing and exemption processes using the Web site.
Specifically, the webinar will provide the opportunity for participants
to learn about the small hydropower licensing process, find out how to
get more information and assistance from FERC, and ask questions.
    To register for this webinar, please go to  https://www.ferc.gov/
whats-new/registration/hydro-form-11-10-10.asp. Space is limited to the
first 98 reservations. Once registered, you will receive a confirmation
e-mail containing information about joining the webinar a few days
prior to the start of the webinar.
    For more information about this webinar, please contact Shana
Murray at<PHONE_NUMBER> or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-26479 Filed 10-20-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Page 63485]
[FR Doc No: 2013-24922]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3365-EM; Docket ID FEMA-2013-0001]

Colorado; Amendment No. 4 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
State of Colorado (FEMA-3365-EM), dated September 12, 2013, and related
determinations.

DATES: Effective Date: October 15, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Thomas J.
McCool, of FEMA is appointed to act as the Federal Coordinating Officer
for this emergency.
    This action terminates the appointment of Michael J. Hall as
Federal Coordinating Officer for this emergency.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-24922 Filed 10-23-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61638-61641]
[FR Doc No: 2017-28080]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82394; File No. SR-MIAX-2017-49]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend MIAX Options Rule 612, Aggregate Risk
Manager (ARM) and Rule 518, Complex Orders

December 22, 2017.
    Pursuant to the provisions of 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 December 15, 2017, Miami International
Securities Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III 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 is filing a proposal to amend Rule 612, Aggregate Risk
Manager (ARM), and Rule 518, Complex Orders.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings, at MIAX's principal
office, 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 proposes to amend Rule 612, Aggregate Risk Manager
(ARM), and Rule 518, Complex Orders, to enhance the Aggregate Risk
Manager (``ARM'') protections available to Market Makers \3\ on the
Exchange, for both simple and complex quotes. Specifically, the
Exchange proposes to adopt a Market Maker single side protection
(``SSP'') feature, which is an additional, optional, and more granular
feature of the ARM protections that are currently offered by the
Exchange. Accordingly, the Exchange proposes to modify: (i) Rule 612,
Interpretations and Policies .02, to adopt new subsection (c), Market
Maker Single Side Protection, as well as to make minor, non-substantive
clarifications to subsections (a) and (b) for greater precision for
simple quotes; and (ii) Rule 518, Interpretations and Policies .05, to
adopt new subsection (g), Market Maker Single Side Protection for
complex quotes.
---------------------------------------------------------------------------

    \3\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. See Exchange Rule 100.
---------------------------------------------------------------------------

    The Exchange currently offers a number of risk protection
mechanisms to its Members in both the simple and complex markets. For
Market Makers, an important risk protection mechanism is the ARM. The
purpose of the ARM is to remove the Market Maker from the market, once
certain pre-determined trading limit thresholds (set up in advance by
the Market Maker) have

been triggered, to limit the risk exposure of the Market Maker. ARM was
implemented by the Exchange upon its launch in 2012, and the Exchange
has continued to refine and enhance the ARM over time based on Member
feedback. For example, in 2015, the Exchange enhanced the ARM to
include a `class protection' feature, which provides that when the
Allowable Engagement Percentage for a particular option class in which
the Market Maker is appointed, has been equaled or exceeded a specified
number of times within the ARM trigger counting period, the Class
Protection feature will remove the Market Maker's quotations from the
Exchange's disseminated quotation in such appointed option class until
the Market Maker instructs the Exchange to reset the Class Protection
feature.\4\ Additionally at that time, the Exchange also enhanced the
ARM to include an `aggregate class protection' feature, which would
remove the Market Maker organization's quotations in all of the Market
Maker organization's appointed option classes when the Allowable
Engagement Percentage had been equaled or exceeded in the Market Maker
organization's specified number of appointed option classes within the
ARM trigger counting period, regardless of how many individual Market
Makers in the same Market Maker organization are submitting quotations
on MIAX Options.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 75361 (July 6,
2015), 80 FR 39824 (July 10, 2015) (SR-MIAX-2015-44).
    \5\ See id.
---------------------------------------------------------------------------

    Now, based on additional Member feedback, the Exchange is proposing
to further enhance the ARM to introduce an SSP feature. The SSP
feature, which is optional, will provide an additional level of
granularity to the ARM, as this protection will apply only to quotes
that are on the same side (bid or offer) of an individual option.\6\
Market Makers who avail themselves of the SSP feature will have even
greater precision to tailor their risk tolerance levels.
---------------------------------------------------------------------------

    \6\ The term ``individual option'' means an option contract that
is either a put or a call, covering a specific underlying security
and having a specific exercise price and expiration date. See
Exchange Rule 100.
---------------------------------------------------------------------------

    To implement the SSP feature in the simple market, the Exchange
proposes to adopt new subsection (c) to Interpretations and Policies
.02 of Rule 612, entitled Market Maker Single Side Protection.
Subsection (c) will provide that a Market Maker may determine to engage
the Market Maker Single Side Protection (``SSP'') feature. If engaged,
if the full remaining size of a Market Maker's Standard quote,\7\ IOC
eQuote,\8\ or FOK eQuote,\9\ in an individual option, is exhausted by a
trade, the System \10\ will trigger the SSP. When triggered, the System
will cancel all Standard quotes and block all new inbound Standard
quotes, IOC eQuotes, and FOK eQuotes, for that particular side of that
individual option for that MPID. The System will provide a notification
message to the Market Maker that the SSP has been triggered. The block
will remain in effect until the Market Maker notifies the Exchange (in
a manner required by the Exchange and communicated to Members by
Regulatory Circular) to reset the SSP (``SSP Reset''). The SSP feature
is optionally available and may be enabled for a Market Maker's
MPID.\11\
---------------------------------------------------------------------------

    \7\ A Standard quote is a quote submitted by a Market Maker that
cancels and replaces the Market Maker's previous Standard quote, if
any. See Exchange Rule 517(a)(1).
    \8\ An immediate or cancel or ``IOC'' eQuote is an eQuote
submitted by a Market Maker that must be matched with another quote
or order for an execution in whole or in part upon receipt into the
System. See Exchange Rule 517(a)(2)(iv).
    \9\ A fill or kill or ``FOK'' eQuote is an eQuote submitted by a
Market Maker that must be matched with another quote or order for an
execution in its entirety at a single price upon receipt into the
System or will be immediately cancelled. See Exchange Rule
517(a)(2)(v).
    \10\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \11\ The term ``MPID'' means Market Participant Identifier.
---------------------------------------------------------------------------

    Additionally, the Exchange proposes to amend Rule 612,
Interpretations and Policies .02, to make clarifying amendments to
existing rule text. Specifically, current Interpretations and Policies
.02, Enhanced Aggregate Risk Manager Protections, provides that Market
Makers may determine to engage any of the following Enhanced Aggregate
Risk Manager Protections in the System. Currently it provides for two
protections; Class Protection, in subsection (a), and Market Maker
Protection, in subsection (b). The Exchange now proposes to amend
subsection (a) to make a non-substantive amendment to the rule text to
change the title of the rule from Class Protection to Market Maker
Single Class Protection, to provide greater specificity concerning the
scope of the protection. Further, the Exchange proposes to amend the
rule text to clarify that the scope of the risk protection available
under this rule is for a single class of options only, by changing the
first sentence of the rule to provide that, ``[a] Market Maker may
determine to engage the Market Maker Single Class Protection feature
for a particular option class in which the Market Maker is appointed
(an ``appointed option class'')''. The Exchange proposes to make the
same clarifying change throughout the rule to provide additional
clarity regarding the scope of the rule.
    Additionally, the Exchange proposes to amend the text in subsection
(b), Market Maker Protection, to make a non-substantive amendment to
the rule text to change the title of the rule from Market Maker
Protection, to Market Maker Aggregate Class Protection, to provide
greater specificity concerning the scope of the protection. Further,
the Exchange proposes to amend the rule text to refer to the Market
Maker Aggregate Class Protection feature. Specifically, the Exchange
proposes to amend the first sentence of the rule to provide that, ``[a]
Market Maker may determine to engage the Market Maker Aggregate Class
Protection feature for all of the Market Maker's appointed option
classes.'' The Exchange proposes to make the same clarifying change
throughout the rule to provide additional clarity regarding the scope
of the rule.
    To implement the SSP feature in the complex market, the Exchange
proposes to adopt new subsection (g) to Interpretations and Policies
.05 of Rule 518, entitled Market Maker Single Side Protection.
Subsection (g) will provide that a Market Maker may determine to engage
the Market Maker Single Side Protection (``SSP'') feature. If engaged,
if the full remaining size of a Market Maker's complex Standard quote
\12\ or cIOC eQuote \13\ in a strategy is exhausted by a trade, the
System will trigger the SSP for the traded side of the strategy for
that MPID. When triggered, the System will cancel all complex Standard
quotes and block all new inbound complex Standard quotes and cIOC
eQuotes for that particular side of that strategy. The System will
provide a notification message to the Market Maker that the SSP has
been triggered. The block will remain in effect until the Market Maker
notifies the Exchange (in a manner required by the Exchange and
communicated to Members by Regulatory Circular) to reset the SSP (``SSP
Reset'').
---------------------------------------------------------------------------

    \12\ A complex Standard quote is a complex quote submitted by a
Market Maker that cancels and replaces the Market Maker's previous
complex Standard quote for that side of the strategy, if any. See
Exchange Rule 518.02(a)(1).
    \13\ A ``Complex Immediate or Cancel eQuote'' or ``cIOC
eQuote,'' which is a complex eQuote with a time-in-force of IOC that
may be matched with another complex quote or complex order for an
execution to occur in whole or in part upon receipt into the System.
See Exchange Rule 518.02(c)(2).
---------------------------------------------------------------------------

    The SSP feature is optionally available and may be enabled for a
Market Maker's MPID. If enabled, the

SSP protection will cover both the simple market and complex
market,\14\ with each market requiring its own SSP Reset when the SSP
is triggered as discussed above. However, the protections operate
independently, that is, if an eQuote on the bid side of series A
triggers the SSP in the simple market, a simple market SSP Reset is
required to re-enable quoting on the bid side of series A; however a
complex eQuote for a strategy which includes the bid side of series A
would not be blocked as the complex market SSP was not triggered.
---------------------------------------------------------------------------

    \14\ The Exchange notes that complex cAOC eQuotes are not
impacted by the SSP. A ``Complex Auction or Cancel eQuote'' or
``cAOC eQuote,'' which [sic] is an eQuote submitted by a Market
Maker that is used to provide liquidity during a specific Complex
Auction with a time in force that corresponds with the duration of
the Complex Auction. See Exchange Rule 518.02(c)(1).
---------------------------------------------------------------------------

    The Exchange will announce the implementation date of the proposed
rule change by Regulatory Circular to be published no later than 60
days following the operative date of the proposed rule. The
implementation date will be no later than 60 days following the
issuance of the Regulatory Circular.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \15\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \16\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in, securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed changes remove impediments to
and perfect the mechanism of a free and open market and a national
market system and, in general, protects [sic] investors and the public
interest by providing Market Makers with an additional risk management
tool for both simple and complex quotes. Market Makers on the simple
market have a heightened obligation on the Exchange and are obligated
to submit continuous two-sided quotations in a certain number of series
in their appointed classes for a certain percentage of time in each
trading session,\17\ rendering them vulnerable to risk from market
conditions. Market Makers are vulnerable to risk from market events
that may cause them to receive automatic executions before they can
adjust their exposure in the market. Market Makers on the complex
market are also vulnerable to risk from market events and the Exchange
believes providing this risk protection feature on both the simple and
complex markets promotes just and equitable principles of trade and
helps to perfect the mechanisms of a free and open market and a
national market system.
---------------------------------------------------------------------------

    \17\ See Exchange Rule 604(e).
---------------------------------------------------------------------------

    Without adequate risk management tools Market Makers could reduce
the size of their quotations which could undermine the quality of the
markets available to customers and other market participants. The
ability of a Market Maker to engage the SSP feature of ARM is a
valuable tool in assisting Market Makers in risk management. The
proposed rule change removes impediments to and perfects the mechanism
of a free and open market by giving Market Makers the ability to
further refine their risk protections from an option class level to a
single side of an individual option in the simple market and to a
single side of a complex strategy in the complex market. Accordingly,
the SSP feature is designed to provide Market Makers greater control
over their quotations in the market thereby removing impediments to and
helping perfect the mechanisms of a free and open market and a national
market system and, in general, protecting investors and the public
interest. In addition, providing Market Makers with more tools for
managing risk will facilitate transactions in securities because, as
noted above, the Market Makers will have more confidence that
protections are in place that reduce the risks from market events. As a
result, the new functionality has the potential to promote just and
equitable principles of trade.
    The Exchange notes that the proposed rule change will not relieve
Exchange Market Makers of their continuous quoting obligations under
Exchange Rule 604 or any other obligations under Reg NMS Rule 602.\18\
Nor will the proposed rule change prohibit the Exchange from taking
disciplinary action against a Market Maker for failing to meet their
continuous quoting obligation each trading day.
---------------------------------------------------------------------------

    \18\ 17 CFR 242.602.
---------------------------------------------------------------------------

    The Exchange believes the proposed changes to MIAX Rule 612.02(a)
and (b) promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system because they seek to improve the accuracy of
the Exchange's rules. In particular, the Exchange believes that
clarifying the scope of single class protection and aggregate class
protection features of ARM for Market Makers will provide greater
clarity to Members and the public regarding the Exchange's Rules, and
it is in the public interest for rules to be accurate and concise so as
to eliminate the potential for confusion.

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 purposes of the Act.
    The Exchange believes that the proposed rule change will foster
competition by providing Exchange Market Makers with the ability to
specifically customize their use of the Exchange's risk management
tools in order to compete for executions and order flow.
    Additionally, the Exchange believes that the proposed rule change
should promote competition as it is designed to allow Exchange Market
Makers greater flexibility and control of their risk exposure to
protect them from market conditions that may increase their risk
exposure in the market. The Exchange does not believe the proposed rule
change will impose a burden on intra-market competition as the optional
risk protection feature is equally available to all Market Makers on
the Exchange.
    For all the reasons stated, 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, and
believes the proposed change will enhance competition.

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

    Because the foregoing 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 after the date of the filing, or such
shorter time as the Commission may designate, it has

become effective pursuant to 19(b)(3)(A) of the Act \19\ and Rule 19b-
4(f)(6) \20\ thereunder.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
---------------------------------------------------------------------------

    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 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 protected]. Please include
File Number SR-MIAX-2017-49 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2017-49. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2017-49 and should be submitted on
or before January 18, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-28080 Filed 12-27-17; 8:45 am]
 BILLING CODE 8011-01-P