[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22300-22302]
[FR Doc No: 2018-10141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83188; File No. SR-PEARL-2018-12]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee
Schedule

May 8, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on April 27, 2018, MIAX PEARL, LLC (``MIAX PEARL''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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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 is filing a proposal to amend the MIAX PEARL Fee
Schedule (the ``Fee Schedule'') to establish a monthly Trading Permit
Fee assessable to Members that solely clear transactions on the
Exchange.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to establish a monthly
Trading Permit Fee assessable to Members \3\ that solely clear
transactions on the Exchange. For clarity, the Exchange also proposes
to adopt a related definition of ``EEM Clearing Firm'' (the type of
Member to which this monthly Trading Permit Fee shall apply) in the
``Definitions'' section of the Fee Schedule. The Exchange notes that it
recently adopted certain monthly Trading Permit Fees applicable to its
Members (other than Members that solely clear transactions on the
Exchange).\4\
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    \3\ ``Member'' means an individual or organization that is
registered with the Exchange pursuant to Chapter II of the Exchange
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See Exchange Rule 100.
    \4\ See Securities Exchange Act Release No. 82867 (March 13,
2018), 83 FR 12044 (March 19, 2018) (SR-PEARL-2018-07).
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Definitions
    The Exchange proposes to amend the ``Definitions'' section of the
Fee Schedule to add the new definition of ``EEM Clearing Firm.'' The
term ``EEM Clearing Firm'' shall mean an EEM \5\ that solely clears
transactions on the Exchange and does not connect to the Exchange via
either the FIX Interface \6\ or MEO Interface.\7\
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    \5\ ``EEM'' or ``Electronic Exchange Member'' means the holder
of a Trading Permit who is a Member representing as agent Public
Customer Orders or Non-Customer Orders on the Exchange and those
non-Market Maker Members conducting proprietary trading. Electronic
Exchange Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \6\ ``FIX Interface'' means the Financial Information Exchange
interface for certain order types as set forth in Exchange Rule 516.
See Exchange Rule 100. See the Definitions Section of the Fee
Schedule.
    \7\ ``MEO Interface'' means a binary order interface for certain
order types as set forth in Rule 516 into the MIAX PEARL System. See
Exchange Rule 100. See the Definitions Section of the Fee Schedule.
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Monthly EEM Clearing Firm Trading Permit Fees
    The Exchange recently adopted fees applicable to Trading Permits
which are issued to Members who are either EEMs or Market Makers.\8\
The Exchange

charges its Members Trading Permit fees which are based upon the
monthly total volume executed by the Member and its Affiliates \9\ on
the Exchange across all origin types, not including Excluded
Contracts,\10\ as compared to the TCV \11\ in all MIAX PEARL-listed
options. The Exchange adopted a tier-based fee structure that is
volume-based.
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    \8\ ``Market Maker'' means a Member registered with the Exchange
for the purpose of making markets in options contracts traded on the
Exchange. See Exchange Rule 100.
    \9\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX PEARL Market
Maker (who does not otherwise have a corporate affiliation based
upon common ownership with an EEM) that has been appointed by an EEM
and an ``Appointed EEM'' is an EEM (who does not otherwise have a
corporate affiliation based upon common ownership with a MIAX PEARL
Market Maker) that has been appointed by a MIAX PEARL Market Maker,
pursuant to the process described in the Fee Schedule. See the
Definitions Section of the Fee Schedule.
    \10\ ``Excluded Contracts'' means any contracts routed to an
away market for execution. See the Definitions Section of the Fee
Schedule.
    \11\ ``TCV'' means total consolidated volume calculated as the
total national volume in those classes listed on MIAX PEARL for the
month for which the fees apply, excluding consolidated volume
executed during the period time in which the Exchange experiences an
``Exchange System Disruption'' (solely in the option classes of the
affected Matching Engine (as defined below)). The term Exchange
System Disruption, which is defined in the Definitions section of
the Fee Schedule, means an outage of a Matching Engine or collective
Matching Engines for a period of two consecutive hours or more,
during trading hours. The term Matching Engine, which is also
defined in the Definitions section of the Fee Schedule, is a part of
the MIAX PEARL electronic system that processes options orders and
trades on a symbol-by-symbol basis. Some Matching Engines will
process option classes with multiple root symbols, and other
Matching Engines may be dedicated to one single option root symbol
(for example, options on SPY may be processed by one single Matching
Engine that is dedicated only to SPY). A particular root symbol may
only be assigned to a single designated Matching Engine. A
particular root symbol may not be assigned to multiple Matching
Engines. The Exchange notes that the term ``Exchange System
Disruption'' and its meaning have no applicability outside of the
Fee Schedule, as it is used solely for purposes of calculating
volume for the threshold tiers in the Fee Schedule. See the
Definitions Section of the Fee Schedule.
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    The Exchange also charges such Trading Permit Fees based upon the
type of interface used by the Member to connect to the Exchange--either
the FIX Interface and/or the MEO Interface. Any Member (whether EEM or
Market Maker) can select either type of interface (either FIX Interface
and/or MEO Interface). Each Member who uses the FIX Interface to
connect to the System \12\ is assessed the following Trading Permit
Fees each month: (i) If its volume falls within the parameters of Tier
1 of the Non-Transaction Fees Volume-Based Tiers, or volume up to
0.30%, $250, (ii) if its volume falls within the parameters of Tier 2
of the Non-Transaction Fees Volume-Based Tiers, or volume above 0.30%
up to 0.60%, $350, and (iii) if its volume falls with the parameters of
Tier 3 of the Non-Transaction Fees Volume-Based Tiers, or volume above
0.60%, $450.
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    \12\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
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    Each Member who uses the MEO Interface to connect to the System is
assessed the following Trading Permit Fees each month: (i) If its
volume falls within the parameters of Tier 1 of the Non-Transaction
Fees Volume-Based Tiers, or volume up to 0.30%, $300, (ii) if its
volume falls within the parameters of Tier 2 of the Non-Transaction
Fees Volume-Based Tiers, or volume above 0.30% up to 0.60%, $400, and
(iii) if its volume falls with the parameters of Tier 3 of the Non-
Transaction Fees Volume-Based Tiers, or volume above 0.60%, $500.
Members who use the MEO Interface may also connect to the System
through the FIX Interface as well, and vice versa. Members who use the
MEO Interface and who also use the FIX Interface are assessed the rates
for both types of Trading Permits set forth above and receive a $100
monthly credit towards the Trading Permit Fees applicable to such
Member for MEO Interface use.
    Members that solely clear transactions on the Exchange do not
connect to the Exchange, as such a connection is not required to
perform that clearing-only activity. Therefore, at present, Members
that are EEM Clearing Firms are not assessed a monthly Trading Permit
Fee. However, those Members are still utilizing the services of the
Exchange, by performing that clearing-only activity. Accordingly, the
Exchange is proposing to adopt a monthly Trading Permit Fee applicable
to those types of Members, which the Exchange is proposing to define
each as an ``EEM Clearing Firm.'' In particular, the Exchange proposes
to assess a monthly Trading Permit Fee of $250 to such EEM Clearing
Firms, in order to cover the operational and administrative costs of
such EEMs using the Exchange's System to perform clearing-only
services. Such monthly Trading Permit Fees will be assessed with
respect to EEM Clearing Firms in any month the EEM Clearing Firm is
certified in the membership system to clear transactions on the
Exchange.
    The Exchange's affiliate, Miami International Securities Exchange,
LLC (``MIAX Options''), also assesses a monthly trading permit fee, in
the amount of $1,500 per month, to its members who are clearing firms
\13\ that are performing the same activity.
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    \13\ See MIAX Options Fee Schedule Section 3(b). The Commission
notes that members on MIAX Options who perform clearing-only
services are assessed a monthly trading permit fee of $1,500.
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    The proposed rule changes will become operative May 1, 2018.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \14\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \15\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among its members and issuers and other persons
using its facilities. The Exchange also believes the proposal furthers
the objectives of Section 6(b)(5) of the Act in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest and is not designed to permit unfair discrimination between
customers, issuers, brokers and dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4) and (5).
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Definition
    The Exchange believes that the proposed new definition ``EEM
Clearing Firm'' is consistent with Section 6(b)(4) of the Act in that
it is fair, equitable and not unreasonably discriminatory and should
improve market quality for the Exchange's market participants. The
definition applies equally to all EEMs who perform clearing-only
services on the Exchange and is intended to add transparency to the
Exchange's marketplace by clarifying how the Exchange determines these
EEMs from other Members in order to assess the applicable fee.
    The Exchange believes that the proposed new definition ``EEM
Clearing Firm'' is consistent with Section 6(5) of the Act in that it
promotes just and equitable principles of trade for all market
participants. The Exchange believes that by defining EEM Clearing Firms
the Exchange is able to assess such firms a Trading Permit Fee since
they use the Exchange's System to perform clearing-only services.
Monthly EEM Clearing Firm Trading Permit Fee
    The Exchange believes that the assessment of a Trading Permit Fee
to EEM Clearing Firms is reasonable, equitable, and not unfairly
discriminatory. The assessment of

Trading Permit Fees to Clearing Firms is done by the Exchange's
affiliate, MIAX Options, as described in the Purpose section above. The
Exchange also believes that the proposed fee is fair and equitable and
not unreasonably discriminatory because all similarly situated EEM
Clearing Firms are subject to the same fee, and access to the Exchange
is offered on terms that are not unfairly discriminatory.
    The Exchange believes that the proposed EEM Clearing Firm Trading
Permit Fee is consistent with Section 6(b)(5) of the Act in that it
promotes equitable principles of trade for all market participants. The
Exchange believes that assessing such firms a Trading Permit Fee is
reasonable since such firms are utilizing the Exchange's System to
perform clearing-only services. Furthermore, assessing EEM Clearing
Firms a Trading Permit Fee is fair and equitable since it permits the
Exchange to recoup the operational and administrative costs that the
Exchange does incur as a result of such firms utilizing the Exchange's
System.

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

    MIAX PEARL does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
assessment by the Exchange of Trading Permit Fees to EEM Clearing Firms
using its facilities will not have an impact on competition. As a more
recent entrant in the already highly competitive environment for equity
options trading, MIAX PEARL does not have the market power necessary to
set prices for services that are unreasonable or unfairly
discriminatory in violation of the Act. The Exchange believes that the
proposed EEM Clearing Firm Trading Permit Fee would increase both
intermarket and intramarket competition by encouraging clearing firms
to provide clearing services to Members of the Exchange. MIAX PEARL's
proposed EEM Clearing Firm Trading Permit Fee is similar to the fee
assessed by its affiliate, MIAX Options, to its Clearing Firms but is
much lower than that assessed by MIAX Options.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\16\ and Rule 19b-4(f)(2) \17\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
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    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \17\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2018-12 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-PEARL-2018-12. 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-PEARL-2018-12 and should be submitted on
or before June 4, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10141 Filed 5-11-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 19, 2009 (Volume 74, Number 32)]
[Notices]
[Page 7711-7713]
[DOCID:fr19fe09-81]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59378; File No. SR-CBOE-2009-001]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change Related to the
$1 Strike Program

February 10, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 23, 2009, the Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities
and Exchange Commission (the ``Commission'') the proposed rule change,
and on February 4, 2009 filed Amendment No. 1 to 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, as amended, 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 expand the $1 Strike Program. The text of
the proposed rule change is available on the Exchange's Web site
(http://www.cboe.org/Legal), at the Office of the Secretary, CBOE and
at the Commission.

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

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

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

1. Purpose
    Amendment No. 1 to SR-CBOE-2009-001 replaces the original filing in
its entirety.\3\ The purpose of the proposed rule change is to expand
the $1 Strike Program (the ``Program'').\4\
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    \3\ In its original filing, CBOE also proposed to establish a
$.50 Strike Program in a limited number of classes. CBOE no longer
seeks to adopt such a program in connection with this proposed rule
change.
    \4\ The Commission approved the $1 Strike Program as a pilot on
June 5, 2003. See Securities Exchange Act Release No. 47991 (June 5,
2003), 68 FR 35243 (June 12, 2003). The Pilot Program was
subsequently extended through June 5, 2008. See Securities Exchange
Act Release No. 49799 (June 3, 2004), 69 FR 32642 (June 10, 2004)
(SR-CBOE-2004-34); SEC Release No. 51771 (May 31, 2005), 70 FR 33228
(June 7, 2005) (SR-CBOE-2005-37); SEC Release No. 53805 (May 15,
2006), 71 FR 29690 (May 23, 2006) (SR-CBOE-2006-31); and SEC Release
No. 55673 (April 26, 2007), 72 FR 24646 (May 3, 2007) (SR-CBOE-2007-
38). The pilot was subsequently expanded and permanently approved in
2007. See Exchange Act Release No. 57049 (December 27, 2007), 73 FR
528 (January 3, 2008) (SR-CBOE-2007-125).
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    The $1 Strike Program currently allows CBOE to select a total of 10
individual stocks on which option series may be listed at $1 strike
price intervals. In order to be eligible for selection into the
Program, the underlying stock must close below $50 in its primary
market on the previous trading day. If selected for the Program, the
Exchange may list strike prices at $1 intervals from $3 to $50, but no
$1 strike price may be listed that is greater than

$5 from the underlying stock's closing price in its primary market on
the previous day. The Exchange may also list $1 strikes on any other
option class designated by another securities exchange that employs a
similar Program under their respective rules. The Exchange may not list
long-term option series (``LEAPS'') at $1 strike price intervals for
any class selected for the Program. The Exchange also is restricted
from listing any series that would result in strike prices being $0.50
apart.
    The Exchange now proposes to expand the Program to allow CBOE to
select a total of 55 individual stocks on which option series may be
listed at $1 strike price intervals, and to expand slightly the price
range on which the Exchange may list $1 strikes, i.e., from $1 to $50.
The existing restrictions on listing $1 strikes would continue, i.e.,
no $1 strike price may be listed that is greater than $5 from the
underlying stock's closing price in its primary market on the previous
day, and CBOE is restricted from listing any series that would result
in strike prices being $0.50 apart.
    As stated in the Commission order that initially approved CBOE's
Program and in subsequent extensions and expansions of the Program,
CBOE believes that $1 strike price intervals provide investors with
greater flexibility in the trading of equity options that overlie lower
price stocks by allowing investors to establish equity options
positions that are better tailored to meet their investment objectives.
Indeed, member firms representing customers have repeatedly requested
that CBOE seek to expand the Program in terms of the number of classes
on which option series may be listed at $1 strike price intervals. The
Exchange notes that current market conditions, in which the number of
securities trading below $50 has increased dramatically, further
warrant the expansion of the Program.
    The Exchange is also proposing to set forth a delisting policy.
Specifically, the Exchange would, on a monthly basis, review series
that were originally listed under the $1 Strike Program with strike
prices that are more than $5 from the current values of the options
classes in the Program. The Exchange would delist series with no open
interest in both the put and the call series having a: (i) Strike
higher than the highest strike price with open interest in the put and/
or call series for a given expiration month; and (ii) strike lower than
the lowest strike price with open interest in the put and/or call
series for a given expiration month.
    Notwithstanding the proposed delisting policy, CBOE could grant
member requests to add strikes and/or maintain strikes in certain
options classes in series eligible for delisting.
    Further, in connection with the proposed delisting policy, if the
Exchange identifies series for delisting, the Exchange shall notify
other options exchanges with similar delisting policies regarding
eligible series for listing, and shall work with such other exchanges
to develop a uniform list of series to be delisted, so as to ensure
uniform series delisting of multiply listed options classes. CBOE
expects that the proposed delisting policy will be adopted by other
options exchanges that amend their rules to employ a similar expansion
of the Program.
    CBOE also proposes to amend the $1 Strike Program and Rule 24.9.11
to eliminate the provision that provides that if CBOE lists strike
prices in $1 intervals in the Mini-SPX options class, the number of
classes CBOE can select to participate in the $1 Strike Program is
reduced by one. CBOE does not believe such a restriction is appropriate
and necessary, particularly when it represents (see below) that it has
sufficient capacity to handle the additional traffic associated with
the listing and trading of an expanded number of options series as
proposed by this filing.
    With regard to the impact on system capacity, CBOE has analyzed its
capacity and represents that it and the Options Price Reporting
Authority have the necessary systems capacity to handle the additional
traffic associated with the listing and trading of an expanded number
of series as proposed by this filing.
    The Exchange believes that the $1 Strike Program has provided
investors with greater trading opportunities and flexibility and the
ability to more closely tailor their investment strategies and
decisions to the movement of the underlying security. Furthermore, the
Exchange has not detected any material proliferation of illiquid
options series resulting from the narrower strike price intervals. For
these reasons, CBOE requests an expansion of the current Program.
2. Statutory Basis
    The Exchange believes the rule proposal is consistent with the
Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations under the Act applicable to a national securities exchange
and, in particular, the requirements of Section 6(b) of the Act.\5\
Specifically, the Exchange believes that the proposed rule change is
consistent with the Section 6(b)(5) Act \6\ requirements that the rules
of an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts and, in general, to
protect investors and the public interest. The Exchange believes that
expanding the current $1 Strike Program will result in a continuing
benefit to investors by giving them more flexibility to closely tailor
their investment decisions in greater number of securities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File

Number SR-CBOE-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2009-001. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on business days
between the hours of 10 a.m. and 3 p.m., located at 100 F Street, NE.,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2009-001 and should be
submitted on or before March 12, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-3423 Filed 2-18-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Notices]
[Pages 32408-32409]
[FR Doc No: 2020-11619]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2020-0187]

Proposed Distribution of Scheduled Navigation Safety Messages
(Broadcast Notices to Mariners) by Mobile and Internet Methods

ACTION: Notice and request for comments.

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SUMMARY: The Coast Guard will begin making broadcast notices to
mariners containing locally relevant navigation information accessible
by mobile devices and the internet. New methods of information delivery
will include Rich Site Summary also known as Really Simple Syndication
(RSS) feeds, email, and other means such as web-based graphic
interfaces. The Coast Guard believes the internet and mobile
availability will allow greater numbers of mariners to access this
information, and to do so in a more-timely, reliable, convenient, and
customized manner. Currently, the only way to obtain this information
is to tune in to local Coast Guard broadcasts that take place on very
high frequency (VHF) marine radio two or more times per day.

DATES: Comments must be submitted to the online docket via https://www.regulations.gov on or before July 28, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0187 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the supplementary information section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document,
please call or email Eugene Diotalevi, Coast Guard Navigation Center;
telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Public Participation and Comments

    We encourage you to submit comments (or related material) on this
Notice. We will consider all submissions and may adjust our final
action based on your comments. If you submit a comment, please include
the docket number for this notice, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted, or a final rule is published.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).

Abbreviations

BNM Broadcast notices to mariners
NAVAREA Navigational Area
NAVTEX Navigation Telex Radio
RSS Rich Site Summary or Really Simple Syndication
VHF Very High Frequency

Discussion

    The Coast Guard broadcasts scheduled navigation safety messages on
VHF marine radio. These messages, called broadcast notices to mariners
(BNMs), provide information about the status of Coast Guard aids-to-
navigation (e.g. buoys, beacons, and lights), navigational hazards,
maritime events, and other locally relevant maritime safety
information. Scheduled broadcasts normally occur every six to twelve
hours on marine VHF Channel 22A, and typically follow a brief
announcement on Channel 16 reminding listeners that a Channel 22A
broadcast is about to begin. The Coast Guard makes such broadcasts in
order to alert mariners to information that will later be consolidated
into local notices to mariners documents, which are published weekly by
each Coast Guard District. Local notices to mariners documents are
distributed at https://www.navcen.uscg.gov/LNM.
    The information in BNMs is primarily targeted to local situations
and conditions occurring within U.S. ports and waterways and in near-
shore, and in-shore waters. These broadcasts should not be confused
with other official navigational safety messages transmitted for the
benefit of offshore and international maritime vessel traffic through
established, internationally coordinated means, such as NAVTEX,
NAVAREA, and coastal warnings. The Coast Guard is seeking to make such
navigation safety information available to mobile device and internet
users, which is expected to offer the following advantages:
    (1) Improved Information Reach. More boaters and professional
mariners for whom the navigation information is relevant will have
access to it. The overwhelming majority of current VHF broadcasts
concern events, hazards, aids-to-navigation, and other situations that
are located in areas where there is offshore mobile data coverage.
Greater numbers of mariners, especially those operating close to shore,
increasingly make use of mobile technology in lieu of, or in addition
to VHF marine radio. This will allow more people to benefit from access
to the information.
    (2) Greater Convenience. The Coast Guard plans to publish the
information on an open-facing website that will allow mariners to
customize the manner of delivery. For example, mariners will be able to
receive an email for each broadcast made in a specified area; may
choose to subscribe to an RSS feed; or may choose to visit a mobile-
accessible website that displays the broadcasts that apply to a given
geographical area. The Coast Guard is also developing other ways to
access the information, including graphic interfaces, or through
downloadable chart overlays that show the locations where pertinent
marine safety information applies. Mariners will be able to access the
latest information during times that are convenient to their situation,
for example, while they are planning a voyage, or as they approach an
entrance to a port or channel.
    (3) Better Timeliness. Mariners will not have to wait for the next
scheduled VHF broadcast to access critical information. They will gain
access to

individual navigation messages as soon as they are published.
    The proposed new system of information distribution is presently
being tested in the Fifth Coast Guard District. The public is urged to
examine the following RSS feed as an illustration of this proposed new
system at: https://public.govdelivery.com/topics/USDHSCG_250/feed.rss
or to test out the graphic interface that returns customized reports of
the most up-to-date broadcast notices in the Fifth Coast Guard District
at https://navcen.uscg.gov/bnmmessages/DistrictSearchV1.php?d=5&i=4.
This proposed new system of information distribution would not impact
those other systems and procedures.
    The Coast Guard is interested in the public's views about the
proposed new system of information distribution being tested in the
Fifth Coast Guard District, including ideas for how best to organize
and distribute navigation safety information to mobile device users.
The Coast Guard will consider all comments from the public. After
considering any comments received, the Coast Guard will issue a notice
in the Federal Register indicating how the matter will be resolved.
    This notice is issued under the authority of 14 U.S.C. 504(a)(16)
and 5 U.S.C. 552(a).

    Dated: May 26, 2020.
Michael D. Emerson,
Director, Marine Transportation Systems.
[FR Doc. 2020-11619 Filed 5-28-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Notices]
[Pages 45803-45804]
[FR Doc No: 2021-17418]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0107]

Agency Information Collection Activities; Approval of a New
Information Collection; Waiver and Exemption Requirements

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Federal Motor Carrier Safety Administration (FMCSA) announces its plan
to submit the Information Collection Request (ICR) described below to
the Office of Management and Budget (OMB) for its review and approval
and invites public comment. This notice invites comment on a new
information collection titled ``Waiver and Exemption Requirements''.
The ICR estimates the burden applicants incur to comply with the
reporting tasks required for requesting waivers and exemptions. FMCSA
has not previously accounted for these burdens.

DATES: We must receive your comments on or before October 15, 2021.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2021-0107 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; 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: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001 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, see
the Public Participation heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: 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 obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division, DOT, FMCSA, West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>. Email:
<EMAIL_ADDRESS>Office hours are from 9 a.m. to 5 p.m., Monday through
Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Background: In 1998, the Federal Highway Administration (FHWA), the
predecessor agency of FMCSA, adopted 49 CFR part 381 as an interim
final rule (IFR), establishing procedures for applying for waivers,
exemptions, and pilot programs (63 FR 67600, December 8, 1998). Section
4007 of the Transportation Equity Act for the 21st Century (TEA-21)
amended 49 U.S.C. 31315 and 31136(e) to provide authority to the
Secretary of Transportation to grant waivers and exemptions from motor
carrier safety regulations. Section 4007 of TEA-21 requires that the
terms and conditions for all waivers and exemptions likely achieve a
level of safety equivalent to or greater than what would be achieved by
complying with the safety regulations. In 2004, FMCSA adopted its IFR
as final at 49 CFR part 381, consistent with section 4007 of TEA-21 (69
FR 51589, August 20, 2004). The final rule also established procedures
that govern how FMCSA reviews, grants, or denies requests for waivers
and applications for exemptions. The final rule included requirements
for publishing notice of exemption applications in the Federal Register
to afford the public an opportunity for comment. There is no statutory
requirement to publish Federal Register notices concerning waiver
applications.
    When the waiver and exemption provisions were first adopted, FHWA
stated that it would ``consider the information collection requirements
for each waiver, exemption, and pilot program and, if necessary,
request approval from the Office of Management and Budget for any
special recordkeeping requirements associated with the waiver,
exemption, or pilot program.'' (63 FR 67608). FMCSA included a similar
statement when finalizing its IFR in 2004 (69 FR 51597). Recently,
FMCSA determined that it now receives a sufficient number of waiver and
exemption requests per year to require OMB approval.
    Title: Waiver and Exemption Requirements.
    OMB Control No.: To be determined by OMB upon OMB approval of the
ICR.
    Type of Request: New information collection.
    Respondents: States, State Drivers Licensing Authorities,
individuals, and motor carriers.
    Estimated Number of Respondents: 131 per year.
    Estimated Time per Response: 2 minutes to 2 hours.
    Expiration Date: This is a new information collection.
    Frequency of Response: On occasion (respondents are not required to
submit requests for waivers or exemptions).
    Estimated Total Annual Burden: 95 burden hours.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for the FMCSA to enhance
the quality, usefulness, and clarity of the collected information; and
(4) ways that the burden could be minimized without reducing the
quality of the collected information.

    The agency will summarize or include your comments in the request
for OMB's clearance of this information collection.

Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-17418 Filed 8-13-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Pages 233-234]
[FR Doc No: 2015-33126]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

Prohibited

----------------------------------------------------------------------------------------------------------------
                  Docket No.                       File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
1. CP15-554-000..............................        12-14-2015  Danielle Pollard.
2. CP15-554-000..............................        12-14-2015  Travis Hancock.
3. CP15-17-000...............................        12-16-2015  Angela Rangel.

4. CP15-17-000...............................        12-16-2015  Brianna L. Jess.
5. CP16-21-000...............................        12-16-2015  J.L. Bradley.
6. CP16-21-000...............................        12-16-2015  Sebern Fisher.
7. CP16-21-000...............................        12-16-2015  Stephen Balog and Kate Balog.
8. CP15-17-000...............................        12-16-2015  Tanesia Anthony.
9. CP15-17-000...............................        12-16-2015  Esau Gilmore.
10. CP15-17-000..............................        12-16-2015  Jordan McMillan.
11. CP15-17-000..............................        12-16-2015  Carolyn Barrette.
12. CP15-17-000..............................        12-16-2015  Devon Herndon.
13. CP15-17-000..............................        12-16-2015  Bria Jackson.
14. CP15-17-000..............................        12-16-2015  DruAusten Fields.
15. CP15-17-000..............................        12-16-2015  Kyle Sellers.
16. CP15-17-000..............................        12-16-2015  Saloni Patel.
17. CP15-17-000..............................        12-16-2015  Madison Armona.
18. CP14-96-000..............................        12-18-2015  Paul M. Blanch.
19. CP15-558-000.............................        12-18-2015  Rosemarie Jeanettorea and Walter Niemczyk.
20. CP15-554-000.............................        12-21-2015  Leroy Haskett.
21. CP15-554-000.............................        12-22-2015  Edith Goff.
22. CP15-93-000..............................        12-23-2015  LIUNA.
----------------------------------------------------------------------------------------------------------------

Exempt

----------------------------------------------------------------------------------------------------------------
                  Docket No.                       File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
1. CP16-21-000...............................        12-11-2015  U.S. Senator Kelly A. Ayotte.
2. CP14-115-000, CP14-103-000, CP14-493-000..        12-15-2015  U.S. Congressmen.\1\
3. CP15-504-000..............................        12-16-2014  FERC Staff.\2\
4. CP15-554-000, CP16-10-000.................        12-16-2014  State of Virginia Delegate Lamont Bagby.
5. CP15-115-000..............................        12-18-2015  State of New York Assemblyman John Ceretto.
6. CP16-22-000...............................        12-18-2015  U.S. House Representative Robert E. Latta.
7. CP15-554-000..............................        12-21-2015  U.S. Congressmen.\3\
8. CP15-554-000..............................        12-21-2015  U.S. House Representative G.K. Butterfield.
9. CP14-96-000...............................        12-22-2015  U.S. House Representative Eliot L. Engel.
10. CP16-9-000...............................        12-22-2015  State of Maine Governor Paul R. LePage.
11. CP16-21-000..............................        12-23-2015  Town of Brookline, Massachusetts, Town
                                                                  Administrator Melvin A. Kleckner.
----------------------------------------------------------------------------------------------------------------

    Dated: December 29, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-33126 Filed 1-4-16; 8:45 am]
 BILLING CODE 6717-01-P