[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31538-31539]
[FR Doc No: 2020-11185]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2020-0014; OMB No. 1660-0132]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Consolidated FEMA-National Training and Education
Division (NTED) Level 3 Training Evaluation Forms

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a
reinstatement, with change, of a previously approved information
collection for which approval has expired. In accordance with the
Paperwork Reduction Act of 1995, this notice seeks comments concerning
the use of the three separate Kirkpatrick Training Program Evaluation
Level 3 instruments by three geographically separated National Training
and Education (NTED) Training Organizations. The Training Partners
Program Branch (TPP) located at FEMA Headquarters, The Center for
Domestic Preparedness (CDP) located in Anniston AL, and The Emergency
Management Institute (EMI) located at Emmitsburg, MD. While these three
instruments contain five common questions or data sets other questions
are required due to unique occupational and operational

needs of their respective customers and the different course/program
content or subject material that is designed to develop interoperable
National Preparedness Core Capabilities, Community Lifelines, and/or
Recovery Sector capabilities across and among various responder
communities. Level 3 data is used to measure and monitor transfer or
retention of knowledge, skills and abilities obtained during training
to the students work environment and/or organizational work
environment. Data collected is utilized to continuously improve course
material, delivery and to inform key stakeholders on course/program
performance in accordance with the GPRA Modernization Act of 2010.

DATES: Comments must be submitted on or before July 27, 2020.

ADDRESSES: Submit comments at www.regulations.gov under Docket ID FEMA-
2020-0014. Follow the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. All submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Samuel Phillips at
<EMAIL_ADDRESS>for questions regarding the new TPP Level
3 Post Course Assessment Form. Beverly Borden at
<EMAIL_ADDRESS>for questions on the two CDP Level 3 forms,
and Dana Moats at<EMAIL_ADDRESS>or Scott Vandermark at
<EMAIL_ADDRESS>for questions or inquires on the EMI FEMA
Follow-up Evaluation Survey. You may contact the Information Management
Division for copies of the proposed collection of information at email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In support of Presidential Policy Directive
(PPD--8) National Preparedness, the National Preparedness Goal (NPG)
and National Preparedness System (NPS) FEMA's NTED provides program
oversight of three geographically separated training organizations: TPP
in Washington, DC, CDP in Anniston, AL, and EMI in Emmitsburg, MD.
These organizations with the National Domestic Preparedness Consortium
(NDPC) and the Continuing Training Grant (CTG) members comprise the
National Training and Education System (NTES) and are organized to
optimize the 6 U.S.C. 748 required National Training Program on behalf
of the FEMA Administrator in collaboration with other Federal agencies.
Working collective as a NTES the training capabilities and capacity of
the Nation increase the planning, capability and capacity to design,
develop, deliver and evaluate training and education solutions to build
sustainable and interoperable National Core Capabilities, Community
Lifelines, and Recovery Sectors that prevent, protect, mitigate,
respond and recover the Nation from acts of terrorism and natural
disasters.
    As member of the Federal Government FEMA's NTED and component
organizations have developed these training evaluation instruments to
measure their individual and collective program performance as required
by the GPRA Modernization Act of 2010. Paragraph(a) of 31 U.S.C. 1115
covers Federal Government and Agency Performance Plans while paragraph
(b) covers Agency Performance Plans (6) requires a balanced set of
performance indicators to be used in measuring or assessing progress
toward each performance goal, including, as appropriate, customer
service, efficiency, output, and outcome indicators.
    This information collection expired on February 28, 2019. FEMA is
requesting a reinstatement, with change, of a previously approved
information collection for which approval has expired.

Collection of Information

    Title: Consolidated FEMA-National Training and Education Division
(NTED) Level 3 Training Evaluation Forms.
    Type of information collection: Reinstatement, with change, of a
previously approved collection for which approval has expired.
    OMB Number: 1660-0132.
    Form Titles and Numbers: FEMA Form 016-0-2, Post Course Assessment
National Training & Education Division, Training Partners Program
(TPP); FEMA Form 092-0-2A, PER-220 Field Force Operations (FFO) Post-
Graduate Questionnaire for Students; FEMA Form 092-0-2B, PER-220 Field
Force Operations (FFO) Post-Graduate Training Evaluation for
Supervisors; and FEMA Form 519-0-1, Emergency Management Institute
(EMI): FEMA Follow-up Evaluation Survey.
    Abstract: This data collection is required in support of GPRAMA
2010 Section 115 to provide National Preparedness Training Program
performance evaluation data to FEMA; DHS Executives; Congress; and
State, local, Tribal and territorial (SLTT) elected officials. This
instrument is part of a larger training program evaluation collection
that applies the Kirkpatrick Training Evaluation Model. Respondents
include SLTT emergency responders from Law Enforcement, Emergency
Medical and Public Health communities.
    Affected Public: State, local, Tribal, and territorial employees.
Others include non-profits and Federal Emergency Support Function Lead
Agency employees.
    Estimated Number of Respondents: 124,692.
    Estimated Number of Responses: 124,692.
    Estimated Total Annual Burden Hours: 31,174.
    Estimated Total Annual Respondent Cost: $1,379,085.
    Estimated Respondents' Operation and Maintenance Costs: N/A.
    Estimated Respondents' Capital and Start-Up Costs: N/A.
    Estimated Total Annual Cost to the Federal Government: $180,082.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Maile Arthur,
Acting Records Management Branch Chief, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2020-11185 Filed 5-22-20; 8:45 am]
BILLING CODE 9111-53-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Notices]
[Page 10332]
[DOCID:fr05mr10-143]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of Xtreme Motorsports International, Inc.; Order
of Suspension of Trading

March 3, 2010.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Xtreme Motorsports International, Inc. (``Xtreme Motorsports'') because
questions have arisen regarding trading in the company's stock. Xtreme
Motorsports is quoted on the Pink Sheets under the symbol ``XTMM.''
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EST, on
March 3, 2010 through 11:59 p.m. EDT, on March 16, 2010.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-4803 Filed 3-3-10; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47211-47214]
[FR Doc No: 2023-15475]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97929; File No. SR-CboeEDGX-2023-045]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Its Fees Schedule Related to Physical Port Fees

July 17, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 3, 2023, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX Options'')
proposes to amend its Fees Schedule. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
options platform (``EDGX Options'') relating to physical connectivity
fees, effective July 3, 2023.
    By way of background, a physical port is utilized by a Member or
non-Member to connect to the Exchange at the data centers where the
Exchange's servers are located. The Exchange currently assesses the
following physical connectivity fees for Members and non-Members on a
monthly basis: $2,500 per physical port for a 1 gigabit (``Gb'')
circuit and $7,500 per physical port for a 10 Gb circuit. The Exchange
proposes to increase the monthly fee for 10 Gb physical ports from
$7,500 to $8,500 per port. The Exchange notes the proposed fee change
better enables it to continue to maintain and improve its market

technology and services and also notes that the proposed fee amount,
even as amended, continues to be in line with, or even lower than,
amounts assessed by other exchanges for similar connections.\3\ The
physical ports may also be used to access the Systems for the following
affiliate exchanges and only one monthly fee currently (and will
continue) to apply per port: the Exchange's equities platform (EDGX
Equities), Cboe BZX Exchange, Inc. (options and equities platforms),
Cboe BYX Exchange, Inc., Cboe EDGA Exchange, Inc., and Cboe C2
Exchange, Inc., (``Affiliate Exchanges'').\4\
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    \3\ See e.g., The Nasdaq Stock Market LLC (``Nasdaq''), General
8, Connectivity to the Exchange. Nasdaq and its affiliated exchanges
charge a monthly fee of $15,000 for each 10Gb Ultra fiber connection
to the respective exchange, which is analogous to the Exchange's
10Gb physical port. See also New York Stock Exchange LLC, NYSE
American LLC, NYSE Arca, Inc., NYSE Chicago Inc., NYSE National,
Inc. Connectivity Fee Schedule, which provides that 10 Gb LX LCN
Circuits (which are analogous to the Exchange's 10 Gb physical port)
are assessed $22,000 per month, per port.
    \4\ The Affiliate Exchanges are also submitting contemporaneous
identical rule filings.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
section 6(b)(5) \6\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
section 6(b)(5) \7\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange also believes the proposed rule
change is consistent with section 6(b)(4) \8\ of the Act, which
requires that Exchange rules provide for the equitable allocation of
reasonable dues, fees, and other charges among its Members and other
persons using its facilities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
    \8\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the proposed fee change is reasonable as it
reflects a moderate increase in physical connectivity fees for 10Gb
physical ports. Further, the current 10 Gb physical port fee has
remained unchanged since June 2018.\9\ Since its last increase 5 years
ago however, there has been notable inflation. Particularly, the dollar
has had an average inflation rate of 3.9% per year between 2018 and
today, producing a cumulative price increase of approximately 21.1%
inflation since the fee for the 10 Gb physical port was last
modified.\10\ Accordingly, the Exchange believes the proposed fee is
reasonable as it represents only an approximate 13% increase from the
rates adopted five years ago, notwithstanding the cumulative rate of
21.1%.
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    \9\ See Securities and Exchange Release No. 83430 (June 14,
2018), 83 FR 28697 (June 20, 2018) (SR-CboeEDGX-2018-017).
    \10\ See https://www.officialdata.org/us/inflation/2010?amount=1.
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    The Exchange also believes the proposed fee is reasonable as it is
still in line with, or even lower than, amounts assessed by other
exchanges for similar connections.\11\ As noted above, the proposed fee
is also the same as is concurrently being proposed for its Affiliate
Exchanges. Further, Members are able to utilize a single port to
connect to any of the Affiliate Exchanges with no additional fee
assessed for that same physical port. Particularly, the Exchange
believes the proposed monthly per port fee is reasonable, equitable and
not unfairly discriminatory as it is assessed only once, even if it
connects with another affiliate exchange since only one port is being
used and the Exchange does not wish to charge multiple fees for the
same port.
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    \11\ See e.g., The Nasdaq Stock Market LLC (``Nasdaq''), General
8, Connectivity to the Exchange. Nasdaq and its affiliated exchanges
charge a monthly fee of $15,000 for each 10Gb Ultra fiber connection
to the respective exchange, which is analogous to the Exchange's
10Gb physical port. See also New York Stock Exchange LLC, NYSE
American LLC, NYSE Arca, Inc., NYSE Chicago Inc., NYSE National,
Inc. Connectivity Fee Schedule, which provides that 10 Gb LX LCN
Circuits (which are analogous to the Exchange's 10 Gb physical port)
are assessed $22,000 per month, per port.
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    The Exchange also believes that the proposed fee change is not
unfairly discriminatory because it would be assessed uniformly across
all market participants that purchase the physical ports. Further,
Members and non-Members will continue to choose the method of
connectivity based on their specific needs and no broker-dealer is
required to become a Member of, let alone connect directly to, the
Exchange. There is also no regulatory requirement that any market
participant connect to any one particular exchange. Moreover, direct
connectivity is not a requirement to participate on the Exchange. The
Exchange also believes substitutable products and services are
available to market participants, including, among other things, other
options exchanges that a market participant may connect to in lieu of
the Exchange, indirect connectivity to the Exchange via a third-party
reseller of connectivity, and/or trading of any options product, such
as within the Over-the-Counter (OTC) markets. Indeed, there are
currently 16 registered options exchanges that trade options, some of
which have similar or lower connectivity fees.\12\ Based on publicly
available information, no single options exchange has more than
approximately 19% of the market share.\13\ Further, low barriers to
entry mean that new exchanges may rapidly enter the market and offer
additional substitute platforms to further compete with the Exchange
and the products it offers. For example, there are 3 exchanges that
have been added in the U.S. options markets in the last 5 years (i.e.,
Nasdaq MRX, LLC, MIAX Pearl, LLC, and MIAX Emerald LLC) and one
additional options exchange that is expected to launch in 2023 (i.e.,
MEMX LLC).
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    \12\ Id.
    \13\ See Cboe Global Markets U.S. Options Market Volume Summary
(June 27, 2023), available at https://markets.cboe.com/us/options/market_statistics/.
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    As noted above, there is no regulatory requirement that any market
participant connect to any one options exchange, nor that any market
participant connect at a particular connection speed or act in a
particular capacity on the Exchange, or trade any particular product
offered on an exchange. Moreover, membership is not a requirement to
participate on the Exchange. A market participant may submit orders to
the Exchange via a Member broker or a third-party reseller of
connectivity. Indeed, the Exchange is unaware of any one options
exchange whose membership includes every registered broker-dealer. By
way of example, while the Exchange currently has 51 members that trade
options, Cboe BZX has 61 members that trade options, and Cboe C2 has 52
Trading Permit Holders (``TPHs'') (i.e., members). There is also no
firm that is a Member of EDGX Options only. Further, based on publicly
available information regarding

a sample of the Exchange's competitors, NYSE American Options has 71
members,\14\ and NYSE Arca Options has 69 members,\15\ MIAX Options has
46 members \16\ and MIAX Pearl Options has 40 members.\17\
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    \14\ See https://www.nyse.com/markets/american-options/membership#directory.
    \15\ See https://www.nyse.com/markets/arca-options/membership#directory.
    \16\ See https://www.miaxglobal.com/sites/default/files/page-files/MIAX_Options_Exchange_Members_April_2023_04282023.pdf.
    \17\ See https://www.miaxglobal.com/sites/default/files/page-files/MIAX_Pearl_Exchange_Members_01172023_0.pdf.
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    Additionally, the Exchange notes that non-Members such as Service
Bureaus and Extranets resell exchange connectivity. This indirect
connectivity is another viable alternative for market participants to
trade on the Exchange without connecting directly to the Exchange (and
thus not pay the Exchange's connectivity fees), which alternative is
already being used by non-Members and further constrains the price that
the Exchange is able to charge for connectivity to its Exchange. The
Exchange notes that it could, but chooses not to, preclude market
participants from reselling its connectivity. The Exchange also chooses
not to adopt fees that would be assessed to third-party resellers on a
per customer basis (i.e., fee based on number of Members that connect
to the Exchange indirectly via the third-party). Indeed, the Exchange
does not receive any connectivity revenue when connectivity is resold
by a third-party, which often is resold to multiple customers, some of
whom are agency broker-dealers that have numerous customers of their
own.
    Accordingly, the vigorous competition among national securities
exchanges provides many alternatives for firms to voluntarily decide
whether direct connectivity to the Exchange is appropriate and
worthwhile, and as noted above, no broker-dealer is required to become
a Member of the Exchange, let alone connect directly to it. In the
event that a market participant views the Exchange's proposed fee
change as more or less attractive than the competition, that market
participant can choose to connect to the Exchange indirectly or may
choose not to connect to that exchange and connect instead to one or
more of the other 15 options markets. Notwithstanding the foregoing,
the Exchange still believes that the proposed fee increase is
reasonable, equitably allocated and not unfairly discriminatory, even
for market participants that determine to connect directly to the
Exchange for business purposes, as those business reasons should
presumably result in revenue capable of covering the proposed fee.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed fee change will
not impact intramarket competition because it will apply to all
similarly situated Members equally (i.e., all market participants that
choose to purchase the 10 Gb physical port).
    The Exchange's proposed fee is still lower than some fees for
similar connectivity on other exchanges and therefore may stimulate
intermarket competition by attracting additional firms to connect to
the Exchange or at least should not deter interested participants from
connecting directly to the Exchange. Further, if the changes proposed
herein are unattractive to market participants, the Exchange can, and
likely will, see a decline in connectivity via 10 Gb physical ports as
a result. The Exchange operates in a highly competitive market in which
market participants can determine whether or not to connect directly to
the Exchange based on the value received compared to the cost of doing
so.

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

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

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \18\ and paragraph (f) of Rule 19b-4 \19\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeEDGX-2023-045 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-CboeEDGX-2023-045. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CboeEDGX-2023-045 and should
be submitted on or before August 11, 2023.
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    \20\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-15475 Filed 7-20-23; 8:45 am]
BILLING CODE 8011-01-P