[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Pages 32308-32310]
[FR Doc No: 2021-12809]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0123; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-
2014-0102; FMCSA-2014-0104; FMCSA-2014-0106; FMCSA-2014-0107; FMCSA-
2014-0383; FMCSA-2015-0326; FMCSA-2017-0058; FMCSA-2018-0137; FMCSA-
2018-0138]

Qualification of Drivers; Exemption Applications; Hearing

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 28
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on June 17, 2021. The exemptions
expire on June 17, 2023. Comments must be received on or before July
19, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0123, Docket No. FMCSA-
2013-0124, Docket No. FMCSA-2013-0125, Docket No. FMCSA-2014-0102,
Docket No. FMCSA-2014-0104, Docket No. FMCSA-2014-0106, Docket No.
FMCSA-2014-0107, Docket No. FMCSA-2014-0383, Docket No. FMCSA-2015-
0326, Docket No. FMCSA-2017-0058, Docket No. FMCSA-2018-0137, or Docket
No. FMCSA-2018-0138 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2013-0123, FMCSA-2013-0124, FMCSA-2013-
0125, FMCSA-2014-0102, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-
0107, FMCSA-2014-0383, FMCSA-2015-0326, FMCSA-2017-0058, FMCSA-2018-
0137, or FMCSA-2018-0138 in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click on the ``Comment'' button. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0123, Docket No. FMCSA-2013-0124, Docket
No. FMCSA-2013-0125, Docket No. FMCSA-2014-0102, Docket No. FMCSA-2014-
0104, Docket No. FMCSA-2014-0106, Docket No. FMCSA-2014-0107, Docket
No. FMCSA-2014-0383, Docket No. FMCSA-2015-0326, Docket No. FMCSA-2017-
0058, Docket No. FMCSA-2018-0137, or Docket No. FMCSA-2018-0138),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-2013-0123, FMCSA-2013-0124, FMCSA-2013-0125,
FMCSA-2014-0102, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-0107,
FMCSA-2014-0383, FMCSA-2015-0326, FMCSA-2017-0058, FMCSA-2018-0137, or
FMCSA-2018-0138 in the keyword box, and click ``Search.'' Next, sort
the results by ``Posted (Newer-Older),'' choose the first notice
listed, click the ``Comment'' button, and type your comment into the
text box on the following screen. Choose whether you are submitting
your comment as an individual or on behalf of a third party and then
submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit

comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2013-0123, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2014-
0102, FMCSA-2014-0104, FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2014-
0383, FMCSA-2015-0326, FMCSA-2017-0058, FMCSA-2018-0137, or FMCSA-2018-
0138 in the keyword box, and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first notice listed, and click
``Browse Comments.'' If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 28 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

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

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 28
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 28 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    As of June 17, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 28 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Selwyn Abrahamson (MN)
Kevin Ballard (TX)
Robert M. Benner (OH)
Courtney Bertling (OR)
Tonya Bland (PA)
Conley Bowling (KY)
Shawn Carico (TN)
Thomas M. Carr (PA)
Jason M. Clark (MO)
Herbert Crowe (MO)
Byron Davis (TX)
Mark Dickson (TX)
Jacob Gadreault (MA)
Timothy Gallagher (PA)
David Garland (ME)
Lane Grover (IN)
Gregory Hill (MS)
Thomas Lipyanic (FL)
Billie Jo Martinez (TX)
Jonathan A. Muhm (CA)
Charles Pitt (AL)
David Shores (NC)
Sandy Sloat (TX)
Kirk Soneson (OH)
James Thomason (MO)
Ramarr Wadley (PA)
Jeffrey Webber (OK)
Richard Whittaker (FL)

    The drivers were included in docket number FMCSA-2013-0123, FMCSA-
2013-0124, FMCSA-2013-0125, FMCSA-2014-0102, FMCSA-2014-0104, FMCSA-
2014-0106, FMCSA-2014-0107, FMCSA-2014-0383, FMCSA-2015-0326, FMCSA-
2017-0058, FMCSA-2018-0137, or FMCSA-2018-0138. Their exemptions are
applicable as of June 17, 2021 and will expire on June 17, 2023.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the

exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 28 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for 2 years unless
revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-12809 Filed 6-16-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78398-78401]
[FR Doc No: 2023-25105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98892; File No. SR-NYSEAMER-2023-56]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Amend Rule
7.31E

November 8, 2023.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on October 31, 2023, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.31E to provide for the use of
ALO Reserve Orders. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, 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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 7.31E to provide for the use of
ALO Reserve Orders.
ALO Orders
    Rule 7.31E(e)(2) defines an ALO Order as a Non-Routable Limit Order
that, unless it receives price improvement, will not remove liquidity
from the Exchange Book. An ALO Order can be designated to be cancelled
if it would be displayed at a price other than its limit price for any
reason. An ALO Order can be designated as non-displayed.
    As described in Rule 7.31E(e)(2)(A), an Aggressing ALO Order to buy
(sell) will trade if its limit price crosses the working price of any
displayed or non-displayed orders to sell (buy) on the Exchange Book
priced equal to or below (above) the PBO (PBB) of an Away Market, in
which case it will trade as the liquidity taker with such orders.
    As noted above, Rule 7.31E(e)(2) provides that an ALO Order may be

designated to cancel if it would be displayed at a price other than its
limit price. If an ALO Order is not so designated, any untraded
quantity of such order to buy (sell) is processed as follows (Rules
7.31E(e)(2)(B)(i) and (ii)):
     If the limit price of the ALO Order locks the display
price of any order to sell (buy) ranked Priority 2--Display Orders on
the Exchange Book, it will have a working price and display price (if
designated to display) one MPV below (above) the price of the displayed
order on the Exchange Book.
     If the limit price of the ALO Order locks or crosses the
PBO (PBB) of an Away Market, it will have a working price equal to the
PBO (PBB) of the Away Market and a display price (if designated to
display) one MPV below (above) the PBO (PBB) of the Away Market.
    Rule 7.31E(e)(2)(C) provides that any untraded quantity of an ALO
Order to buy (sell) will have a working price and display price (if
designated to display) equal to its limit price if it locks non-
displayed orders to sell (buy) on the Exchange Book. Rule
7.31E(e)(2)(D) provides that an ALO Order to buy (sell) will not be
assigned a working price or display price above (below) the limit price
of such order.
    Once resting on the Exchange Book, ALO Orders may be re-priced or
trade, or both, as described in Rule 7.31E(e)(2)(E):
     If order(s) to sell (buy) ranked Priority 2--Display
Orders or the PBO (PBB) of an Away Market re-prices higher (lower), an
ALO Order to buy (sell) will trade or be priced, or both, consistent
with Rules 7.31E(e)(2)(A), (e)(2)(B)(i) and (ii), and (e)(2)(C).
     If the PBO (PBB) of an Away Market re-prices lower
(higher) to be equal to or lower (higher) than its last display price
or if its limit price no longer locks or crosses the PBO (PBB) of the
Away Market, an ALO Order to buy (sell) will be priced pursuant to
Rules 7.31E(e)(1)(A)(ii)(c) and (d). If the PBO (PBB) of an Away Market
re-prices lower (higher) than the working price of a non-displayed ALO
Order to buy (sell), such order will have a working price equal to the
PBO (PBB) of the Away Market.
Reserve Orders
    Rule 7.31E(d)(1) provides for Reserve Orders, which are Limit or
Inside Limit Orders with a quantity of the size displayed and with a
reserve quantity (``reserve interest'') of the size that is not
displayed. The displayed quantity of a Reserve Order is ranked Priority
2--Display Orders, and the reserve interest is ranked Priority 3--Non-
Display Orders. Both the display quantity and the reserve interest of
an arriving marketable Reserve Order are eligible to trade with resting
interest in the Exchange Book or to route to Away Markets. The working
price of the reserve interest of a resting Reserve Order will be
adjusted in the same manner as a Non-Displayed Limit Order, as provided
for in Rule 7.31E(d)(2)(A).
    As described in Rule 7.31E(d)(1)(A), the display quantity of a
Reserve Order must be entered in round lots, and the displayed portion
of a Reserve Order will be replenished when the display quantity is
decremented to below a round lot. The replenish quantity will be the
minimum display size of the order or the remaining quantity of the
reserve interest if it is less than the minimum display quantity.
    Rule 7.31E(d)(1)(B) provides that each time the display quantity of
a Reserve Order is replenished from reserve interest, a new working
time is assigned to the replenished quantity (each display quantity
with a different time is referred to as a ``child'' order), while the
reserve interest retains the working time of the original order entry.
In addition, when a Reserve Order is replenished from reserve interest
and already has two child orders that equal less than a round lot, the
child order with the later working time will rejoin the reserve
interest and be assigned the new working time assigned to the next
replenished quantity. If a Reserve Order is not routable, the replenish
quantity will be assigned a display and working price consistent with
the instructions for the order.
    Rule 7.31E(d)(1)(C) provides that a Reserve Order must be
designated Day and may only be combined with a Non-Routable Limit
Order. Rule 7.31E(d)(1)(C) also currently provides that a Reserve Order
may not be designated as an ALO Order.
    Rule 7.31E(d)(1)(D) provides that routable Reserve Orders will be
evaluated for routing both on arrival and each time their display
quantity is replenished.
    Rule 7.31E(d)(1)(E) provides that a request to reduce the size of a
Reserve Order will cancel the reserve interest before cancelling the
display quantity, and, if the Reserve Order has more than one child
order, the child order with the latest working time will be cancelled
first.
    Rule 7.31E(d)(1)(F) provides that, if the PBBO is crossed and the
display quantity of a Reserve Order to buy (sell) that is a Non-
Routable Limit Order is decremented to less than a round lot, the
display price and working price of such Reserve Order will not change
and the reserve interest that replenishes the display quantity will be
assigned a display price one MPV below (above) the PBO (PBB) and a
working price equal to the PBO (PBB). Rule 7.31E(d)(1)(F) further
provides that, when the PBBO uncrosses, the display price and working
price will be adjusted as provided for under Rule 7.31E(e)(1) relating
to Non-Routable Limit Orders.
ALO Reserve Orders
    The Exchange proposes to amend Rule 7.31E to provide for the use of
ALO Reserve Orders. The proposed change is not intended to introduce
any new functionality or modify any current functionality, but rather
to facilitate the combination of two order types currently offered by
the Exchange. As proposed, ALO Reserve Orders would, except as
otherwise noted, operate consistent with current Rule 7.31E(d)(1)
regarding Reserve Orders and current Rule 7.31E(e)(2) regarding ALO
Orders. To allow for the use of ALO Reserve Orders, the Exchange first
proposes to amend Rule 7.31E(d)(1)(C) to delete the last sentence of
such rule, which currently provides that a Reserve Order may not be
designated as an ALO Order.
    The proposed change is intended to allow ALO Orders, as described
in Rule 7.31E(e)(2) and the paragraphs thereunder,\4\ to have a
displayed quantity, along with non-displayed reserve interest, as
described in Rule 7.31E(d)(1). The display quantity of an ALO Reserve
Order would be replenished as provided in Rules 7.31E(d)(1)(A) and (B).
As ALO Reserve Orders are non-routable, under Rule 7.31E(d)(1)(B)(ii),
the replenish quantity of an ALO Reserve Order would be assigned a
display price and working price consistent with the behavior of ALO
Orders as described in current Exchange rules.
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    \4\ The Exchange does not propose to allow non-displayed ALO
Orders to be designated as Reserve Orders, given that a Reserve
Order must have both displayed and non-displayed portions, and thus
proposes to amend Rule 7.31E(e)(2) to specify accordingly.
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    Aggressing ALO Reserve Orders would trade in accordance with
current Rule 7.31E(e)(2)(A). If an ALO Reserve Order is designated to
cancel, it will cancel if it would be displayed at a price other than
its limit price for any reason, as described in Rule 7.31E(e)(2).
Otherwise, any untraded quantity of an ALO Reserve Order would continue
to be processed as ALO Orders are currently, as described in Rules
7.31E(e)(2)(B) and (C). Similarly, the working price of the reserve
interest of a resting ALO Reserve Order would be adjusted as provided
for in Rule

7.31E(d)(1) (i.e., in accordance with Rule 7.31E(d)(2)(A)). Rule
7.31E(d)(1)(E) would also apply to requests to reduce the size of ALO
Reserve Orders.
    As described in Rule 7.31E(d)(1)(F), when the PBBO is crossed and
the display quantity of an ALO Reserve Order to buy (sell) is
decremented to less than a round lot, the display price and working
price of the order would not change, but the reserve interest that
replenishes the display quantity would be assigned a display price one
MPV below (above) the PBO (PBB) and a working price equal to the PBO
(PBB). The Exchange proposes to amend Rule 7.31E(d)(1)(F) to add new
rule text describing how the display price and working price of an ALO
Reserve Order would be adjusted when a previously crossed PBBO
uncrosses. Specifically, the Exchange proposes to add text to the last
sentence of Rule 7.31E(d)(1)(F) providing that the display price and
working price of an ALO Reserve Order would be adjusted in accordance
with Rule 7.31E(e)(2)(E), which describes how ALO Orders resting on the
Exchange Book are repriced and/or traded. Because ALO Orders behave
differently from other Non-Routable Limit Orders and may only trade
when they receive price improvement, the Exchange proposes to add text
to Rule 7.31E(e)(2)(F) clarifying that ALO Reserve Orders would have
their display price and working price adjusted consistent with the
rules applicable to ALO Orders when the PBBO uncrosses.
    The proposed change is intended to facilitate the combined use of
two existing order types available on the Exchange, thereby providing
ETP Holders with enhanced flexibility and optionality when trading on
the Exchange. The proposed change could also promote increased
liquidity and trading opportunities on the Exchange, to the benefit of
all market participants. The Exchange also believes the proposed change
would permit the Exchange to offer functionality already available on
at least one other equities exchange, thereby promoting competition
among equities exchanges.\5\
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    \5\ See, e.g., MEMX Rules 11.8(b)(4) and (7) (providing that a
Limit Order may include a reserve quantity and may be designated
with a Post Only instruction); see also MEMX User Manual, available
at https://info.memxtrading.com/wp-content/uploads/2023/03/MEMX-User-Manual-03.10.23.pdf, at 9 (providing that a Limit Order
designated Day may have both reserve quantity and Post Only
instructions).
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    Because of the technology changes associated with this proposed
rule change, the Exchange will announce the implementation date by
Trader Update, which, subject to effectiveness of this proposed rule
change, will be in the fourth quarter of 2023.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Act,\6\ in general, and furthers the objectives of section 6(b)(5),\7\
in particular, because it is 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 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.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to
remove impediments to and perfect the mechanism of a free and open
market because it would allow for the combined use of two existing
order types available on the Exchange and permit the Exchange to offer
functionality similar to that already available on at least one other
equities exchange.\8\ ETP Holders would be free to choose to use the
proposed ALO Reserve Order type or not, and the proposed change would
not otherwise impact the operation of the Reserve Order or ALO Order as
described in current Exchange rules. The Exchange also believes that
the proposed rule change would remove impediments to and perfect the
mechanism of a free and open market, as well as protect investors and
the public interest, by expanding the options available to ETP Holders
when trading on the Exchange and promoting increased liquidity and
additional trading opportunities for all market participants.
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    \8\ See note 5, supra.
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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. In addition, as noted above,
Exchange believes the proposed rule change would allow the Exchange to
offer functionality already available on at least one other equities
exchange \9\ and thus would promote competition among equities
exchanges. The Exchange also believes that, to the extent the proposed
change increases opportunities for order execution, the proposed change
would promote competition by making the Exchange a more attractive
venue for order flow and enhancing market quality for all market
participants.
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    \9\ See id.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The Exchange has filed the proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\12\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEAMER-2023-56 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-NYSEAMER-2023-56. 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-NYSEAMER-2023-56 and should
be submitted on or before December 6, 2023.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-25105 Filed 11-14-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Page 32046]
[FR Doc No: 2017-14523]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land Use Assurance
Arlington Municipal Airport, Arlington, WA

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice.

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SUMMARY: Notice is being given that the FAA is considering a proposal
from the City of Arlington Airport Director to change certain portions
of the airport from aeronautical use to non-aeronautical use at
Arlington Municipal Airport, Arlington, WA. The proposal consists of
ten parcels on the east side of the airfield adjacent to 59th Avenue,
Northeast.

DATES: Comments must be received August 10, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. David M. Ryan, Airport Director,
City of Arlington, 18204 59th Avenue NE., Arlington, WA 98223; or Ms.
Cayla D. Morgan, Environmental Protection Specialist, Seattle Airports
District Office, 1601 Lind Avenue SW., Suite 250, Renton, WA 98057-
3356,<PHONE_NUMBER>. Documents reflecting this FAA action may be
reviewed at the above locations.
    Written comments can be provided to Ms. Cayla D. Morgan,
Environmental Protection Specialist, Seattle Airports District Office,
1601 Lind Avenue SW., Suite 250, Renton, WA 98057-3356.

SUPPLEMENTARY INFORMATION: Under the provisions of Title 49, U.S.C.
47153(c), and 47107(h)(2), the FAA is considering a proposal from the
Airport Director, City of Arlington, to change a portion of the
Arlington Municipal Airport from aeronautical use to non-aeronautical
use. The proposal consists of ten parcels on the east side of the
airport adjacent to 59th Avenue, Northeast.
    The parcels are landlocked and do not have airfield access. They
are currently being used for aerospace manufacturing, office space, and
parking. They will remain rental property with all lease revenues going
to the airport operating budget. The FAA concurs that the parcels are
no longer needed for aeronautical purposes. The proposed use of this
property is compatible with other airport operations in accordance with
FAA's Policy and Procedures Concerning the Use of Airport Revenue,
published in Federal Register on February 16, 1999.

    Issued in Renton, Washington, on June 30, 2017.
Joelle Briggs,
Manager, Seattle Airports District Office.
[FR Doc. 2017-14523 Filed 7-10-17; 8:45 am]
 BILLING CODE 4910-13-P