[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22287-22290]
[FR Doc No: 2021-08680]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91626; File No. SR-NYSE-2021-22]

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

April 21, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 1, 2021, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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

    The Exchange proposes to amend its Price List to (1) lower the new
firm and the annual trading license fees and (2) introduce the NYSE
Membership On-Ramp Program, which offers discounted membership fees,
port fees and market data fees for up to 18 months for new member
organizations. The Exchange proposes to implement the fee changes
effective April 1, 2021. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to (1) lower the new firm and the annual
trading license fees and (2) introduce the NYSE Membership On-Ramp
Program (the ``Program''), which offers discounted membership fees,
port fees and market data fees for up to 18 months for new member
organizations.
    The purpose of this filing is to encourage smaller, retail-oriented
market participants that are not currently NYSE member organizations to
become member organizations by discounting certain fixed costs
associated with NYSE membership.
    The Exchange proposes to implement the fee changes effective April
1, 2021.
Background
Current Market and Competitive Environment
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \4\
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    \4\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37495, 37499 (June 29, 2005) (S7-10-04) (Final Rule)
(``Regulation NMS'').
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    While Regulation NMS has enhanced competition, it has also fostered
a ``fragmented'' market structure where trading in a single stock can
occur across multiple trading centers. When multiple trading centers
compete for order flow in the same stock, the Commission has recognized
that ``such competition can lead to the fragmentation of order flow in
that stock.'' \5\ Indeed, equity trading is currently dispersed across
16 exchanges,\6\ 31 alternative trading systems,\7\ and numerous
broker-dealer internalizers and wholesalers, all competing for order
flow. Based on publicly available information, no single exchange has
more than 20% market share.\8\ Therefore, no exchange possesses
significant pricing power in the execution of equity order flow. More
specifically, the Exchange's market share of trading in Tape A, B and C
securities combined is less than 12%.
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    \5\ See Securities Exchange Act Release No. 61358, 75 FR 3594,
3597 (January 21, 2010) (File No. S7-02-10) (Concept Release on
Equity Market Structure).
    \6\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, available at http://markets.cboe.com/us/equities/market_share/. See generally https://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml.html.
    \7\ See FINRA ATS Transparency Data, available at https://otctransparency.finra.org/otctransparency/AtsIssueData. A list of
alternative trading systems registered with the Commission is
available at https://www.sec.gov/foia/docs/atslist.htm.
    \8\ See Cboe Global Markets U.S. Equities Market Volume Summary,
available at http://markets.cboe.com/us/equities/market_share/.
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
move order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain exchange transaction fees that relate to orders that would
provide liquidity on an exchange.
Proposed Rule Change
    The Exchange proposes to modify, and discount certain fixed costs
related to Exchange membership in order to incentivize smaller, retail-
oriented market participants to consider NYSE membership. Specifically,
as discussed more fully below, the Exchange proposes to lower the new
firm fee for all member organizations and charge the annual trading
license fee in 12 monthly installments, which will slightly reduce the
current fees. In addition, the Exchange proposes to introduce a new
NYSE Membership On-Ramp Program (the ``Program'') that offers
significant discounts for up to 18 months on membership fees, port fees
and market data fees for new member organizations, subject to specific
restrictions.
Reduction of New Firm Fee
    The Exchange currently charges a New Firm Fee ranging from $2,500
to $20,000, depending on the type of firm, which is charged per
application for any broker-dealer that applies to be approved as a
member organization. The Exchange proposes to lower the New Firm Fees
as follows:
     The fee for carrying firms would be reduced from the
current $20,000 to $4,000;
     The fee for introducing firms would be reduced from the
current $7,500 to $4,000; and

     The fee for non-public organizations would be reduced from
the current $2,500 to $2,000.
    The proposed reductions of the New Firm Fee would be available to
all applicants seeking approval as a new member organization, including
carrying firms, introducing firms, or non-public organizations, which
would be seeking to obtain an equities trading license at the Exchange.
The most significant fee reduction would be for carrying firms, which
is designed to incentivize Exchange membership, and in particular
incentivize smaller, retail-oriented firms to become Exchange member
organizations.
    In conjunction with the discounts the Exchange proposes to
introduce through the Program, discussed below, the Exchange believes
that the proposed fee changes would provide increased incentives for
equity trading firms that are not currently Exchange member
organizations to apply for Exchange membership. The Exchange believes
that having more member organizations trading on the Exchange would
benefit investors through the additional display of liquidity and
increased execution opportunities on the Exchange. In addition, the
Exchange believes that incentivizing smaller broker-dealers to become
member organizations could increase the amount of retail order flow
sent to a public exchange, thereby encouraging greater participation
and liquidity.
Annual Fee Billed Monthly
    Currently, for all member organizations, including Floor brokers
with more than ten trading licenses but excluding Regulated Only
Members,\9\ the Exchange charges $50,000 for the first license held by
the member organization unless one of the other rates is deemed
applicable. For member organizations with 3-9 trading licenses, the
Exchange charges $35,000 for the first license held by a member
organization that has Floor broker executions accounting for 40% or
more of the member organization's combined adding and taking volumes
during the billing month. For Floor brokers with 1-2 trading licenses,
the Exchange charges a fee of $25,000 for the first license held by a
member organization that has Floor broker executions accounting for 40%
or more of the member organization's combined adding and taking volumes
during the billing month. Finally, Regulated Only Members are charged
an Annual Administrative Fee of $25,000. These fees can be prorated
monthly as set forth in footnote 15 of the Price List.
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    \9\ See Rule 2(b)(ii) (a Regulated Only Member is a registered
broker or dealer which does not own a trading license and agrees to
be regulated by the Exchange as a member organization and which the
Exchange has agreed to regulate).
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    The Exchange proposes to charge trading license fees on a monthly
basis. Dividing the current annual fees into 12 equal amounts results
in a $20 reduction per fee for the first two categories of member
organizations and a $40 reduction for the remaining two categories of
member organizations, as follows:
     The current $50,000 annual fee for the first license held
by the member organization would become a $4,165 fee per month for the
first trading license held by a member organization unless one of the
other rates is deemed applicable, which translates into a $49,980
annual fee.
     The current $35,000 annual fee for the first trading
license held by a member organization that has Floor broker executions
accounting for 40% or more of the member organization's combined adding
and taking volumes during the billing month would become a $2,915 fee
per month, which translates into a $34,980 annual fee.
     The current $25,000 for the first trading license held by
a member organization that has Floor broker executions accounting for
40% or more of the member organization's combined adding and taking
volumes during the billing month would become a $2,080 fee per month,
which translates into a $24,960 annual fee.
     Finally, the current $25,000 administrative fee for
Regulated Only Members would be charged as a $2,080 per month fee,
which translates into a $24,960 annual fee.
    In addition, the Exchange proposes conforming changes to footnote
15 of the Price List. First, the Exchange proposes to delete the second
sentence of the footnote that provides that the indicated annual
trading license fee will be prorated on a monthly basis for the portion
of the calendar year during which the trading license will be
outstanding. Such a provision would be moot when fees are charged
monthly, and footnote 15 already provides the applicable charges for
trading licenses that are in place for 10 calendar days or less in a
calendar month as well as 11 calendar days or more in a calendar month.
Second, the Exchange would delete ``annual'' before trading license in
the fifth sentence of footnote 15.
NYSE Membership On-Ramp Program
    The Exchange currently charges member organizations certain fixed
costs related to Exchange membership, including the trading license
fees described above, port fees, and fees for market data products,
which are filed with the Commission and set forth on a separate Fee
Schedule.\10\ Effective April 1, 2021, the Exchange proposes to
discount these fees for new member organizations during the first 18
months following approval as a new member organization to make Exchange
membership easier for a greater number market participants.
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    \10\ The NYSE Proprietary Market Data Fee Schedule is available
at https://www.nyse.com/publicdocs/nyse/data/NYSE_Market_Data_Fee_Schedule.pdf (``Market Data Fee Schedule'').
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Eligibility and Restrictions
    To be eligible, a new member organization may not have been, within
the prior 18 months, approved as an NYSE member organization with an
activated trading license. Eligibility for discounts begins in the
month that a new membership application is approved. A new member
organization is only eligible to enroll in the Program once. A new
member organization that is an ``affiliate'' of an existing member
organization, defined in the General section at the end of the Price
List as any member organization under 75% common ownership or control
of that member organization, is ineligible to participate in the
Program. In addition, as proposed, Regulated Only Members would be
ineligible to participate in the Program but could become eligible as
of the month the Regulated Only Membership is converted into a full
membership. Regulated Only Members are eligible to convert to a full
membership at any time.
    The proposed monthly trading license fees described above based on
a member organization's number of trading licenses would be eligible
for the Program's proposed discounts during the 18-month period.
    Further, the NYSE offers the following Market Data products to new
member organizations on a voluntary, subscription basis: the NYSE
Integrated Feed, NYSE Best Quote and Trades (BQT) BQT Feed, NYSE Order
Imbalances Feed, NYSE BBO, NYSE Trades, NYSE Openbook Ultra and NYSE
Openbook Aggregated (``Market Data Product''). Each market data product
allows a vendor to redistribute certain data elements included in the
data feed on a real-time basis. For each product, the Exchange charges
associated fees set forth on the Market Data Fee Schedule.\11\ The
Exchange is not proposing any changes to the NYSE Proprietary Market
Data Fee Schedule or the fees described therein.
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    \11\ See note 10, supra.
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    The Market Data Fees that would be eligible for the Program are the
Access

Fees (general and Per User, if applicable), Professional User Fees
(internal use only), Non-Professional User fee (for external use,
including Enterprise Fees), Non-Display Fees, Redistribution Fee, and
Multiple Data Feed Fee (``Eligible Market Data Fees'') for the market
data products specified on the Market Data Fee Schedule. The Program's
discounts are not available to a member organization subject to the
Digital Media Enterprise Fee or the Professional User Fees for data
externally distributed to professional subscribers. A firm that was a
subscriber to any of the Eligible Market Data Fees within the prior 18
months before becoming approved as a new member organization is
ineligible for Program's Market Data fee discounts. Program discounts
cannot be combined with any other discounts applicable to Eligible
Market Data Fees. For example, the Exchange offers a one-month free
trial to any firm that subscribes to a particular NYSE proprietary real
time market data product for the first time. As proposed, this discount
could not be combined with Program discounts to extend Phase 1 by one
month.
    Finally, the Program would be available for fees charged for the
first 10 ports that provide connectivity to the Exchange's trading
systems (i.e., ports for entry of orders and/or quotes (``order/quote
entry ports'')). The Exchange charges $550 per order/quote entry port
per month. Designated Market Makers (``DMMs'') are not charged for the
first 12 order/quote entry ports per month that connect to the
Exchange. The Exchange also currently makes ports available for drop
copies and charges $550 per port per month, except that DMMs are not
charged for drop copy ports that connect to the Exchange. The Program
would also be available for fees charged for a member organization's
first 10 drop copy ports.\12\
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    \12\ Only one fee per drop copy port applies, even if receiving
drop copies from multiple order/quote entry ports.
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    Because DMMs are not charged for first dozen order/quote entry
ports and are not charged at all for drop copy ports, new member
organizations that are DMMs would not be eligible for the discount for
either order/quote entry ports or drop copy ports.
    The proposed discounts would be phased out over a period of 18
months. Specifically, during Phase 1 (months 1-6) following approval of
a new membership application, the applicable discount for Eligible
Market Data Fees, trading license fees, and port fees would be 100% for
each eligible product. During Phase 2 (months 7-12), the amount of the
discount would become 50%. Finally, during Phase 3 (months 13-18), the
amount of the discount will be 25%. The Program would terminate at the
end of Phase 3 (18 months), and the discounted fees will be charged to
that member organization at the regular rate set forth in the Price
List or Market Data Fee Schedule, as applicable, from that point
forward.
    For example, assume new member organization A approved in May 2021
signs up for 20 order/quote entry ports. Currently, member organization
A would be charged $550 per port, for a total of $11,000 per month.
Under the Program, member organization A's first 10 ports would be free
for the first 6 months, and the firm would only be charged for 10 ports
at $550, for a total of $5,500 per month. In months 7 to 12, member
organization A's first 10 ports would be billed at a 50% discount, or
$275 per port per month, for a total of $2,750 per month. In the final
6 months of the Program, member organization A's first 10 ports would
be billed at a 25% discount, or $412.50 per port per month, for a total
of $4,125 per month.
    The proposed changes are not otherwise intended to address other
issues, and the Exchange is not aware of any significant problems that
market participants would have in complying with the proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\14\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) & (5).
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The Proposed Change Is Reasonable
    As discussed above, the Exchange operates in a highly fragmented
and competitive market where market participants can and do move order
flow, or discontinue or reduce use of certain categories of products,
in response to fee changes. Moreover, in the current competitive market
environment, market participants also have a choice of where to become
members.
    In light of this, the Exchange believes that it is reasonable to
lower the new firm and trading license fee for all member organizations
and offer discounted membership fees, port fees and market data fees
for up to 18 months for new member organizations in order to provide an
incentive for smaller broker-dealers to apply for Exchange membership
and a trading license. The Exchange believes that providing an
incentive for broker-dealers that are not currently Exchange member
organizations to apply for membership would encourage market
participants to become members of the Exchange and bring additional
liquidity to a public market. In addition, the Exchange believes that
the proposal could result in additional retail liquidity to a public
exchange, to the benefit of all market participants. The Exchange
believes creating incentives and opportunities for new members on the
Exchange protects investors and the public interest by increasing the
competition and liquidity on a transparent public market.
The Proposal is an Equitable Allocation of Fees
    The Exchange believes the proposal constitutes an equitable
allocation of fees because the proposed change would be offered to all
market participants that wish to trade at the Exchange and all new
member organizations, all of whom would continue to be subject to the
same fee structure and access to the Exchange's market would continue
to be offered on fair and nondiscriminatory terms.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. In the prevailing competitive environment, member
organizations are free to disfavor Exchange membership and the
Exchange's pricing if they believe that alternatives offer them better
value.
    The proposal is not unfairly discriminatory because it neither
targets nor uniquely impacts any particular category of market
participant. The proposed lower member fees, monthly trading license
fees and discounted access to Exchange services for up to 18 months
does not permit unfair discrimination because the proposed changes
would apply to all similarly situated member organizations, who would
all benefit from the lower and discounted fees on an equal basis. The
Exchange does not believe that excluding new DMM member organizations
from the port fees discounts under the Program is unfairly
discriminatory because DMM firms are not currently charged for drop
copy

ports or the first 12 order/quote entry ports.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\15\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would increase competition by reducing the
cost of operating as an Exchange member organization, which the
Exchange believes will enhance market quality through the submission of
additional retail liquidity to a public exchange, thereby promoting
market depth, price discovery and transparency and enhancing order
execution opportunities for member organizations. As a result, the
Exchange believes that the proposed change furthers the Commission's
goal in adopting Regulation NMS of fostering integrated competition
among orders, which promotes ``more efficient pricing of individual
stocks for all types of orders, large and small.'' \16\
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    \15\ 15 U.S.C. 78f(b)(8).
    \16\ Regulation NMS, 70 FR at 37498-99.
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    Intramarket Competition. The proposed changes are designed to
attract additional member organizations and order flow to the Exchange.
The Exchange believes that the proposed changes would continue to
incentivize market participants to become Exchange member organizations
and direct order flow, especially retail order flow, to the Exchange.
Greater liquidity benefits all market participants on the Exchange by
encouraging market participants to become Exchange member organizations
and send orders to the Exchange, thereby providing more trading
opportunities and contributing to robust levels of liquidity on the
Exchange, which benefits all market participants. The proposed lower
fees and discounts would be available to all similarly situated market
participants, and, as such, the proposed change would not impose a
disparate burden on competition among market participants on the
Exchange. As noted, the proposal would apply to all similarly situated
member organizations on the same and equal terms, who would benefit
from the changes on the same basis. Accordingly, the proposed change
would not impose a disparate burden on competition among market
participants on the Exchange.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. In such an
environment, the Exchange must continually adjust its fees and rebates
to remain competitive with other exchanges and with off-exchange
venues. Because competitors are free to modify their own fees and
credits in response, and because market participants may readily adjust
their order routing practices, the Exchange does not believe its
proposed fee change can impose any burden on intermarket competition.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \17\ of the Act and subparagraph (f)(2) of Rule
19b-4 \18\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \19\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \19\ 15 U.S.C. 78s(b)(2)(B).
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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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2021-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2021-22. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street, NE, Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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-NYSE-2021-22 and should be submitted on
or before May 18, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-08680 Filed 4-26-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61136-61137]
[FR Doc No: 2011-25325]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0225]

Agency Information Collection Activities; New Information
Collection Request: Commercial Driver Individual Differences Study

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. The FMCSA requests
approval of a new ICR that is associated with a study that will be
conducted by a research contractor to investigate the differences among
the characteristics of individual commercial drivers. This information
collection will aid FMCSA in developing future safety initiatives by
examining a wide array of driver and situational factors to determine
if they are associated with increased or decreased crash and incident
involvement.

DATES: Comments must be submitted on or before December 2, 2011.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2011-0225 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all
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 DOT's
complete Privacy Act Statement for the Federal Docket Management System
published in the Federal Register on January 17, 2008 (73 FR 3316), or
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Theresa Hallquist, Federal Motor
Carrier Safety Administration, Office of Analysis, Research and
Technology, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001. Telephone<PHONE_NUMBER>
or e-mail<EMAIL_ADDRESS>Office hours are from 8 a.m. to 4
p.m., ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The purpose of this study is to identify,
verify, quantify, and prioritize commercial driver risk factors.
Primarily, these are personal factors

such as demographic characteristics, medical conditions, personality
traits, and performance capabilities. Risk factors may also include
work environmental conditions, such as carrier operations type. The
study will identify risk factors by linking the characteristics of
individual drivers with their driving records, especially the presence
or absence of DOT reportable crashes.
    Title: Commercial Driver Individual Differences Study.
    OMB Control Number: 2126-XXXX.
    Type of Request: New ICR.
    Respondents: Commercial motor vehicle drivers and fleet managers.
    Estimated Number of Respondents: 21,020.
    Estimated Time per Response: The estimated average time per
responses are as follow: 1 hour, 5 minutes for paper and 1 hour for
electronic Form MCSA-5863, ``Commercial Motor Vehicle Driver Survey,''
submissions; 35 minutes for paper and 30 minutes for electronically
Form MCSA-5864, ``Follow-Up Survey of Recent Life Experiences,''
submissions; 75 minutes for paper and 70 minutes for electronic Driver
Survey and Job Descriptive Index from the Follow-up Survey submissions;
and 10 minutes for the Form MCSA-5865, ``Fleet Managers Survey,''
submissions.
    Expiration Date: N/A. This is a new information collection request.
    Frequency of Response: This information collection will be a
single, nonrecurring event for 16,000 CMV driver participants and 20
fleet managers. For at least 5,000 CMV driver participants, the
information collection will occur twice.
    Estimated Total Annual Burden: 9,536 hours. 8,822 hours for CMV
driver participants: [16,800 CMV drivers completing paper Driver Survey
x 65 minutes + 4,200 CMV drivers completing electronic Driver Survey x
1 hour + 4,000 drivers completing paper Follow-Up Survey x 35 minutes
per driver / 60 minutes + 1,000 drivers completing electronic Follow-Up
Survey x 30 minutes per driver / 60 minutes + 800 CMV drivers
completing paper Driver Survey and Job Descriptive Index x 75 minutes
per driver / 60 minutes + 200 CMV drivers completing paper Driver
Survey and Job Descriptive Index x 70 minutes per driver / 60 minutes =
26,466 hours/3 years = 8,822 hours] + 714 hours for Carrier Operations:
[20 participating carriers x 2 hours to learn about and agree to
participation + 40 carrier managers completing IRB training x 2 hours +
20 Managers recruiting and handling data collection of 20,000
respondents x 83 hours + 20 Managers completing Fleet Manager Survey x
10 minutes + Carrier managers delivering monthly crash reports to VTTI
(20 carriers x 36 months) x 30 minutes / 60 minutes = 2,143/3 years =
714 hours]. 8,822 hours for CMV driver participants + 714 hours for
Carriers Operations = 9,536 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this revised information collection request, including: (1) The
necessity and usefulness of the information collection for FMCSA to
meet its goal in reducing truck crashes; (2) the accuracy of the
estimated burdens; (3) ways to enhance the quality, usefulness, and
clarity of the collected information; and (4) ways to minimize the
collection burden without reducing the quality of the collected
information. The agency will summarize and/or include your comments in
the request for OMB's clearance of this information collection.

    Issued on: September 23, 2011.
Kelly Leone,
Associate Administrator for Research and Information Technology.
[FR Doc. 2011-25325 Filed 9-30-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74453-74454]
[FR Doc No: 2016-25793]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0730]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Threshold of
Regulation for Substances Used in Food-Contact Articles

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
November 25, 2016.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs,

OMB, Attn: FDA Desk Officer, FAX:<PHONE_NUMBER>, or emailed to
<EMAIL_ADDRESS>All comments should be identified with the
OMB control number 0910-0298. Also include the FDA docket number found
in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD 20852<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Threshold of Regulation for Substances Used in Food-Contact Articles--
21 CFR 170.39 (OMB Control Number 0910-0298)--Extension

    Under section 409(a) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 348(a)), the use of a food additive is deemed
unsafe unless one of the following is applicable: (1) It conforms to an
exemption for investigational use under section 409(j) of the FD&C Act;
(2) it conforms to the terms of a regulation prescribing its use; or
(3) in the case of a food additive which meets the definition of a
food-contact substance in section 409(h)(6) of the FD&C Act, there is
either a regulation authorizing its use in accordance with section
409(a)(3)(A) or an effective notification in accordance with section
409(a)(3)(B).
    The regulations in Sec.  170.39 (21 CFR 170.39) established a
process that provides the manufacturer with an opportunity to
demonstrate that the likelihood or extent of migration to food of a
substance used in a food-contact article is so trivial that the use
need not be the subject of a food additive listing regulation or an
effective notification. The Agency has established two thresholds for
the regulation of substances used in food-contact articles. The first
exempts those substances used in food-contact articles where the
resulting dietary concentration would be at or below 0.5 parts per
billion. The second exempts regulated direct food additives for use in
food-contact articles where the resulting dietary exposure is 1 percent
or less of the acceptable daily intake for these substances.
    In order to determine whether the intended use of a substance in a
food-contact article meets the threshold criteria, certain information
specified in Sec.  170.39(c) must be submitted to FDA. This information
includes the following components: (1) The chemical composition of the
substance for which the request is made, (2) detailed information on
the conditions of use of the substance, (3) a clear statement of the
basis for the request for exemption from regulation as a food additive,
(4) data that will enable FDA to estimate the daily dietary
concentration resulting from the proposed use of the substance, (5)
results of a literature search for toxicological data on the substance
and its impurities, and (6) information on the environmental impact
that would result from the proposed use.
    FDA uses this information to determine whether the food-contact
article meets the threshold criteria. Respondents to this information
collection are individual manufacturers and suppliers of substances
used in food-contact articles (i.e., food packaging and food processing
equipment) or of the articles themselves.
    In the Federal Register of May 11, 2016 (81 FR 29271), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR 170.39                                Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Threshold of regulation for substances used in food-contact                       7                1                7               48              336
 articles..........................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    In compiling these estimates, we consulted our records of the
number of regulation exemption requests received in the past 3 years.
The annual hours per response reporting estimate of 48 hours is based
on information received from representatives of the food packaging and
processing industries and Agency records.
    We estimate that approximately 7 requests per year will be
submitted under the threshold of regulation exemption process of Sec.
170.39, for a total of 336 hours. The threshold of regulation process
offers one advantage over the premarket notification process for food-
contact substances established by section 409(h) of the FD&C Act (OMB
control number 0910-0495) in that the use of a substance exempted by
FDA is not limited to only the manufacturer or supplier who submitted
the request for an exemption. Other manufacturers or suppliers may use
exempted substances in food-contact articles as long as the conditions
of use (e.g., use levels, temperature, type of food contacted, etc.)
are those for which the exemption was issued. As a result, the overall
burden on both Agency and the regulated industry would be significantly
less in that other manufacturers and suppliers would not have to
prepare, and we would not have to review, similar submissions for
identical components of food-contact articles used under identical
conditions. Manufacturers and other interested persons can easily
access an up-to-date list of exempted substances which is on display at
FDA's Division of Dockets Management and on the Internet at http://www.fda.gov/Food/IngredientsPackagingLabeling/PackagingFCS/ThresholdRegulationExemptions/ucm093685.htm. Having the list of
exempted substances publicly available decreases the likelihood that a
company would submit a food additive petition or a notification for the
same type of food-contact application of a substance for which the
Agency has previously granted an exemption from the food additive
listing regulation requirement.

    Dated: October 19, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-25793 Filed 10-25-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Notices]
[Pages 35473-35475]
[FR Doc No: 2012-14413]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket No. NHTSA-2012-0066]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Request for public comment on proposed revision of the
previously approved collection of information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), before seeking OMB approval,
Federal agencies must solicit public comment on proposed collections of
information, including extensions and reinstatements of previously
approved collections.
    This document describes an Information Collection Request (ICR) for
which NHTSA intends to seek OMB approval.

DATES: Comments must be submitted on or before August 13, 2012.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
NHTSA-2012-0066 using any of the following methods:
    Electronic submissions: Go to http://www.regulations.gov. Follow
the online instructions for submitting comments.
    Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590.
    Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Fax: 1-202-493-2251
    Instructions: Each submission must include the Agency name and the
Docket number for the Notice. Note that all comments received will be
posted without change to http://www.regulations.gov including any
personal information provided.

FOR FURTHER INFORMATION CONTACT: Mary Hinch, Contracting Officer's
Technical Representative, Office of Behavioral Safety Research (NTI-
132), National Highway Traffic Safety Administration, 1200 New Jersey
Ave. SE., W46-500, Washington, DC 20590. Mary Hinch's phone number is
202-366-5595 and her email address is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulations (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:

    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks public comment on
the following proposed collection of information:
    Title: NHTSA Distracted Driving Survey Project.
    Type of Request: Revision of previously approved collection of
information.
    OMB Clearance Number: 2127-0665.
    Form Number: NHTSA Form 1084.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Summary of the Collection of Information: The National Highway
Traffic Safety Administration (NHTSA) proposes to conduct awareness
surveys to evaluate two traffic safety programs designed to reduce
distracted driving. One program will focus on hand-held phone use and
be conducted statewide in two States. If clearance is granted, the
awareness surveys would be conducted in-person before and after four
program waves. Over the program period, 40,000 people would be
surveyed, 20,000 in each State. The other program will focus on texting
behavior and be conducted at the community level in two States. If
clearance is granted, the awareness surveys would either be conducted
in-person or by telephone before and after four program waves. Surveys
would be conducted in two communities in each State. Over the program
period, 20,000 people would be surveyed, 10,000 in each State.
Estimated interview length would be approximately 10 minutes for each
survey. Information on attitudes, awareness, knowledge, and behavior
would be collected through both surveys.
    A Spanish-language translation and bilingual interviewers would be
used to minimize language barriers to participation. Additionally, the
proposed surveys would be anonymous; the surveys would not collect any
personal information that would allow anyone to identify respondents.
Participant names would not be collected during the interview. For the
telephone surveys, the telephone number used to reach the respondent
would be separated from their responses prior to entry into the
analytical database. In addition, for the telephone surveys, the
interviewers would use computer-assisted telephone interviewing to
reduce interview length and minimize recording errors.
    Description of the Need for the Information and Proposed Use of the
Information: NHTSA was established by the Highway Safety Act of l970
(23 U.S.C. 101) to carry out a Congressional mandate to reduce the
mounting number of deaths, injuries, and economic losses resulting from
motor vehicle crashes on the Nation's highways. As part of this
statutory mandate, NHTSA is authorized to conduct research as a
foundation for the development of motor vehicle standards and traffic
safety programs. According to the Overview of NHTSA's Driver
Distraction Program (see distraction.gov), research suggests that
driving distracted may degrade driver performance by imposing
additional workload on the driver. As summarized in the overview,
distraction may result in reduced eye scanning behavior, slower
reaction time, degraded vehicle control, and lower detection of objects
in peripheral vision.
    Driving distracted may influence the likelihood of a crash. This
supports the need for strong evaluation efforts to identify what
interventions are effective at reducing distracted driving. In this
effort, NHTSA proposes to conduct information collections to assess the
effectiveness of two traffic safety programs designed to reduce
distracted driving. The programs will use waves of public media and
enhanced enforcement activity to increase the perceived likelihood of
getting a ticket for driving distracted and, consequently, decrease the
occurrence of distracted driving behavior. NHTSA would like to conduct
public awareness surveys to gather information from the driving public
regarding their experience of the programs, including their awareness,
perception, and knowledge of the programs. An essential part of these
evaluation efforts is to compare baseline and post-program measures to
determine if the programs contribute to changes in participant
responses; therefore, multiple measurements would be required.
    The findings from these two proposed information collections would
build on existing knowledge. In 2010 and 2011, NHTSA conducted a high
visibility enforcement program in Hartford, Connecticut and Syracuse,
New York using enhanced enforcement and the media campaign, Phone in
One Hand, Ticket in the Other, to reduce distracted driving behavior.
The program demonstrated that this could be done at the community
level, exhibited by decreases in both observed hand-held phone use and
electronic device manipulation (e.g., texting). The next major step is
to demonstrate how this program can be implemented statewide. NHTSA
will be taking this step through a statewide distracted driving
demonstration program. The findings from the first proposed information
collection would provide a fuller understanding of this process. The CT
NY program revealed challenges in enforcing distracted driving laws,
especially with texting behavior, which can be performed below the line
of sight. It is valuable to develop and test enforcement strategies to
determine the ones that are effective. NHTSA will be testing
enforcement strategies through a high visibility enforcement texting
program. The findings from the second proposed information collection
would provide insight into the effectiveness of the strategies.
    Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information):
NHTSA intends to collect data from 60,000 drivers to conduct awareness
surveys for two separate distracted driving evaluation efforts. The
distracted driving program focused on hand-held phone use will be
conducted statewide in two States. If clearance is granted, awareness
surveys would be administered in-person to a population 18 years and
older, before and after four program waves. Surveys would be conducted
at 10 sites in each State and 250 surveys would be administered at each
site per measurement period. Over 4 waves (i.e., 8 measurement
periods), 40,000 people would be surveyed in both States (20,000 in
each State). (Two States * 10 locations in each State * 250 surveys per
measurement period * 8 measurement periods = 40,000 total surveys.)
    The distracted driving program focused on texting behavior will be
conducted at the community level in two States. If clearance is
granted, awareness surveys would be administered in-person or by
telephone to a population 18 years and older, before and after four
program waves. Surveys would be conducted in two communities in each
State. For the very first and very last measurement periods,

1,000 surveys would be conducted. This would be done to increase the
power required to measure change. For all other measurement periods,
500 surveys would be conducted. Over 4 waves (i.e., 8 measurement
periods), 10,000 people would be surveyed in each State (20,000 people
would be surveyed in both States). (Two States * 2 communities in each
State * (2 measurement periods * 1,000 surveys) + (6 measurement
periods * 500) = 20,000 surveys.)
    For the telephone surveys, interviews would be conducted with
persons at both residential phone numbers and cell phone numbers.
Systematic sampling procedures would include Random Digit Dial sampling
techniques. Federal law prohibits the use of auto dialing to call cell
phones; therefore all cell phone numbers would be dialed manually. For
interviews conducted with persons using landline phones, no more than
one respondent per household would be selected. For interviews
conducted with persons on cell phones, a single user of the cell phone
would be selected. Each sample member would complete just one
interview. Businesses are ineligible for the sample and would not be
interviewed.
    Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting From the Collection of Information: For the statewide hand-
held program, NHTSA estimates interviews would require an average of 10
minutes to complete or a total of 6,667 hours for the 40,000
respondents. For the community texting program, NHTSA estimates
interviews would require an average of 10 minutes to complete or a
total of 3,333 hours for the 20,000 respondents. Thus, for both
proposed surveys, the total time burden on the general public would be
10,000 hours. The respondents would not incur any reporting cost from
the information collection. The respondents also would not incur any
record keeping burden or recordkeeping cost from the information
collection.

    Authority: 44 U.S.C. Section 3506(c)(2)(A).

    Issued on: June 8, 2012.
Jeffrey Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2012-14413 Filed 6-12-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Rules and Regulations]
[Pages 27915-27916]
[FR Doc No: 2020-09900]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0790; Airspace Docket No. 19-ASW-10]
RIN 2120-AA66

Amendment of Class E Airspace; Tahlequah, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace extending upward from
700 feet above the surface at Tahlequah Municipal Airport in Tahlequah,
OK. This action is the result of airspace review caused by the
decommissioning of the Tahlequah non-directional radio beacon (NDB).
The geographic coordinates of the airport would also be updated to
coincide with the FAA's aeronautical database. Airspace redesign is
necessary for the safety and management of instrument flight rules
(IFR) operations at this airport.

DATES: Effective 0901 UTC, July 16, 2020. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Tahlequah Municipal Airport, Tahlequah, OK, in support
of standard instrument approach procedure for IFR operations at this
airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 4244; January 24, 2020) for Docket No. FAA-2019-0790 to
amend the Class E airspace extending upward from 700 feet above the
surface at Tahlequah Municipal Airport, Tahlequah, OK. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending the Class E airspace extending upward from 700 feet
above the surface within a 6.5-mile radius (increased from 6.4-mile
radius) of Tahlequah Municipal Airport, Tahlequah, OK; also, updating
the geographic coordinates of the airport to coincide with the FAA's
aeronautical database. This action is the result of an airspace review
caused by the cancellation and revision of the instrument procedures at
this airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that only affects air traffic procedures and
air navigation, it is certified that this rule, when promulgated, does
not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW OK E5 Tahlequah, OK [Amended]

Tahlequah Municipal Airport, OK
    (Lat. 35[deg]55'49'' N, long 95[deg]00'16'' W)

Tahlequah City Hospital Heliport, OK, Point in Space Coordinates
    (Lat. 35[deg]55'14'' N, long 94[deg]57'47'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Tahlequah Municipal Airport and that
airspace within a 6-mile radius of the Point in Space serving
Tahlequah City Hospital Airport.

    Issued in Fort Worth, Texas, on May 5, 2020.
Steven T. Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-09900 Filed 5-11-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Rules and Regulations]
[Pages 48072-48073]
[FR Doc No: 2014-19062]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2008-0708, FRL-9915-09-OAR]
RIN 2060-AR90

NESHAP for Reciprocating Internal Combustion Engines; NSPS for
Stationary Internal Combustion Engines

AGENCY: Environmental Protection Agency.

ACTION: Notice of final decision on reconsideration.

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SUMMARY: On January 30, 2013, the Environmental Protection Agency (EPA)
finalized amendments to the National Emission Standards for Hazardous
Air Pollutants for Stationary Reciprocating Internal Combustion Engines
and the Standards of Performance for Stationary Internal Combustion
Engines. Subsequently, the EPA received three petitions for
reconsideration of the final rule. On September 5, 2013, the EPA
announced reconsideration of and requested public comment on three
issues raised in the petitions for reconsideration. A summary of the
public comments received on the September 5, 2013, notice of
reconsideration and the EPA's responses to those comments (Response to
Comment document) can be found in the rulemaking docket at Docket
Number EPA-HQ-OAR-2008-0708. After careful consideration of the public
comments received on the September 5, 2013, notice, the EPA has
determined that it will not propose any changes to the regulations at
this time related to the three petition issues, and is providing notice
of this decision. The EPA is informing the petitioners of the decision
in separate letters to the petitioners. The letters explain the EPA's
reasons for not proposing changes to the regulations for those three
issues. Further discussion of the three petition issues can be found in
the Response to Comment document.

DATES: Effective August 15, 2014.
    Any petitions for review of the letters announcing the EPA's
decision not to propose changes to the regulations in response to the
public comments received on the three issues under reconsideration
described in this Notice must be filed in the U.S. Court of Appeals for
the District of Columbia Circuit by October 14, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number:<PHONE_NUMBER>; facsimile number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. How can I get copies of this document and other related information?

    This Federal Register document, the petitions for reconsideration,
the letters responding to the petitioners and the Response to Comment
document are available in the docket that the EPA established for the
``National Emission Standards for Hazardous Air Pollutants for Existing
Reciprocating Internal Combustion Engines'' under Docket ID No. EPA-HQ-
OAR-2008-0708. The document numbers for the petitions for
reconsideration are EPA-HQ-OAR-2008-0708-1505, EPA-HQ-OAR-2008-0708-
1506 and EPA-HQ-OAR-2008-0708-1507. All documents in the docket are
listed in the www.regulations.gov index. The EPA also relies on
documents in Docket ID Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029,
EPA-HQ-OAR-2005-0030 and EPA-HQ-OAR-2010-0295, and incorporated those
dockets into the docket for this action. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, will be
publicly available only in hard copy. Publicly available docket
materials are available either electronically at www.regulations.gov or
in hard copy at the EPA Docket Center, EPA WJC West Building, Room
3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air Docket is
(202) 566-1742.

    This Federal Register notice, the petitions for reconsideration,
the letters providing the EPA's decision on the reconsideration and the
Response to Comment document can also be found on the EPA's Web site at
http://www.epa.gov/ttn/atw/icengines/. The amendments to the National
Emission Standards for Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion Engines and the Standards of
Performance for Stationary Internal Combustion Engines were published
in the Federal Register on January 30, 2013, at 78 FR 6674. The notice
of reconsideration and request for public comment was published in the
Federal Register on September 5, 2013, at 78 FR 54610.

II. Judicial Review

    Any petitions for review of the letters announcing the EPA's
decision not to propose changes to the regulations in response to the
public comments received on the three issues under reconsideration
described in this Notice must be filed in the U.S. Court of Appeals for
the District of Columbia Circuit by October 14, 2014.

List of Subjects

40 CFR part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

40 CFR part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: August 1, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014-19062 Filed 8-14-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61070-61072]
[FR Doc No: 2017-27702]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82365; File No. SR-NASDAQ-2017-130]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Penny Pilot Program

December 19, 2017.
    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 December 12, 2017, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II, below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Chapter VI, Section 5 (Minimum
Increments) \3\ of the rules of the NASDAQ Options Market (``NOM'') to
extend through June 30, 2018 or the date of permanent approval, if
earlier, the Penny Pilot Program in options classes in certain issues
(``Penny Pilot'' or ``Pilot''), and to change the date when delisted
classes may be replaced in the Penny Pilot.
---------------------------------------------------------------------------

    \3\ References herein to Chapter and Series refer to rules of
the NASDAQ Options Market (``NOM''), unless otherwise noted.
---------------------------------------------------------------------------

    The text of the proposed rule change is set forth below. Proposed
new language is underlined; deleted text is in brackets.
* * * * *

The Nasdaq Stock Market Rules

Options Rules

* * * * *

Chapter VI Trading Systems

* * * * *

Sec. 5 Minimum Increments

    (a) The Board may establish minimum quoting increments for options
contracts traded on NOM. Such minimum increments established by the
Board will be designated as a stated policy, practice, or
interpretation with respect to the administration of this Section
within the meaning of Section 19 of the Exchange Act and will be filed
with the SEC as a rule change for effectiveness upon filing. Until such
time as the Board makes a change in the increments, the following
principles shall apply:
    (1)-(2) No Change.
    (3) For a pilot period scheduled to expire on June 30, 2018
[December 31, 2017] or the date of permanent approval, if earlier, if
the options series is trading pursuant to the Penny Pilot program one
(1) cent if the options series is trading at less than $3.00, five (5)
cents if the options series is trading at $3.00 or higher, unless for
QQQQs, SPY and IWM where the minimum quoting increment will be one cent
for all series regardless of price. A list of such options shall be
communicated to membership via an Options Trader Alert (``OTA'') posted
on the Exchange's website.
    The Exchange may replace any pilot issues that have been delisted
with the next most actively traded multiply listed options classes that
are not yet included in the pilot, based on trading activity in the
previous six months. The replacement issues may be added to the pilot
on the second trading day following January 1, 2018 [July 1, 2017].
    (4) No Change.
    (b) No Change.
* * * * *

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 purpose of this filing is to amend Chapter VI, Section 5, to
extend the Penny Pilot through June 30, 2018 or the date of permanent
approval, if earlier,\4\ and to change the date when delisted classes
may be replaced in the Penny Pilot. The Exchange believes that
extending the Penny Pilot will allow for further analysis of the Penny
Pilot and a determination of how the program should be structured in
the future.
---------------------------------------------------------------------------

    \4\ The options exchanges in the U.S. that have pilot programs
similar to the Penny Pilot (together ``pilot programs'') are
currently working on a proposal for permanent approval of the
respective pilot programs.
---------------------------------------------------------------------------

    Under the Penny Pilot, the minimum price variation for all
participating options classes, except for the Nasdaq-100 Index Tracking
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all
quotations in options series that are quoted at less than $3 per
contract and $0.05 for all quotations in options series that are quoted
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01
increments for all options series. The Penny Pilot is currently
scheduled to expire on December 31, 2017.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 80756 (May 24,
2017), 82 FR 25023 (May 31, 2017) (SR-NASDAQ-2017-049).
---------------------------------------------------------------------------

    The Exchange proposes to extend the time period of the Penny Pilot
through June 30, 2018 or the date of permanent approval, if earlier,
and to provide a revised date for adding replacement issues to the
Penny Pilot. The Exchange proposes that any Penny Pilot Program issues
that have been delisted may be replaced on the second trading day
following January 1, 2018. The replacement issues will be selected
based on trading activity in the previous six months.\6\
---------------------------------------------------------------------------

    \6\ The replacement issues will be announced to the Exchange's
membership via an Options Trader Alert (OTA) posted on the
Exchange's website. Penny Pilot replacement issues will be selected
based on trading activity in the previous six months, as is the case
today. The replacement issues would be identified based on The
Options Clearing Corporation's trading volume data. For example, for
the January replacement, trading volume from May 30, 2017 through
November 30, 2017 would be analyzed. The month immediately preceding
the replacement issues' addition to the Pilot Program (i.e.,
December) would not be used for purposes of the six-month analysis.
---------------------------------------------------------------------------

    This filing does not propose any substantive changes to the Penny
Pilot Program; all classes currently participating in the Penny Pilot
will remain the same and all minimum increments will remain unchanged.
The Exchange believes the benefits to public customers and other market
participants who will be able to express their true prices to buy and
sell options have been demonstrated to outweigh the potential increase
in quote traffic.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ 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 facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed rule change, which extends the Penny
Pilot for an additional six months through June 30, 2018 or the date of
permanent approval, if earlier, and changes the date for replacing
Penny Pilot issues that were delisted to the second trading day
following January 1, 2018, will enable public customers and other
market participants to express their true prices to buy and sell
options for the benefit of all market participants. This is consistent
with the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, this proposal
is pro-competitive because it allows Penny Pilot issues to continue
trading on the Exchange.
    Moreover, the Exchange believes that the proposed rule change will
allow for further analysis of the Pilot and a determination of how the
Pilot should be structured in the future; and will serve to promote
regulatory clarity and consistency, thereby reducing burdens on the
marketplace and facilitating investor protection.
    The Pilot is an industry-wide initiative supported by all other
option exchanges. The Exchange believes that extending the Pilot will
allow for continued competition between market participants on the
Exchange trading

similar products as their counterparts on other exchanges, while at the
same time allowing the Exchange to continue to compete for order flow
with other exchanges in option issues trading as part of the Pilot.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing.\12\ However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the
Commission may designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because doing so will allow the Pilot Program to continue without
interruption in a manner that is consistent with the Commission's prior
approval of the extension and expansion of the Pilot Program and will
allow the Exchange and the Commission additional time to analyze the
impact of the Pilot Program. Accordingly, the Commission designates the
proposed rule change as operative upon filing with the Commission.\14\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NASDAQ-2017-130 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2017-130. 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-NASDAQ-2017-130 and
should be submitted on or before January 16, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-27702 Filed 12-22-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Proposed Rules]
[Page 72748]
[FR Doc No: 2014-28645]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73718; File No. SR-NYSEMKT-2014-86]

Self-Regulatory Organizations; NYSE MKT LLC.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Remove the Exchange's Quote Mitigation Plan as Provided by
Rule 970.1NY

December 2, 2014.
    On October 2, 2014, NYSE MKT LLC, (``NYSE MKT'' or ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
remove the Exchange's quote mitigation plan as provided by 970.1NY. The
proposed rule change was published for comment in the Federal Register
on October 21, 2014.\3\ The Commission received no comments on the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 73367 (October 15,
2014), 79 FR 63009.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is December 5, 2014. The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change. The proposed
rule change, if approved, would remove the Exchange's quote mitigation
plan as provided by Exchange Rule 970.1NY.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates January 19, 2015, as the date by which the
Commission should either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-NYSEMKT-2014-86).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28645 Filed 12-5-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27668-27669]
[FR Doc No: 2022-09845]

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

[SEC File No. 270-147, OMB Control No. 3235-0131]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:

    Rule 17a-7

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17a-7 (17 CFR 240.17a-7)
under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Exchange Act''). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule 17a-7 requires a non-resident broker-dealer (generally, a
broker-dealer with its principal place of business in a place not
subject to the jurisdiction of the United States) registered or
applying for registration pursuant to Section 15 of the Exchange Act to
maintain--in the United States--complete and current copies of books
and records required to be maintained under any rule adopted under the
Exchange Act and furnish to the Commission a written notice specifying
the address where the copies are located. Alternatively, Rule 17a-7
provides that non-resident broker-dealers may file with the Commission
a written undertaking to furnish the requisite books and records to the
Commission upon demand within 14 days of the demand.
    There are approximately 30 non-resident brokers and dealers. Based
on the Commission's experience, the Commission estimates that the
average amount of time necessary to comply with Rule 17a-7 is one hour
per year. Accordingly, the total industry-wide reporting burden is
approximately 30 hours per year. Assuming an average cost per hour of
approximately $319 for a compliance manager, the total internal

cost of compliance for the respondents is approximately $9,570 per
year.\1\
---------------------------------------------------------------------------

    \1\ $319 per hour for a compliance manager is from SIFMA's
Management & Professional Earnings in the Securities Industry 2013,
modified by Commission staff for an 1800-hour work-year, multiplied
by 5.35 to account for bonuses, firm size, employee benefits, and
overhead, and adjusted for inflation.
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the Commission's estimate of the burden of
the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted by July 8, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email to:
[email protected].

    Dated: May 3, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-09845 Filed 5-6-22; 8:45 am]
BILLING CODE 8011-01-P