[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Proposed Rules]
[Pages 88854-88856]
[FR Doc No: 2023-28308]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2360; Airspace Docket No. 23-AEA-24]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Huntington, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace and E airspace
extending upward from 700 feet above the surface for Tri-State/Milton
J. Ferguson Field, Huntington, WV, and removes unnecessary verbiage
from the descriptor header.

DATES: Comments must be received on or before February 9, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2360 and
Airspace Docket No. 23-AEA-24 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions to send your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except for Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov anytime. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building

Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except for Federal holidays.
    FAA Order JO 7400.11H Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Justin T. Rhodes, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; 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 would amend Class D and E airspace in Huntington, WV. An airspace
evaluation determined that this update is necessary to support IFR
operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the proposal's overall regulatory,
aeronautical, economic, environmental, and energy-related aspects. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should submit only once if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives and a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible without incurring expense
or delay. The FAA may change this proposal in light of the comments it
receives.
    Privacy: In accordance with 5 U.S.C. 553(c), the DOT solicits
comments from the public to improve its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except for Federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except on federal holidays at the
office of the Eastern Service Center, Federal Aviation Administration,
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Incorporation by Reference

    Class D and Class E airspace designations are published in
Paragraphs 5000 and 6005 of FAA Order JO 7400.11, Airspace Designations
and Reporting Points, which is incorporated by reference in 14 CFR 71.1
annually. This document proposes to amend the current version of that
order, FAA Order JO 7400.11H, dated August 11, 2023, effective
September 15, 2023. These updates will be published in the next FAA
Order JO 7400.11 update. That order is publicly available as listed in
the ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class D
airspace by adding that airspace extending upward from the surface
within 1 mile on each side of the Tri-State/Milton J. Ferguson Field
112[deg] bearing extending from the 4-mile radius to 5.7 southeast of
the airport and 292[deg] bearing from the airport extending from the 4-
mile radius to 5.8 miles northwest of the airport.
    The Class E airspace extending from 700 feet above the surface
would be amended by increasing the radius to 8.3 miles (previously 8.2
miles) and adding that airspace within 2 miles on each side of the Tri-
State/Milton J. Ferguson Field 112[deg] bearing extending from the 8.3-
mile radius to 10.2 miles southeast of the airport.
    The Tri-State/Milton J. Ferguson Field Class D and Class E airspace
would be amended, in accordance with the 7400.2, by removing the city
name from the descriptor header.
    Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations in the area.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis per FAA
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,''
before any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA WV D, Huntington, WV [Amended]

Tri-State/Milton J. Ferguson Field, WV
    (Lat. 38[deg]22'00'' N, long. 82[deg]33'29'' W)

    That airspace extending upward from the surface to and including
3,400 feet MSL within a 4-mile radius of Tri-State/Milton J.
Ferguson Field and 1 mile each side of the airport's 292[deg]
bearing extending from the 4-mile radius to 5.8 miles northwest of
the airport and 1 mile each side of the airport's 112[deg] bearing
extending from the 4-mile radius to 5.7 miles southeast of the
airport.
* * * * *

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

* * * * *

AEA WV E5, Huntington, WV [Amended]

Tri-State/Milton J. Ferguson Field, WV
    (Lat. 38[deg]22'01'' N, long. 82[deg]33'31'' W)

    That airspace extending upward from 700 feet above the surface
within an 8.3-mile radius of the Tri-State/Milton J Ferguson Field
Airport and 2 miles on each side of the airport's 112[deg] bearing
extending from the 8.3-mile radius to 10.2 miles southeast of the
airport.
* * * * *

    Issued in College Park, Georgia, on December 18, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-28308 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Notices]
[Pages 24109-24114]
[FR Doc No: 2021-09281]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91696; File No. SR-Phlx-2021-24]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to the Exchange's
Pricing Schedule at Options 7 To Adopt Pricing for Index Options on the
Nasdaq 100 Micro Index

April 28, 2021.
    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 April 15, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Pricing Schedule at
Options 7 to adopt pricing for index options on the Nasdaq 100 Micro
Index, as described further below.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange recently received approval to list index options on
the Nasdaq 100 Micro Index (``XND'') on a pilot basis.\3\ XND will be
same in all respects as the current Nasdaq 100 Index options contract
(``NDX'') listed on the Exchange, except it will be based on 1/100th of
the value of Nasdaq 100 Index, and will be P.M. settled with an
exercise settlement value based on the closing index value of Nasdaq
100 Index on the day of expiration.\4\ The Exchange will begin to list
XND on April 15, 2021.
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    \3\ See Securities Exchange Act Release No. 91524 (April 9,
2021) (SR-Phlx-2021-07).
    \4\ Id. The Exchange notes that similar features are available
with other index options contracts listed on the Exchange, including
P.M. settled options on the full value of the Nasdaq-100 Index
(``NDXP'').
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    The Exchange now proposes to amend its Pricing Schedule to adopt
pricing for XND. By way of background, certain proprietary products
such as NDX and NDXP are commonly excluded from a variety of fee
programs. The Exchange notes that the reason for such exclusion is
because the Exchange has expended considerable resources developing and
maintaining its proprietary products. Similar to NDX and NDXP, XND is a
proprietary product. As such, the Exchange proposes to establish
transaction fees for XND that are similarly structured to the
transaction fees for NDX and NDXP with some differences as noted below.
The Exchange also proposes to exclude XND from several pricing programs
in the same manner as which NDX and NDXP are excluded today.

Options 7, Section 1.B
    Today, the Customer \5\ Rebates in Section 1.B of the Pricing
Schedule are not paid on NDX or NDXP in any rebate category. However,
NDX or NDXP contracts count toward the volume requirement to qualify
for a Customer Rebate Tier. The Exchange proposes to apply the Customer
Rebate program in the same manner for XND.
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    \5\ The term ``Customer'' applies to any transaction that is
identified by a member or member organization for clearing in the
Customer range at The Options Clearing Corporation (``OCC'') which
is not for the account of a broker or dealer or for the account of a
``Professional'' (as that term is defined in Options 1, Section
1(b)(45)).
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Options 7, Section 4
Options Transaction Charges and Surcharges
    Today, as set forth in Options 7, Section 4, electronic (both
simple and complex orders) and floor Options Transaction Charges for
NDX and NDXP are $0.75 per contract for all Non-Customers.\6\ No
Options Transaction Charges for NDX and NDXP apply to Customers.
Furthermore, a $0.25 per contract surcharge is assessed to Non-
Customers in NDX and NDXP.
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    \6\ The term ``Non-Customer'' applies to transactions for the
accounts of Lead Market Makers, Market Makers, Firms, Professionals,
Broker-Dealers and JBOs.
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    The Exchange now proposes to establish a similar pricing structure
for XND where all Non-Customers will be assessed a uniform Options
Transaction Charge for electronic (simple and complex orders) and floor
transactions, and Customers will not be assessed any Options
Transaction Charges. Specifically, the Exchange proposes to assess Non-
Customers a uniform electronic and floor Options Transaction Charge of
$0.10 per contract in XND. As noted above, Customers will receive free
executions in XND. The Exchange also proposes to assess Non-Customers a
surcharge of $0.10 per contract in XND. The Exchange is proposing to
assess a lower Options Transaction Charge and surcharge for XND as
compared to NDX and NDXP because XND is based on 1/100 of the value of
the Nasdaq 100 Index whereas both NDX and NDXP are based on the full
value of the Nasdaq 100 Index. The Exchange therefore seeks to assess
corresponding reduced fees for XND.
Fee Programs
    Today, NDX and NDXP are excluded from a variety of fee programs in
Options 7, Section 4. The Exchange proposes to update Options 7,
Section 4 to similarly exclude XND from these fee programs.
    NDX and NDXP are currently excluded from the $0.12 per contract
surcharge assessed to electronic Complex Orders that remove liquidity
from the Complex Order Book and auctions, excluding PIXL, in Non-Penny
Symbols.\7\ The Exchange proposes to extend this exclusion to XND.
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    \7\ See Options 7, Section 4, note 7. The Exchange notes that
XND, like NDX and NDXP, is a Non-Penny Symbol.
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    Today, Lead Market Makers \8\ and Market Makers \9\ are subject to
a ``Monthly Market Maker Cap'' of $500,000 for: (i) Electronic Option
Transaction Charges, excluding surcharges and excluding options
overlying NDX and NDXP; and (ii) QCC Transaction Fees (as defined in
Exchange Options 3, Section 12 and Floor QCC Orders, as defined in
Options 8, Section 30(e)). The Exchange proposes to similarly exclude
XND from the Monthly Market Maker Cap.
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    \8\ The term ``Lead Market Maker'' applies to transactions for
the account of a Lead Market Maker (as defined in Options 2, Section
12(a)).
    \9\ The term ``Market Maker'' is defined in Options 1, Section
1(b)(28) as a member of the Exchange who is registered as an options
Market Maker pursuant to Options 2, Section 12(a).
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    Today, Firms \10\ are subject to a maximum fee of $75,000
(``Monthly Firm Fee Cap'') where Firm Floor Option Transaction Charges
and QCC Transaction Fees, in the aggregate, for one billing month will
not exceed the Monthly Firm Fee Cap per member organization when such
members are trading in their own proprietary account. NDX and NDXP
transactions are currently excluded from the Monthly Firm Fee Cap. The
Exchange proposes to likewise exclude XND transactions from the Monthly
Firm Fee Cap.
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    \10\ The term ``Firm'' applies to any transaction that is
identified by a member or member organization for clearing in the
Firm range at OCC.
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    Today, the Exchange waives the Firm Floor Options Transaction
Charges in Options 7, Section 4 for members executing facilitation
orders pursuant to Options 8, Section 30 when such members are trading
in their own proprietary account (including Cabinet Options Transaction
Charges). The Firm Floor Options Transaction Charges will be waived for
the buy side of a transaction if the same member or its affiliates
under Common Ownership \11\ represents both sides of a Firm transaction
when such members are trading in their own proprietary account. In
addition, the Broker-Dealer \12\ Floor Options Transaction Charge
(including Cabinet Options Transaction Charges) will be waived for
members executing facilitation orders pursuant to Options 8, Section 30
when such members would otherwise incur this charge for trading in
their own proprietary account contra to a Customer (``BD-Customer
Facilitation''), if the member's BD-Customer Facilitation average daily
volume (including both FLEX and non-FLEX transactions) exceeds 10,000
contracts per day in a given month.\13\ NDX and NDXP transactions are
currently excluded from each of the waivers set forth in the above
paragraph. The Exchange proposes to likewise exclude XND transactions
from the foregoing waivers.
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    \11\ The term ``Common Ownership'' shall mean members or member
organizations under 75% common ownership or control.
    \12\ The term ``Broker-Dealer'' applies to any transaction which
is not subject to any of the other transaction fees applicable
within a particular category.
    \13\ The Exchange will correct the typo in the rule text from
``BDCustomer Facilitation'' to ``BD-Customer Facilitation.''
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    Today, transactions in NDX and NDXP are excluded from the
``Strategy Caps'' in Options 7, Section 4. Strategy Caps limit the fees
that otherwise apply to certain categories of market participants when
they engage in floor options transactions while employing strategies
set forth in the Pricing Schedule, namely dividend, merger, short stock
interest, reversal and conversion, jelly roll, or box spread
strategies. The Exchange proposes to likewise exclude transactions in
XND from Strategy Caps.
    Today, no Marketing Fees are assessed on transactions in NDX or
NDXP. The Exchange proposes to likewise exclude XND transactions from
the Marketing Fees.
Options 7, Section 6
PIXL Pricing
    Today, options overlying NDX and NDXP are not subject to Options 7,
Section 6.A. PIXL Pricing.\14\ The Exchange proposes to likewise
exclude XND from PIXL Pricing in Options 7, Section 6.A. Like NDX and
NDXP transactions, XND transactions in PIXL will be subject to Options
7, Section 5.A pricing.\15\
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    \14\ The Exchange will remove the stray comma from the rule
text.
    \15\ As discussed later in this filing, the Exchange is also
proposing to relocate NDX and NDXP pricing from Options 7, Section 4
into a separate schedule with XND pricing within Options 7, Section
5.A. Accordingly, the current reference to Options 7, Section 4 NDX
and NDXP pricing within the PIXL pricing schedule will be updated to
Options 7, Section 5.A.
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FLEX Transaction Fees
    Today, FLEX options are assessed the transaction fees set forth in
Options 7,

Section 6.B.\16\ Pursuant to this Section 6.B, the NDX and NDXP options
surcharge of $0.25 per contract applies to FLEX NDX and NDXP options
for all Non-Customers.\17\ Furthermore, the NDX and NDXP Options
Transaction Charges of $0.75 per contract (Non-Customer) and $0.00 per
contract (Customer) currently within Options 7, Section 4 apply to FLEX
NDX and NDXP options.\18\
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    \16\ The characteristics of a FLEX option are described in
Options 8, Section 34.
    \17\ The Exchange will correct the typo in the rule text from
``Section 6, B'' to ``Section 6.B.''
    \18\ See supra note 15. All current references to Options 7,
Section 4 NDX and NDXP pricing within the FLEX transaction fees
schedule will be updated to Options 7, Section 5.A.
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    The Exchange proposes to charge FLEX XND options in a similar
manner. Specifically, the Exchange will apply the proposed XND options
surcharge of $0.10 per contract to Non-Customers in FLEX XND options.
Further, the Exchange will apply the proposed XND Options Transaction
Charges of $0.10 per contract (Non-Customer) and $0.00 per contract
(Customer) to FLEX XND options.
Market Access and Routing Subsidy (``MARS'')
    Today, as set forth in Options 7, Section 6.E, the Exchange
provides MARS Payments to Phlx members that have System Eligibility
\19\ and have routed the requisite number of Eligible Contracts \20\
daily in a month, which were executed on Phlx. Currently, NDX and NDXP
are not considered Eligible Contracts. Under this proposal, XND will
likewise be excluded from Eligible Contracts.
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    \19\ To qualify for MARS, a Phlx member's routing system
(``hereinafter System'') would be required to: (1) Enable the
electronic routing of orders to all of the U.S. options exchanges,
including Phlx; (2) provide current consolidated market data from
the U.S. options exchanges; and (3) be capable of interfacing with
Phlx's API to access current Phlx match engine functionality.
Further, the member's System would also need to cause Phlx to be the
one of the top five default destination exchanges for individually
executed marketable orders if Phlx is at the national best bid or
offer (``NBBO''), regardless of size or time, but allow any user to
manually override Phlx as a default destination on an order-by-order
basis. Notwithstanding the above, with respect to Complex Orders a
Phlx member's routing system would not be required to enable the
electronic routing of orders to all of the U.S. options exchanges or
provide current consolidated market data from the U.S. options
exchanges. Any Phlx member would be permitted to avail itself of
this arrangement, provided that its order routing functionality
incorporates the features described above and satisfies Phlx that it
appears to be robust and reliable. The member remains solely
responsible for implementing and operating its system.
    \20\ For the purpose of qualifying for the MARS Payment,
Eligible Contracts include the following: Firm, Broker-Dealer, Joint
Back Office or ``JBO'' or Professional equity option orders that are
electronically delivered and executed. Eligible Contracts do not
include floor-based orders, qualified contingent cross or ``QCC''
orders, price improvement or ``PIXL'' orders, or Singly Listed
Orders.
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Options 7, Section 5
    In connection with the foregoing changes to adopt pricing for XND,
the Exchange proposes to relocate the pricing for NDX and NDXP and
related notes presently set forth in Options 7, Section 4 regarding the
Options Transaction Charges and the Non-Customer surcharge, and to
group them with the proposed Options Transaction Charges and proposed
Non-Customer surcharge for XND.\21\ The Exchange proposes to set forth
the foregoing fees in new Section 5.A of Options 7, and title this
section ``Broad-Based Index Options.'' As proposed, the pricing
schedule in Options 7, Section 5.A, which will apply to electronic
(simple and complex orders) and floor transactions, will be as follows:
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    \21\ In particular, note 5 will be deleted in Options 7, Section
4 and relocated into new note 1 in Options 7, Section 5.A. Further,
the note 8 language in Options 7, Section 4 will be copied into a
new bullet point in Options 7, Section 5.A.

                                           Options Transaction Charges
----------------------------------------------------------------------------------------------------------------
                                                                    Lead market
             Symbol                  Customer      Professional      maker and     Broker-dealer       Firm
                                                                   market maker
----------------------------------------------------------------------------------------------------------------
NDX \1\.........................           $0.00           $0.75           $0.75           $0.75           $0.75
NDXP \1\........................            0.00            0.75            0.75            0.75            0.75
XND \2\.........................            0.00            0.10            0.10            0.10            0.10
----------------------------------------------------------------------------------------------------------------
 These fees are per contract.
 Floor transaction fees will apply to any ``as of'' or ``reversal'' adjustments for manually processed
  trades originally submitted electronically or through FBMS.
\1\ A surcharge for NDX and NDXP of $0.25 per contract will be assessed to Non-Customers.
\2\ A surcharge for XND of $0.10 per contract will be assessed to Non-Customers.

    As shown above, the rates for NDX and NDXP are not changing;
rather, the existing Options Transaction Charges and Non-Customer
surcharges in Options 7, Section 4 are being relocated into Options 7,
Section 5.A and grouped together with the proposed pricing for XND. The
Exchange considers it appropriate to separate out NDX, NDXP, and XND
pricing in the manner described above so that Phlx's pricing for these
index options may be easily located within its Pricing Schedule. For
the sake of clarity, the Exchange also proposes to amend the Options
Transaction Charge header for Non-Penny Symbols in Options 7, Section
4, which already excludes NDX and NDXP, to add XND to the list of
excluded Non-Penny Symbols that will not be subject to this fee. The
Exchange further proposes to amend its Pricing Schedule to update all
current references to Options 7, Section 4 NDX and NDXP pricing to
Options 7, Section 5.A.\22\
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    \22\ In particular, the Exchange will update references within
Options 7, Sections 6.A and 6.B.
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    The Exchange also proposes non-substantive, clean-up changes in
Options 7, Section 5 to restructure the existing rule text. With the
changes proposed above to add new Section 5.A of Options 7 to set forth
NDX, NDXP, and XND pricing, the Exchange proposes to set forth Singly
Listed Options pricing in new Section 5.B. The Exchange also proposes
to set forth FX Options pricing in new Section 5.C, and further
proposes to relocate the language regarding U.S. dollar-settled foreign
currency options into the new Section 5.C header. Accordingly, new
Section 5.C will be titled, ``FX Options: U.S. dollar-settled foreign
currency options include XDB, XDE, XDN, XDS, XDA, XDZ and XDC.'' The
Exchange is not amending any of the existing rates for Singly Listed
Options or FX Options with this proposal. Lastly, the Exchange proposes
to retitle Options 7, Section 5 as ``Index and Singly Listed Options
(Includes options overlying FX Options, equities, ETFs, ETNs, and
indexes not listed on another exchange).''

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\23\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\24\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(4) and (5).
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Options 7, Section 1.B
    The Exchange's proposal to not pay the Customer Rebates in Options
7, Section 1.B on XND, but to count XND volume toward qualifying for a
Customer Rebate Tier, similar to NDX and NDXP, is reasonable because
the Exchange seeks to treat XND in the same manner as NDX and NDXP
under this rebate program. NDX, NDXP, and XND represent similar options
on the same underlying Nasdaq 100 Index. Further, it is reasonable to
not pay Customer Rebates on XND in any rebate category because this
index option will be exclusively listed on Phlx only. The original
intent of the Customer Rebate Program was to pay rebates on
electronically-delivered multiply-listed options. By definition, XND
will not be a multiply-listed option, and the Exchange does not desire
to pay rebates on XND because of the exclusivity of this option. While
the Exchange will not pay any Customer Rebates on XND transactions, the
Exchange also believes it is reasonable to count XND in the total
volume to qualify a market participant for these rebates as market
participants would be incentivized to transact in XND to qualify for
the Customer Rebate Tiers.
    The Exchange believes that its proposal to not pay Customer Rebates
on XND, but to count XND volume toward the volume requirement to
qualify for a rebate tier is equitable and not unfairly discriminatory
because the Exchange would apply the rebate program as described
uniformly for all market participants. Any market participant is
eligible to earn a Customer Rebate.
Options 7, Section 4
Options Transaction Charges and Surcharges
    The Exchange believes it is reasonable to assess the proposed
Options Transaction Charge and Non-Customer surcharge as discussed
above for XND because the proposed pricing reflects the exclusive and
proprietary nature of this product. Similar to NDX and NDXP, the
Exchange seeks to recoup the operational costs for listing proprietary
products.\25\ Also, pricing by symbol is a common practice on many U.S.
options exchanges as a means to incentivize order flow to be sent to an
exchange for execution in particular products. Other options exchanges
price by symbol.\26\ Further, the Exchange notes that with its
products, market participants are offered an opportunity to transact in
NDX, NDXP, or XND, or separately execute options overlying PowerShares
QQQ Trust (``QQQ'').\27\ Offering such proprietary products provides
market participants with a variety of choices in selecting the product
they desire to utilize in order to transact in the Nasdaq 100 Index.
When exchanges are able to recoup costs associated with offering
proprietary products, it incentivizes growth and competition for the
innovation of additional products.
---------------------------------------------------------------------------

    \25\ By way of example, in analyzing an obvious error, the
Exchange would have additional data points available in establishing
a theoretical price for a multiply listed option as compared to a
proprietary product, which requires additional analysis and
administrative time to comply with Exchange rules to resolve an
obvious error.
    \26\ See pricing for the Mini-RUT Index options (``MRUT'') on
Cboe Exchange, Inc.'s Fees Schedule.
    \27\ QQQ is an exchange-traded fund based on the same Nasdaq 100
Index as NDX, NDXP, and XND.
---------------------------------------------------------------------------

    Further, the Exchange believes that the proposed rates for XND are
reasonable because they are well within the range of fees assessed for
the Exchange's other proprietary products, namely NDX and NDXP.\28\ The
Exchange believes it is reasonable to charge lower rates for XND
compared to NDX and NDXP because XND is based on 1/100 of the value of
the Nasdaq 100 Index while both NDX and NDXP are based on the full
value of the Nasdaq 100 Index. The Exchange therefore seeks to assess
corresponding reduced fees for this product.
---------------------------------------------------------------------------

    \28\ Specifically, the Exchange is proposing to assess Non-
Customers an Options Transaction Charge of $0.10 per contract in XND
while Customers will receive free executions. Today, the Exchange
assesses Non-Customers an Options Transaction Charge of $0.75 per
contract for both NDX and NDXP, and does not assess Customers an
Options Transaction Charge. Additionally, the Exchange is proposing
to assess Non-Customers a surcharge of $0.10 per contract for XND
whereas today, Non-Customers are assessed a surcharge of $0.25 per
contract for NDX and NDXP.
---------------------------------------------------------------------------

    The Exchange's proposal to assess the $0.10 per contract Options
Transaction Charge in XND is equitable and not unfairly discriminatory
because the Exchange will assess this fee uniformly to all Non-
Customers. The Exchange similarly believes that the proposed $0.10 per
contract XND surcharge is equitable and not unfairly discriminatory
because it will apply uniformly to all Non-Customers. The Exchange
believes it is equitable and not unfairly discriminatory to assess no
transaction fees to Customers for XND because Customer orders bring
valuable liquidity to the market, which liquidity benefits other market
participants. Customer liquidity benefits all market participants by
providing more trading opportunities, which attracts Lead Market Makers
and Market Makers. An increase in the activity of these market
participants in turn facilitates tighter spreads, which may cause an
additional corresponding increase in order flow from other market
participants.
Fee Programs
    The Exchange believes that the proposed updates in Options 7,
Section 4 in connection with the application of certain fee programs to
XND are reasonable, equitable, and not unfairly discriminatory.
Particularly, the Exchange believes that it is reasonable to exclude
XND from the Non-Penny complex surcharge in note 7 of Options 7,
Section 4, Monthly Market Maker Cap, Monthly Firm Fee Cap, Floor
Options Transaction Charge waivers, Strategy Caps, and Marketing Fees
in the same manner in which NDX and NDXP are currently excluded from
the same programs today. The Exchange believes it is appropriate to
update these fee programs in a manner that similarly situates XND with
NDX and NDXP as these are all proprietary products that are based on
the Nasdaq 100 Index. In addition, similar to NDX and NDXP, the
Exchange seeks to recoup the operational costs for listing proprietary
products by excluding XND from programs that cap or waive transaction
fees for market participants. As it relates to the Marketing Fee, the
Exchange believes it is reasonable to exclude XND from this fee,
similar to NDX and NDXP today, because the purpose of the Marketing Fee
is to generate more Customer order flow to the Exchange. Because XND
will be an exclusively listed product on Phlx, the Exchange does not
believe that applying a marketing fee is necessary for this product.
    The Exchange's proposal to exclude XND from the various fee
programs in Options 7, Section 4 as discussed above is equitable and
not unfairly discriminatory because the programs will equally exclude
in the same manner all market participants' orders in XND. The Exchange
notes that its proposal does not alter any of the existing fee
programs, but instead merely proposes to exclude XND in

those programs in the same way that NDX and NDXP are currently
excluded.
Options 7, Section 6
PIXL Pricing
    The Exchange's proposal to exclude XND from PIXL pricing in Options
7, Section 6.A, and instead assess XND transactions in PIXL the
proposed Options 7, Section 5.A pricing is reasonable because the
Exchange intends to assess the same fees across the board for XND
transactions (i.e., $0.10 per contract for Non-Customers and free
executions for Customers). This will align the pricing structure for
XND with NDX and NDXP, which are currently assessed the same $0.75 per
contract Non-Customer fee across the board while Customers receive free
executions.
    The proposed changes are equitable and not unfairly discriminatory
because the Exchange will uniformly exclude NDXP from PIXL pricing for
all market participants, and instead uniformly charge them the Options
7, Section 5.A pricing.
FLEX Transaction Fees
    The Exchange believes that its proposal to assess FLEX XND options
the Options Transaction Charge and Non-Customer options surcharge in
Options 7, Section 5.A is reasonable because the Exchange intends to
assess the same fees across the board for XND transactions.
Specifically, the Exchange will apply the proposed XND options
surcharge of $0.10 per contract to Non-Customers in FLEX XND options.
Further, the Exchange will apply the proposed XND Options Transaction
Charges of $0.10 per contract (Non-Customer) and $0.00 per contract
(Customer) to FLEX XND options. FLEX NDX and NDXP options are likewise
assessed the same Options Transaction Charge and Non-Customer options
surcharge that NDX and NDXP options are assessed today. The Exchange's
proposal is equitable and not unfairly discriminatory because the
Exchange will uniformly apply these fees to FLEX NDX and NDXP options
to all similarly situated market participants.
MARS
    The Exchange believes it is reasonable to exclude XND from Eligible
Contracts for purposes of qualifying for a MARS Payment in the same
manner in which NDX and NDXP are currently excluded today. The Exchange
believes it is appropriate to update its MARS program in a manner that
similarly situates XND with its other proprietary products, NDX and
NDXP, which are all based on the Nasdaq 100 Index.
    The Exchange believes that its proposal is equitable and not
unfairly discriminatory because the Exchange will uniformly exclude XND
from MARS for all market participants.
Options 7, Section 5
    The Exchange believes that the proposed changes to relocate and
group the transaction fees for NDX, NDXP, and XND within Options 7,
Section 5.A, and all of the non-substantive changes related to the
relocation, each as discussed above, are reasonable, equitable, and not
unfairly discriminatory. The proposed changes are all intended to bring
greater clarity, and will ensure that the Exchange's pricing for NDX,
NDXP, and XND may be easily located within its Pricing Schedule. The
Exchange further believes that the proposed non-substantive changes in
Options 7, Section 5 to restructure the existing rule text and retitle
various section headers are reasonable, equitable, and not unfairly
discriminatory as they will facilitate the use of the Pricing Schedule
by market participants.

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. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. The Exchange notes that with its products, market
participants are offered an opportunity to transact in NDX, NDXP, or
XND, or separately execute options overlying QQQ. Offering these
products provides market participants with a variety of choices in
selecting the product they desire to utilize to transact in the Nasdaq
100 Index.
    Further, the Exchange does not believe that the proposed rule
change will impose any burden on intra-market competition that is not
necessary or appropriate in furtherance of the purposes of the Act
because the proposed XND pricing will apply uniformly to all similarly
situated market participants. Specifically, all Non-Customers will be
assessed a uniform Options Transaction Charge and options surcharge
while Customers receive free executions. As discussed above, Customer
liquidity benefits all market participants by providing more trading
opportunities, which attracts other market participants, thus
facilitating tighter spreads and increased order flow.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\29\
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2021-24 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-Phlx-2021-24. 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-
Phlx-2021-24 and should be submitted on or before May 26, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-09281 Filed 5-4-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Rules and Regulations]
[Pages 31834-31836]
[FR Doc No: 2015-13632]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 150304211-5211-01]
RIN 0694-AG55

Addition of Certain Person to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding one person to the
Entity List. The person who is added to the Entity List is located in
Ecuador and has been determined by the U.S. Government to be acting
contrary to the national security or foreign policy interests of the
United States. This person will be listed on the Entity List under the
destination of Ecuador.

DATES: Effective Date: This rule is effective June 4, 2015.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Fax:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List notifies the public about entities that have
engaged in activities that could result in an

increased risk of the diversion of exported, reexported or transferred
(in-country) items to weapons of mass destruction (WMD) programs. Since
its initial publication, grounds for inclusion on the Entity List have
expanded to include activities sanctioned by the State Department and
activities contrary to U.S. national security or foreign policy
interests. Certain exports, reexports, and transfers (in-country) to
entities identified on the Entity List require licenses from BIS and
are usually subject to a policy of denial. The availability of license
exceptions in such transactions is very limited. The license review
policy for each entity is identified in the license review policy
column on the Entity List and the availability of license exceptions is
noted in the Federal Register notices adding persons to the Entity
List. BIS places entities on the Entity List based on certain sections
of part 744 (Control Policy: End-User and End-Use Based) and part 746
(Embargoes and Other Special Controls) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
all decisions to remove or modify an entry by unanimous vote. This rule
implements a decision of the Advisory Committee on Export Policy
(ACEP), which the ERC has deemed to also be the decision of the ERC in
this matter, to approve this change to the Entity List.

ERC Entity List Decision

Addition to the Entity List

    Under Sec.  744.11(b) (Criteria for revising the Entity List) of
the EAR, persons for whom there is reasonable cause to believe, based
on specific and articulable facts, have been involved, are involved, or
pose a significant risk of being or becoming involved in, activities
that are contrary to the national security or foreign policy interests
of the United States and those acting on behalf of such persons may be
added to the Entity List. The person being added to the Entity List has
been determined to be involved in activities that are contrary to the
national security or foreign policy interests of the United States.
Paragraphs (b)(1) through (b)(5) of Sec.  744.11 include an
illustrative list of activities that could be contrary to the national
security or foreign policy interests of the United States.
    The Departments represented on the ERC, by way of a decision of the
ACEP, which the ERC has deemed to also be the decision of the ERC in
this matter, determined that the person being added to the Entity List
under the destination of Ecuador has been involved in activities
contrary to the national security and foreign policy interests of the
United States. There is reasonable cause to believe that the
Corporacion Nacional de Telecommunicaciones (CNT), the state-owned
telecommunications utility in Ecuador, has been involved, is involved,
or poses a significant risk of being or becoming involved in,
activities that are contrary to the foreign policy interests of the
United States as defined in Sec.  744.11(b) of the EAR.
    Pursuant to Sec.  744.11(b) of the EAR, the Departments represented
on the ERC by way of a decision of the ACEP, which the ERC has deemed
to also be the decision of the ERC in this matter, determined that the
conduct of this person raises sufficient concern that prior review of
exports, reexports, or transfers (in-country) of items subject to the
EAR involving this person, and the possible imposition of license
conditions or license denials on shipments to the person, will enhance
BIS's ability to prevent violations of the EAR.
    For the one person added to the Entity List, BIS imposes a license
requirement for any transaction in which items classified under Export
Control Classification Numbers (ECCNs) 5D002 or 5A002 are to be
exported, reexported, or transferred (in-country) to this person or in
which such person acts as purchaser, intermediate consignee, ultimate
consignee, or end-user. The license review policy will be case-by-case
review. In addition, no license exceptions are available for exports,
reexports, or transfers (in-country) to the person being added to the
Entity List in this rule for items classified under ECCNs 5D002 or
5A002.
    This final rule adds the following person to the Entity List:
Ecuador
(1) Corporacion Nacional de Telecommunicaciones (CNT), Avenida Gaspar
de Villaroel Quito, Ecuador; and Avda. Veintimilla, Suite 1149 y
Amazonas, Edificio Estudio Z, Quito, Ecuador.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export or reexport, on June 4, 2015, pursuant to actual orders for
export or reexport to a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export or reexport without a license (NLR).

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222 as amended by Executive Order
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
43.8 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this

rule. You may send comments regarding the collection of information
associated with this rule, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by
email to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to
protect U.S. national security or foreign policy interests by
preventing items from being exported, reexported, or transferred (in
country) to the person being added to the Entity List. If this rule
were delayed to allow for notice and comment and a delay in effective
date, then the entity being added to the Entity List by this action
would continue to be able to receive items without a license and to
conduct activities contrary to the national security or foreign policy
interests of the United States. In addition, publishing a proposed rule
would give this party notice of the U.S. Government's intention to
place them on the Entity List and would create an incentive for this
person to either accelerate receiving items subject to the EAR to
conduct activities that are contrary to the national security or
foreign policy interests of the United States, and/or to take steps to
set up additional aliases, change addresses, and other measures to try
to limit the impact of the listing on the Entity List once a final rule
was published. Further, no other law requires that a notice of proposed
rulemaking and an opportunity for public comment be given for this
rule. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
no regulatory flexibility analysis is required and none has been
prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 7, 2014, 79 FR 46959
(August 11, 2014); Notice of September 17, 2014, 79 FR 56475
(September 19, 2014); Notice of November 7, 2014, 79 FR 67035
(November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January
22, 2015).

0
2. Supplement No. 4 to part 744 is amended by adding in alphabetical
order the destination of Ecuador under the Country Column, and one
Ecuadorian entity to read as follows:

Supplement No. 4 to Part 744--Entity List

----------------------------------------------------------------------------------------------------------------
                                                                              License review    Federal Register
        Country                     Entity             License requirement        policy            citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
ECUADOR................                                         * * * * * *
                         Corporacion Nacional de       For items            Case-by-case       80 FR [INSERT FR
                          Telecommunicaciones (CNT),    classified under     review.            PAGE NUMBER] 6/4/
                          Avenida Gaspar de Villaroel   Export Control                          15.
                          Quito, Ecuador; and Avda.     Classification
                          Veintimilla, Suite 1149 y     Numbers (ECCNs)
                          Amazonas, Edificio Estudio    5D002 or 5A002.
                          Z, Quito, Ecuador.            (See Sec.   744.11
                                                        of the EAR).
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: May 29, 2015.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2015-13632 Filed 6-3-15; 8:45 am]
 BILLING CODE 3510-33-P