[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11856-11858]
[FR Doc No: 2019-05947]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0121; FMCSA-2013-0123; FMCSA-2014-0106; FMCSA-
2012-0154; FMCSA-2015-0328]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for eleven
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before April 29,
2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0121; FMCSA-2013-0123;
FMCSA-2014-0106; FMCSA-2012-0154; FMCSA-2015-0328 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket numbers for this
notice (Docket No. FMCSA-2012-0154; FMCSA-2013-0121; FMCSA-2013-0123;
FMCSA-2014-0106; FMCSA-2015-0328), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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 that FMCSA can contact you
if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket numbers, FMCSA-2012-0154; FMCSA-2013-0121; FMCSA-2013-
0123; FMCSA-2014-0106; FMCSA-2015-0328, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on 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.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket numbers, FMCSA-2013-0121; FMCSA-2013-0123; FMCSA-
2014-0106; FMCSA-2012-0154; FMCSA-2015-0328, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. 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.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption. The statute also allows the Agency
to renew exemptions at the end of the five-year period. FMCSA grants
exemptions from the FMCSRs for a two-year period to align with the
maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951.
    49 CFR 391.41(b)(11) was adopted in 1970, with a revision in 1971
to allow drivers to be qualified under this standard while wearing a
hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3,
1971).

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the eleven
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The eleven drivers in this
notice remain in good standing with the Agency. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for these drivers for a period of two
years is likely to achieve a level of safety equal to that existing
without the exemption.
    As of January 3, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, Daniel Grossinger (MD) has satisfied the renewal conditions
for obtaining an exemption from the hearing requirement in the FMCSRs
for interstate drivers.
    This driver was included in docket number FMCSA-2013-0121. The
exemption is applicable as of January 3, 2019, and will expire on
January 3, 2021.
    As of January 10, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
    Christopher McKenzie (TX); Kimothy McLoed (GA); and James Weir
(WA).
    The drivers were included in docket numbers FMCSA-2014-0106 and
FMCSA-2013-0123. Their exemptions are applicable as of January 10,
2019, and will expire on January 10, 2021.
    As of January 15, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Tyjuan Davis (VA)
Jerry Jones (TX)
Gerson Raminez (MT)
Justin Trethewey (FL)

    The drivers were included in docket number FMCSA-2012-0154. Their
exemptions are applicable as of January 15, 2019, and will expire on
January 15, 2021.
    As of January 22, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
    Heath A. Focken (NE); Jaymes A. Harr (IA); and Tyra Peterson (IA).
    The drivers were included in docket number FMCSA-2015-0328. Their
exemptions are applicable as of January 22, 2019, and will expire on
January 22, 2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in 49
CFR 390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA;
and (3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for two years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136 and 31315.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the eleven exemption applications,
FMCSA renews the exemptions of the aforementioned drivers from the
hearing requirement in 49 CFR 391.41 (b)(11). In accordance with 49
U.S.C. 31136(e) and 31315, each exemption will be valid for two years
unless revoked earlier by FMCSA.

    Issued on: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-05947 Filed 3-27-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Notices]
[Pages 49095-49096]
[FR Doc No: 2014-19591]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2013-1078]

National Offshore Safety Advisory Committee; September 2014
Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of teleconference meeting.

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SUMMARY: The National Offshore Safety Advisory Committee will meet via
teleconference to receive a final report from the Subcommittee on
Marine Casualty Reporting on the Outer Continental Shelf. This meeting
will be open to the public.

DATES: The teleconference will take place on Wednesday, September 24,
2014, from 2 p.m. to 4 p.m. EDT. This meeting may close early if all
business is finished. If you wish to make oral comments at the
teleconference, notify Mr. Scott E. Hartley before the teleconference,
as specified in the FOR FURTHER INFORMATION CONTACT section, or
designated Coast Guard staff at the meeting. If you wish to submit
written comments or make a presentation, submit your comments or
request to make a presentation by September 17, 2014. Also, if you want
to come to the teleconference host location in person, you must request
building access by September 17, 2014.

ADDRESSES: The Committee will meet via teleconference. To participate
by phone, please contact Mr. Scott E. Hartley listed below in the FOR
FURTHER INFORMATION CONTACT section to obtain teleconference
information. Note the number of teleconference lines is limited and
will be available on a first-come, first-served basis. To come to the
host location in person and join those participating in this
teleconference from U.S. Coast Guard Headquarters, 2703 Martin Luther
King Jr. Ave. SE., Washington, DC 20593-7509, please contact Mr. Scott
E. Hartley listed in the FOR FURTHER INFORMATION CONTACT section to
request directions and building access. You must request building
access by September 17, 2014, and present a valid, government-issued
photo identification to gain entrance to the Coast Guard Headquarters
building.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the teleconference,
contact Mr. Scott E. Hartley listed in the FOR FURTHER INFORMATION
CONTACT section, as soon as possible.
    If you want to make a presentation, send your request by September
17, 2014, to Mr. Scott E. Hartley listed in the FOR FURTHER INFORMATION
CONTACT section. To facilitate public participation we are inviting
public comment on the issues to be considered by the Committee as
listed in the ``Agenda'' section below. You may submit a written
comment on or before September 17, 2014, or make an oral comment during
the public comment portion of the teleconference.
    To submit a comment in writing, use one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include the docket number
(USCG-2013-1078) on the subject line of the message.
     Fax:<PHONE_NUMBER>. Include the docket number (USCG-2013-
1078) on the subject line of the fax.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
     To avoid duplication, please use only one of these
methods.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
notice. All comments received will be posted without alteration at
http://www.regulations.gov, including any personal information
provided. You may review a Privacy Act notice regarding our public
dockets in the January 17, 2008, issue of the Federal Register (73 FR
3316).
    Docket: For access to the docket to read documents or comments
related to this Notice, go to http://www.regulations.gov, insert USCG-
2013-1078 in the Search box, press Enter, and then click on the item
you wish to view.

FOR FURTHER INFORMATION CONTACT: Mr. Scott E. Hartley, Alternate
Designated Federal Official of the National Offshore Safety Advisory
Committee, Commandant (CG-OES-2), U.S. Coast Guard, 2703 Martin Luther
King Jr. Ave. SE., Stop 7509, Washington, DC 20593-7509; telephone
(202) 372-1437, fax<PHONE_NUMBER> or Mr. Dennis Fahr, Alternate
Designated Federal Official of the National Offshore Safety Advisory
Committee, Commandant (CG-OES-2), U.S. Coast Guard, 2703 Martin Luther
King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509; telephone
(202) 372-1427, fax<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. Appendix, Public Law 92-463,
86 Statute 770, as amended. The National Offshore Safety Advisory
Committee provides advice and recommendations to the Department of
Homeland Security on matters and actions concerning activities directly
involved with or in support of the exploration of offshore mineral and
energy resources insofar as they relate to matters within U.S. Coast
Guard jurisdiction.

Agenda of Meeting

    The agenda for the September 24, 2014, teleconference includes:
    (1) Receive a final report from the Subcommittee on Marine Casualty
Reporting on the Outer Continental Shelf.
    (a) There will be a presentation of the report followed by a
comment period for National Offshore Safety Advisory Committee members
and the public.
    (b) After the comment period the Committee will formulate
recommendations for the Department's consideration.
    (2) National Offshore Safety Advisory Committee member comments.
    (3) Public comments.
    A copy of the draft final report and the agenda will be available
at https://homeport.uscg.mil/nosac.
    During the September 24, 2014, teleconference, a public comment
period will be held from approximately 3:45 p.m. to 4 p.m. Speakers are
requested to limit their comments to three minutes. Please note that
this public comment period may start before 3:45 p.m. if all other
agenda items have been covered and may end before 4 p.m. if all of
those wishing to comment have done so. Please contact Mr. Scott E.
Hartley, listed in the FOR FURTHER INFORMATION CONTACT section to
register as a speaker.

Minutes

    Minutes from the meeting will be available for public review and
copying within 90 days following the meeting at https://homeport.uscg.mil/nosac.

Notice of Future 2014 National Offshore Safety Advisory Committee
Meetings

    To receive automatic email notices of future National Offshore
Safety Advisory Committee meetings in 2014,

go to the online docket, USCG-2013-1078 (http://www.regulations.gov/#!docketDetail;D=USCG-2013-1078), and select the sign-up-for-email-
alerts option. We plan to use the same docket number for all National
Offshore Safety Advisory Committee meeting notices in 2014, so when the
next meeting notice is published you will receive an email alert from
http://www.regulations.gov when the notice appears in this docket.

    Dated: August 14, 2014.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2014-19591 Filed 8-18-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65608-65610]
[DOCID:fr21no07-96]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0079]

Standard on Fire Brigades; Extension of the Office of Management
and Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified in
its Standard on Fire Brigades (29 CFR 1910.156).

DATES: Comments must be submitted (postmarked, sent, or received) by
January 22, 2008.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0079, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2007-0079). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://www.regulations.gov.
 For further information on submitting comments see

the ``Public Participation'' heading in the section of this notice
titled ``Supplementary Information.''
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at

the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;

however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
that OSHA obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
    Paragraphs (b)(1), (b)(2), (c)(1), (c)(2), and (c)(4) contain the
paperwork requirements of the Standard.
    Under paragraph (b)(1) of the Standard, employers must develop and
maintain an organizational statement that establishes the: Existence of
a fire brigade; the basic organizational structure of the brigade;
type, amount, and frequency of training provided to brigade members;
expected number of

members in the brigade; and functions that the brigade is to perform.
This paragraph also specifies that the organizational statement must be
available for review by employees, their designated representatives,
and OSHA compliance officers. The organizational statement delineates
the functions performed by the brigade members and, therefore,
determines the level of training and type of personal protective
equipment (PPE) necessary for these members to perform their assigned
functions safely. Making the statement available to employees, their
designated representatives, and OSHA compliance officers ensures that
the elements of the statement are consistent with the functions
performed by the brigade members and the occupational hazards they
experience, and that employers are providing training and PPE
appropriate to these functions and hazards.
    To permit an employee with known heart disease, epilepsy, or
emphysema to participate in fire-brigade emergency activities,
paragraph (b)(2) of the Standard requires employers to obtain a
physician's certificate of the employee's fitness to do so. This
provision provides employers with a direct and efficient means of
ascertaining whether or not they can safely expose employees with these
medical conditions to the hazards of fire-fighting operations.
    Paragraph (c)(1) of the Standard requires employers to provide
training and education for fire-brigade members commensurate with the
duties and functions they perform, with brigade leaders and training
instructors receiving more comprehensive training and education than
employers provide to the general membership. Under paragraph (c)(2) of
the Standard, employers must conduct training and education frequently
enough, but at least annually, to assure that brigade members are able
to perform their assigned duties and functions satisfactorily and
safely; employers must provide brigade members who perform interior
structural fire fighting with educational and training sessions at
least quarterly. In addition, paragraph (c)(4) specifies that employers
must: Inform brigade members about special hazards such as storage and
use of flammable liquids and gases, toxic chemicals, radioactive
sources, and water-reactive substances that may be present during fires
and other emergencies; advise brigade members of changes in the special
hazards; and develop written procedures that describe the actions
brigade members must take when special hazards are present, and make
these procedures available in the education and training program and
for review by the brigade members.
    Providing appropriate training to brigade members at the specified
frequencies, informing them about special hazards, developing written
procedures on how to respond to special hazards, and making these
procedures available for training purposes and review by the members
enables them to use operational procedures and equipment in a safe
manner to avoid or control dangerous exposures to fire related hazards.
Therefore, the training and information requirements specified by
paragraphs (c)(1), (c)(2), and (c)(4) of the Standard prevent serious
injuries and death among members of fire brigades.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on Fire Brigades (29
CFR 1910.156). The Agency is requesting an adjustment decrease from
6,042 hours to 5,048 hours for a total decrease of 994 hours. The
decrease is a result of updated data estimating that the total number
of establishments requiring new or revised organizational statements
has declined from 2,797 to 2,337; and that the number of fire brigade
members has declined from 559,390 to 467,330. The Agency will summarize
the comments submitted in response to this notice and will include this
summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on Fire Brigades (29 CFR 1910.156).
    OMB Number: 1218-0075.
    Affected Public: Business or other for-profit.
    Number of Respondents: 7,010.
    Frequency: On occasion.
    Average Time Per Response: Varies from 5 minutes (.05 hour) to
obtain a physician's certificate to 2 hours to develop or revise an
organizational plan.
    Estimated Total Burden Hours: 5,048.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0079). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled Addresses).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov.
 Therefore, OSHA cautions commenters about

submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov
 index, some information (e.g., copyrighted

material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit

comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31159).

    Signed at Washington, DC, on November 15, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E7-22706 Filed 11-20-07; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30896-30897]
[FR Doc No: 2023-10280]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0501; Airspace Docket No. 23-AWP-3]
RIN 2120-AA66

Amendment of Very High Frequency (VHF) Omnidirectional Range
(VOR) Federal Airways V-6, V-338, V-494, and United States Area
Navigation (RNAV) Route T-331

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Very High Frequency (VHF)
Omnidirectional Range (VOR) Federal airways V-6, V-338, V-494, and
United States Area Navigation (RNAV) route T-331 descriptions to
reflect the Squaw Valley, CA, VOR/Distance Measuring Equipment (DME)
navigational aid (NAVAID) name changing to the Palisades, CA, VOR/DME.
This action only makes editorial amendments to the affected Air Traffic
Service (ATS) routes listed above, it does not change the NAVAID
identifier (SWR), the ATS route structures, or the Fixes and waypoints
on the routes.

DATES: Effective date 0901 UTC, August 10, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of this final rule and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it amends the VOR Federal airway V-6, V-338, and V-494,
and RNAV route T-331 descriptions.

Incorporation by Reference

    Domestic VOR Federal airways and United States Area Navigation
Routes are published in paragraphs 6010 and 6011, respectively, of FAA
Order JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by updating references to the
Squaw Valley, CA, VOR/DME in VOR Federal airways V-6, V-338, V-494, and
RNAV route T-331 descriptions with its new name, the Palisades, CA,
VOR/DME. This action is necessary in order to reflect the NAVAID name
change of the Squaw Valley VOR/DME to the Palisades VOR/DME being made
in the National Airspace System Resource database concurrent with the
effective date of this rule. This is an editorial change only and does
not change the affected ATS route structures or the location of any
Fixes or waypoints on the routes. Therefore, notice and public
procedures under 5 U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that the editorial amendments to the
descriptions of VOR Federal airways V-6, V-338, V-494, and RNAV route
T-331 are due to the Squaw Valley, CA, VOR/DME navigational aid
(NAVAID) name changing to the Palisades, CA, VOR/DME. qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas,

airways, routes, and reporting points (see 14 CFR part 71, Designation
of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes;
and Reporting Points); and paragraph 5-6.5k, which categorically
excludes from further environmental review the publication of existing
air traffic control procedures that do not essentially change existing
tracks, create new tracks, change altitude, or change concentration of
aircraft on these tracks. As such, this action is not expected to
result in any potentially significant environmental impacts. In
accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-6 [Amended]

    From Oakland, CA; INT Oakland 039[deg] and Sacramento, CA,
212[deg] radials; Sacramento; Palisades, CA; Mustang, NV; Lovelock,
NV; Battle Mountain, NV; INT Battle Mountain 062[deg] and Wells, NV,
256[deg] radials; Wells; 5 miles, 40 miles, 98 MSL, 85 MSL, Lucin,
UT; 43 miles, 85 MSL, Ogden, UT; 11 miles, 50 miles, 105 MSL, Fort
Bridger, WY; Rock Springs, WY; 20 miles, 39 miles, 95 MSL, Cherokee,
WY; 39 miles, 27 miles, 95 MSL, Medicine Bow, WY; INT Medicine Bow
106[deg] and Sidney, NE, 291[deg] radials; Sidney; North Platte, NE;
Grand Island, NE; Omaha, IA; Des Moines, IA; Iowa City, IA;
Davenport, IA; INT Davenport 087[deg] and DuPage, IL, 255[deg]
radials; to DuPage. From INT Chicago Heights, IL, 358[deg] and
Gipper, MI, 271[deg] radials; to Gipper. From Philipsburg, PA;
Selinsgrove, PA; Allentown, PA; Solberg, NJ; INT Solberg 107[deg]
and Yardley, PA, 068[deg] radials; INT Yardley 068[deg] and La
Guardia, NY, 213[deg] radials; to La Guardia.
* * * * *

V-338 [Amended]

    From Linden, CA; Hangtown, CA; to Palisades, CA.
* * * * *

V-494 [Amended]

    From Crescent City, CA; INT Crescent City 195[deg] and Fortuna,
CA, 345[deg] radials; Fortuna; INT Fortuna 170[deg] and Mendocino,
CA, 321[deg] radials; Mendocino; INT Point Reyes, CA, 006[deg] and
Scaggs Island, CA, 314[deg] radials; Sacramento, CA; INT Sacramento
038[deg] and Palisades, CA, 249[deg] radials; Palisades; INT
Palisades 078[deg] and Hazen, NV, 244[deg] radials; to Hazen.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-331 FRAME, CA to FONIA, ND [Amended]

FRAME, CA                                       FIX                            (Lat. 36[deg]36'46.74'' N, long. 119[deg]40'25.53'' W)
NTELL, CA                                       WP                             (Lat. 36[deg]53'58.99'' N, long. 119[deg]53'22.21'' W)
KARNN, CA                                       FIX                            (Lat. 37[deg]09'03.79'' N, long. 121[deg]16'45.22'' W)
VINCO, CA                                       FIX                            (Lat. 37[deg]22'35.11'' N, long. 121[deg]42'59.52'' W)
NORCL, CA                                       WP                             (Lat. 37[deg]31'02.66'' N, long. 121[deg]43'10.60'' W)
MOVDD, CA                                       WP                             (Lat. 37[deg]39'40.88'' N, long. 121[deg]26'53.53'' W)
EVETT, CA                                       WP                             (Lat. 38[deg]00'36.11'' N, long. 121[deg]07'48.14'' W)
TIPRE, CA                                       WP                             (Lat. 38[deg]12'21.00'' N, long. 121[deg]02'09.00'' W)
Palisades, CA (SWR)                             VOR/DME                        (Lat. 39[deg]10'49.16'' N, long. 120[deg]16'10.60'' W)
TRUCK, CA                                       FIX                            (Lat. 39[deg]26'15.67'' N, long. 120[deg]09'42.48'' W)
Mustang, NV (FMG)                               VORTAC                         (Lat. 39[deg]31'52.60'' N, long. 119[deg]39'21.87'' W)
Lovelock, NV (LLC)                              VORTAC                         (Lat. 40[deg]07'30.95'' N, long. 118[deg]34'39.34'' W)
Battle Mountain, NV (BAM)                       VORTAC                         (Lat. 40[deg]34'08.69'' N, long. 116[deg]55'20.12'' W)
TULIE, ID                                       WP                             (Lat. 42[deg]37'58.49'' N, long. 113[deg]06'44.54'' W)
AMFAL, ID                                       WP                             (Lat. 42[deg]45'56.67'' N, long. 112[deg]50'04.64'' W)
Pocatello, ID (PIH)                             VOR/DME                        (Lat. 42[deg]52'13.38'' N, long. 112[deg]39'08.05'' W)
VIPUC, ID                                       FIX                            (Lat. 43[deg]21'09.64'' N, long. 112[deg]14'44.08'' W)
Idaho Falls, ID (IDA)                           VOR/DME                        (Lat. 43[deg]31'08.42'' N, long. 112[deg]03'50.10'' W)
SABAT, ID                                       FIX                            (Lat. 44[deg]00'59.71'' N, long. 111[deg]39'55.04'' W)
Billings, MT (BIL)                              VORTAC                         (Lat. 45[deg]48'30.81'' N, long. 108[deg]37'28.73'' W)
EXADE, MT                                       FIX                            (Lat. 47[deg]35'56.78'' N, long. 104[deg]32'40.61'' W)
JEKOK, ND                                       WP                             (Lat. 47[deg]59'31.05'' N, long. 103[deg]27'17.51'' W)
FONIA, ND                                       FIX                            (Lat. 48[deg]15'35.07'' N, long. 103[deg]10'37.54'' W)

    Issued in Washington, DC, on May 9, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-10280 Filed 5-12-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83303-83308]
[FR Doc No: 2016-27896]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79316; File No. SR-NYSE-2016-45]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Change, as Modified by Amendment Nos. 1 and 2, Amending the
Co-Location Services Offered by the Exchange To Add Certain Access and
Connectivity Fees

November 15, 2016.

I. Introduction

    On July 29, 2016, the New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change (1) to provide additional information regarding
access to various trading and execution services; connectivity to
market data feeds and testing and certification feeds; connectivity to
Third Party Systems; and connectivity to DTCC provided to Users using
data center local area networks; and (2) to establish fees relating to
a User's access to various trading and execution services; connectivity
to market data feeds and testing and certification feeds; connectivity
to DTCC; and other services. The proposed rule change was published for
comment in the Federal Register on August 17, 2016.\3\ The Exchange
filed Amendment No. 1 to the proposed rule change on August 16,
2016.\4\ Amendment No. 1 was published for comment in the Federal
Register on September 26, 2016.\5\ The Commission received one comment
in response to the proposed rule change, as modified

by Amendment No. 1 and the Exchange responded.\6\ On October 4, 2016,
the Commission extended the time period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
rule change to November 15, 2016.\7\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 34-78556 (August 11,
2016), 81 FR 54877 (``Original Notice'').
    \4\ Amendment No. 1 (i) Amended the third party data feed MSCI
from 20 Gigabite (``Gb'') to 25 Gb and amended the price from $2,000
to $1,200; (ii) clarified the costs associated with providing a
greater amount of bandwidth for Premium NYSE Data Products for a
particular market as compared to the bandwidth requirements for the
Included Data Products for that same market; (iii) provided further
details on Premium NYSE Data Products, including their composition,
product release dates, and further detail on the reasonableness of
their applicable fees; (iv) added an explanation for the varying fee
differences for the same Gb usage for third party data feeds, DTCC,
and Virtual Control Circuit.
    \5\ See Securities Exchange Act Release No. 34-78887 (September
20, 2016), 81 FR 66095. (``Notice'')
    \6\ See letter to Brent J. Fields, Secretary, Commission, from
John Ramsay, Chief Market Policy Officer, Investors Exchange LLC
(IEX), dated September 9, 2016 (``IEX Letter'').
     On September 23, 2016, the NYSE submitted a response
(``Response Letter'').
    \7\ See Securities Exchange Act Release No. 34-78966 (September
28, 2016), 81 FR 68475.
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    On November 2, 2016, the Exchange filed Amendment No. 2 to the
proposed rule change.\8\ The Commission is publishing this order to
solicit comments on Amendment No. 2 from interested persons and to
institute proceedings pursuant to Exchange Act Section 19(b)(2)(B) to
determine whether to approve or disapprove the proposed rule change, as
modified by Amendment Nos. 1 and 2.\9\ Institution of proceedings does
not indicate that the Commission has reached any conclusions with
respect to the proposed rule change, nor does it mean that the
Commission will ultimately disapprove the proposed rule change. Rather,
as discussed below, the Commission seeks additional input on the
proposed rule change, as modified by Amendment Nos. 1 and 2, and on the
issues presented by the proposal.
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    \8\ Amendment No. 2 is discussed further infra. Amendment No. 2
is available on the Commission's Web site at https://www.sec.gov/comments/sr-nyse-2016-45/nyse201645-4.pdf.
    \9\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of the Proposed Rule Change, as Modified by Amendment
Nos. 1 and 2

    The proposed rule change seeks to amend the co-location services
offered by the Exchange to (1) provide additional information regarding
access to trading and execution services and connectivity to data
provided to Users with local area networks available in the data
center; and (2) establish fees relating to a User's \10\ access to
trading and execution services; connectivity to data feeds and to
testing and certification feeds; connectivity to clearing; and other
services.\11\
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    \10\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See Securities
Exchange Act Release No. 76008 (September 29, 2015), 80 FR 60190
(October 5, 2015) (SR-NYSE-2015-40). As specified in the Price List,
a User that incurs co-location fees for a particular co-location
service pursuant thereto would not be subject to co-location fees
for the same co-location service charged by the Exchange's
affiliates NYSE MKT LLC (``NYSE MKT'') and NYSE Arca, Inc. (``NYSE
Arca'' and, together with NYSE MKT, the ``Affiliate SROs''). See
Securities Exchange Act Release No. 70206 (August 15, 2013), 78 FR
51765 (August 21, 2013) (SR-NYSE-2013-59).
    \11\ See Notice, supra note 5, 81 FR at 66096.
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Background and Access to Exchange Systems

    As discussed more fully in the Notice, a User can purchase access
to the Liquidity Center Network (``LCN'') and/or internet protocol
(``IP'') network in the data center through the purchase of a 1, 10, or
40 Gb LCN circuit, a 10 Gb LX Circuit, bundled network access, Partial
Cabinet Solution bundle, or 1, 10 or 40 Gb IP network access.\12\ The
purchase of any of the LCN or IP network circuit options gives a User
access \13\ to the Exchange's trading and execution systems,
connectivity to the Exchange's certification and testing feeds,\14\ and
the ability to connect to any NYSE Data Product.\15\ More specifically,
access to the Exchange's trading and execution system provides a User
with access to the Exchange's ``customer gateways that provide for
order entry, order receipt (i.e. confirmation that an order has been
received), receipt of drop copies and trade reporting (i.e. whether a
trade is executed or cancelled), as well as for sending information to
shared data services for clearing and settlement.'' \16\ The Exchange
seeks to add clarifying language in its proposed rule to reflect the
services included with purchase of Exchange system access.\17\
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    \12\ See id. at 66097.
    \13\ The purchase of access is subject to receiving
authorization from the NYSE, NYSE MKT or NYSE Arca for the Included
Data Products, as applicable. See id. at 66097 n.12.
    \14\ Certification feeds are used to certify that a User
conforms to any relevant technical requirements for receipt of data
or access to Exchange systems. Testing feeds, which do not carry
live production data, provide Users with an environment to conduct
tests with the non-live data, including testing for upcoming
Exchange releases and product enhancements or the User's own
software development. See id. at 66097. These feeds are only
available over the IP network, however a User without an IP network
connection may obtain an IP network circuit for purposes of testing
and certification for free for three months. See id. at 66097 n.14.
    \15\ See id. at 66097.
    \16\ See Notice, supra note 5, 81 FR at 66097. The Exchange
represents that connectivity to the Exchange systems can be obtained
without the purchase of access to the LCN or IP network. See id.
    \17\ See id.
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Connectivity to Included Data Products

    As discussed more fully below, the Exchange offers connectivity to
three types of data products: Included Data Products, Premium NYSE Data
Products, and Third Party Data Feeds.\18\ As discussed more fully in
the Notice, the Included Data Products include Consolidated Tape
Association (``CTA'') disseminated data feeds and NMS data feeds.\19\
The CTA disseminates consolidated real-time trade and quote information
in NYSE listed securities (Network A) and NYSE MKT, NYSE Arca and other
regional exchanges' listed securities (Network B) pursuant to a
national market system plan.\20\ The NMS data feeds include
Consolidated Tape System and Consolidated Quote System data streams, as
well as Options Price Reporting Authority feeds.\21\ To obtain
connectivity to the Included Data Products, a User must enter into a
contract with the data provider and pay any applicable fees.\22\ Once
the Exchange receives an authorization from the data feed provider, the
Exchange will provide connectivity to the Included Data Product(s)
through a User's LCN or IP network port.\23\ The Exchange does not
charge any additional fees for this connectivity ``because such access
and connectivity is directly related to the purpose of co-location.''
\24\ The Exchange proposes to add language to the Price List to specify
that there are no additional fees for connectivity to Included Data
Products.\25\
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    \18\ See id. Neither the NYSE Data Products or Third Party Data
Feeds provide access or order entry to the Exchange's execution
system. See id. Connectivity to the NYSE Data Products is available
in three forms: A resilient feed, ``Feed A'', or ``Feed B.'' A
resilient feed includes two copies of the same feed for redundancy
purposes and Feed A and Feed B are identical feeds. A User that
wants redundancy would connect to both Feed A and Feed B or two
resilient feeds, using two different ports. See id.; see also id. at
66097 n. 15.
    \19\ See id. at 66097.
    \20\ See id.
    \21\ See id.
    \22\ See id.
    \23\ See id.
    \24\ See id.; see also Amendment No. 2, supra note 8.
    \25\ See id. at 66098.
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Connectivity to Premium NYSE Data Products

    As part of its data product offerings, the Exchange now proposes to
provide connectivity to Premium NYSE Data Products from the Exchange
and its Affiliate SROs to Users over either the LCN and/or IP network
``because such access and connectivity is directly related to the
purpose of co-location.'' \26\ The proposed rule change seeks to amend
the Price List to specify the connectivity fees for Premium NYSE Data
Products.\27\
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    \26\ See id.; see also Amendment No. 2, supra note 8.
    \27\ See Notice, supra note 5, 81 FR at 66098.
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    As discussed more fully in the Notice, the Premium NYSE Data
Products are ``equity market data products that are

variants of the equity Included Data Products. Each Premium NYSE Data
Product integrates, or includes data elements from, several Included
Data Products.'' \28\ These Integrated Feeds include ``depth of book
order data (with add, modify and delete orders), trades (with
corrections and cancel/errors), opening and closing imbalance data,
security status updates (e.g., trade corrections and trading halts) and
stock summary messages. The stock summary messages display a market's
opening price, high price, low price, closing price, and cumulative
volume for a security. Only the Integrated Feeds offer all these
components in sequence in one feed.'' \29\ Additionally, the NYSE BQT
data feed includes, among other things, certain data elements from six
of the equity Included Data Products of the Exchange and Affiliated
SROs in one data feed: NYSE Trades, NYSE BBO, NYSE Arca Trades, NYSE
Arca BBO, NYSE MKT Trades, and NYSE MKT BBO.\30\
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    \28\ See id. Examples include: (1) The NYSE Integrated Feed that
includes, among other items, data from three of the equity Included
Data Products: NYSE OpenBook, NYSE Trades, and NYSE Order
Imbalances; and (2) the NYSE BQT data feed that includes, among
other items, specific data elements from six of the equity Included
Data Products: NYSE Trades, NYSE BBO, NYSE Arca Trades, NYSE Arca
BBO, NYSE MKT Trades, and NYSE MKT BBO. See id. Additionally, with
respect to the NYSE Amex and NYSE Arca options data, neither NYSE
Amex nor NYSE Arca offer Premium NYSE Data Products because there
are ``no options data products that integrate, or include data
elements from, other option data products in the same manner that
the NYSE, NYSE MKT and NYSE Arca Integrated Feeds integrate, or
include data elements from, equity Included Data Products.'' See id.
    \29\ See Amendment No. 2, supra note 8.
    \30\ See id. None of the Included Data Products provide Users
with data from the Exchange and Affiliate SROs in one feed. See id.
Also, according to the Exchange, the Premium Data Products contain
more data overall in comparison to the Included Data Products and
potentially can be subject to greater technical specifications in
order to receive the feed(s). See Notice, supra note 5, 81 FR at
66098. ``For example, a User connecting to the NYSE Arca Integrated
Feed, NYSE Integrated Feed or NYSE MKT Integrated Feed would need at
least a 1 Gb IP network connection in order to connect to either
Feed A or Feed B. To connect to a resilient feed, the User would
require an LCN or IP network connection of at least 10 Gb.'' See id.
at 66097 n. 15.
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    As is the case with Included Data Products, a User of Premium NYSE
Data Products must enter into a contract with the data provider for
each feed and the provider would then authorize the Exchange to provide
connectivity of the particular feed to that User's LCN or IP Network
port.\31\ The Exchange proposes to charge a User a monthly recurring
fee per each Premium NYSE Data Product feed for the connectivity
provided by the Exchange.\32\
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    \31\ See Notice, supra note 5, 81 FR at 66098.
    \32\ See id.
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Connectivity to Third Party Data Feeds

    The Exchange's proposal further seeks to offer Third Party Data
Feeds to Users and to charge a connectivity fee per feed as reflected
on its Price List.\33\ In the data center, the Exchange receives Third
Party Data Feeds from multiple national securities exchanges and other
content service providers which it then provides to requesting Users
for a fee.\34\ With the exceptions of Global OTC and NYSE Global Index,
Users connect to Third Party Data Feeds over the IP network.\35\ In
charging for this service, the Exchange notes that its practice is
consistent with the monthly fee Nasdaq charges its co-location
customers for connectivity to third party data.\36\
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    \33\ See id. at 66099.
    \34\ See id.
    \35\ See id.
    \36\ See id. The Exchange notes that Nasdaq charges monthly fees
of $1,500 and $4,000 for connectivity to BATS Y and BATS,
respectively, and of $2,500 for connectivity to EDGA or EDGX. See
id.
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    In order to connect to a Third Party Data Feed, a User must enter
into a contract with the relevant third party market or content service
provider, under which the third party market or content service
provider charges the User for the data feed.\37\ The Exchange receives
these Third Party Data Feeds over its fiber optic network and, after
the data provider and User enter into a contract and the Exchange
receives authorization from the data provider, the Exchange re-
transmits the data to the User over a User's port.\38\ Users only
receive, and are only charged for, the feed(s) which they have entered
into contracts for.\39\ Additionally, the Exchange notes that Third
Party Data Feeds do not provide access or order entry to its execution
system or access to the execution system of the third party generating
the feed.\40\ The Exchange proposes to charge a monthly recurring fee
for connectivity to each Third Party Data Feed, however for SuperFeed
and MSCI it proposes to charge different fees which vary based on the
bandwidth requirements for the connection.\41\ A User is free to
receive all or some of the feeds included in the Price List.\42\
Moreover, the Exchange notes that Third Party Data Feed providers may
charge redistribution fees, such as Nasdaq's Extranet Access Fees and
OTC Markets Group's Access Fees,\43\ which the Exchange will pass
through to the User in addition to charging the applicable connectivity
fee.\44\ Finally, the Exchange permits third party markets or content
providers that are also Users to connect to their own Third Party Data
Feeds without a charge.\45\ The Exchange represents that it does not
charge Users that are third party markets or content providers for
connectivity to their own feeds because such parties generally receive
their own feeds for purposes of diagnostics and testing.\46\
---------------------------------------------------------------------------

    \37\ See id.
    \38\ See id.
    \39\ See id.
    \40\ See id. There is one exception to this for the ICE feeds
which include both market data and trading and clearing services. In
order to receive the ICE feeds, a User must receive authorization
from ICE to receive both market data and trading and clearing
services. See id.
    \41\ See id.
    \42\ See id.
    \43\ See id. at 66100.
    \44\ See id.
    \45\ See id.
    \46\ See id.
---------------------------------------------------------------------------

Connectivity to Other Services

    As part of its data center offerings, the Exchange also seeks to
provide access and connectivity to Third Party Systems/content service
providers, the DTCC \47\ (collectively ``Service Providers''), third
party certification and testing feeds,\48\ and Virtual Control Circuits
\49\ (``VCCs'').\50\ The proposed rule change seeks to amend the Price
List to add new fees for connectivity to these Service Providers and
third party certification and testing feeds and to specify that
connectivity is dependent on a User meeting the necessary technical
requirements, paying the applicable fees, and the Exchange receiving
authorization to establish a connection for a User.\51\ Similarly, the
proposed rule change seeks to amend the Price List to add a new fee for
connectivity for VCCs which will similarly require permission from the
other User before the Exchange will establish the connection.\52\
Accordingly,

the Exchange proposes to amend its Price List to add recurring monthly
connectivity fees for Service Providers and VCCs based upon the
bandwidth requirements per system and/or VCC connection between two
Users.\53\ For third party certification and testing feeds, the
Exchange proposes to revise its Price List to include a monthly
recurring $100 fee per feed.\54\
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    \47\ ``Such connectivity to DTCC is distinct from the access to
shared data services for clearing and settlement services that a
User receives when it purchases access to the LCN or IP network. The
shared data services allow Users and other entities with access to
the Trading Systems to post files for settlement and clearing
services to access.'' See id. at 66100 n. 36.
    \48\ Certification feeds certify that a User conforms to any of
the relevant content service providers' requirements for accessing
Third Party Systems or receiving Third Party Data, whereas testing
feeds provide Users an environment in which to conduct system tests
with non-live data. See id. at 66100.
    \49\ A VCC (previously called a ``peer to peer'' connection) is
a two-way connection through which two participants can establish a
connection between two points over dedicated bandwidth using the IP
network to be used for any purpose. See id. at 66101.
    \50\ See id. at 66099-66101.
    \51\ See id. at 66099-66100.
    \52\ See id. at 66100-66101.
    \53\ See id. at 66099-66101.
    \54\ See id. at 66100.
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    For each service, a User must execute a contract with the
respective Service Provider and/or third party certification and
testing feed provider(s) pursuant to which a User pays each the
associated fee(s) for their services.\55\ Once the Exchange receives
authorization from the Service Provider and/or third party
certification and testing feed provider(s), the Exchange will enable a
User to connect to the Service Provider and/or third party
certification and testing feed(s) over the IP Network.\56\ Similarly,
with respect to VCCs, the Exchange will not establish a VCC connection
over its IP Network until the other User confirms the VCC request.\57\
Finally, the Exchange notes, that its execution system does not provide
access to Service Provider systems, nor do the Service Provider systems
provide access to the Exchange's execution system.\58\
---------------------------------------------------------------------------

    \55\ See id. at 66099-66100.
    \56\ See id. For Third Party Systems, once the Exchange receives
the authorization from the respective third party it establishes a
unicast connection between the User and the relevant third party
over the IP network. See id. at 66099. For the DTCC, ``[t]he
Exchange receives the DTCC feed over its fiber optic network and,
after DTCC and the User enter into the services contract and the
Exchange receives authorization from DTCC, the Exchange provides
connectivity to DTCC to the User over the User's IP network port.''
See id. at 66100.
    \57\ See Notice, supra note 5, 81 FR at 66101.
    \58\ See id. at 66099-66100.
---------------------------------------------------------------------------

    As noted above, the Commission received one comment letter.\59\
This commenter (1) requested clarification about the history of the
fees and ``the increasing costs of maintaining the data center and
providing co-location compared to any related fee revenue'' and (2)
expressed a concern about whether ``there are any true alternatives
that are practically available to various types of participants who are
seeking to compete with those who are paying exchanges for co-location
and data services.'' \60\ Specifically, the commenter noted that the
NYSE states that the connectivity fees are used to defray the costs
associated with providing co-location to Users, but, the commenter
questions whether the fees to cover the increasing costs of providing
co-location are applied in an equitable manner.\61\ Moreover, with
respect to alternatives, the commenter noted that broker-dealers face
best execution obligations that are ``critically impacted by sub-
millisecond differences in access to exchange systems and market
data.'' \62\ As a result, market participants face the quandary of
whether to trade from outside the data center if other members are
trading from inside.\63\ Additionally, some broker-dealers trading for
clients ``may be practically required to buy and consume proprietary
market data feeds directly from exchanges in order to provide
competitive products for those clients.'' \64\ The commenter believes
that this environment ``imposes a form of trading tax on all members by
offering different methods of access to different members.'' \65\ The
commenter questions whether true alternatives are available for
participants seeking to compete with firms paying for exchange co-
location and data services and whether the Exchange's ability to set
fees is truly constrained by market forces for a ``comparable
product''.\66\
---------------------------------------------------------------------------

    \59\ See IEX Letter, supra note 6.
    \60\ See id. at 1-2.
    \61\ See id. at 1-2.
    \62\ See id. at 2.
    \63\ See id.
    \64\ See id.
    \65\ See id.
    \66\ See id.
---------------------------------------------------------------------------

    As discussed above, the Exchange submitted a response to the
commenter.\67\ The Exchange in its Response Letter stated that
historical information about the development of these product offerings
is ``not required by the Act and is not relevant to [ ] the substance
of the Proposal-which is, by definition, forward looking. . . .'' \68\
Additionally, the Response Letter noted that costs are not the only
consideration in setting its prices, but rather the prices ``include
the competitive landscape; whether Users would be required to utilize a
given service; the alternatives available to Users; and, significantly,
the benefits Users obtain from the services.'' \69\ With respect to the
commenter's concern about members needing additional information to
assess the fixed costs of exchange membership, the Exchange responded
that these are not fixed costs of ``Exchange members'' but instead
costs to any User who voluntarily chooses to purchase such services
based upon ``[t]he form and latency of access and connectivity that
bests suits a User's needs . . .'' \70\ Users do not require the
Exchange's access or connectivity to trade on the Exchange and can
instead use alternative access and connectivity options for trading if
they choose.\71\
---------------------------------------------------------------------------

    \67\ See Response Letter, supra note 6.
    \68\ See id. at 2.
    \69\ See id.
    \70\ See id. at 4.
    \71\ See id.
---------------------------------------------------------------------------

    In response to the commenter's argument regarding different methods
of access to trading, the Exchange stated that ``it is a vendor of fair
and non-discriminatory access, and like any vendor with multiple
product offerings, different purchasers may make different choices
regarding which products they wish to purchase.'' \72\ The Exchange
further stated in response to the commenter's concern of a lack of true
alternatives for a ``comparable product'', that the filing lists
several alternative options for Users and a User can evaluate the
``relative benefits of those alternatives and choose whichever it deems
most beneficial to it. . . .'' \73\
---------------------------------------------------------------------------

    \72\ See id. at 5. The Exchange makes a further argument about
the Exchange being a regulated co-location space whereas other
unregulated co-location options are available. See id.
    \73\ See id. at 6. The Exchange noted that it is not addressing
the commenter's statements about broker-dealers needing to purchase
market data from the Exchange as that is outside the scope of this
proposal. See id. at 5 n.13.
---------------------------------------------------------------------------

Amendment No. 2

    In Amendment No. 2, the Exchange offers additional justification
for the proposed rule change.\74\ In Amendment No. 2, the Exchange
addressed (1) the benefits offered by the Premium NYSE Data Products
that are not present in the Included Data Products (2) how Premium NYSE
Data Products are related to the purpose of co-location, (3) the
similarity of charging for connectivity to Third Party Systems and DTCC
and charging for connectivity to Premium NYSE Data Products and (4) the
costs incurred by the Exchange in providing connectivity to Premium
NYSE Data Products to Users in the data center.\75\ In the Amendment,
the Exchange provided further detail on the benefits provided to Users
through the Premium NYSE Data Products including ``depth of book order
data (with add, modify and delete orders), trades (with corrections and
cancel/errors), opening and closing imbalance data, security status
updates (e.g., trade corrections and trading halts) and stock summary
messages.'' \76\ The Exchange also clarified which costs are associated
with providing Users with access and connectivity to the various
services discussed in the filing, including the Premium NYSE Data
Products.
---------------------------------------------------------------------------

    \74\ See Amendment No. 2, supra note 8.
    \75\ See id.
    \76\ See id.; see also supra note 29 and accompanying text.

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

III. Proceedings To Determine Whether To Disapprove SR-NYSE-2016-45 and
Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \77\ to determine whether the proposed rule
change, as modified by Amendment Nos. 1 and 2, should be approved or
disapproved. Institution of such proceedings is appropriate at this
time in view of the legal and policy issues raised by the proposed rule
change, as modified by Amendment Nos. 1 and 2. Institution of
proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, as
described below, the Commission seeks and encourages interested persons
to provide comments on the proposed rule change, as modified by
Amendment Nos. 1 and 2.
---------------------------------------------------------------------------

    \77\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act, the Commission is
providing notice of the following grounds for disapproval that are
under consideration:
     Section 6(b)(4) of the Act, which requires that the rules
of a national securities exchange ``provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities,'' \78\
---------------------------------------------------------------------------

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

     Section 6(b)(5) of the Act, which requires, among other
things, that the rules of a national securities exchange be ``designed
to perfect the operation of a free and open market and a national
market system'' and ``protect investors and the public interest,'' and
not be ``designed to permit unfair discrimination between customers,
issuers, brokers, or dealers,'' \79\ and
---------------------------------------------------------------------------

    \79\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

     Section 6(b)(8) of the Act, which requires that the rules
of a national securities exchange ``not impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of [the Act].'' \80\
---------------------------------------------------------------------------

    \80\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    As discussed above, the Exchange's proposal would, among other
things, establish fees relating to a User's access to trading and
execution services, connectivity to data feeds and to testing and
certification feeds, connectivity to clearing, and other services. The
Exchange believes that the proposed fees are consistent with Sections
6(b)(4), (5), and (8) of the Act because the fees charged for co-
location services are constrained by the active competition for the
order flow and other business from such market participants.\81\ The
Exchange stated that charging excessive fees would make it stand to
lose not only co-location revenues but also the liquidity of the
formerly co-located trading firms.\82\ Additionally, the Exchange
believes that because there are alternatives for a User both in and
outside of the data center if it believes the fees are too excessive,
the fees are consistent with the Act.\83\ Specifically, the Exchange
noted that a User could terminate its co-location arrangement with the
exchange ``and adopt a possible range of alternative strategies,
including placing their servers in a physically proximate location
outside the exchange's data center (which could be a competing
exchange), or pursuing strategies less dependent upon the lower
exchange-to-participant latency associated with co-location.'' \84\
Additionally, ``[a]s alternatives to using the Access and Connectivity
provided by the Exchange, a User may access or connect to such services
and products through another User or through a connection to an
Exchange access center outside the data center, third party access
center, or third party vendor. The User may make such connection
through a third party telecommunication provider, third party wireless
network, the SFTI network, or a combination thereof.'' \85\ However,
the Exchange also stated that the expectation of co-location was that
normally Users would expect reduced latencies in sending orders to the
Exchange and in receiving market data from the Exchange by being co-
located.\86\ Therefore, as the Exchange states in Amendment No. 2, both
Included Data Products and Premium NYSE Data Products are ``directly
related to the purpose of co-location.'' \87\ The commenter suggests
\88\ that Users do not in fact have alternatives to paying the
connectivity fee to obtain NYSE Premium Data Products. If these
products are integral to co-located Users for trading on the Exchange,
the Commission questions whether obtaining the information contained in
these products from another source is, in fact, a viable alternative
given the importance of receiving such information in a timely manner.
The Commission is concerned that the Exchange has not supported its
argument that there are viable alternatives for Users inside the data
center in lieu of obtaining such information from the Exchange. The
Commission seeks comment on whether Users do have viable alternatives
to paying the Exchange a connectivity fee for the NYSE Premium Data
Products.
---------------------------------------------------------------------------

    \81\ See Notice, supra note 5, 81 FR at 66102.
    \82\ See id.
    \83\ See id.
    \84\ See id.
    \85\ See id.
    \86\ See id.
    \87\ See Amendment No. 2, supra note 8.
    \88\ See IEX Letter, supra note 6.
---------------------------------------------------------------------------

    Additionally, the Exchange states that both Included Data Products
and Premium NYSE Data Products are ``directly related to the purpose of
co-location.'' The Commission is concerned that the Exchange has not
made clear why including the cost of connectivity to the Included Data
Products in the purchase of a LCN or IP network connection and charging
an additional fee to obtain the Premium NYSE Data Products is an
equitable allocation of reasonable dues, fees, and other charges among
Users in the data center; does not unfairly discriminate between
customers, issuers, brokers, or dealers; and does not impose a burden
on competition which is not necessary or appropriate in furtherance of
the purposes of the Act. The Commission is concerned that the Exchange
has not identified a distinction between the provision of connectivity
to Included Data Products and the provision of connectivity to Premium
NYSE Data Products, as opposed to a distinction between the utility of
the Included Data Products and Premium NYSE Data Products to Users,
which the Exchange has demonstrated, even though these are all NYSE
proprietary data products. Therefore, the Commission is concerned that
the Exchange has not identified a reasonable basis for charging Users a
separate connectivity fee for the Premium NYSE Data Products while
including connectivity in the purchase price for a LCN/IP network
connection. The Exchange stated in its filing that both are ``directly
related to the purpose of co-location'' but it has not clearly
justified why this permits including the connectivity fee for Included
Data Products as part of the LCN or IP Network connection, even for
those Users that do not use the Included Data Products, but not
including the connectivity fee for the Premium NYSE Data Products as
well.
    Similarly, the Exchange justifies the costs associated with
providing these feeds by stating ``[i]n order to offer connectivity to
the Premium NYSE Data Products, the Exchange must provide, maintain and
operate the data center facility hardware and technology
infrastructure. The Exchange must handle the installation,
administration, monitoring, support and maintenance of the
connectivity, including by ensuring that the network infrastructure has
the

necessary bandwidth for the Premium NYSE Data Products and responding
to any production issues.'' \89\ The Commission does not believe the
Exchange has clearly explained why the same rationale would not apply
to the Included Data Products. The Exchange has sought to justify this
on the basis that the Premium NYSE Data Products are similar to any
other service offered by the Exchange such as connectivity to Third
Party Systems and DTCC.\90\ The Commission however is concerned that
these Premium NYSE Data Products are similar to the Included Data
Products and therefore should not include different fee structures as
they are the same offering by the Exchange within the contemplated
purpose of co-location. The Commission seeks comment on whether
charging fees for Included Data Products and Premium NYSE Data Products
in a different manner is consistent with Section 6(b)(4) of the Act.
---------------------------------------------------------------------------

    \89\ See Amendment No. 2, supra note 8.
    \90\ See id.
---------------------------------------------------------------------------

Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data and arguments with respect to the
concerns identified above, as well as any other concerns they may have
with the proposed rule change, as modified by Amendment Nos. 1 and 2.
In particular, the Commission invites the written views of interested
persons concerning whether the proposal, as modified by Amendment Nos.
1 and 2, is consistent with Sections 6(b)(4), (5), or (8) \91\ or any
other provision of the Act, or the rules and regulations thereunder.
Although there does not appear to be any issue relevant to approval or
disapproval which would be facilitated by an oral presentation of
views, data, and arguments, the Commission will consider, pursuant to
Rule 19b-4 under the Act,\92\ any request for an opportunity to make an
oral presentation.\93\
---------------------------------------------------------------------------

    \91\ 15 U.S.C. 78f(b)(4), (b)(5) and (b)(8).
    \92\ 17 CFR 240.19b-4.
    \93\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants to
the Commission flexibility to determine what type of proceeding--
either oral or notice and opportunity for written comments--is
appropriate for consideration of a particular proposal by a self-
regulatory organization. See Securities Act Amendments of 1975,
Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No. 75,
94th Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal, as modified by Amendment Nos.
1 and 2, should be approved or disapproved by December 12, 2016. Any
person who wishes to file a rebuttal to any other person's submission
must file that rebuttal by December 27, 2016. In light of the concerns
raised by the proposed rule change, as discussed above, the Commission
invites additional comment on the proposed rule change, as modified by
Amendment Nos. 1 and 2, as the Commission continues its analysis of the
proposed rule change's consistency with Sections 6(b)(4), (5) and
(8),\94\ or any other provision of the Act, or the rules and
regulations thereunder. The Commission asks that commenters address the
sufficiency and merit of the Exchange's statements in support of the
proposed rule change, as modified by Amendment Nos. 1 and 2, in
addition to any other comments they may wish to submit about the
proposed rule change.
---------------------------------------------------------------------------

    \94\ 15 U.S.C. 78f(b)(4), (b)(5), and (b)(8).
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments:

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NYSE-2016-45 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSE-2016-45. 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 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 Web site 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 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 No. SR-NYSE-2016-45, and shoul`d be
submitted by December 12, 2016. Rebuttal comments should be submitted
by December 27, 2016.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\95\
---------------------------------------------------------------------------

    \95\ 17 CFR 200.30-3(a)(57).

Brent J. Fields,
Secretary.
[FR Doc. 2016-27896 Filed 11-18-16; 8:45 am]
BILLING CODE 8011-01-P