[Federal Register: May 7, 2010 (Volume 75, Number 88)]
[Proposed Rules]
[Page 25169-25174]
[DOCID:fr07my10-29]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 594

[Docket No. NHTSA 2010-0035; Notice 1]
RIN 2127-AK70

Schedule of Fees Authorized by 49 U.S.C. 30141

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes fees for Fiscal Year 2011 and until
further notice, as authorized by 49 U.S.C. 30141, relating to the
registration of importers and the importation of motor vehicles not
certified as conforming to the Federal motor vehicle safety standards
(FMVSS). These fees are needed to maintain the registered importer (RI)
program.

DATES: You should submit your comments early enough to ensure that
Docket Management receives them no later than June 7, 2010.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by 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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://
DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Clint Lindsay, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>). For legal issues, you may call
Nicholas Englund, Office of Chief Counsel, NHTSA<PHONE_NUMBER>). You
may call Docket Management at<PHONE_NUMBER>. You may visit the Docket in
person from 9 a.m. to 5 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION:

Introduction

    On June 24, 1996, at 61 FR 32411, we published a notice that
discussed in full the rulemaking history of 49 CFR part 594 and the
fees authorized by the Imported Vehicle Safety Compliance Act of 1988,
Public Law 100-562, since recodified at 49 U.S.C. 30141-47. The reader
is referred to that notice for background information relating to this
rulemaking action. Certain fees were initially established to become
effective January 31, 1990, and have been periodically adjusted since
then.
    We are required to review and make appropriate adjustments at least
every two years in the fees established for the administration of the
RI program. See 49 U.S.C. 30141(e). The fees applicable in any fiscal
year (FY) are to be established before the beginning of such year.
Ibid. We are proposing fees that would become effective on October 1,
2010, the beginning of FY 2011. The statute authorizes fees to cover
the costs of the importer registration program, to cover the cost of
making import eligibility decisions, and to cover the cost of
processing the bonds furnished to the Department of Homeland Security
(Customs). We last amended the fee schedule in 2008. See final rule
published on September 24, 2008 at 73 FR 54981. Those fees apply to
Fiscal Years 2009 and 2010.
    The proposed fees are based on time and costs associated with the
tasks for which the fees are assessed and reflect the increase in
hourly costs in the past two fiscal years attributable to the
approximately 4.78 and 2.42 percent raises (including the locality
adjustment for Washington, DC) in salaries of employees on the General
Schedule that became effective on January 1, 2009, and on January 1,
2010, respectively.

Requirements of the Fee Regulation

Section 594.6--Annual Fee for Administration of the Importer
Registration Program

    Section 30141(a)(3) of Title 49, U.S. Code provides that RIs must
pay the annual fees established ``* * * to pay for the costs of
carrying out the registration program for importers * * *'' This fee is
payable both by new applicants and by existing RIs. To maintain its
registration, each RI, at the time it submits its annual fee, must also
file a statement affirming that the information it furnished in its
registration application (or in later submissions amending that
information) remains correct (49 CFR 592.5(f)).
    In compliance with the statutory directive, we reviewed the
existing fees and their bases in an attempt to establish fees that
would be sufficient to recover the costs of carrying out the
registration program for importers for at least the next two fiscal
years. The initial component of the Registration Program Fee is the fee
attributable to processing and acting upon registration applications.
We have tentatively determined that this fee should be increased from
$295 to $320 for new applications. We have also tentatively determined
that the fee for the review of the annual statement should be increased
from $186 to $195. The proposed adjustments reflect our time
expenditures in reviewing both new applications and annual statements
with accompanying documentation, as well as the inflation factor
attributable to Federal salary increases and locality adjustments in
the two years since the fees were last adjusted.
    We must also recover costs attributable to maintenance of the
registration program that arise from the need for us to review a
registrant's annual statement and to verify the continuing validity of
information already submitted. These costs also include anticipated
costs attributable to the possible revocation or suspension of
registrations and reflect the amount of time that we have devoted to
those matters in the past two years.
    Based upon our review of these costs, the portion of the fee
attributable to the maintenance of the registration program is
approximately $475 for each RI, an increase of $10. When this $475 is
added to the $320 representing the registration application component,
the cost to an applicant for RI status comes to $795, which is the fee
we propose. This represents an increase of $35 over the existing fee.
When the $475 is added to the $195 representing the annual statement
component, the total cost to an RI for renewing its registration comes
to $670, which represents an increase of $19.
    Sec. 594.6(h) enumerates indirect costs associated with processing
the annual renewal of RI registrations. The provision states that these
costs represent a pro-rata allocation of the average salary and
benefits of employees who process the annual statements and perform
related functions, and ``a pro-rata allocation of the costs
attributable to maintaining the office space, and the computer or word
processor.'' For the purpose of establishing the fees that are
currently in existence, indirect costs are $20.31 per man-hour. We are
proposing to increase this figure by $.36, to $20.67. This proposed
increase is based on the difference between enacted budgetary costs
within the Department of Transportation for the last two fiscal years,
which were higher than the estimates used when the fee schedule was
last amended, and takes account of further projected increases over the
next two fiscal years.

Sections 594.7, 594.8--Fees To Cover Agency Costs in Making Importation
Eligibility Decisions

    Section 30141(a)(3) also requires registered importers to pay other
fees the Secretary of Transportation establishes to cover the costs of
``* * * (B) making the decisions under this subchapter.'' This includes
decisions on whether the vehicle sought to be imported is substantially
similar to a motor vehicle that was originally manufactured for
importation into and sale in the United States and certified by its
original manufacturer as complying with all applicable FMVSS, and
whether the vehicle is capable of being readily altered to meet those
standards. Alternatively, where there is no substantially similar U.S.
certified motor vehicle, the decision is whether the safety features of
the vehicle comply with, or are capable of being altered to comply
with, the FMVSS based on destructive test information or such other
evidence that NHTSA deems to be adequate. These decisions are made in
response to petitions submitted by RIs or manufacturers, or on the
Administrator's own initiative.
    The fee for a vehicle imported under an eligibility decision made
in response to a petition is payable in part by the petitioner and in
part by other importers. The fee to be charged for each vehicle is the
estimated pro-rata share of the costs in making all the eligibility
decisions in a fiscal year. Inflation and General Schedule raises must
also be taken into account in the computation of costs.
    The agency believes that the volume of petition-based imports for
the next two fiscal years should not be projected on the basis of any
single year. The agency estimates the number of vehicles that will be
imported under an import eligibility petition in each year for Fiscal
Years 2011 and 2012 will equal the average number of such imports over
that past five years. Further, the agency estimates the number of
import eligibility petitions that will be filed in each year for Fiscal
Years 2011 and 2012 will equal the average number of petitions filed
each year since 2000. Based on these estimates, we project that 554
vehicles would be imported under petition-based eligibility decisions
and that 25 petition-based import eligibility decisions would be made.
    Based on these estimates, we project that for Fiscal Years 2011 and
2012, the agency's costs for processing these 25 petitions will be
$95,479. The petitioners will pay $8,125 of that amount in the
processing fees that accompanied the filing of their petitions, leaving
the remaining $87,354 to be recovered from the importers of the 554
vehicles imported under petition-based import eligibility decisions.
Dividing $87,354 by 554 yields a pro-rata fee of $158 for each vehicle
imported under an eligibility decision that resulted from the granting
of a petition. We are therefore proposing to decrease the pro-rata
share of petition costs that are to be assessed against the importer of
each vehicle from $198 to $158, which represents a decrease of $40. The
same $158 fee would be paid regardless of whether the vehicle was
petitioned under 49 CFR 593.6(a), based on the substantial similarity
of the vehicle to a U.S. certified model, or was petitioned under 49
CFR 593.6(b), based on the safety features of the vehicle complying
with, or being capable of being modified to comply with, all applicable
FMVSS.
    We are proposing no increase in the current fee of $175 that covers
the initial processing of a ``substantially similar'' petition.
Likewise, we are also proposing to maintain the existing fee of $800 to
cover the initial costs for processing petitions for vehicles that have
no substantially similar U.S.-certified counterpart.
    In the event that a petitioner requests an inspection of a vehicle,
the fee for such an inspection would remain $827 for vehicles that are
the subject of either type of petition.
    The importation fee varies depending upon the basis on which the
vehicle is determined to be eligible. For vehicles covered by an
eligibility decision on the

agency's own initiative (other than vehicles imported from Canada that
are covered by import eligibility numbers VSA-80 through 83, for which
no eligibility decision fee is assessed), we are proposing that the fee
remain $125. NHTSA determined that the costs associated with previous
eligibility determinations on the agency's own initiative would be
fully recovered by October 1, 2010. We propose to apply the fee of $125
per vehicle only to vehicles covered by determinations made by the
agency on its own initiative on or after October 1, 2010.

Section 594.9--Fee for Reimbursement of Bond Processing Costs and Costs
for Processing Offers of Cash Deposits or Obligations of the United
States in Lieu of Sureties on Bonds

    Section 30141(a)(3) also requires a registered importer to pay any
other fees the Secretary of Transportation establishes ``* * * to pay
for the costs of--(A) processing bonds provided to the Secretary of the
Treasury * * *'' upon the importation of a nonconforming vehicle to
ensure that the vehicle would be brought into compliance within a
reasonable time, or if it is not brought into compliance within such
time, that it be exported, without cost to the United States, or
abandoned to the United States.
    The Department of Homeland Security (Customs) exercises the
functions associated with the processing of these bonds. To carry out
the statute, we make a reasonable determination of the costs that
Department incurs in processing the bonds. In essence, the cost to
Customs is based upon an estimate of the time that a GS-9, Step 5
employee spends on each entry, which Customs has judged to be 20
minutes.
    Based on General Schedule salary raises that were effective in
January 2009 and 2010 and the inclusion of costs for benefits, we are
proposing that the processing fee be decreased by $.30, from $10.23 per
bond to $9.93. This decrease reflects the fact that GS-9 salaries were
increased by a smaller amount than we previously projected when we last
amended the fee schedule in 2008. The $9.93 proposed fee would more
closely reflect the direct and indirect costs that should be associated
with processing the bonds.
    In lieu of sureties on a DOT conformance bond, an importer may
offer United States money, United States bonds (except for savings
bonds), United States certificates of indebtedness, Treasury notes, or
Treasury bills (collectively referred to as ``cash deposits'') in an
amount equal to the amount of the bond. 49 CFR 591.10(a). The receipt,
processing, handling, and disbursement of the cash deposits that have
been tendered by RIs cause the agency to consume a considerable amount
of staff time and material resources. NHTSA has concluded that the
expense incurred by the agency to receive, process, handle, and
disburse cash deposits may be treated as part of the bond processing
cost, for which NHTSA is authorized to set a fee under 49 U.S.C.
30141(a)(3)(A). We first established a fee of $459 for each vehicle
imported on and after October 1, 2008, for which cash deposits or
obligations of the United States are furnished in lieu of a conformance
bond. See final rule published on July 11, 2008 at 73 FR 39890.
    The agency considered its direct and indirect costs in calculating
the fee for the review, processing, handling, and disbursement of cash
deposits submitted by importers and RIs in lieu of sureties on a DOT
conformance bond. We are proposing to increase the fee from $459 to
$514, which represents an increase of $55. The factors that the agency
has taken into account in proposing the fee include time expended by
agency personnel, the increase in General Schedule salary raises that
were effective in January 2009 and 2010, and increased contractor and
overhead costs.

Section 594.10--Fee for Review and Processing of Conformity Certificate

    Each RI is currently required to pay $14 per vehicle to cover the
costs the agency incurs in reviewing a certificate of conformity. We
estimate that these costs would increase from $14 to an average of $17
per vehicle because of the increase in General Schedule salary raises
that were effective in January 2009 and 2010, and increased contractor
and overhead costs. Based on these estimates, we are proposing to
increase the fee charged for vehicles for which a paper entry and fee
payment is made, from $14 to $17, a difference of $3 per vehicle.
However, if an RI enters a vehicle through the Automated Broker
Interface (ABI) system, has an e-mail address to receive communications
from NHTSA, and pays the fee by credit card, the cost savings that we
realize allow us to significantly reduce the fee to $6. We propose to
maintain the fee of $6 per vehicle if all the information in the ABI
entry is correct.
    Errors in ABI entries not only eliminate any time savings, but also
require additional staff time to be expended in reconciling the
erroneous ABI entry information to the conformity data that is
ultimately submitted. Our experience with these errors has shown that
staff members must examine records, make time-consuming long distance
telephone calls, and often consult supervisory personnel to resolve the
conflicts in the data. We have calculated this staff and supervisory
time, as well the telephone charges, to amount to approximately $57 for
each erroneous ABI entry. Adding this to the $6 fee for the review of
conformity packages on automated entries yields a total of $63,
representing a proposed $9 increase in the fee that is currently
charged when there are one or more errors in the ABI entry or in the
statement of conformity.

Effective Date

    The proposed effective date of the final rule is October 1, 2010.

Rulemaking Analyses

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993), provides for making determinations whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and to the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    NHTSA has considered the impact of this rulemaking action under
Executive Order 12866 and the Department of Transportation's regulatory
policies and procedures. This rulemaking is not significant.
Accordingly, the Office of Management and Budget has not reviewed this
rulemaking document under Executive Order 12886. Further, NHTSA has
determined that the rulemaking is not significant under Department of
Transportation's regulatory policies and procedures.

Based on the level of the fees and the volume of affected vehicles,
NHTSA currently anticipates that if made final the costs of the
proposed rule would be so minimal as not to warrant preparation of a
full regulatory evaluation. The action does not involve any substantial
public interest or controversy. If made final there would be no
substantial effect upon State and local governments. There would be no
substantial impact upon a major transportation safety program. A
regulatory evaluation analyzing the economic impact of the final rule
establishing the registered importer program, adopted on September 29,
1989, was prepared, and is available for review in the docket.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBFEFA) of 1996), whenever an agency is required to publish a notice
of proposed rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' (13 CFR 121.105(a)). No
regulatory flexibility analysis is required if the head of an agency
certifies that the rule would not have a significant economic impact on
a substantial number of small entities. The SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule would not
have a significant economic impact on a substantial number of small
entities.
    The agency has considered the effects of this proposed rulemaking
under the Regulatory Flexibility Act, and certifies that if the
proposed amendments are adopted they would not have a significant
economic impact upon a substantial number of small entities.
    The following is NHTSA's statement providing the factual basis for
the certification (5 U.S.C. 605(b)). The proposed amendments would
primarily affect entities that currently modify nonconforming vehicles
and which are small businesses within the meaning of the Regulatory
Flexibility Act; however, the agency has no reason to believe that
these companies would be unable to pay the fees proposed by this
action. In most instances, these fees would not be changed or be only
modestly increased (and in some instances decreased) from the fees now
being paid by these entities. Moreover, consistent with prevailing
industry practices, these fees should be passed through to the ultimate
purchasers of the vehicles that are altered and, in most instances,
sold by the affected registered importers. The cost to owners or
purchasers of nonconforming vehicles that are altered to conform to the
FMVSS may be expected to increase (or decrease) to the extent necessary
to reimburse the registered importer for the fees payable to the agency
for the cost of carrying out the registration program and making
eligibility decisions, and to compensate Customs for its bond
processing costs.
    Governmental jurisdictions would not be affected at all since they
are generally neither importers nor purchasers of nonconforming motor
vehicles.

C. Executive Order 13132 (Federalism)

    Executive Order 13132 on ``Federalism'' requires NHTSA to develop
an accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
Federalism implications.'' Executive Order 13132 defines the term
``policies that have federalism implications'' to include regulations
that have ``substantial direct effects 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.'' Under Executive Order 13132, NHTSA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or NHTSA
consults with State and local officials early in the process of
developing the proposed regulation.
    The proposed rule would not have substantial direct effects 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 as specified in Executive Order 13132.
Moreover, NHTSA is required by statute to impose fees for the
administration of the RI program and to review and make necessary
adjustments in those fees at least every two years. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rulemaking action.

D. National Environmental Policy Act

    NHTSA has analyzed this action for purposes of the National
Environmental Policy Act. The action would not have a significant
effect upon the environment because it is anticipated that the annual
volume of motor vehicles imported through registered importers would
not vary significantly from that existing before promulgation of the
rule.

E. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988 ``Civil Justice Reform,'' this
agency has considered whether this proposed rule would have any
retroactive effect. NHTSA concludes that this proposed rule would not
have any retroactive effect. Judicial review of a rule based on this
proposal may be obtained pursuant to 5 U.S.C. 702. That section does
not require that a petition for reconsideration be filed prior to
seeking judicial review.

F. Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with the base year
of 1995). Before promulgating a rule for which a written assessment is
needed, Section 205 of the UMRA generally requires NHTSA to identify
and consider a reasonable number of regulatory alternatives and to
adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
Section 205 do not apply when they are inconsistent with applicable
law. Moreover, Section 205 allows NHTSA to adopt an alternative other
than the least costly, most cost-effective or least burdensome
alternative if the agency publishes with the final rule an explanation
why that alternative was not adopted. Because a final rule based on
this proposal would not require the expenditure of resources beyond
$100 million annually, this action is not subject to the requirements
of Sections 202 and 205 of the UMRA.

G. Plain Language

    Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:
    --Have we organized the material to suit the public's needs?
    --Are the requirements in the proposed rule clearly stated?
    --Does the proposed rule contain technical language or jargon that
is unclear?
    --Would a different format (grouping and order of sections, use of
heading, paragraphing) make the rule easier to understand?
    --Would more (but shorter) sections be better?
    --Could we improve clarity by adding tables, lists, or diagrams?
    --What else could we do to make the rule easier to understand?
    If you have any responses to these questions, please include them
in your comments on this document.

H. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. Part 594 includes
collections of information for which NHTSA has obtained OMB Clearance
No. 2127-0002, a consolidated collection of information for
``Importation of Vehicles and Equipment Subject to the Federal Motor
Vehicle Safety, Bumper and Theft Prevention Standards,'' approved
through 11/30/2010. This proposed rule, if made final, would not affect
the burden hours associated with Clearance No. 2127-0002 because we are
proposing only to adjust the fees associated with participating in the
registered importer program. These proposed new fees will not impose
new collection of information requirements or otherwise affect the
scope of the program.

I. Executive Order 13045

    Executive Order 13045 applies to any rule that (1) is determined to
be ``economically significant'' as defined under E.O. 12866, and (2)
concerns an environmental, health, or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children. If the
regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the planned rule on children,
and explain why the planned rule is preferable to other potentially
effective and reasonably feasible alternatives considered by us. This
rulemaking is not economically significant and does not concern an
environmental, health, or safety risk.

J. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272)
directs NHTSA to use voluntary consensus standards in its regulatory
activities unless doing so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers (SAE). The NTTAA directs the agency to provide Congress,
through the OMB, explanations when we decide not to use available and
applicable voluntary consensus standards.
    In this proposed rule, we propose to adjust the fees associated
with the registered importer program. We propose no substantive changes
to the program nor do we propose any technical standards. For these
reasons, Section 12(d) of the NTTAA would not apply.

K. Comments

How do I prepare and submit comments?
    Your comments must be written in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
    Please submit two copies of your comments, including the
attachments, to Docket Management at the beginning of this document,
under ADDRESSES.
How can I be sure that my comments were received?
    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How do I submit confidential business information?
    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
at the beginning of this document under FOR FURTHER INFORMATION
CONTACT. In addition, you should submit two copies from which you have
deleted the claimed confidential business information, to Docket
Management at the address given at the beginning of this document under
ADDRESSES. When you send a comment containing information claimed to be
confidential business information, you should include a cover letter
setting forth the information specified in our confidential business
information regulation, 49 CFR part 512.
Will the agency consider late comments?
    We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated at
the beginning of this notice under DATES. To the extent possible, we
will also consider comments that Docket Management receives after that
date. If Docket Management receives a comment too late for us to
consider in developing a final rule, we will consider that comment as
an informal suggestion for future rulemaking action.
How can I read the comments submitted by other people?
    You may read the comments received by Docket Management at the
address and times given near the beginning of this document under
ADDRESSES.
    You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page
http://www.regulations.gov.
    (2) On that page, click on ``search for dockets.''
    (3) On the next page (http://www.regulations.gov/fdmspublic/
component/main), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
from the drop-down menu in the Agency field, enter the Docket ID number
and title shown at the heading of this document, and select
``RULEMAKING'' from the drop-down menu in the Type field.
    (4) After entering that information, click on ``submit.''
    (5) The next page contains docket summary information for the
docket you

selected. Click on the comments you wish to see. You may download the
comments. Although the comments are imaged documents, instead of the
word processing documents, the ``pdf'' versions of the documents are
word searchable. Please note that even after the comment closing date,
we will continue to file relevant information in the Docket as it
becomes available. Further, some people may submit late comments.
Accordingly, we recommend that you periodically search the Docket for
new material.

L. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN that appears in the heading on the first page of this
document to find this action in the Unified Agenda.

List of Subjects in 49 CFR Part 594

    Imports, Motor vehicle safety, Motor vehicles.
    In consideration of the foregoing, NHTSA proposes to amend 49 CFR
part 594 as follows:

PART 594--SCHEDULE OF FEES AUTHORIZED BY 49 U.S.C. 30141

    1. The authority citation for part 594 continues to read as
follows:

    Authority: 49 U.S.C. 30141, 31 U.S.C. 9701; delegation of
authority at 49 CFR 1.50.

    2. Amend Sec.  594.6 by:
    a. Revising the introductory text of paragraph (a);
    b. Revising paragraph (b);
    c. Revising the first sentence of paragraph (d);
    d. Revising the second sentence of paragraph (h); and
    e. Revising paragraph (i) to read as follows:

Sec.  594.6  Annual fee for administration of the registration program.

    (a) Each person filing an application to be granted the status of a
Registered Importer pursuant to part 592 of this chapter on or after
October 1, 2010, must pay an annual fee of $795, as calculated below,
based upon the direct and indirect costs attributable to:
* * * * *
    (b) That portion of the initial annual fee attributable to the
processing of the application for applications filed on and after
October 1, 2010, is $320. The sum of $320, representing this portion,
shall not be refundable if the application is denied or withdrawn.
* * * * *
    (d) That portion of the initial annual fee attributable to the
remaining activities of administering the registration program on and
after October 1, 2010, is set forth in paragraph (i) of this section. *
* *
* * * * *
    (h) * * * This cost is $20.67 per man-hour for the period beginning
October 1, 2010.
    (i) Based upon the elements and indirect costs of paragraphs (f),
(g), and (h) of this section, the component of the initial annual fee
attributable to administration of the registration program, covering
the period beginning October 1, 2010, is $475. When added to the costs
of registration of $320, as set forth in paragraph (b) of this section,
the costs per applicant to be recovered through the annual fee are
$795. The annual renewal registration fee for the period beginning
October 1, 2010, is $670.
    3. Amend Sec.  594.7 by revising the first sentence of paragraph
(e) to read as follows:

Sec.  594.7  Fee for filing petitions for a determination whether a
vehicle is eligible for importation.

* * * * *
    (e) For petitions filed on and after October 1, 2010, the fee
payable for seeking a determination under paragraph (a)(1) of this
section is $175. * * *
* * * * *
    4. Amend Sec.  594.8 by revising the first sentence of paragraph
(b) and the first sentence of paragraph (c) to read as follows:

Sec.  594.8  Fee for importing a vehicle pursuant to a determination by
the Administrator.

* * * * *
    (b) If a determination has been made pursuant to a petition, the
fee for each vehicle is $158. * * *
    (c) If a determination has been made on or after October 1, 2010,
pursuant to the Administrator's initiative, the fee for each vehicle is
$125. * * *
    5. Amend Sec.  594.9 by revising paragraphs (c) and (e) to read as
follows:

Sec.  594.9  Fee for reimbursement of bond processing costs and costs
for processing offers of cash deposits or obligations of the United
States in lieu of sureties on bonds.

* * * * *
    (c) The bond processing fee for each vehicle imported on and after
October 1, 2010, for which a certificate of conformity is furnished, is
$9.93.
* * * * *
    (e) The fee for each vehicle imported on and after October 1, 2010,
for which cash deposits or obligations of the United States are
furnished in lieu of a conformance bond, is $514.00.
    6. Amend Sec.  594.10 by revising the first and third sentences of
paragraph (d) to read as follows:

Sec.  594.10  Fee for review and processing of conformity certificate.

* * * * *
    (d) The review and processing fee for each certificate of
conformity submitted on and after October 1, 2010 is $17. * * * If
NHTSA finds that the information in the entry or the certificate is
incorrect, requiring further processing, the processing fee shall be
$57.

    Issued on: May 5, 2010.
Joseph Carra,
Acting Senior Associate Administrator for Vehicle Safety.
[FR Doc. 2010-10816 Filed 5-6-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Page 134]
[FR Doc No: 2021-28436]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-101, OMB Control No. 3235-0082]

Submission for OMB Review; Comment Request; Extension: Form 11-K

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Form 11-K (17 CFR 249.311) is the annual report designed for use by
employee stock purchase, savings and similar plans to comply with the
reporting requirements under Section 15(d) of the Securities and
Exchange Act of 1934 (the ``Exchange Act'') (15 U.S.C. 78o(d)). Section
15(d) establishes a periodic reporting obligation for every issuer of
securities registered under the Securities Act of 1933 (the
``Securities Act'') (15 U.S.C. 77a et seq.). Form 11-K provides
employees of an issuer with financial information so that they can
assess the performance of the stock plan or investment vehicle. The
information collected must be filed with the Commission and is publicly
available. Form 11-K takes approximately 30 hours per response and is
filed by 1,302 respondents for total of 39,060 burden hours (30 hours
per response x 1,302 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John Pezzullo, 100 F Street NE, Washington, DC 20549, or by sending
an email to: [email protected].

    Dated: December 28, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-28436 Filed 12-30-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63530-63531]
[FR Doc No: 2014-25012]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30979 Amdt. No. 3609]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 24, 2014. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 24, 2014.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    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 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on September 12, 2014.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,

Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 16 October 2014

Evansville, IN, Evansville Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 9
Seymour, IN, Freeman Muni, LOC/NDB RWY 5, Orig, CANCELED
Seymour, IN, Freeman Muni, NDB RWY 5, Amdt 4, CANCELED
Seymour, IN, Freeman Muni, RNAV (GPS) RWY 5, Amdt 1
Seymour, IN, Freeman Muni, RNAV (GPS) RWY 14, Amdt 1
Seymour, IN, Freeman Muni, RNAV (GPS) RWY 23, Amdt 2
Seymour, IN, Freeman Muni, RNAV (GPS) RWY 32, Amdt 1
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, RNAV
(GPS) RWY 4, Orig-A, CANCELED
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, RNAV
(GPS) RWY 22, Amdt 1, CANCELED
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, RNAV
(GPS) Y RWY 15R, Amdt 2
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, RNAV
(RNP) Z RWY 15R, Amdt 1
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, VOR/DME
RWY 4, Amdt 3A, CANCELED
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, VOR/DME
RWY22, Amdt 11, CANCELED
Lincoln, ME, Lincoln Rgnl, RNAV (GPS) RWY 35, Amdt 1
Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 22L,
ILS RWY 22L (SA CAT I), ILS RWY 22L (SA CAT II), Amdt 30B
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM RWY 22L
(SIMULTANEOUS CLOSE PARALLEL), Orig-E
Lumberton, NC, Lumberton Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 3

Effective 13 November 2014

Cold Bay, AK, Cold Bay, RNAV (GPS) RWY 26, Amdt 2A
Mobile, AL, Mobile Downtown, ILS OR LOC RWY 32, Amdt 3
Mobile, AL, Mobile Downtown, RNAV (GPS) RWY 14, Amdt 2
Mobile, AL, Mobile Downtown, RNAV (GPS) RWY 18, Amdt 2
Mobile, AL, Mobile Downtown, RNAV (GPS) RWY 32, Amdt 2
Mobile, AL, Mobile Downtown, RNAV (GPS) RWY 36, Amdt 2
Big Bear City, CA, Big Bear City, RNAV (GPS) RWY 26, Amdt 2
Palm Coast, FL, Flagler County, RNAV (GPS) RWY 6, Amdt 1B
Palm Coast, FL, Flagler County, RNAV (GPS) RWY 11, Amdt 1A
Palm Coast, FL, Flagler County, RNAV (GPS) RWY 24, Orig-C
Palm Coast, FL, Flagler County, RNAV (GPS) RWY 29, Orig-C
Palm Coast, FL, Flagler County, Takeoff Minimums and Obstacle DP,
Amdt 1
Council Bluffs, IA, Council Bluffs Muni, ILS OR LOC RWY 36, Amdt 1
Council Bluffs, IA, Council Bluffs Muni, RNAV (GPS) RWY 18, Amdt 1
Council Bluffs, IA, Council Bluffs Muni, RNAV (GPS) RWY 36, Amdt 2
Spencer, IA, Spencer Muni, VOR/DME RWY 12, Amdt 3A
Spencer, IA, Spencer Muni, VOR/DME RWY 30, Amdt 3B
Bedford, IN, Virgil I Grissom Muni, RNAV (GPS) RWY 31, Amdt 1
Gardner, KS, Gardner Muni, NDB OR GPS-D, Amdt 2A, CANCELED
Gardner, KS, Gardner Muni, Takeoff Minimums and Obstacle DP, Orig-A,
CANCELED
South Haven, MI, South Haven Area Rgnl, RNAV (GPS) RWY 5, Amdt 1B
South Haven, MI, South Haven Area Rgnl, RNAV (GPS) RWY 23, Amdt 1B
South Haven, MI, South Haven Area Rgnl, VOR RWY 23, Amdt 11A
Sauk Centre, MN, Sauk Centre Muni, RNAV (GPS) RWY 14, Orig
Sauk Centre, MN, Sauk Centre Muni, RNAV (GPS) RWY 32, Amdt 1
Elkin, NC, Elkin Muni, NDB-A, Orig
Elkin, NC, Elkin Muni, NDB OR GPS RWY 25, Amdt 1A, CANCELED
Elkin, NC, Elkin Muni, RNAV (GPS) RWY 7, Orig
Elkin, NC, Elkin Muni, RNAV (GPS) RWY 25, Orig
Elkin, NC, Elkin Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Wilmington, NC, Wilmington Intl, RADAR-1, Amdt 7
Bassett, NE., Rock County, NDB RWY 31, Amdt 4, CANCELED
Hobbs, NM, Lea County Rgnl, ILS OR LOC RWY 3, Amdt 7A
Hobbs, NM, Lea County Rgnl, LOC/DME BC RWY 21, Amdt 6A
Hobbs, NM, Lea County Rgnl, RNAV (GPS) RWY 3, Amdt 2
Hobbs, NM, Lea County Rgnl, RNAV (GPS) RWY 21, Amdt 1
Hobbs, NM, Lea County Rgnl, RNAV (GPS) RWY 30, Amdt 1
Hobbs, NM, Lea County Rgnl, VOR/DME OR TACAN RWY 21, Amdt 9A
Hobbs, NM, Lea County Rgnl, VOR OR TACAN RWY 3, Amdt 21A
Canandaigua, NY, Canandaigua, RNAV (GPS) RWY 13, Amdt 2
Canandaigua, NY, Takeoff Minimums and Obstacle DP, Amdt 1
Circleville, OH, Pickaway County Memorial, Takeoff Minimums and
Obstacle DP, Orig
Pendleton, OR, Eastern Oregon Rgnl At Pendleton, ILS OR LOC/DME RWY
25, Amdt 25A
Jacksboro, TN, Campbell County, RNAV (GPS) RWY 23, Amdt 1
Winchester, TN, Winchester Muni, Takeoff Minimums and Obstacle DP,
Amdt 2
Morrisville, VT, Morrisville-Stowe State, RNAV (GPS) Y RWY 19, Amdt
1
Morrisville, VT, Morrisville-Stowe State, RNAV (GPS) Z RWY 19, Amdt
1
Pasco, WA, Tri-Cities, ILS OR LOC/DME RWY 21R, Amdt 13
Pasco, WA, Tri-Cities, RNAV (GPS) Y RWY 3L, Amdt 2
Pasco, WA, Tri-Cities, RNAV (GPS) Y RWY 12, Amdt 2
Pasco, WA, Tri-Cities, RNAV (GPS) Y RWY 21R, Amdt 2
Pasco, WA, Tri-Cities, RNAV (GPS) Y RWY 30, Amdt 3
Pasco, WA, Tri-Cities, RNAV (RNP) Z RWY 3L, Amdt 1
Pasco, WA, Tri-Cities, RNAV (RNP) Z RWY 12, Amdt 1
Pasco, WA, Tri-Cities, RNAV (RNP) Z RWY 21R, Amdt 1
Pasco, WA, Tri-Cities, RNAV (RNP) Z RWY 30, Amdt 1
Pasco, WA, Tri-Cities, Takeoff Minimums and Obstacle DP, Amdt 8
Pasco, WA, Tri-Cities, VOR/DME RWY 21R, Amdt 7
Pasco, WA, Tri-Cities, VOR/DME RWY 30, Amdt 5
Walla Walla, WA, Walla Walla Rgnl, ILS Y OR LOC RWY 20, Amdt 10
Walla Walla, WA, Walla Walla Rgnl, ILS Z OR LOC/DME RWY 20, Amdt 1
Walla Walla, WA, Walla Walla Rgnl, RNAV (GPS) RWY 2, Amdt 2
Walla Walla, WA, Walla Walla Rgnl, RNAV (GPS) RWY 20, Amdt 1
Beloit, WI, Beloit, Takeoff Minimums and Obstacle DP, Orig

[FR Doc. 2014-25012 Filed 10-23-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 193 (Tuesday, October 6, 2015)]
[Notices]
[Pages 60426-60431]
[FR Doc No: 2015-25328]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76056; File No. 4-618]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing of Proposed Amended Plan for the
Allocation of Regulatory Responsibilities Between BATS Exchange, Inc.,
BATS Y-Exchange, Inc., BOX Options Exchange LLC, Chicago Board Options
Exchange, Incorporated, C2 Options Exchange, Incorporated, Chicago
Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc.,
Financial Industry Regulatory Authority, Inc., International Securities
Exchange, LLC, ISE Gemini, LLC, Miami International Securities
Exchange, LLC, The NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., NASDAQ
OMX PHLX, Inc., National Stock Exchange, Inc., New York Stock Exchange
LLC, NYSE MKT LLC, and NYSE Arca, Inc.

September 30, 2015.
    Pursuant to Section 17(d) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 17d-2 thereunder,\2\ notice is hereby given that
on September 2, 2015, BATS Exchange, Inc. (``BATS''), BATS Y-Exchange,
Inc. (``BATS Y''), BOX Options Exchange LLC (``BOX''), Chicago Board
Options Exchange, Incorporated (``CBOE''), C2 Options Exchange,
Incorporated (``C2''), Chicago Stock Exchange, Inc. (``CHX''), EDGA
Exchange, Inc. (``EDGA''), EDGX Exchange, Inc. (``EDGX''), Financial
Industry Regulatory Authority, Inc. (``FINRA''), International
Securities Exchange, LLC (``ISE''), ISE Gemini, LLC (``ISE Gemini''),
Miami International Securities Exchange, LLC (``MIAX''), The NASDAQ
Stock Market LLC (``NASDAQ''), NASDAQ OMX BX, Inc. (``BX''), NASDAQ OMX
PHLX, Inc. (``Phlx''), National Stock Exchange, Inc. (``NSX''), New
York Stock Exchange LLC (``NYSE''), NYSE MKT LLC (``NYSE MKT''), and
NYSE Arca, Inc. (``NYSE Arca'') (each, a ``Participating
Organization,'' and, together, the ``Participating Organizations'' or
the ``Parties''), filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') an amended plan for the allocation of
regulatory responsibilities with respect to certain Regulation NMS
Rules listed in Exhibit A to the Plan (``17d-2 Plan'' or the ``Plan'').
As further discussed in Section II, below, this Agreement amends and
restates the agreement by and among the Participating Organizations
approved by the SEC on December 3, 2010.\3\ The Commission is
publishing this notice to solicit comments on the 17d-2 Plan from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
    \3\ See Securities Exchange Act Release No. 63230 (November 2,
2010), 75 FR 68632 (November 8, 1976).
---------------------------------------------------------------------------

I. Introduction

    Section 19(g)(1) of the Act,\4\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) or Section 19(g)(2) of the Act.\5\ Without
this relief, the statutory obligation of each individual SRO could
result in a pattern of multiple examinations of broker-dealers that
maintain memberships in more than one SRO (``common members''). Such
regulatory duplication would add unnecessary expenses for common
members and their SROs.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(g)(1).
    \5\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
---------------------------------------------------------------------------

    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q(d)(1).
    \7\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
---------------------------------------------------------------------------

    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\8\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\9\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility

to examine the firm for compliance with the applicable financial
responsibility rules. On its face, Rule 17d-1 deals only with an SRO's
obligations to enforce member compliance with financial responsibility
requirements. Rule 17d-1 does not relieve an SRO from its obligation to
examine a common member for compliance with its own rules and
provisions of the federal securities laws governing matters other than
financial responsibility, including sales practices and trading
activities and practices.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
---------------------------------------------------------------------------

    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission approval of a plan filed pursuant to Rule 17d-2
relieves an SRO of those regulatory responsibilities allocated by the
plan to another SRO.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
---------------------------------------------------------------------------

II. Proposed Amended Plan

    On September 2, 2015, the parties submitted a proposed amendment to
the Plan. The primary purpose of the amendment is to add Regulation NMS
Rules 606, 607, and 611(c) and (d). In addition, because Regulation NMS
Rule 606 applies to ``NMS Securites,'' and thus includes responsibility
for options, the Amended Plan adds additional Participating
Organizations that are options markets.
    The proposed 17d-2 Plan is intended to reduce regulatory
duplication for firms that are members of more than one Participating
Organization.\11\ The proposed amendments to the Plan provide for the
allocation of regulatory responsibility according to whether the
covered rule pertains to NMS stocks or NMS securities. For covered
rules that pertain to NMS stocks (i.e., Rules 607, 611, and 612), FINRA
would serve as the ``Designated Regulation NMS Examining Authority''
(``DREA'') for common members that are members of FINRA, and therein
would assume certain examination and enforcement responsibilities for
those members with respect to specified Regulation NMS rules. For
common members that are not members of FINRA, the amended Plan provides
that the member's DEA would serve as the DREA, provided that the DEA
exchange operates a national securities exchange or facility that
trades NMS stocks and the common member is a member of such exchange or
facility. Section 1(c) of the amended Plan contains a list of proposed
principles that would be applicable to the allocation of common members
in cases not specifically addressed in the Plan. An exchange that does
not trade NMS stocks would have no regulatory authority for covered
Regulation NMS rules pertaining to NMS stocks. For covered rules that
pertain to NMS securities, and thus include options (i.e., Rule 606),
the proposed amended Plan provides that the DREA will be the same as
the DREA for the rules pertaining to NMS stocks. For common members
that are not members of an exchange that trades NMS stocks, the common
member would be allocated according to the principles set forth in
Section 1(c) of the Plan.
---------------------------------------------------------------------------

    \11\ The proposed 17d-2 Plan refers to these members as ``Common
Members.''
---------------------------------------------------------------------------

    The text of the Plan delineates the proposed regulatory
responsibilities with respect to the Parties. Included in the proposed
Plan is an exhibit (the ``Covered Regulation NMS Rules'') that lists
the federal securities laws, rules, and regulations, for which the
applicable DREA would bear examination and enforcement responsibility
under the proposed amended Plan for Common Members of the Participating
Organization and their associated persons.
    Specifically, under the 17d-2 Plan, the applicable DREA would
assume examination and enforcement responsibility relating to
compliance by Common Members with the Covered Regulation NMS Rules.
Covered Regulation NMS Rules would not include the application of any
rule of a Participating Organization, or any rule or regulation under
the Act, to the extent that it pertains to violations of insider
trading activities, because such matters are covered by a separate
multiparty agreement under Rule 17d-2.\12\ Under the Plan,
Participating Organizations would retain full responsibility for
surveillance and enforcement with respect to trading activities or
practices involving their own marketplace.\13\
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    \12\ See Securities Exchange Act Release No. 58350 (August 13,
2008), 73 FR 48247 (August 18, 2008) (File No. 4-566) (notice of
filing of proposed plan). See also Securities Exchange Act Release
No. 58536 (September 12, 2008) (File No. 4-566) (order approving and
declaring effective the plan).
    \13\ See paragraph 1 of the proposed 17d-2 Plan.
---------------------------------------------------------------------------

    The text of the proposed amended 17d-2 Plan is as follows
(additions are in italics; deletions are in brackets):

Agreement for the Allocation of Regulatory Responsibility for the
Covered Regulation NMS Rules Pursuant to Sec.  17(d) of the Securities
Exchange Act of 1934, 15 U.S.C. 78q(d), and Rule 17d-2 Thereunder

    This agreement (the ``Agreement'') by and among BATS Exchange, Inc.
(``BATS''), BATS Y-Exchange, Inc. (``BATS Y''), BOX Options Exchange
LLC (``BOX''), Chicago Board Options Exchange, Incorporated[.]
(``CBOE'')[\1\], C2 Options Exchange, Incorporated (``C2''), Chicago
Stock Exchange, Inc. (``CHX''), EDGA Exchange, Inc. (``EDGA''), EDGX
Exchange, Inc. (``EDGX''), Financial Industry Regulatory Authority,
Inc. (``FINRA''), International Securities Exchange, LLC (``ISE''), ISE
Gemini, LLC (``ISE Gemini''), Miami International Securities Exchange,
LLC (``MIAX''), The NASDAQ Stock Market LLC (``NASDAQ''), NASDAQ OMX
BX, Inc., NASDAQ OMX PHLX, Inc., National Stock Exchange, Inc.
(``NSX''), New York Stock Exchange LLC (``NYSE''), NYSE [Amex]MKT LLC
(``NYSE [Amex]MKT''), and NYSE Arca, Inc. (``NYSE Arca'') (each, a
``Participating Organization,'' and, together, the ``Participating
Organizations''), is made pursuant to Sec.  17(d) of the Securities
Exchange Act of 1934 (the ``Act'' or ``SEA''), 15 U.S.C. 78q(d), and
Rule 17d-2 thereunder, which allow for plans to allocate regulatory
responsibility among self-regulatory organizations (``SROs''). Upon
approval by the Securities and Exchange Commission (``Commission'' or
``SEC''), this Agreement shall amend and restate the agreement by and
among the Participating Organizations approved by the SEC on December
3, 2010.
    WHEREAS, the Participating Organizations desire to: (a) Foster
cooperation and coordination among the SROs; (b) remove impediments to,
and foster the development of, a national market system; (c) strive to
protect the interest of investors; and (d) eliminate duplication in
their examination and enforcement of SEA Rules 606, 607, 611[(a) and
(b)] and 612 (the ``Covered Regulation NMS Rules'');
    WHEREAS, the Participating Organizations are interested in
allocating regulatory responsibilities

with respect to broker-dealers that are members of more than one
Participating Organization (the ``Common Members'') relating to the
examination and enforcement of the Covered Regulation NMS Rules; and
    WHEREAS, the Participating Organizations will request regulatory
allocation of these regulatory responsibilities by executing and filing
with the [Securities and Exchange Commission (``Commission'' or
``]SEC['') a] this plan for the above stated purposes [(this
Agreement)] pursuant to the provisions of Sec.  17(d) of the Act, and
Rule 17d-2 thereunder, as described below.
---------------------------------------------------------------------------

    [\1\ CBOE's allocation of certain regulatory responsibilities
under this Agreement is limited to the activities of the CBOE Stock
Exchange, LLC, a facility of CBOE.]
---------------------------------------------------------------------------

    NOW, THEREFORE, in consideration of the mutual covenants contained
hereafter, and other valuable consideration to be mutually exchanged,
the Participating Organizations hereby agree as follows:
    1. Assumption of Regulatory Responsibility. The Designated
Regulation NMS Examining Authority (the ``DREA'') shall assume
examination and enforcement responsibilities relating to compliance by
Common Members with the Covered Regulation NMS Rules to which the DREA
is allocated responsibility (``Regulatory Responsibility''). A list of
the Covered Regulation NMS Rules is attached hereto as Exhibit A.
    a. For Covered Regulation NMS Rules Pertaining to ``NMS stocks''
(as defined in Regulation NMS) (i.e., Rules 607, 611 and 612): FINRA
shall serve as DREA for Common Members that are members of FINRA. The
Designated Examining Authority (``DEA'') pursuant to SEA Rule 17d-1
shall serve as DREA for Common Members that are not members of FINRA,
provided that the DEA operates a national securities exchange or
facility that trades NMS stocks and the Common Member is a member of
such exchange or facility. For all other Common Members, the
Participating Organizations shall allocate Common Members among the
Participating Organizations (other than FINRA) that operate a national
securities exchange that trades NMS stocks based on the principles
outlined below and the Participating Organization to which such a
Common Member is allocated shall serve as the DREA for that Common
Member. (A Participating Organization that operates a national
securities exchange that does not trade NMS stocks has no regulatory
responsibilities related to Covered Regulation NMS Rules pertainining
to NMS stocks and will not serve as DREA for such Covered Regulation
NMS Rules.)
    b. For Covered Regulation NMS Rules Pertaining to ``NMS
securities'' (as defined in Regulation NMS) (i.e., Rule 606), the DREA
shall be same as the DREA for Covered Regulation NMS Rules pertaining
to NMS stocks. For Common Members that are not members of a national
securities exchange that trades NMS stocks and thus have not been
appointed a DREA under paragraph a., the Participating Organizations
shall allocate the Common Members among the Participating Organizations
(other than FINRA) that operate a national securities exchange that
trades NMS securities based on the principles outlined below and the
Participating Organization to which such a Common Member is allocated
shall serve as the DREA for that Common Member with respect to Covered
Regulation NMS Rules pertaining to NMS securities. The allocation of
Common Members to DREAs (including FINRA) for all Covered Regulation
NMS Rules is provided in Exhibit B.
    c. For purposes of this paragraph 1, any allocation of a Common
Member to a Participating Organization other than as specified in
paragraphs a. and b. above shall be based on the following principles,
except to the extent all affected Participating Organizations consent
to one or more different principles and any such agreement to different
principles would be deemed an amendment to this Agreement as provided
in paragraph 22:
    i. The Participating Organizations shall not allocate a Common
Member to a Participating Organization unless the Common Member is a
member of that Participating Organization.
    ii. To the extent practicable, Common Members shall be allocated
among the Participating Organizations of which they are members in such
a manner as to equalize, as nearly as possible, the allocation among
such Participating Organizations.
    iii. To the extent practicable, the allocation will take into
account the amount of NMS stock activity (or NMS security activity, as
applicable) conducted by each Common Member in order to most evenly
divide the Common Members with the largest amount of activity among the
Participating Organizations of which they are a members. The allocation
will also take into account similar allocations pursuant to other plans
or agreements to which the Participating Organizations are party to
maintain consistency in oversight of the Common Members.\1\
---------------------------------------------------------------------------

    \1\ For example, if one Participating Organization was allocated
responsibility for a particular Common Member pursuant to a separate
Rule 17d-2 Agreement, that Participant Organization would be
assigned to be the DREA of that Common Member, unless there is good
cause not to make that assignment.
---------------------------------------------------------------------------

    iv. The Participating Organizations may reallocate Common Members
from time-to-time and in such manner as they deem appropriate
consistent with the terms of this Agreement.
    v. Whenever a Common Member ceases to be a member of its DREA
(including FINRA), the DREA shall promptly inform the Participating
Organizations, who shall review the matter and reallocate the Common
Member to another Participating Organization.
    vi. The DEA or DREA (including FINRA) may request that a Common
Member be reallocated to another Participating Organization (including
the DEA or DREA (including FINRA)) by giving 30 days written notice to
the Participating Organizations. The Participating Organizations shall
promptly consider such request and, in their discretion, may approve or
disapprove such request and if approved, reallocate the Common Member
to such Participating Organization.
    vii. All determinations by the Participating Organizations with
respect to allocations shall be by the affirmative vote of a majority
of the Participating Organizations that, at the time of such
determination, share the applicable Common Member being allocated; a
Participating Organization shall not be entitled to vote on any
allocation related to a Common Member unless the Common Member is a
member of such Participating Organization.
    d. The Participating Organizations agree that they shall conduct
meetings among them as needed for the purposes of ensuring proper
allocation of Common Members and identifying issues or concerns with
respect to the regulation of Common Members.
    Notwithstanding anything herein to the contrary, it is explicitly
understood that the term ``Regulatory Responsibility'' does not
include, and each of the Participating Organizations shall retain full
responsibility for, examination, surveillance and enforcement with
respect to trading activities or practices involving its own
marketplace unless otherwise allocated pursuant to a separate Rule 17d-
2 Agreement. [Whenever a Common Member ceases to be a member of its
DREA, the DREA shall promptly inform

the Common Member's DEA, which will become such Common Member's new
DREA.]
    2. No Retention of Regulatory Responsibility. The Participating
Organizations do not contemplate the retention of any responsibilities
with respect to the regulatory activities being assumed by the DREA
under the terms of this Agreement. Nothing in this Agreement will be
interpreted to prevent a DREA from entering into Regulatory Services
Agreement(s) to perform its Regulatory Responsibility.
    3. No Charge. A DREA shall not charge Participating Organizations
for performing the Regulatory Responsibility under this Agreement.
    4. Applicability of Certain Laws, Rules, Regulations or Orders.
Notwithstanding any provision hereof, this Agreement shall be subject
to any statute, or any rule or order of the SEC. To the extent such
statute, rule, or order is inconsistent with one or more provisions of
this Agreement, the statute, rule, or order shall supersede the
provision(s) hereof to the extent necessary to be properly effectuated
and the provision(s) hereof in that respect shall be null and void.
    5. Customer Complaints. If a Participating Organization receives a
copy of a customer complaint relating to a DREA's Regulatory
Responsibility as set forth in this Agreement, the Participating
Organization shall promptly forward to such DREA a copy of such
customer complaint. It shall be such DREA's responsibility to review
and take appropriate action in respect to such complaint.
    6. Parties to Make Personnel Available as Witnesses. Each
Participating Organization shall make its personnel available to the
DREA to serve as testimonial or non-testimonial witnesses as necessary
to assist the DREA in fulfilling the Regulatory Responsibility
allocated under this Agreement. The DREA shall provide reasonable
advance notice when practicable and shall work with a Participating
Organization to accommodate reasonable scheduling conflicts within the
context and demands as the entity with ultimate regulatory
responsibility. The Participating Organization shall pay all reasonable
travel and other expenses incurred by its employees to the extent that
the DREA requires such employees to serve as witnesses, and provide
information or other assistance pursuant to this Agreement.
    7. Sharing of Work-Papers, Data and Related Information.
    a. Sharing. A Participating Organization shall make available to
the DREA information necessary to assist the DREA in fulfilling the
Regulatory Responsibility assumed under the terms of this Agreement.
Such information shall include any information collected by a
Participating Organization in the course of performing its regulatory
obligations under the Act, including information relating to an on-
going disciplinary investigation or action against a member, the amount
of a fine imposed on a member, financial information, or information
regarding proprietary trading systems gained in the course of examining
a member (``Regulatory Information''). This Regulatory Information
shall be used by the DREA solely for the purposes of fulfilling the
DREA's Regulatory Responsibility.
    b. No Waiver of Privilege. The sharing of documents or information
between the parties pursuant to this Agreement shall not be deemed a
waiver as against third parties of regulatory or other privileges
relating to the discovery of documents or information.
    8. Special or Cause Examinations and Enforcement Proceedings.
Nothing in this Agreement shall restrict or in any way encumber the
right of a Participating Organization to conduct special or cause
examinations of a Common Member, or take enforcement proceedings
against a Common Member as a Participating Organization, in its sole
discretion, shall deem appropriate or necessary.
    9. Dispute Resolution Under this Agreement.
    a. Negotiation. The Participating Organizations will attempt to
resolve any disputes through good faith negotiation and discussion,
escalating such discussion up through the appropriate management levels
until reaching the executive management level. In the event a dispute
cannot be settled through these means, the Participating Organizations
shall refer the dispute to binding arbitration.
    b. Binding Arbitration. All claims, disputes, controversies, and
other matters in question between the Participating Organizations to
this Agreement arising out of or relating to this Agreement or the
breach thereof that cannot be resolved by the Participating
Organizations will be resolved through binding arbitration. Unless
otherwise agreed by the Participating Organizations, a dispute
submitted to binding arbitration pursuant to this paragraph shall be
resolved using the following procedures:
    (i) The arbitration shall be conducted in a city selected by the
DREA in which it maintains a principal office or where otherwise agreed
to by the Participating Organizations in accordance with the Commercial
Arbitration Rules of the American Arbitration Association and judgment
upon the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof; and
    (ii) There shall be three arbitrators, and the chairperson of the
arbitration panel shall be an attorney. The arbitrators shall be
appointed in accordance with the Commercial Arbitration Rules of the
American Arbitration Association.
    10. Limitation of Liability. As between the Participating
Organizations, no Participating Organization, including its respective
directors, governors, officers, employees and agents, will be liable to
any other Participating Organization, or its directors, governors,
officers, employees and agents, for any liability, loss or damage
resulting from any delays, inaccuracies, errors or omissions with
respect to its performing or failing to perform regulatory
responsibilities, obligations, or functions, except: (a) As otherwise
provided for under the Act[,]; (b) in instances of a Participating
Organization's gross negligence, willful misconduct or reckless
disregard with respect to another Participating Organization[,]; or (c)
in instances of a breach of confidentiality obligations owed to another
Participating Organization. The Participating Organizations understand
and agree that the regulatory responsibilities are being performed on a
good faith and best effort basis and no warranties, express or implied,
are made by any Participating Organization to any other Participating
Organization with respect to any of the responsibilities to be
performed hereunder. This paragraph is not intended to create liability
of any Participating Organization to any third party.
    11. SEC Approval.
    a. The Participating Organizations agree to file promptly this
Agreement with the SEC for its review and approval. FINRA shall file
this Agreement on behalf, and with the explicit consent, of all
Participating Organizations.
    b. If approved by the SEC, the Participating Organizations will
notify their members of the general terms of the Agreement and of its
impact on their members.
    12. Subsequent Parties; Limited Relationship. This Agreement shall
inure to the benefit of and shall be binding upon the Participating
Organizations hereto and their respective legal representatives,
successors, and assigns. Nothing in this Agreement, expressed or
implied, is intended or shall: (a) Confer on any

person other than the Participating Organizations hereto, or their
respective legal representatives, successors, and assigns, any rights,
remedies, obligations or liabilities under or by reason of this
Agreement, (b) constitute the Participating Organizations hereto
partners or participants in a joint venture, or (c) appoint one
Participating Organization the agent of the other.
    13. Assignment. No Participating Organization may assign this
Agreement without the prior written consent of the DREAs performing
Regulatory Responsibility on behalf of such Participating Organization,
which consent shall not be unreasonably withheld, conditioned or
delayed; provided, however, that any Participating Organization may
assign the Agreement to a corporation controlling, controlled by or
under common control with the Participating Organization without the
prior written consent of such Participating Organization's DREAs. No
assignment shall be effective without Commission approval.
    14. Severability. Any term or provision of this Agreement that is
invalid or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without rendering invalid or unenforceable the
remaining terms and provisions of this Agreement or affecting the
validity or enforceability of any of the terms or provisions of this
Agreement in any other jurisdiction.
    15. Termination. Any Participating Organization may cancel its
participation in the Agreement at any time upon the approval of the
Commission after 180 days written notice to the other Participating
Organizations (or in the case of a change of control in ownership of a
Participating Organization, such other notice time period as that
Participating Organization may choose). The cancellation of its
participation in this Agreement by any Participating Organization shall
not terminate this Agreement as to the remaining Participating
Organizations.
    16. General. The Participating Organizations agree to perform all
acts and execute all supplementary instruments or documents that may be
reasonably necessary or desirable to carry out the provisions of this
Agreement.
    17. Written Notice. Any written notice required or permitted to be
given under this Agreement shall be deemed given if sent by certified
mail, return receipt requested, or by a comparable means of electronic
communication to each Participating Organization entitled to receipt
thereof, to the attention of the Participating Organization's
representative at the Participating Organization's then principal
office or by email.
    18. Confidentiality. The Participating Organizations agree that
documents or information shared shall be held in confidence, and used
only for the purposes of carrying out their respective regulatory
obligations under this Agreement, provided, however, that each
Participating Organization may disclose such documents or information
as may be required to comply with applicable requlatory requirements or
requests for information from the SEC. Any Participating Organization
disclosing confidential documents or information in compliance with
applicable regulatory or oversight requirements will request
confidential treatment of such information. No Participating
Organization shall assert regulatory or other privileges as against the
other with respect to Regulatory Information that is required to be
shared pursuant to this Agreement.
    19. Regulatory Responsibility. Pursuant to Section 17(d)(1)(A) of
the Act, and Rule 17d-2 thereunder, the Participating Organizations
request the SEC, upon its approval of this Agreement, to relieve the
Participating Organizations which are participants in this Agreement
that are not the DREA as to a Common Member of any and all
responsibilities with respect to the matters allocated to the DREA
pursuant to this Agreement for purposes of Sec. Sec.  17(d) and 19(g)
of the Act.
    20. Governing Law. This Agreement shall be deemed to have been made
in the State of New York, and shall be construed and enforced in
accordance with the law of the State of New York, without reference to
principles of conflicts of laws thereof. Each of the Participating
Organizations hereby consents to submit to the jurisdiction of the
courts of the State of New York in connection with any action or
proceeding relating to this Agreement.
    21. Survival of Provisions. Provisions intended by their terms or
context to survive and continue notwithstanding delivery of the
regulatory services by the DREA and any expiration of this Agreement
shall survive and continue.
    22. Amendment.
    a. This Agreement may be amended to add a new Participating
Organization, provided that such Participating Organization does not
assume regulatory responsibility, [solely] by an amendment executed by
all applicable DREAs and such new Participating Organization. All other
Participating Organizations expressly consent to allow such DREAs to
jointly add new Participating Organizations to the Agreement as
provided above. Such DREAs will promptly notify all Participating
Organizations of any such amendments to add a new Participating
Organization.
    b. All other amendments must be [made] approved by each
Participating Organization. All amendments, including adding a new
Participating Organization but excluding changes to Exhibit B, must be
filed with and approved by the Commission before they become effective.
    23. Effective Date. The Effective Date of this Agreement will be
the date the SEC declares this Agreement to be effective pursuant to
authority conferred by Sec.  17(d) of the Act, and Rule 17d-2
thereunder.
    24. Counterparts. This Agreement may be executed in any number of
counterparts, including facsimile, each of which will be deemed an
original, but all of which taken together shall constitute one single
agreement among the Participating Organizations.
* * * * *

EXHIBIT A

COVERED REGULATION NMS RULES

    SEA Rule 606--Disclosure of Order Routing Information.*
    SEA Rule 607--Customer Account Statements.
    SEA Rule 611[(a)]--Order Protection Rule. [-- Reasonable Policies
and Procedures.]
    [SEA Rule 611(b)--Order Protection Rule.--Exceptions.]
    SEA Rule 612--Minimum Pricing Increment.
    *Covered Regulation NMS Rules with asterisks (*) pertain to NMS
securities. Covered Regulation NMS Rules without asterisks pertain to
NMS stocks.
* * * * *

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

    Pursuant to Section 17(d)(1) of the Act \14\ and Rule 17d-2
thereunder,\15\ October 27, 2015, the Commission may, by written
notice, declare the amended plan submitted by the Parties, File No. 4-
618, to be effective if the Commission finds that the plan is necessary
or appropriate in the public interest and for the protection of
investors, to foster cooperation and coordination among self-regulatory
organizations, or to remove impediments to and foster the

development of the national market system and a national system for the
clearance and settlement of securities transactions and in conformity
with the factors set forth in Section 17(d) of the Act.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q(d)(1).
    \15\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

IV. Solicitation of Comments

    In order to assist the Commission in determining whether to approve
the proposed 17d-2 Plan and to relieve the Parties of the
responsibilities which would be assigned to the applicable DREA,
interested persons are invited to submit written data, views, and
arguments concerning the foregoing. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 4-618 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-618. 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/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan 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, on official business days between
the hours of 10:00 a.m. and 3:00 p.m. Copies of the plan also will be
available for inspection and copying at the principal offices of the
Parties. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number 4-618
and should be submitted on or before October 27, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
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    \16\ 17 CFR 200.30-3(a)(34).
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[FR Doc. 2015-25328 Filed 10-5-15; 8:45 am]
 BILLING CODE 8011-01-P