[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38335-38337]
[FR Doc No: 2021-15409]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC21-20-000]

Commission Information Collection Activities (FERC-567, FERC-
576); Consolidated Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collections, FERC-567 (Gas Pipeline Certificates: Annual
Reports of System Flow Diagrams) and FERC-576 (Report of Service
Interruptions or Damage to Facilities) which will be submitted to the
Office of Management and Budget (OMB) for a review of the information
collection requirements.

DATES: Comments on the collection of information are due August 19,
2021.

ADDRESSES: Send written comments on FERC-567 and/or FERC-576 to OMB
through www.reginfo.gov/public/do/PRAMain, Attention: Federal Energy
Regulatory Commission Desk Officer. Please identify the OMB control
number (1902-0005 and/or 1902-0004) in the subject line. Your comments
should be sent within 30 days of publication of this notice in the
Federal Register.
    Please submit copies of your comments (identified by Docket No.
IC21-20-000) to the Commission as noted below. Electronic filing
through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions:
    OMB submissions must be formatted and filed in accordance with
submission

guidelines at www.reginfo.gov/public/do/PRAMain; Using the search
function under the ``Currently Under Review field,'' select Federal
Energy Regulatory Commission; click ``submit'' and select ``comment''
to the right of the subject collection.
    FERC submissions must be formatted and filed in accordance with
submission guidelines at: http://www.ferc.gov. For user assistance,
contact FERC Online Support by email at<EMAIL_ADDRESS>or
by phone at:<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>and telephone at<PHONE_NUMBER>.
    Comments: Comments are invited on: (1) Whether the collections of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collections of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collections; and (4) ways to
minimize the burden of the collections of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

SUPPLEMENTARY INFORMATION: The Commission published a 60-day Paperwork
Reduction Act Notice \1\ in the Federal Register on May 11, 2021 and no
comments were received on the renewal of FERC-567 and FERC-576
information collections. Inadvetently, the cost caluations for FERC-576
indicated that it used the 2020 Bureau of Labor Statistics (BLS) costs
estimates when in fact it used the 2021 costs figures. The correct cost
estimated are reflected below. This does not effect any information
related to the collection of FERC-567.
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    \1\ 86 FR 25852.
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    The following information pertains to FERC-567 only.
    Title: FERC-567, Gas Pipeline Certificates: Annual Reports of
System Flow Diagrams.
    OMB Control No.: 1902-0005.
    Type of Request: Three-year extension of the FERC-567 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: Per 18 Code of Federal Regulations (CFR) 260.8(a), each
major interstate natural gas pipeline with a system delivery capacity
exceeding 100,000 Mcf \2\ per day is required to submit, by June 1 of
each year, diagrams reflecting operating conditions on the pipeline's
main transmission system during the previous 12 months ending on
December 31. The submitted information must include (i) configuration
and location of installed pipeline facilities; (ii) receipt and
delivery points between shippers, and pipeline companies; (iii)
location of compressor stations on a pipeline system; (iv) pipeline
diameters; (v) maximum allowable operating pressures; (vi) suction and
discharge pressures at compressor stations; (vii) installed horsepower
and volumes compressed at each compressor station; (viii) existing
shippers currently nominating service under firm contracts on each
pipeline company; and (ix) peak capacity on the system. The data is
collected so that it's available in the event the Commission needs to
confirm pipeline facility data.
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    \2\ Mcf is a unit of measurement for natural gas that equals
1,000 cubic feet.
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    Type of Respondents: Natural gas pipeline companies with a system
delivery capacity in excess of 100,000 Mcf per day.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:
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    \3\ The number of respondents in the currently approved OMB
inventory for FERC-567 is 197. Changes to the estimate were based on
average number of respondents over the past three years.
    \4\ The Commission staff estimates that the average respondent
for FERC-567 is similarly situated to the Commission, in terms of
salary plus benefits. Based on FERC's 2020 annual average of
$172,329 (for salary plus benefits), the average hourly cost is $83/
hour.

                                       FERC-567--Gas Pipeline Certificates: Annual Reports of System Flow Diagrams
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average
                                    Number of    Annual  number                     Average  annual                                        annual  cost
          Respondents              respondents    of responses    Total number     burden & cost per       Total annual burden hours &          per
                                       \3\       per respondent   of responses        response \4\              total annual cost           respondent
                                                                                ($)
                                            (1)             (2)     (1) * (2) =  (4)..................  (3) * (4) = (5).................       (5) / (1)
                                                                            (3)
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Natural Gas Pipelines..........             124               1             124  4 hrs.; $332.........  496 hrs.; $41,168...............            $332
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The following information pertains to FERC-576 only.
    Title: FERC-576, Report of Service Interruptions or Damage to
Facilities.
    OMB Control No.: 1902-0004.
    Type of Request: Three-year extension of the FERC-576 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: Per 18 CFR 260.9, natural gas pipeline companies must
report (i) damage to any jurisdictional natural gas facilities other
than liquefied natural gas facilities caused by a hurricane, earthquake
or other natural disaster or terrorist activity that results in a loss
of or reduction in pipeline throughput or storage deliverability; and
(ii) serious interruptions of service to any shipper involving
jurisdictional natural gas facilities other than liquefied natural gas
facilities.
    The notifications, made to the Director, Division of Pipeline
Certificates via email or fax as soon as feasibly possible, must state:
(1) The location of the service interruption or damage to natural gas
pipeline or storage facilities; (2) The nature of any damage to
pipeline or storage facilities; (3) Specific identification of the
facilities damaged; (4) The time the service interruption or damage to
the facilities occurred; (5) The customers affected by the service
interruption or damage to the facilities; (6) Emergency actions taken
to maintain service; and (7) Company contact and telephone number. The
information provided by these notifications are kept by the Commission
and are not made part of the public record.
    In addition, if an incident requires reporting of the incident to
the Department of Transportation under the Natural Gas Pipeline Safety
Act of 1968, a copy of such report shall be submitted to the Director
of the Commission's

Division of Pipeline Certificates, within 30 days of the reportable
incident. Natural gas companies must also send a copy of submitted
reports to each state commission for the state(s) in which the reported
service interruption occurred. If the Commission did not collect this
information, it would lose a data point that assists in the monitoring
of transactions, operations, and reliability of interstate pipelines.
    Type of Respondents: Natural gas companies experiencing service
interruptions or damage to facilities.
    Estimate of Annual Burden: The Commission estimates the average
annual burden and cost \5\ for this information collection as follows.
Please note that the cost figures in the Table for FERC-576 has been
rounded (columns 4) for display purposes only. The calculations for the
`cost per response' are based on the number of hours multiplied by the
total weight hourly cost.
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    \5\ Costs (for wages and benefits) are based on wage figures
from the Bureau of Labor Statistics (BLS) at http://bls.gov/oes/current/naics3_221000.htm, as of June 2021. In the 60-day notice,
the costs incorrectly reflected 2020 figures rather than the actual
2021 cost estimates. The corrected costs are listed above and does
not impact the renewal notice for FERC-567. Commission staff
estimates that 20% of the work is performed by a manager, and 80% is
performed by legal staff. The hourly costs for wages plus benefits
are:
     Management (Occupational Code: 11-0000) is $97.89.
     Legal (Occupational Code: 23-0000) is $142.25.
    Therefore, the weighted hourly cost (for wages plus benefits) is
$133.38 [(0.20 * $97.89) + (0.80 * $142.25)].

                                                                FERC-576--Report of Service Interruptions or Damage to Facilities
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                                                                                Average
                                             Number of    Annual  number                                                                                annual  cost
                                            respondents    of  responses   Total number     Average annual  burden hrs. & cost  ($)    Total annual burden  hrs. & total  annual        per
                                                \6\             per        of responses                  per response                                    cost                       respondent
                                                            respondent                                                                                ($)
                                                     (1)             (2)     (1) * (2) =  (4).......................................  (3) * (4) = (5)...........................       (5) / (1)
                                                                                (3)
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Notification of Incident--Service                     50               1              50  1 hr.; $133.38............................  50 hrs.; $6,669...........................         $133.38
 Interruption.
Notification of Incident--Damage........              22               1              22  0.25 hrs.; $33.35.........................  5.5 hrs.; $733.59.........................           33.35
Submittal of DOT Incident Report........              10               1              10  0.25 hrs.; $33.35.........................  2.5 hrs.; $333.45.........................           33.35
                                         -------------------------------------------------------------------------------------------------------------------------------------------------------
    Total...............................              82  ..............  ..............  ..........................................  58 hrs.; $7,736.04........................  ..............
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    Dated: July 13, 2021.
Kimberly D. Bose,
Secretary.
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    \6\ The total number of respondents in the currently approved
OMB inventory for FERC-576 is 147. Changes to the estimate were
based on average number of respondents over the past three years.
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[FR Doc. 2021-15409 Filed 7-19-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29314-29317]
[FR Doc No: 2021-11403]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92000; File No. SR-BX-2021-024]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Equity 7,
Section 118

May 25, 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 May 19, 2021, Nasdaq BX, Inc. (``BX'' 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: (i) The Exchange's transaction
credits, at Equity 7, Section 118(a), as described further below.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/bx/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 operates on the ``taker-maker'' model, whereby it
generally pays credits to members that take

liquidity and charges fees to members that provide liquidity.
Currently, the Exchange has a schedule, at Equity 7, Section 118(a),
which consists of several different credits that it provides for orders
in securities priced at $1 or more per share that access liquidity on
the Exchange and several different charges that it assesses for orders
in such securities that add liquidity on the Exchange.
    The Exchange proposes to add a new credit to this schedule of
$0.0018 per share executed for orders in securities in Tape B that
access liquidity (excluding orders with Midpoint pegging and excluding
orders that receive price improvement and execute against an order with
a Non-displayed price) entered by a member that: (i) Accesses at least
60% more liquidity in securities in Tape B, as a percentage of total
Consolidated Volume during a month, than it did during April 2021; (ii)
accesses liquidity in securities in Tape B equal to or exceeding 0.035%
of total Consolidated Volume during a month; and (iii) adds liquidity
equal to or exceeding an average daily volume of 50,000 shares in a
month. Orders in securities in Tapes A and C will not be eligible for
the new proposed credit.
    The Exchange intends for this new credit to reward members that
remove significant volumes of Tape B liquidity from the Exchange and to
encourage such members to further grow the extent to which they remove
Tape B liquidity from the Exchange. The Exchange believes that any
ensuing increase in the removal of Tape B liquidity from the Exchange
will improve the quality of the Exchange's market. In particular, the
Exchange intends to encourage members to increase the extent to which
they remove liquidity in securities in Tape B, as the Exchange believes
that increased removal activity in securities in Tape B is most needed
and likely to be most beneficial to market quality.
    The Exchange also notes that, like its other removal credit tiers,
it proposes to tie the new proposed credit to the addition of at least
an average daily volume of 50,000 shares of liquidity during the month.
Doing so will help to incent members, not only to remove a significant
amount of liquidity from the Exchange, but also to add a significant
amount of liquidity as well. Any increase in liquidity adding activity
that ensues from this credit will improve market quality, to the
benefit of all participants.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\3\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\4\ 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. The proposal is also consistent with
Section 11A of the Act relating to the establishment of the national
market system for securities.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposal Is Reasonable
    The Exchange's proposed change to its schedule of credits is
reasonable in several respects. As a threshold matter, the Exchange is
subject to significant competitive forces in the market for equity
securities transaction services that constrain its pricing
determinations in that market. The fact that this market is competitive
has long been recognized by the courts. In NetCoalition v. Securities
and Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \5\
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    \5\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, 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.'' \6\
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    \6\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
equity security transaction services. The Exchange is only one of
several equity venues to which market participants may direct their
order flow, and it represents a small percentage of the overall market.
It is also only one of several taker-maker exchanges. Competing equity
exchanges offer similar tiered pricing structures to that of the
Exchange, including schedules of rebates and fees that apply based upon
members achieving certain volume thresholds.\7\
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    \7\ See CBOE BYX Fee Schedule, at http://markets.cboe.com/us/equities/membership/fee_schedule/byx/; NYSE National Fee Schedule,
at https://www.nyse.com/publicdocs/nyse/regulation/nyse/NYSE_National_Schedule_of_Fees.pdf.
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    Within this environment, market participants can freely and often
do shift their order flow among the Exchange and competing venues in
response to changes in their respective pricing schedules.\8\ Within
the foregoing context, the proposal represents a reasonable attempt by
the Exchange to increase its liquidity and market share relative to its
competitors.
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    \8\ The Exchange perceives no regulatory, structural, or cost
impediments to market participants shifting order flow away from it.
In particular, the Exchange notes that these examples of shifts in
liquidity and market share, along with many others, have occurred
within the context of market participants' existing duties of Best
Execution and obligations under the Order Protection Rule under
Regulation NMS.
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    The Exchange believes that its proposal is reasonable to establish
a new remove credit with a growth component tied to the removal of
liquidity in securities in Tape B. The proposal will encourage members
to increase the extent to which they remove Tape B liquidity from the
Exchange, and it will reward members that do so in significant volumes.
The Exchange believes that any ensuing increase in the removal of
liquidity from the Exchange--and in particular, liquidity in securities
in Tape B--will improve the quality of the Exchange's market, and it
will cause the Exchange to become more attractive to existing and
prospective participants. The Exchange notes that it selected April
2021 as the baseline for the growth requirements because it is the
month immediately preceding the establishment of the new tier.
    The Exchange also believes it is reasonable to tie the new proposed
credit to the addition of at least an average daily volume of 50,000
shares of liquidity during the month. Doing so will help to incent
members, not only to remove a significant amount of liquidity from the
Exchange, but also to add a

significant amount of liquidity as well. Any increase in liquidity
adding activity that ensues from this credit will improve market
quality, to the benefit of all participants. The Exchange notes that it
includes the same criteria in several of its existing remove credit
tiers.
    The Exchange notes that those participants that are dissatisfied
with the proposed credit are free to shift their order flow to
competing venues that offer them higher credits or lower charges.
The Proposal Is an Equitable Allocation of Credits and Charges
    The Exchange believes that it is an equitable allocation of its
credits to establish a new remove credit tier that is tied to the
growth in removal of liquidity in securities in Tape B. The addition of
this new proposed credit tier will encourage members to increase the
extent to which they remove Tape B liquidity from the Exchange, and it
will reward members that do so in significant volumes. The Exchange
believes that any increase in the removal of liquidity from the
Exchange that follows from the introduction of this new credit--and in
particular, liquidity in securities in Tape B--will improve the quality
of the Exchange's market, and it will cause the Exchange to become more
attractive to existing and prospective participants.
    The Exchange also believes it is an equitable allocation to tie the
new proposed credit to the addition of at least an average daily volume
of 50,000 shares of liquidity during the month. Doing so will help to
incent members, not only to remove a significant amount of liquidity
from the Exchange, but also to add a significant amount of liquidity as
well. Any increase in liquidity adding activity that ensues from this
credit will improve market quality, to the benefit of all participants.
The Exchange notes that it includes the same criteria in several of its
existing remove credit tiers.
    Any participant that is dissatisfied with the proposal is free to
shift their order flow to competing venues that provide more generous
pricing or less stringent qualifying criteria.
The Proposed New Credit Is Not Unfairly Discriminatory
    The Exchange believes that its new proposed remove credit with a
growth component is not unfairly discriminatory because it is aimed at
encouraging the growth in removal of liquidity from the Exchange, which
if successful, stands to improve the quality of the Exchange's market,
to the benefit of all market participants. The Exchange notes that its
proposal to offer the new credit to members with orders in securities
in Tape B is fair because the Exchange observes that its market has a
greater need for, and its market quality would benefit most from,
growth in removal of liquidity in securities in Tape B. The Exchange
has limited resources with which to apply to incentives, and it must
allocate those limited resources in a manner that prioritizes areas of
greatest need and potential effect.
    Any participant that is dissatisfied with the proposal is free to
shift their order flow to competing venues that provide more generous
pricing or less stringent qualifying criteria.

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.
Intramarket Competition
    The Exchange does not believe that its proposal will place any
category of Exchange participant at a competitive disadvantage. As
noted above, all members of the Exchange will benefit from any increase
in market activity that the proposal effectuates. Members may grow or
modify their businesses so that they can receive the new proposed
credit. Moreover, members are free to trade on other venues to the
extent they believe that the credit proposed is not attractive. As one
can observe by looking at any market share chart, price competition
between exchanges is fierce, with liquidity and market share moving
freely between exchanges in reaction to fee and credit changes.
Intermarket Competition
    In terms of inter-market competition, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its credits and fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own credits and
fees in response, and because market participants may readily adjust
their order routing practices, the Exchange believes that the degree to
which credit changes in this market may impose any burden on
competition is extremely limited.
    The proposed new credit is reflective of this competition because,
as a threshold issue, the Exchange is a relatively small market so its
ability to burden intermarket competition is limited. In this regard,
even the largest U.S. equities exchange by volume has less than 17%
market share, which in most markets could hardly be categorized as
having enough market power to burden competition. Moreover, as noted
above, price competition between exchanges is fierce, with liquidity
and market share moving freely between exchanges in reaction to fee and
credit changes. This is in addition to free flow of order flow to and
among off-exchange venues which comprised more than 41% of industry
volume for the month of March 2021.
    In sum, if the change proposed herein is unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
change will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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.\9\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (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-BX-2021-024 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-BX-2021-024. 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-BX-2021-024 and should be submitted on
or before June 22, 2021.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-11403 Filed 5-28-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69983-69985]
[FR Doc No: 2014-27743]

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DEPARTMENT OF TRANSPORATION

Federal Motor Carrier Safety Administration

[FMCSA-2014-0420]

Hours of Service of Drivers: Specialized Carriers & Rigging
Association (SC&RA); Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from the
Specialized Carriers & Rigging Association (SC&RA) for an exemption
from the 30-minute rest break provision of the Agency's hours-of-
service (HOS) regulations for commercial motor vehicle (CMV) drivers.
The requested exemption would apply to specialized carriers and drivers
responsible for the transportation of loads that exceed normal weight
and dimensional limits--oversize/overweight (OS/OW) loads--and require
a permit issued by a government authority. Due to the nature of their
operation, SC&RA believes that compliance with the 30-minute rest break
rule is extremely difficult, primarily due to the limited (usually
daylight) hours in which an OS/OW load can be transported as restricted
by State permit requirements. SC&RA therefore requests this exemption
for all permitted loads. FMCSA requests public comment on SC&RA's
application for exemption.

DATES: Comments must be received on or before December 24, 2014.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2014-0420 by any of the following
methods:
     Federal eRulemaking Portal: 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, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., 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 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 www.regulations.gov, and follow the online
instructions for accessing the dockets, or go to the street address
listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can get 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 we will consider late comments to the extent
practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

Request for Exemption

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule
amending its hours-of-service (HOS) regulations for drivers of
property-carrying CMVs. The final rule adopted several changes to the
HOS rules, including a new provision requiring drivers to take a rest
break during the work day under certain circumstances. Drivers may
drive a CMV only if 8 hours or less have passed since the end of the
driver's last off-duty or sleeper-berth period of at least 30 minutes.
FMCSA did not specify when drivers must take the 30-minute break, but
the rule requires that they wait no longer than 8 hours after the last
off-duty or sleeper-berth period of that length or longer to take the
break. This requirement took effect on July 1, 2013.
    SC&RA seeks an exemption from the 30-minute rest break provision in
49 CFR 395.3(a)(3)(ii). The 30-minute break uniquely affects OS/OW
loads and has exacerbated the number of instances in which drivers have
had to park these loads at roadside, consequently impacting the safety
of both the general public and the driver. The requested exemption
would apply to all specialized carriers and drivers responsible for the
transportation of loads that exceed maximum legal weight and
dimensional limits--OS/OW loads--that require a permit issued by a
government authority. According to SC&RA, the hours of operation in
which a driver may move an OS/OW load on a valid permit vary
tremendously from State to State, and even among local jurisdictions
within a State, differ in terms of the days of the week and hours of
the day when transit is allowed. Because hours in which an OS/OW load
can travel are restricted by permit requirements, often those hours
will be in conflict with the timing of the required 30-minute rest
break. SC&RA specifically cites four instances demonstrating this
conflict. As less space is available for parking OS/OW trucks,
specialized tractor/trailer combinations transporting OS/OW loads will
increasingly be parked alongside interstate or other highways and ramp
shoulders, further compromising their safety and the safety of the
general public on the roadways.
    An average OS/OW load may measure approximately 15-16 feet wide and
high and in excess of 100 feet in length. Each driver has the
additional burden of finding a place large enough to accommodate and
park the vehicle until passage is permitted. SC&RA cites the Federal
Highway Administration's ``Commercial Motor Vehicle Parking Shortage''
study (May 2012), which documents the existing parking shortage and
further provides evidence that locating adequate parking space for such
over-dimensional loads is extremely challenging. A copy of this study
is included in SC&RA's exemption request filing in the docket
identified earlier in this notice.
    Occasionally, the safest option for drivers is to park such loads
on the shoulders of interstates routes and other highways, and on ramps
leading to and from those highways. This decision requires the driver
to protect and alert the motoring public by employing traffic control
measures such as setting up safety cones, etc. In some instances, the
OS/OW load is so large and/or the road shoulder width is so limited,
that the tractor trailer combination cannot be properly parked off the
roadway and therefore takes up an entire lane of the road.
    SC&RA does not foresee any negative impact to safety from the
requested exemption. It believes that granting the exemption would have
a favorable impact on overall safety by reducing the frequency of
drivers resorting to less than ideal parking options, thereby reducing
the frequency of lanes being partially or fully obscured.
    SC&RA states that the industry has been diligent in ensuring that
its drivers are safety compliant by identifying, deploying, analyzing
and monitoring best practices. The effectiveness of the industry's
efforts is substantiated through its safety record. By demand and due
to the type and nature of the size and weight involved, these drivers
tend to be more experienced and skilled than many drivers in the
industry. Safety is achieved through rigorous, mandated training for
all drivers on a daily, weekly, monthly and quarterly basis, in
conjunction with annual safety checks, and self-imposed random safety
audits. Furthermore, most specialized transportation carriers conduct
weekly--or sometimes more frequent--meetings with drivers to ensure
that they are current on information with regard to operating OS/OW
loads in their industry. This training includes full recognition of the
HOS regulations, and compliance with such regulations to ensure OS/OW
drivers are not operating while fatigued. A copy of SC&RA's exemption
application is available for review in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on SC&RA's application for an exemption from
certain provisions of the driver's HOS regulations in 49 CFR part 395.
The Agency will consider all comments received by close of business on
December 24, 2014. The Agency also will consider to the extent
practicable comments received in the public docket after the closing
date of the comment period.
    Comments will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice.

    Issued on: November 14, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-27743 Filed 11-21-14; 8:45 am]
BILLING CODE 4910-EX-P