[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Notices]
[Page 68479]
[FR Doc No: 2022-24815]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2842-044]

City of Idaho Falls; Notice of Availability of Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for non-project use of project lands and
waters (water withdrawal) for the Idaho Falls Hydroelectric Project,
located on the Snake River in Bonneville County, Idaho, and has
prepared an Environmental Assessment (EA) for the project. The project
does not occupy Federal lands.
    The EA contains the staff's analysis of the potential environmental
effects of the water withdrawal and concludes that licensing it would
not constitute a major Federal action that would significantly affect
the quality of the human environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (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. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact FERC Online Support at
[email protected] or toll-free at<PHONE_NUMBER>, or for TTY,
(202) 502-8659.
    You may also register online at https://ferconline.ferc.gov/eSubscription.aspx to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    For further information, contact Alicia Burtner at<PHONE_NUMBER>
or [email protected].

    Dated: November 8, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-24815 Filed 11-14-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15787-15788]
[FR Doc No: 2016-06661]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2016-0023]

Extension of a Previously Approved Collection: Public Charters

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public
Law 104-13, the Department of Transportation (DOT) invites the general
public, industry and other governmental parties to comment on Public
Charters, 14 CFR part 380. The pre-existing information collection
request was previously approved by the Office of Management and Budget
(OMB).

DATES: Written comments should be submitted by May 23, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Reather Flemmings<PHONE_NUMBER>)
and Mr. Brett Kruger<PHONE_NUMBER>), Office of the Secretary, Office of
International Aviation, Special Authorities Division-X46, 1200 New
Jersey Ave. SE., Washington, DC 20590.

ADDRESSES: You may submit comments [identified by DOT-DMS Docket No.
DOT-OST-2016-0023] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Ave. SE., West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2106-0005.
    Title: Public Charters, 14 CFR part 380.
    Form Numbers: 4532, 4533, 4534, 4535.
    Type of Review: Extension of a Previously Approved Collection: The
current OMB inventory has not changed.
    Abstract: 14 CFR part 380 establishes regulations embodying the
Department's terms and conditions for Public Charter operators to
conduct air transportation using direct air carriers. Public Charter
operators arrange transportation for groups of people on chartered
aircraft. This arrangement is often less expensive for the travelers
than individually buying a ticket. Part 380 exempts charter operators
from certain provisions of the U.S. code in order that they may provide
this service. A primary goal of Part 380 is to seek protection for the
consumer. Accordingly, the rule stipulates that the charter operator
must file evidence (a prospectus--consisting of OST Forms 4532, 4533,
4534, 4535, and supporting financial documents) with the Department for
each charter program certifying that it has entered into a binding
contract with a direct air carrier to provide air transportation and
that it has also entered into agreements with Department-approved
financial institutions for the protection of charter participants'
funds. The prospectus must be approved by the Department prior to the
operator's advertising, selling or operating the charter. If the
prospectus information were not collected it would be extremely
difficult to assure compliance with agency rules and to assure that
public security and other consumer protection requirements were in
place for the traveling public. The information collected is available
for public inspection (unless the respondent specifically requests
confidential treatment). Part 380 does not provide any assurances of
confidentiality.
    As an additional matter, the Department's Office of Aviation
Enforcement and Proceedings has the authority to pursue or not to
pursue enforcement action against airlines or other sellers of air
transportation with respect to air travel consumer

protection. As a matter of enforcement policy, the Office of Aviation
Enforcement and Proceedings will not take action against Public Charter
applicants (including public charter operators, direct air carriers and
securers) that do not submit an original and two copies of a charter
prospectus so long as (1) the Public Charter applicant submits fully
completed and signed electronic copies of the original documents of OST
Forms 4532, 4533, 4534, and, if applicable, 4535 (including
signatures); and (2) the Public Charter applicant continues to submit
original financial documents such as Letters of Credit, Surety Trust
Agreements, and Surety Bonds.
    Burden Statement: Completion of all forms in a prospectus can be
accomplished in approximately two hours (30 minutes per form) for new
filers and one hour for amendments (existing filings). The forms are
simplified and request only basic information about the proposed
programs and the private sector filer. The respondent can submit a
filing to operate for up to one year and include as many flights as
desired, in most cases. If an operator chooses to make changes to a
previously approved charter operation, then the operator is required by
regulations to file revisions to its original prospectus.
    Respondents: Private Sector: Air carriers; tour operators; the
general public (including groups and individuals, corporations and
Universities or Colleges, etc.).
    Number of Respondents: 245.
    Number of Responses: 1,782.
    Total Annual Burden: 891.

Frequency of Responses

245 (respondents) x 4 = 980
401 (amendments from the same respondents) x 2 = 802
Total estimated responses: 980 + 802 = 1,782

    The frequency of response is dependent upon whether the operator is
requesting a new program or amending an existing prospectus. Variations
occur due to the respondents' criteria. On average four responses
(forms 4532, 4533, 4534 and/or 4535) are required for filing new
prospectuses and two of the responses (forms) are required for
amendments. The separate hour burden estimate is as follows:
    Total Annual Burden: 891 hours.

Approximately 1,782 (responses) x 0.50 (per form) = 891

    Public Comments Invited: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; (b) the accuracy of the Department's estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility and clarity of the information collection; and (d) ways to
minimize the burden of the collection of information on respondents, by
the use of electronic means, including the use of automated collection
techniques or other forms of information technology. All responses to
this notice will be summarized and included in the request for OMB
approval. All comments will also become a matter of public record.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC, on March 18, 2016.
Jeffrey B. Gaynes,
Assistant Director for Regulatory Affairs.
[FR Doc. 2016-06661 Filed 3-23-16; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36536-36537]
[FR Doc No: 2016-13424]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No 848-037]

Wells Rural Electric Company; Notice of Application Tendered for
Filing With the Commission and Soliciting Additional Study Requests and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New License.
    b. Project No.: P-848-037.
    c. Date filed: May 18, 2016.
    d. Applicant: Wells Rural Electric Company.
    e. Name of Project: Trout Creek Hydroelectric Project.
    f. Location: On Trout Creek, near the Town of Wells, Elko County,
Nevada. The project's intake structure, pipeline, debris collection
box, surge tank and approximately 1,500 feet of penstock are located on
federal land managed by the United States Forest Service.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Lonnie Abbott, Manager of Loss Control and
Risk Services, Wells Rural Electric Company, P.O. Box 365, Wells,
Nevada 89835,<PHONE_NUMBER> or<EMAIL_ADDRESS>    FERC Contact: Joseph Hassell,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: July 18, 2016.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426. The first page of any filing should include
docket number P-848-037.
    m. The application is not ready for environmental analysis at this
time.
    n. The existing Trout Creek project consists of: (1) An intake
structure on a spring feeding Trout Creek; (2) a 14-inch-diameter, 715-
foot-long steel pipe; (3) a debris collection box; (4) a 15-inch-
diameter, 1900-foot-long PVC pipe; (4) an 8-foot-diameter, 20-foot high
surge tank; (5) a 16-inch-diameter, 2,125-foot-long penstock; (6) a
powerhouse with a 125-kilowatt turbine-generator unit (7) a 5 to 7-
foot-wide, 30-foot-long tailrace; (8) a 4,412-foot-long, 24.9-kV
transmission line; and, (9) appurtenant facilities. The project is
estimated to generate an average of 325,000 kilowatt-hours annually.
    o. A copy of the application is available for 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, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    q. Procedural schedule and final amendments: The application will
be processed according to the following preliminary Hydro Licensing
Schedule. Revisions to the schedule will be made as appropriate.

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

------------------------------------------------------------------------
Issue Notice of Acceptance.............  May 2016.
Issue Scoping Document 1 for comments..  June 2016.
Comments on Scoping Document 1.........  July 2016.
Issue Scoping Document 2...............  October 2016.
Issue notice of ready for environmental  October 2016.
 analysis.
Commission issues EA, draft EA, or       April 2017.
 draft EIS.
Comments on EA or draft EA or draft EIS  May 2017.
Commission issues final EA of final EIS  July 2017.
------------------------------------------------------------------------

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: May 26, 2016.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-13424 Filed 6-6-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 12, 2007 (Volume 72, Number 197)]
[Notices]
[Page 58109-58110]
[DOCID:fr12oc07-71]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2007-0007]

National Response Framework

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Extension of comment period.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is extending
the comment period on the revised National Response Plan now known as
the National Response Framework (NRF). The NRF was drafted to build
upon the current National Response Plan, incorporate lessons-learned
from recent disasters, and to articulate more clearly the roles of the
States, tribal, and local jurisdictions and the private sector to guide
a successful response to natural disasters or terrorist

attacks. The original comment period was scheduled to conclude on
October 11, 2007. FEMA is extending the comment period until October
22, 2007.

DATES: This notice is effective October 5, 2007. Comments must be
received by October 22, 2007.

ADDRESSES: The NRF is available online in the NRF Resource Center
located at http://www.fema.gov/NRF or http://www.fema.gov/emergency/NRF
, as well as in the docket for this notice at www.regulations.gov.
You may also view a hard copy of the NRF at the Office of Chief
Counsel, Federal Emergency Management Agency, Room 835, 500 C Street,
SW., Washington, DC 20472. You may submit comments on the NRF,
identified by Docket ID FEMA-2007-0007, by one of the following
methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the

instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2007-0007 in
the subject line of the message.
    Fax:<PHONE_NUMBER>.
    Mail/Hand Delivery/Courier: Regulation & Policy Team, Office of
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C
Street, SW., Washington, DC 20472.
    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will

include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice that is available on the Privacy and Use Notice link on the
Administration Navigation Bar of http://www.regulations.gov.

    FEMA has also provided a form, available in the docket at
www.regulations.gov and in the NRF Resource Center at http://www.fema.gov/NRF or http://www.fema.gov/emergency/NRF. Due to the large

number of comments that are expected, FEMA asks that comments be
submitted using this form.
    Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
 Submitted comments may also be inspected at FEMA,

Office of Chief Counsel, Room 835, 500 C Street, SW., Washington, DC
20472.

FOR FURTHER INFORMATION CONTACT: Andrew Slaten, Acting National
Response Framework Branch Chief, Federal Emergency Management Agency,
999 E Street, NW., Washington, DC 20463,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On September 11, 2007, (72 FR 51833), FEMA
published a notice of availability and request for comments on the
National Response Framework (NRF). FEMA has since received requests to
extend the comment period. In order to accommodate these requests and
to provide additional opportunities for public comment, FEMA is
providing notice that it will continue to accept comments on the NRF
until October 22, 2007.
    The NRF is available online in the NRF Resource Center located at
http://www.fema.gov/NRF or http://www.fema.gov/emergency/NRF, and the
docket for this notice at http://www.regulations.gov (docket number FEMA-2007-

0007).

    Authority: Homeland Security Act of 2002, as amended, 6 U.S.C.
101, et seq., Homeland Security Presidential Directive-5, Management
of Domestic Incidents.

    Dated: October 5, 2007.
R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E7-20177 Filed 10-11-07; 8:45 am]

BILLING CODE 9110-21-P


[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Rules and Regulations]
[Pages 57900-57902]
[FR Doc No: 2011-23930]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0760; Directorate Identifier 2011-NE-10-AD;
Amendment 39-16789; AD 2011-18-07]
RIN 2120-AA64

Airworthiness Directives; WYTWORNIA SPRZETU KOMUNIKACYJNEGO (WSK)
``PZL-RZESZOW''--SPOLKA AKCYJNA (SA) PZL--10W Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    An uncommanded engine in-flight shutdown of a PZL-10W has been
recently reported. The investigation has shown that the uncommanded
engine in-flight shutdown was due to excessive spline wear on the
fuel metering pump shaft.
    This condition, if not identified and corrected, may lead to
further uncommanded in-flight engine shutdowns and consequent
emergency landings of the affected helicopters.

    We are issuing this AD to prevent uncommanded engine in-flight
shutdown and risk to the helicopter.

DATES: This AD becomes effective October 4, 2011.
    We must receive comments on this AD by October 19, 2011.
    The Director of the Federal Register approved the incorporation by
reference of WSK Obligatory Bulletin No. E-19W147B/DOA/2010 (this
bulletin has no issue date), listed in the AD as of October 4, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey
Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC
20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (phone:<PHONE_NUMBER>) is the same as the
Mail address provided in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0030, dated February 25, 2011, (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    An uncommanded engine in-flight shutdown of a PZL-10W has been
recently reported. The investigation has shown that the uncommanded
engine in-flight shutdown was due to excessive spline wear on the
fuel metering pump shaft.
    This condition, if not identified and corrected, may lead to
further uncommanded in-flight engine shutdowns and consequent
emergency landings of the affected helicopters.
    To address this unsafe condition, WSK ``PZL-Rzesz[oacute]w''
S.A. has developed an inspection programme of the fuel metering pump
shaft.
    For the reasons described above, this AD requires an inspection
of the fuel metering pump shaft and the accomplishment of the
associated corrective actions, as applicable.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    WSK ``PZL-Rzesz[oacute]w'' S.A has issued Obligatory Bulletin No.
E-19W147B/DOA/2010 (this bulletin has no issue date). The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of Poland,
and is approved for operation in the United States. Pursuant to our
bilateral agreement with EASA, they have notified us of the unsafe
condition described in the MCAI and service information referenced
above. We are issuing this AD because we evaluated all information
provided by EASA and determined the unsafe condition exists and is
likely to exist or develop on other products of the same type design.

FAA's Determination of the Effective Date

    Since no domestic operators use this product, notice and
opportunity for public comment before issuing this AD are unnecessary.
Therefore, we are adopting this regulation immediately.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-0760; Directorate
Identifier 2011-NE-10-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor

union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-18-07 WYTWORNIA SPRZETU KOMUNIKACYJNEGO (WSK) PZL--Rzeszow''
SPOLKA AKCYJNA (SA): Amendment 39-16789; Docket No. FAA-2011-0760;
Directorate Identifier 2011-NE-10-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
24, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to WSK PZL-10W series turboshaft engines
with a fuel metering pump, part number ALRP-5, installed. These
engines are installed on, but not limited to, PZL W-3A and PZL W-3AS
helicopters.

Reason

    (d) The MCAI states that:
    An uncommanded engine in-flight shutdown of a PZL-10W has been
recently reported. The investigation has shown that the uncommanded
engine in-flight shutdown was due to excessive spline wear on the
fuel metering pump shaft.
    This condition, if not identified and corrected, may lead to
further uncommanded in-flight engine shutdowns and consequent
emergency landings of the affected helicopters.
    We are issuing this AD to prevent uncommanded engine in-flight
shutdown and risk to the helicopter.

Actions and Compliance

    (e) Within the compliance time indicated in Table 1 of this AD,
perform a one time inspection of spline teeth on the fuel metering
pump shaft for excessive wear Use WSK Obligatory Bulletin no. E-
19W147B/DOA/2010 (this bulletin has no issue date) to do the
inspection.

                                 Table 1
------------------------------------------------------------------------
    Engine configuration at the
     effective date of this AD        Compliance time for the inspection
------------------------------------------------------------------------
(1) Engine fitted with a fuel        Within 25 hours of engine operation
 metering pump that has accumulated   after the effective date of this
 grater than or equal to 1 000        AD.
 hours of engine operation since
 new or since last overhaul..
(2) Engine fitted with a fuel        Before accumulating 1,000 hours of
 metering pump that has accumulated   engine operation since new or
 less than 1 000 hours since new or   since last overhaul, or within 25
 since last overhaul..                hours of engine operation after
                                      the effective date of this AD,
                                      whichever is later.
------------------------------------------------------------------------

     (3) Do not operate any aircraft with an engine fuel metering
pump that fails the inspection required by paragraph (e) of this AD.
    (4) After the effective date of this AD, do not install any
ALRP-5 fuel pump on an engine unless it passes the inspection
required by paragraph (e) of this AD.

FAA AD Differences

    (f) This AD doesn't require reporting.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:

Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Paperwork Reduction Act Burden Statement

    (2) For any reporting requirement in this AD, a federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

Related Information

    (h) Refer to MCAI Airworthiness Directive 2011-0030, dated
February 25, 2011.
    (i) Contact James Lawrence, Aerospace Engineer, Engine
Certification Office, FAA,

Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA 01803; e-mail<EMAIL_ADDRESS>phone: (781)
238-7176; fax:<PHONE_NUMBER>, for more information about this AD.

Material Incorporated by Reference

    (j) You must use WYTWORNIA SPRZETU KOMUNIKACYJNEGO Obligatory
Bulletin No. E-19W147B/DOA/2010 (this bulletin has no issue date),
to do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
WYTWORNIA SPRZETU KOMUNIKACYJNEGO PZL--Rzeszow'' S.A. Hetmanska 120
35-078 RZESZOW; Poland; phone: (0-17) 8546100, 8546200, fax: (0-17)
8620750.
    (3) You may review copies at the FAA, New England Region, 12 New
England Executive Park, Burlington, MA; or at the National Archives
and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts on August 18, 2011.
Peter A. White,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2011-23930 Filed 9-16-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9548-9550]
[FR Doc No: 2023-03061]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96844; File No. SR-CBOE-2023-010]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Exchange's Fee Schedule for the Cboe Silexx Platform

February 8, 2023.
    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 February 2, 2023 Cboe Exchange, Inc. (``Cboe Options'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend fees for the Cboe Silexx platform. The text of the proposed
rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend fees for the Cboe Silexx platform
(``Cboe Silexx''), effective February 1, 2023. By way of background,
the Silexx platform consists of a ``front-end'' order entry and
management trading platform (also referred to as the ``Silexx
terminal'') for listed stocks and options that supports both simple and
complex orders, and a ``back-end'' platform which provides a connection
to the infrastructure network. From the Silexx platform (i.e., the
collective front-end and back-end platform), a Silexx user has the
capability to send option orders to U.S. options exchanges, send stock
orders to U.S. stock exchanges (and other trading centers), input
parameters to control the size, timing, and other variables of their
trades, and also includes access to real-time options and stock market
data, as well as access to certain historical data. The Silexx platform
is designed so that a user may enter orders into the platform to send
to an executing broker (including Trading Permit Holders (``TPHs'')) of
its choice with connectivity to the platform, which broker will then
send the orders to Cboe Options (if the broker is a TPH) or other U.S.
exchanges (and trading centers) in accordance with the user's
instructions.
    In 2020, the Exchange made a new version of the Silexx platform
available, Cboe Silexx, which supports the trading of non-FLEX Options
\3\ and allows authorized Users with direct access to the Exchange.\4\
The Silexx front-end and back-end platforms are a software application
that is installed locally on a user's desktop. Silexx grants users
licenses to use the platform, and a firm or individual does not need to
be a TPH to license the platform. Use of any version of the Silexx
platform is completely optional.
---------------------------------------------------------------------------

    \3\ In 2019, the Exchange made available an additional version
of the Silexx platform, Silexx FLEX, which supports the trading of
FLEX Options and allows authorized Users with direct access to the
Exchange. See Securities Exchange Act Release No. 87028 (September
19, 2019) 84 FR 50529 (September 25, 2019) (SR-CBOE-2019-061).
    \4\ See Securities Exchange Act Release No. 88741 (April 24,
2020) 85 FR 24045 (April 30, 2020) (SR-CBOE-2020-040).
---------------------------------------------------------------------------

    The Exchange has established a fee structure for Cboe Silexx, based
on Login IDs and set forth in the Silexx Fees Schedule.\5\ Currently,
there is a monthly fee of $275 per Login ID for the first 8 Login IDs
(i.e., Logins Ids 1-8), a fee of $100 per each additional Login ID for
the next 8 Login IDs (i.e., Login IDs 9-16), and each Login ID
thereafter is free (i.e., 17+ Login IDs).
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 89830 (September 11,
2020) 85 FR 58093 (September 17, 2020) (SR-CBOE-2020-085).
---------------------------------------------------------------------------

    The Exchange proposes to amend the fees for Cboe Silexx and update
the Silexx Fees Schedule to reflect the new fees. Particularly, the
Exchange proposes to adopt a monthly fee of $399 per Login ID for the
first 8 Login IDs (i.e., Login IDs 1-8), a fee of $299 per each
additional Login ID for the next 8 Login IDs (i.e., Login IDs 9-16),
and a fee of $199 per each additional Login ID thereafter (i.e., 17+
Login IDs). The fee will continue to be waived for the first month for
any new individual user; the waiver will apply to the month the Login
ID is first purchased.\6\
---------------------------------------------------------------------------

    \6\ For example, if an individual User subscribes to a Cboe
Silexx Login ID on February 15th, the Login ID fee would be waived
for the month of February only.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. Additionally, the Exchange also believes the
proposed rule change is consistent with Section 6(b)(4) of the Act,
which requires that Exchange rules provide for the equitable allocation
of reasonable dues, fees, and other charges among its Trading Permit
Holders and other persons using its facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

    The Exchange believes that its proposed fees are reasonable and
appropriate, because even as amended, they remain competitive with
similar products available throughout the market, including other
available platform versions on Silexx and a similar front-end order
entry system offered by Nasdaq ISE (i.e., ISE's PrecISE terminals).\10\
The Exchange understands that the proposed pricing is also competitive
with, and in some instances even lower than, similar unregulated
products (for which there is no requirement for fees related to those
products to be public). Additionally, use of Cboe Silexx is
discretionary and not compulsory, as users can choose to route orders,
including to Cboe Options, without the use of the platform. The
Exchange makes the platform available as a convenience to market
participants, who will continue to have the option to use any order
entry and management system available in the marketplace to send orders
to the Exchange and other exchanges; the platform is merely an
alternative offered by the Exchange. The Exchange believes the proposed
fees amendments are equitable and not unfairly discriminatory because
they apply to all market participants uniformly.
---------------------------------------------------------------------------

    \10\ See Silexx Fees Schedule, which assesses between $200-$600
per month for the remaining Silexx platforms, other than FLEX which
is assessed no fee. See also Nasdaq ISE's Pricing Schedule, Section
7, which provides for a PrecISE Trade Terminal monthly fee of $350
per user for each of the 1st 10 users and $100 per month for each
additional user.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change will not
impose any burden on intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because it
relates to an optional platform. The proposed fee amendments will apply
to similarly situated participants uniformly, as described in detail
above. As discussed, the use of the platform continues to be completely
voluntary and market participants will continue to have the flexibility
to use any entry and management tool that is proprietary or from third-
party vendors, and/or market participants may choose any executing
brokers to enter their orders. The Cboe Silexx platform is not an
exclusive means of trading, and if market participants believe that
other products, vendors, front-end builds, etc. available in the
marketplace are more beneficial than the Cboe Silexx platform, they may
simply use those

products instead. Use of the functionality is completely voluntary.
    The Exchange does not believe that the proposed rule changes will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed change applies only to Cboe Options. Additionally, Cboe Silexx
is similar to types of products that are widely available throughout
the industry, including from some exchanges, at similar prices. To the
extent that the proposed changes make Cboe Options a more attractive
marketplace for market participants at other exchanges, such market
participants are welcome to become Cboe Options market participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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 \11\ and Rule 19b-4(f)(2) \12\ thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CBOE-2023-010 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-CBOE-2023-010. 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-CBOE-2023-010 and should be submitted on
or before March 7, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03061 Filed 2-13-23; 8:45 am]
BILLING CODE 8011-01-P


--------------------------------------------------------------------------------
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
--------------------------------------------------------------------------------
REGION 8
--------------------------------------------------------------------------------
1595 Wynkoop Street
--------------------------------------------------------------------------------
Denver, CO   80202-1129
--------------------------------------------------------------------------------
Phone<PHONE_NUMBER>
--------------------------------------------------------------------------------
www.epa.gov/region8

Ref: 8ARD-PM

Mr. Mike Natchees
Director, Air Quality Department
Energy & Minerals Division
Ute Indian Tribe
P.O. Box 70
Fort Duchesne, Utah  84026

Dear Mr. Natchees:

The U.S. Environmental Protection Agency Region 8 is proposing to issue a synthetic minor permit for the Anadarko Uintah Midstream, LLC. (Anadarko), Morgan State Compressor Station on the Uintah and Ouray Indian Reservation. As requested by Anadarko, this permit would incorporate enforceable requirements for the installation and operation of one field gas fired, 4-stroke, lean-burn compressor engine using a catalytic emissions control system. Anadarko also requested enforceable requirements to install and operate only instrument air-driven or low-bleed pneumatic controllers. This permit is only intended to incorporate requested emission limits and provisions from the permit application for existing emissions units operating at the facility.

A public comment period for the proposed permit will begin on July 8, 2019, and end on August 6, 2019.

We have enclosed a CD and paper copy containing the proposed permit and supporting documentation, and we ask that you please make this material available for public review until the end of the public comment period. Comments may be submitted via email to<EMAIL_ADDRESS>or through regulations.gov (Docket ID # EPA-R08-OAR-2018-0326). In addition, we have provided copies of the bulletin board public notice announcement and would appreciate it if you would post this announcement in prominent locations in your area. All of these documents will also be available for review in electronic format on our website at: https://www.epa.gov/caa-permitting/caa-permit public-comment-opportunities-region-8.

If you have any questions concerning the enclosed proposed permit or technical support document, please contact Patrick Wauters, of my staff, at<PHONE_NUMBER>.

                                       Sincerely,

                                      Carl Daly
                                      Acting Director
                                      Air and Radiation Division

Enclosures


[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71894-71898]
[FR Doc No: 2023-22929]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98734; File No. SR-EMERALD-2023-26]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Fee Schedule for Purge Ports

October 12, 2023.
    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 September 29, 2023, MIAX Emerald, LLC (``MIAX Emerald'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the MIAX Emerald Options Exchange
Fee Schedule (the ``Fee Schedule'') to amend fees for Purge Ports.\3\
---------------------------------------------------------------------------

    \3\ The proposed fee change is based on a recent proposal by
Nasdaq Phlx LLC (``Phlx'') to adopt fees for purge ports. See
Securities Exchange Act Release No. 97825 (June 30, 2023), 88 FR
43405 (July 7, 2023) (SR-Phlx-2023-28).
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at https://www.miaxglobal.com/markets/us-options/emerald-options/rule-filings, at MIAX's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed

any comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange is proposing to amend the fees for Purge Ports, which
is a function enabling Market Makers \4\ to cancel all open quotes or a
subset of open quotes through a single cancel message. The Exchange
currently provides Market Makers the option to purchase Purge Ports to
assist in their quoting activity. Purge Ports provide Market Makers
with the ability to send purge messages to the Exchange System.\5\
Purge Ports are not capable of sending or receiving any other type of
messages or information. The use of Purge Ports is completely optional
and no rule or regulation requires that a Market Maker utilize them.
---------------------------------------------------------------------------

    \4\ The term ``Market Makers'' refers to Lead Market Makers
(``LMMs''), Primary Lead Market Makers (``PLMMs''), and Registered
Market Makers (``RMMs'') collectively. See Exchange Rule 100.
    \5\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
---------------------------------------------------------------------------

    Unlike other options exchanges that charge fees for Purge Ports on
a per port basis,\6\ the Exchange assesses a flat fee of $1,500 per
month, regardless of the number of Purge Ports. Today, a Market Maker
may request and be allocated two (2) Purge Ports per Matching Engine to
which it connects and not all Market Makers connect to all Matching
Engines. The Exchange now proposes to amend the fee for Purge Ports to
align more with other exchanges who charge on a per port basis by
providing two (2) Purge Ports per Matching Engine for a monthly flat
fee of $600 per month per Matching Engine. The only difference with a
per port structure being is that Market Makers receive two (2) Purge
Ports per Matching Engine for the same proposed monthly fee, rather
than be charged separate fee for each Purge Port. The Exchange proposes
to charge the proposed fee for Purge Ports per Matching Engine, instead
on a per Purge Port basis, due to its system architecture which
provides two (2) Purge Ports per Matching Engine for redundancy
purposes. In addition, the proposed fee would be lower than what other
exchanges charge on a per port basis, notwithstanding that the Exchange
is providing up to two (2) Purge Ports for that same low fee.\7\
---------------------------------------------------------------------------

    \6\ See Cboe BXZ Exchange, Inc. (``BZX'') Options Fee Schedule,
Options Logical Port Fees, Purge Ports ($750 per purge port per
month); Cboe EDGX Exchange, Inc. (``EDGX'') Options Fee Schedule,
Options Logical Port Fees, Purge Ports ($750 per purge port per
month); Cboe Exchange, Inc. (``Cboe'') Fee Schedule ($850 per purge
port per month). See also Nasdaq GEMX, Options 7, Pricing Schedule,
Section 6.C.(3). Nasdaq GEMX, LLC (``Nasdaq GEMX'') assesses its
members $1,250 per SQF Purge Port per month, subject to a monthly
cap of $17,500 for SQF Purge Ports and SQF Ports, applicable to
market makers. See also Securities Exchange Act Release No. 97825
(June 30, 2023), 88 FR 43405 (July 7, 2023) (SR-Phlx-2023-28).
    \7\ Id.
---------------------------------------------------------------------------

    Similar to a per port charge, Market Makers would be also able to
elect the number of Matching Engines they connect to and pay the
applicable fee. The Exchange believes the proposed fee provides Market
Makers with flexibility to control their Purge Ports costs based on the
number of Matching Engines it elects to connect to.
* * * * *
    A logical port represents a port established by the Exchange within
the Exchange's system for trading and billing purposes. Each logical
port grants a Member the ability to accomplish a specific function,
such as order entry, order cancellation, access to execution reports,
and other administrative information.
    Purge Ports are designed to assist Market Makers \8\ in the
management of, and risk control over, their quotes, particularly if the
firm is dealing with a large number of securities. For example, if a
Market Maker detects market indications that may influence the
execution potential of their quotes, the Market Maker may use Purge
Ports to reduce uncertainty and to manage risk by purging all quotes in
a number of securities. This allows Market Makers to seamlessly avoid
unintended executions, while continuing to evaluate the market, their
positions, and their risk levels. Purge Ports are used by Market Makers
that conduct business activity that exposes them to a large amount of
risk across a number of securities. Purge Ports enable Market Makers to
cancel all open quotes, or a subset of open quotes through a single
cancel message. The Exchange notes that Purge Ports increase efficiency
of already existing functionality enabling the cancellation of quotes.
---------------------------------------------------------------------------

    \8\ Members seeking to become registered as a Market Maker must
comply with the applicable requirements of Chapter VI of the
Exchange's Rules.
---------------------------------------------------------------------------

    The Exchange operates highly performant systems with significant
throughput and determinism which allows participants to enter, update
and cancel quotes at high rates. Market Makers may currently cancel
individual quotes through the existing functionality, such as through
the use of a mass cancel message by which a Market Maker may request
that the Exchange remove all or a subset of its quotations and block
all or a subset of its new inbound quotations.\9\As a result, Market
Makers can currently cancel quotes in rapid succession across their
existing logical ports \10\ or through a single cancel message, all
open quotes or a subset of open quotes.
---------------------------------------------------------------------------

    \9\ See Exchange Rule 519C(a) and (b).
    \10\ Current Exchange port functionality supports cancelation
rates that exceed one thousand messages per second and the
Exchange's research indicates that certain market participants rely
on such functionality and at times utilize such cancelation rates.
---------------------------------------------------------------------------

    Similarly, Market Makers may also use cancel-on-disconnect control
when they experience a disruption in connection to the Exchange to
automatically cancel all quotes, as configured or instructed by the
Member or Market Maker.\11\ In addition, the Exchange already provides
similar ability to mass cancel quotes through the Exchange's risk
controls, which are offered at no charge that enables Market Makers to
establish pre-determined levels of risk exposure, and can be used to
cancel all open quotes.\12\ Accordingly, the Exchange believes that the
Purge Ports provide an efficient option as an alternative to already
available services and enhance the Participant's ability to manage
their risk.
---------------------------------------------------------------------------

    \11\ See Exchange Rule 516C(c).
    \12\ See Exchange Rule 532.
---------------------------------------------------------------------------

    The Exchange believes that market participants benefit from a
dedicated purge mechanism for specific Market Makers and to the market
as a whole. Market Makers will have the benefit of efficient risk
management and purge tools. The market will benefit from potential
increased quoting and liquidity as Market Makers may use Purge Ports to
manage their risk more robustly. Only Market Makers that request Purge
Ports would be subject to the proposed fees, and other Market Makers
can continue to operate in exactly the same manner as they do today
without dedicated Purge Ports, but with the additional purging
capabilities described above.
Implementation Date
    The proposed fees will be effective October 1, 2023.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with

section 6(b) of the Act,\13\ in general, and furthers the objectives of
section 6(b)(5) of the Act,\14\ in particular, in that it is not
designed to permit unfair discrimination among customers, brokers, or
dealers. The Exchange also believes that its proposed fee is consistent
with section 6(b)(4) of the Act \15\ because it represents an equitable
allocation of reasonable dues, fees and other charges among market
participants.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would promote
just and equitable principles of trade and remove impediments to and
perfect the mechanism of a free and open market because offering Market
Makers optional service and flexible fee structures promotes choice,
flexibility, efficiency, and competition. The Exchange believes Purge
Ports enhance Market Makers' ability to manage quotes, which would, in
turn, improve their risk controls to the benefit of all market
participants. The Exchange believes that Purge Ports foster cooperation
and coordination with persons engaged in facilitating transactions in
securities because designating Purge Ports for purge messages may
encourage better use of such ports. This may, concurrent with the ports
that carry quotes and other information necessary for market making
activities, enable more efficient, as well as fair and reasonable, use
of Market Makers' resources. Similar connectivity and functionality is
offered by options exchanges, including the Exchange's own affiliated
options exchanges, and other equities exchanges.\16\ The Exchange
believes that proper risk management, including the ability to
efficiently cancel multiple quotes quickly when necessary, is similarly
valuable to firms that trade in the equities market, including Market
Makers that have heightened quoting obligations that are not applicable
to other market participants.
---------------------------------------------------------------------------

    \16\ See supra notes 3 and 6. See also Securities Exchange Act
Release No. 77613 (April 13, 2016), 81 FR 23023 (April 19, 2016).
See also Securities Exchange Act Release Nos. 79956 (February 3,
2017), 82 FR 10102 (February 9, 2017) (SR-BatsBZX-2017-05); 79957
(February 3, 2017), 82 FR 10070 (February 9, 2017) (SR-BatsEDGX-
2017-07); 83201 (May 9, 2018), 83 FR 22546 (May 15, 2018) (SR-C2-
2018-006).
---------------------------------------------------------------------------

    Purge Ports do not relieve Market Makers of their quoting
obligations or firm quote obligations under Regulation NMS Rule
602.\17\ Specifically, any interest that is executable against a
Member's or Market Maker's quotes that is received by the Exchange
prior to the time of the removal of quotes request will automatically
execute. Market Makers that purge their quotes will not be relieved of
the obligation to provide continuous two- sided quotes on a daily
basis, nor will it prohibit the Exchange from taking disciplinary
action against a Market Maker for failing to meet their continuous
quoting obligation each trading day.\18\
---------------------------------------------------------------------------

    \17\ See Exchange Rule 604. See also generally Chapter VI of the
Exchange's Rules.
    \18\ Id.
---------------------------------------------------------------------------

    The Exchange is not the only exchange to offer this functionality
and to charge associated fees.\19\ The Exchange believes the proposed
fee for Purge Ports is reasonable because it is lower than that
currently charged by other exchanges. For example, BZX and EDGX charge
a fee of $750 per purge port per month, Cboe charges $850 per purge
port per month, Nasdaq GEMX assesses its members $1,250 per SQF Purge
Port per month, subject to a monthly cap of $17,500 for SQF Purge Ports
and SQF Ports.\20\
---------------------------------------------------------------------------

    \19\ See supra notes 3 and 6.
    \20\ See supra note 6.
---------------------------------------------------------------------------

    The Exchange believes it is reasonable to charge $600 per month for
Purge Ports as such ports represent targeted enhancement of technology
and were specially developed to allow for the sending of a single
message to cancel multiple quotes, thereby assisting firms in
effectively managing risk. The Exchange also believes that a Member
that chooses to utilize Purge Ports may, in the future, reduce their
need for additional ports by consolidating cancel messages to the Purge
Port and thus freeing up some capacity of the existing logical ports
and, therefore, allowing for increased message traffic without paying
for additional logical ports. Purge Ports provide the ability to cancel
multiple quotes across multiple ports with less messaging from the
firms using the ports and therefore may create efficiencies for firms
and provide a more economical solution to their risk management needs.
In addition, Purge Port requests may cancel quotes submitted over
numerous ports and contain added functionality to purge only a subset
of these quotes. Effective risk management is important both for
individual market participants that choose to utilize risk features
provided by the Exchange, as well as for the market in general. As a
result, the Exchange believes that it is appropriate to charge fees for
such functionality as doing so aids in the maintenance of a fair and
orderly market.
    The Exchange also believes that its ability to set fees for Purge
Ports is subject to significant substitution-based forces because
Market Makers are able to rely on currently available services both
free and those they receive when using existing trading protocols. If
the value of the efficiency introduced through the Purge Port
functionality is not worth the proposed fees, Market Makers will simply
continue to rely on the existing functionality and not pay for Purge
Ports. In that regard, Market Makers may currently cancel individual
quotes through the existing functionality, such as through the use of a
mass cancel message by which a Market Maker may request that the
Exchange remove all or a subset of its quotations and block all or a
subset of its new inbound quotations. Market Makers already can also
cancel quotes individually and by utilizing Exchange protocols that
allow them to develop proprietary systems that can send cancel messages
at a high rate.\21\ In addition, the Exchange already provides similar
ability to mass cancel quotes through the Exchange's risk controls,
which are offered at no charge that enables Market Makers to establish
pre-determined levels of risk exposure, and can be used to cancel all
open quotes.\22\
---------------------------------------------------------------------------

    \21\ Current Exchange port functionality supports cancelation
rates that exceed one thousand messages per second and the
Exchange's research indicates that certain Participants rely on such
functionality and at times utilize such cancelation rates.
    \22\ See Exchange Rule 532.
---------------------------------------------------------------------------

    Similarly, Market Makers may use cancel-on-disconnect control when
they experience a disruption in connection to the Exchange to
immediately cancel all pending Exchange.\23\ Finally, this existing
purging functionality will allow Participants to achieve essentially
the same outcome in canceling quotes as they would by utilizing the
Purge Ports. Accordingly, the Exchange believes that the proposed Purge
Ports fee is reasonable because it is related to the efficiency of
Purge Ports related to other means and services already available which
are either free or already a part of a fee assessed to the
Participant's for existing connectivity. Accordingly, because Purge
Ports provide additional optional functionality, excessive fees would
simply serve to reduce or eliminate demand for this optional product.
---------------------------------------------------------------------------

    \23\ See Exchange Rule 516C(c).
---------------------------------------------------------------------------

    The Exchange also believes that offering Purge Ports at the
Matching Engine level promotes risk management across the industry, and
thereby facilitates investor protection. Some market participants, in
particular the larger firms, could and do build similar risk
functionality (as described above)

in their trading systems that permit the flexible cancellation of
quotes entered on the Exchange at a high rate. Offering Matching Engine
level protections ensures that such functionality is widely available
to all firms, including smaller firms that may otherwise not be willing
to incur the costs and development work necessary to support their own
customized mass cancel functionality.
    As noted above, the Exchange is not the only exchange to offer
dedicated Purge Ports, and the proposed rate is lower than that charged
by other exchanges for similar functionality. The Exchange also
believes that moving to a per Matching Engine fee is reasonable due to
the Exchange's architecture that provides it the ability to provide two
(2) Purge Ports per Matching Engine for a fee that would still be lower
than other exchanges that charge on a per port basis. Generally
speaking, restricting the Exchange's ability to charge fees for these
services discourages innovation and competition. Specifically in this
case, the Exchange's inability to offer similar services to those
offered by other exchanges, and charge reasonable and equitable fees
for such services, would put the Exchange at a significant competitive
disadvantage and, therefore, serve to restrict competition in the
market--especially when other exchanges assess comparable fees higher
than those proposed by the Exchange.
    The Exchange believes that the proposed Purge Port fees are
equitable because the proposed Purge Ports are completely voluntary as
they relate solely to optional risk management functionality.
    The Exchange also believes that the proposed amendments to its fee
schedule are not unfairly discriminatory because they will apply
uniformly to all Market Makers that choose to use the optional Purge
Ports. Purge Ports are completely voluntary and, as they relate solely
to optional risk management functionality, no Market Maker is required
or under any regulatory obligation to utilize them. All Market Makers
that voluntarily select this service option will be charged the same
amount for the same services. All Market Makers have the option to
select any connectivity option, and there is no differentiation among
Market Makers with regard to the fees charged for the services offered
by the Exchange.

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. Purge Ports are completely
voluntary and are available to all Market Makers on an equal basis at
the same cost. While the Exchange believes that Purge Ports provide a
valuable service, Market Makers can choose to purchase, or not
purchase, these ports based on their own determination of the value and
their business needs. No Market Makers is required or under any
regulatory obligation to utilize Purge Ports. Accordingly, the Exchange
believes that Purge Ports offer appropriate risk management
functionality to firms that trade on the Exchange without imposing an
unnecessary or inappropriate burden on competition.
    Furthermore, the Exchange operates in a highly competitive
environment, and its ability to price the Purge Ports is constrained by
competition among exchanges that offer similar functionality. As
discussed, there are currently a number of similar offers available to
market participants for higher fees at other exchanges. Proposing fees
that are excessively higher than established fees for similar
functionality would simply serve to reduce demand for the Purge Ports,
which as discussed, market participants are under no obligation to
utilize. It could also cause firms to shift trading to other exchanges
that offer similar functionality at a lower costs, adversely impacting
the overall trading on the Exchange and reducing market share. In this
competitive environment, potential purchasers are free to choose which,
if any, similar product to purchase to satisfy their need for risk
management. As a result, the Exchange believes this proposed rule
change permits fair competition among national securities exchanges.
    The Exchange also does not believe the proposal would cause any
unnecessary or in appropriate burden on intermarket competition as
other exchanges are free to introduce their own purge port
functionality and lower their prices to better compete with the
Exchange's offering. The Exchange does not believe the proposed rule
change would cause any unnecessary or inappropriate burden on
intramarket competition. Particularly, the proposal would apply
uniformly to any market participant, in that it does not differentiate
between Market Makers. The proposal would allow any interested Market
Makers to purchase Purge Port functionality based on their business
needs.

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,\24\ and Rule 19b-4(f)(2) \25\ 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.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \25\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-EMERALD-2023-26 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-EMERALD-2023-26. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-EMERALD-2023-26 and should
be submitted on or before November 8, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22929 Filed 10-17-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Proposed Rules]
[Pages 50358-50359]
[FR Doc No: 2017-23690]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2017-0297]

Hours of Service of Drivers: Application for Exemption; National
Pork Producers Council (NPPC)

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 the National Pork Producers Council
(NPPC) has requested an exemption from the requirement that a motor
carrier require each of its drivers to use an electronic logging device
(ELD) no later than December 18, 2017, to record the driver's hours-of-
service (HOS). NPPC states it requests the exemption for all livestock
haulers as defined in the application (i.e., transporters of livestock,
poultry, aquaculture, and insects) to address an incompatibility
between the FMCSA's HOS rules and the current structure and realities
of the U.S. livestock industry. NPPC states that the livestock haulers
will not be prepared to meet the December 18, 2017, compliance date for
installing ELDs. NPPC believes that the exemption, if granted, would
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption. FMCSA requests
public comment on NPPC's application for exemption.

DATES: Comments must be received on or before November 30, 2017.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0297 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     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.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
     Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    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.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email: [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0297), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2017-0297'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.

II. Legal Basis

    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)).

III. Request for Exemption

    NPPC filed this application for exemption on behalf of itself and
the following organizations: American Beekeeping Federation; American
Farm Bureau Federation; Livestock Marketing Association; National
Aquaculture Association; National Cattleman's Beef Association; North
American Meat Institute; and the U.S. Cattlemen's Association.
    NPPC requests an exemption for all livestock haulers, which they
define as ``livestock, poultry, aquaculture, and insect producers,
processors and transporters,'' from the requirement in 49 CFR part 395
that no later than December 18, 2017, a motor carrier require each of
its drivers to use an electronic logging device (ELD) to record the
driver's hours-of-service (HOS).
    NPPC states that it is seeking this limited exemption from ELDs for
livestock haulers because:
    (1) Livestock haulers are not, and will not be prepared to meet the
December 18, 2017 compliance date;
    (2) The current ELD retail marketplace does not clearly support the
needs of livestock haulers and questions remain as to whether current
ELD devices can accommodate HOS exemptions currently utilized by the
livestock industry;
    (3) There is a significant lack of education and awareness by
livestock haulers and the livestock producers they service regarding
the ELD mandate, current exemptions, and the use and operation of ELDs,
requiring time for adequate outreach and training to take place; and
    (4) Concern over the ELD mandate has exposed incompatibilities
between the HOS rules and the livestock industry, and is causing
disruption for livestock haulers, increasing already severe driver
shortages, and endangering the health and welfare of the millions of
animals transported by livestock carriers daily.
    NPPC notes that their industry is encountering two problem areas
regarding the use of ELDs. First, because the ELD initiative fails to
directly address the unique requirements of the livestock industry,
those drivers who are aware of the program have had difficulty
researching the ELD marketplace and identifying cost-effective
solutions that are compatible with livestock hauling. NPPC claims that
the vendors in the commercial ELD marketplace lack an understanding of
the unique needs of the livestock industry and essential design
features for their products. Second, nationwide, the average age of
American truck drivers is 49. For livestock haulers, the age is likely
significantly higher. As a result, these drivers are less familiar with
the use of new technology and require more time to train on ELD use.
Forcing these drivers to comply with the ELD mandate without
appropriate training unfairly discriminates against older drivers who
are otherwise more experienced and qualified to haul livestock.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    NPPC claims that granting this exemption for the extremely limited
segment of the overall transportation economy engaged in the shipment
of livestock, will achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent an exemption.
    In their application, NPPC explains that livestock haulers are
responsible for the daily transportation of millions of animals. They
state that the welfare and safety of the animals in transit, together
with the safety of other drivers on the road, are the industry's top
priorities. NPPC advises that most livestock haulers have participated
in additional specialized training, including the pork industry's
Transport Quality Assurance (TQA) program and the beef industry's
Master Castle Transporter (MCT) program, which provide instruction on
proper animal handling and transportation methods. These voluntary
education programs were developed by and are offered through the U.S.
Department of Agriculture.
    The pork industry's TQA program is designed to address the driver
safety and animal welfare needs of the approximately 600,000 pigs
transported every day on U.S. roads. While the program is voluntary,
most major packers require that any driver arriving on their property
be TQA-certified. The beef industry's MCT training program was designed
by cattle experts and volunteers to educate haulers about low-stress
safe handling and transportation methods for cattle. According to the
MCT training program, proper handling and transport of cattle reduces
sickness, prevents bruising, and improves the quality of the meat.
These drivers also transport live fish, which requires a driver to
focus on road safety, equipment maintenance, fish health, and water
quality. Moving live fish by truck also requires specialized equipment,
species-specific loading, and on-time delivery.
    NPPC states that the emphasis these programs place on animal
welfare benefits driver safety, as it encourages livestock haulers to
slow down, be more aware of their surroundings and road conditions, and
avoid rough-road situations that could result in animal injury. In
addition to general highway safety and accident prevention measures,
these programs also focus on the primary underlying goal of the HOS
rule--addressing fatigue. For example, the pork industry's TQA program
educates haulers about driver fatigue prevention by stressing adequate
rest, appropriate climate conditions in the cab, a healthy diet, and
how to recognize the signs of fatigue.
    NPPC states that granting a limited exemption from the ELD mandate
for livestock haulers will enable FMCSA and the livestock industry to
undertake the training and education necessary for livestock haulers to
understand ELDs. It will also provide an opportunity for FMCSA to
develop livestock-specific solutions to the underlying HOS concerns of
the industry.
    A copy of NPPC's application for exemption is available for review
in the docket for this notice.

    Issued on: October 25, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-23690 Filed 10-30-17; 8:45 am]
 BILLING CODE 4910-EX-P