[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54713-54715]
[FR Doc No: 2013-21534]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70283; File No. SR-ICEEU-2013-08]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To
Account for Sections 1471 through 1474 of the U.S. Internal Revenue
Code and U.S. Treasury Regulations and Other Guidance Thereunder
(Commonly Known as the Foreign Account Tax Compliance Act or ``FATCA'')

August 29, 2013.
    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 August 20, 2013, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule changes described in Items I and II below, which Items
have been prepared primarily by ICE Clear Europe. ICE Clear Europe
filed the proposal pursuant to Section 19(b)(3)(A)(ii) \3\ of the Act
and Rule 19b-4(f)(2) \4\ thereunder so that the proposal was effective
upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    ICE Clear Europe submits proposed amendments to its CDS Procedures,
as described below, in connection with the implementation of sections
1471 through 1474 of the Internal Revenue Code of 1986, as amended,
which sections were enacted as part of the Foreign Account Tax
Compliance Act, and the Treasury Regulations or other official
interpretations thereunder (collectively ``FATCA'').

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

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe 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

    ICE Clear Europe submits proposed amendments to its CDS Procedures
in order to clarify the scope of the obligation of CDS Clearing Members
to pay additional amounts to (or otherwise indemnify) ICE Clear Europe
for any tax imposed or collected pursuant to FATCA in connection with
CDS clearing.
    FATCA was enacted on March 18, 2010, as part of the Hiring
Incentives to Restore Employment Act, and became effective, subject to
transition rules, on January 1, 2013. The U.S. Treasury Department
finalized and issued various implementing regulations (``FATCA
Regulations'') \5\ on January 17, 2013. FATCA's intent is to curb tax
evasion by U.S. citizens and residents through their use of offshore
bank accounts. FATCA generally requires foreign financial institutions
(``FFIs'') \6\ to become ``participating FIs'' by entering into
agreements with the Internal Revenue Service (``IRS''). Under these
agreements, FFIs are required to report to the IRS information on U.S.
persons and entities that have (directly or indirectly) accounts with
these FFIs. If an FFI does not enter into such an agreement with the
IRS, FATCA will generally impose a 30% withholding tax on U.S.-source
interest, dividends and other periodic amounts paid to such
``nonparticipating FFI'' (``Income Withholding''), as well as on the
payment of gross proceeds arising from the sale, maturity or redemption
of securities or any instrument yielding U.S.-source interest and
dividends (``Gross Proceeds Withholding,'' and, together with Income
Withholding, ``FATCA Withholding''). The 30% FATCA Withholding taxes
will apply to payments made to a nonparticipating FFI acting in any
capacity, including payments made to a nonparticipating FFI that is not
the beneficial owner of the amount paid and acting only as a custodian
or other intermediary with respect to such payment. To the extent that
U.S.-source interest, dividend, and other periodic amount or gross
proceeds payments are due to a nonparticipating FFI in any capacity, a
U.S. payor transmitting such payments to the nonparticipating FFI will
be liable to the IRS for any amounts of FATCA Withholding that the U.S.
payor should, but does not, withhold and remit to the IRS.
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    \5\ Regulations Relating to Information Reporting by Foreign
Financial Institutions and Withholding on Certain Payments to
Foreign Financial Institutions and Other Foreign Entities, 78 FR
5874 (Apr. 15, 2013).
    \6\ Non-U.S. financial institutions are referred to as ``foreign
financial institutions'' or ``FFIs'' in the FATCA Regulations.
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    In addition, under FATCA, a U.S. payor could be required to deduct
Income Withholding with regard to a participating FFI if either: (x)
the participating FFI makes a statutory election to shift its
withholding responsibility under FATCA to the U.S. payor; or (y) the
U.S. payor is required to ignore the actual recipient and treat the
payment as if made instead to certain owners, principals, customers,
account holders or financial counterparties of the participating FFI.
    As an alternative to FFIs entering into individual agreements with
the IRS, the U.S. Treasury Department provided another means of
complying with FATCA for FFIs which are resident in Non-U.S.
jurisdictions that enter into intergovernmental agreements (``IGAs'')
with the United States.\7\ Generally, such a jurisdiction (``FATCA
Partner'') would pass laws to eliminate the conflicts of law issues
that would otherwise make it difficult for FFIs in its jurisdiction to
collect the information required under FATCA and transfer this
information, directly or indirectly, to the United States. An FFI
resident in a FATCA Partner jurisdiction would either transmit FATCA
reporting to its local competent tax authority, which in turn would
transmit the information to the IRS, or the FFI would be authorized/
required by FATCA Partner law to enter into an FFI agreement and
transmit FATCA reporting directly to the IRS. Under both IGA models,
payments to such FFIs would not be subject to FATCA Withholding so long
as the FFI complies with the FATCA Partner's laws mandated in the IGA.
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    \7\ As of the date of this proposed rule change filing, the
United Kingdom, Mexico, Ireland, Switzerland, Spain, Norway,
Denmark, Italy, and Germany have signed or initialed an IGA with the
United States. The U.S. Treasury Department has announced that it is
engaged in negotiations with more than 50 countries and
jurisdictions regarding entering into an IGA.
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    In preparation for FATCA's implementation, FFIs are being asked to
identify their expected FATCA status as a condition of continuing to do
business. Customary legal agreements in the financial services industry
already contain provisions allocating the risk of any FATCA Withholding
tax that will need to be collected, and requiring that, upon FATCA's
effectiveness, foreign

counterparties must certify (and periodically recertify) their FATCA
status using the relevant tax forms that the IRS has announced it will
provide. Advance disclosure by an FFI client or counterparty would
permit a withholding agent to readily determine whether it must, under
FATCA, withhold on payments it makes to the FFI. If an FFI fails to
provide appropriate compliance documentation to a withholding agent,
such FFI would be presumed to be a nonparticipating FFI and the
withholding agent will be obligated to withhold on certain payments.
    FATCA will require ICE Clear Europe to deduct FATCA Withholding on
payments to certain clearing members arising from certain transactions
processed by ICE Clear Europe on behalf of such clearing members.
Because FATCA treats any entity holding financial assets for the
account of others as a ``financial institution,'' ICE Clear Europe
believes that almost all of its clearing members which are treated as
non-U.S. entities for federal income tax purposes will likely be FFIs
under FATCA (collectively, ``FFI Members''). As such, ICE Clear Europe
will be liable to the IRS for any failures to withhold correctly under
FATCA on payments made to its FFI Members.
    Accordingly, the proposed amendments are intended to clarify the
scope of the obligation of CDS Clearing Members to pay additional
amounts to (or otherwise indemnify) ICE Clear Europe for any tax
imposed or collected as a result of FATCA. This also includes any tax
that results from current or future regulations or interpretations of
FATCA, as well as any fiscal or regulatory legislation, rules or
practices adopted pursuant to any IGA entered into in connection with
the implementation of FATCA.
    ICE Clear Europe believes that the proposed rule changes are
consistent with the requirements of Section 17A of the Act \8\ and the
regulations thereunder applicable to it. Specifically, the proposed
rule changes promote the prompt and accurate clearing and settlement of
CDS transactions by eliminating any uncertainty in payment settlement
that would arise if ICE Clear Europe were subject to FATCA Withholding
Obligations. The proposed rule changes are also consistent with Section
17A of the Act because they provide for the equitable allocation of
reasonable due, fees and other charges among ICE Clear Europe's CDS
Clearing Members. Finally, the proposed rule changes allow ICE Clear
Europe to be in compliance with FATCA Regulations.
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    \8\ 15 U.S.C. 78q-1.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed rule changes would
have any impact, or impose any burden, on competition. The proposed
rule changes would apply to all CDS Clearing Members of ICE Clear
Europe that may be subject to FATCA. The proposed rule changes are for
the purpose of ensuring that ICE Clear Europe, as well as its CDS
Clearing Members, are in compliance with FATCA Regulations and thereby
permit the operation of ICE Clear Europe's clearing services consistent
with the FATCA Regulations. As a result, ICE Clear Europe believes that
the obligations imposed under the proposed rule changes are appropriate
in furtherance of the purposes of the Act, and should not have any
effect on the competitive position of CDS Clearing Members.

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

    ICE Clear Europe has solicited written comments relating to the
proposed rule change, but has not received any written comments to
date. ICE Clear Europe will notify the Commission of any written
comments received by ICE Clear Europe.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \9\ of the Act and Rule 19b-4(f)(2) \10\
thereunder because it primarily establishes a fee or other charge
imposed by ICE Clear Europe on its CDS Clearing Members. Specifically,
the proposed rule changes will require CDS Clearing Members to pay
additional amounts to ICE Clear Europe for tax imposed or collected
pursuant to FATCA in connection with CDS clearing. 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2013-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2013-08. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings also will be available
for inspection and copying at the principal office of ICE Clear Europe
and on ICE Clear Europe's Web site at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    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 SR-ICEEU-2013-08
and should be submitted on or before September 26, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-21534 Filed 9-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78717-78722]
[FR Doc No: 2022-27786]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96519; File No. SR-GEMX-2022-13]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Certain
Functionality in Connection With a Technology Migration

December 16, 2022.
    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 December 9, 2022, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``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

    The Exchange proposes to amend Options 3, Section 12, Crossing
Orders and Options 3, Section 13, Price Improvement Mechanism for
Crossing Transactions.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/gemx/rules, 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 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
    In connection with a technology migration to an enhanced Nasdaq,
Inc. (``Nasdaq'') functionality which will result in higher
performance, scalability, and more robust architecture, the Exchange
intends to adopt certain trading functionality currently utilized at
Nasdaq affiliate exchanges. Specifically, the Exchange proposes to
amend Options 3, Section 12, Crossing Orders and Options 3, Section 13,
Price Improvement Mechanism for Crossing Transactions. The changes
proposed herein are identical to changes that were recently proposed
for MRX.\3\ Each change will be described below.
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    \3\ See Securities Exchange Act Release No. 95854 (September 21,
2022), 87 FR 58571 (September 27, 2022) (Order Approving SR-MRX-
2022-10).
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Changes to the Price Improvement Mechanism for Crossing Transactions
    The Price Improvement Mechanism (``PIM'') is a process by which an
Electronic Access Member can provide price improvement opportunities
for a transaction wherein the Electronic Access Member seeks to
facilitate an order it represents as agent, and/or a transaction
wherein the Electronic Access Member solicited interest to execute
against an order it represents as agent (a ``Crossing Transaction'').
    The Exchange proposes to amend PIM in Options 3, Section 13(d)(4)
which currently provides,

    When a market order or marketable limit order on the opposite
side of the market from the Agency Order ends the exposure period,
it will participate in the execution of the Agency Order at the
price that is mid-way between the best counter-side interest and the
NBBO, so that both the market or marketable limit order and the
Agency Order receive price improvement. Transactions will be
rounded, when necessary, to the $.01 increment that favors the
Agency Order.

    Today, unrelated interest in the form of a market order or
marketable limit order, on the opposite side of the market from an
Agency Order,\4\ may end an exposure period \5\ within a PIM and
participate in the execution of the Agency Order. The unrelated order
would participate at the price that is mid-way between the best
counter-side interest and the NBBO, so that both the market order or
marketable limit order

and the Agency Order receive price improvement.
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    \4\ An Agency Order is the part of a Crossing Transaction that
an Electronic Access Member represents as agent. See GEMX Options 3,
Section 13(b).
    \5\ Upon entry of a Crossing Transaction into the Price
Improvement Mechanism, a broadcast message that includes the series,
price and size of the Agency Order, and whether it is to buy or
sell, will be sent to all Members. The Exchange designates a time of
no less than 100 milliseconds and no more than 1 second for Members
to indicate the size and price at which they want to participate in
the execution of the Agency Order (``Improvement Orders'').
Improvement Orders may be entered by all Members in one-cent
increments at the same price as the Crossing Transaction or at an
improved price for the Agency Order, and will only be considered up
to the size of the Agency Order. During the exposure period,
Improvement Orders may not be canceled, but may be modified to (i)
increase the size at the same price, or (ii) improve the price of
the Improvement Order for any size up to the size of the Agency
Order. During the exposure period, responses (including the Counter-
Side Order, Improvement Orders, and any changes to either) submitted
by Members shall not be visible to other auction participants. The
exposure period will automatically terminate (i) at the end of the
time period designated by the Exchange pursuant to Options 3,
Section 13(c)(1) above, (ii) upon the receipt of a market or
marketable limit order on the Exchange in the same series, or (iii)
upon the receipt of a non-marketable limit order in the same series
on the same side of the market as the Agency Order that would cause
the price of the Crossing Transaction to be outside of the best bid
or offer on the Exchange. See GEMX Options 3, Section 13(c).
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    First, the Exchange proposes to not permit unrelated marketable
interest on the opposite side of the market from the Agency Order,
which is received during a PIM, to early terminate a PIM. The Exchange
proposes to amend GEMX Options 3, Section 13(d)(4) to instead provide,

    Unrelated market or marketable interest (against the GEMX BBO)
on the opposite side of the market from the Agency Order received
during the exposure period will not cause the exposure period to end
early and will execute against interest outside of the Crossing
Transaction. If contracts remain from such unrelated order at the
time the auction exposure period ends, they will be considered for
participation in the order allocation process described in sub-
paragraph (3).\6\
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    \6\ Subparagraph (3) of Options 3, Section 13(d) describes the
manner in which a Counter-Side Order would be allocated. The Counter
Side Order is one part of a Crossing Transaction and represents the
full size of the Agency Order. The Counter-Side Order may represent
interest for the Member's own account, or interest the Member has
solicited from one or more other parties, or a combination of both.
See GEMX Options 3, Section 13(b).

    This amendment is identical to a change recently adopted for
MRX.\7\ Additionally, Nasdaq Phlx LLC (``Phlx'') \8\ and Nasdaq BX,
Inc. (``BX'') \9\ similarly do not permit unrelated interest on the
opposite side of the market from the Agency Order to early terminate
their price improvement auctions. With this proposed change, the PIM
exposure period would continue for the full period despite the receipt
of unrelated marketable interest on the opposite side of the market
from the Agency Order. Allowing the PIM to run its full course would
provide an opportunity for additional price improvement to the Crossing
Transaction. Further, the unrelated interest would participate in the
PIM allocation with any residual contracts remaining after interacting
with the order book pursuant to GEMX Options 3, Section 13(d). The
aforementioned residual contracts are contracts that remain available
for execution after the unrelated order on the opposite side of market
as the Agency Order, which was marketable with bids and offers on the
same side of the market as the Agency Order, executed against bids and
offers on the Exchange's order book.
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    \7\ See note 3 above. MRX amended Options 3, Section 13(d)(4).
    \8\ Phlx Options 3, Section 13(b)(4) provides that an unrelated
market or marketable Limit Order (against the PBBO) on the opposite
side of the market from the PIXL Order received during the Auction
will not cause the Auction to end early and will execute against
interest outside of the Auction. See Securities Exchange Act
Releases No. 79835 (January 18, 2017), 82 FR 8445 (January 25, 2017)
(SR-Phlx-2016-119) (Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To
Amend the PIXL Price Improvement Auction in Phlx Rule 1080(n) and To
Make Pilot Program Permanent) and 63027 (October 1, 2010), 75 FR
62160 (October 7, 2010) (SR-Phlx-2010-108) (``PIXL Approval
Order''). The Commission noted in SR-Phlx-2016-119 that, ``In
approving this feature on a pilot basis, the Commission found that
`allowing the PIXL auction to continue for the full auction period
despite receipt of unrelated orders outside the Auction would allow
the auction to run its full course and, in so doing, will provide a
full opportunity for price improvement to the PIXL Order. Further,
the unrelated order would be available to participate in the PIXL
order allocation.' The Exchange does not believe that this provision
has had a significant impact on either the unrelated order or the
PIXL Auction process, either for simple or Complex PIXL Orders. The
Exchange therefore has requested that the Commission approve this
aspect of the Pilot on a permanent basis for both simple and Complex
PIXL Orders.''
    \9\ BX Options 3, Section 13(ii)(D) provides that unrelated
market or marketable interest (against the BX BBO) on the opposite
side of the market from the PRISM Order received during the Auction
will not cause the Auction to end early and will execute against
interest outside of the Auction.
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    Second, the Exchange also proposes to amend current GEMX Options 3,
Section 13(c)(5) which states,

    The exposure period will automatically terminate (i) at the end
of the time period designated by the Exchange pursuant to Options 3,
Section 13(c)(1) above, (ii) upon the receipt of a market or
marketable limit order on the Exchange in the same series, or (iii)
upon the receipt of a non-marketable limit order in the same series
on the same side of the market as the Agency Order that would cause
the price of the Crossing Transaction to be outside of the best bid
or offer on the Exchange.

    Specifically, the Exchange proposes to remove ``(ii),'' which
provides the exposure period will automatically terminate ``. . . (ii)
upon the receipt of a market or marketable limit order on the Exchange
in the same series. . .''. The Exchange notes that this sentence
applies to the receipt of marketable orders both on the same side and
opposite side of the Agency order. As described above, the Exchange
proposes to not permit unrelated marketable interest on the opposite
side of the market from the Agency Order, which is received during a
PIM, to early terminate a PIM. Therefore, with respect to the opposite
side of the Agency Order, the termination of the auction will no longer
be possible with the proposed change to GEMX Options 3, Section
13(d)(4). With respect to the same side of the Agency Order, today, an
unrelated market or marketable limit order in the same series on the
same side of the Agency Order would cause the PIM to early terminate as
well. At this time the Exchange proposes to not permit an unrelated
market or marketable limit order in the same series on the same side of
the Agency Order to cause the PIM to early terminate. This proposed
change will align the functionality of GEMX's PIM to that of MRX's
PIM,\10\ BX's PRISM and Phlx's PIXL,\11\ which do not permit an
unrelated market or marketable limit order in the same series on the
same side of the Agency Order to cause the PRISM or PIXL to early
terminate, unless the BBO improves beyond the price of the Crossing
Transaction on the same side. The Exchange notes that a market or
marketable limit order in the same series on the same side of the
Agency Order cannot interact with a PIM auction. The market or
marketable limit order may interact with the order book, and if there
are residual contracts that remain from the market or marketable limit
order in the same series on the same side of the Agency Order, they
could rest on the order book and improve the BBO beyond the price of
the Crossing Transaction which would cause early termination pursuant
to proposed Options 3, Section 13(c)(5)(ii) as discussed below. In this
instance, residual contracts are contracts that remain available for
execution after the unrelated order on the same side of market as the
Agency Order, which was marketable with bids and offers on the opposite
side of the market as the Agency Order, executed against bids and
offers on the Exchange's order book. The Exchange believes that this
outcome would allow for the PIM exposure period to continue for the
full period despite the receipt of unrelated marketable interest on the
same side of the market from the Agency Order, provided residual
interest does not go on to rest on the order book, improving the BBO
beyond the price of the Crossing Transaction. Allowing the PIM to run
its full course (unless the BBO improves beyond the price of the
Crossing Transaction on the same side), rather than early terminate,
would provide an opportunity for price improvement to the Agency Order.
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    \10\ See MRX Options 3, Section 13(d)(4).
    \11\ See BX Options 3, Section 13(ii)(D) and Phlx Options 3,
Section 13(b)(4).
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    Third, the Exchange proposes to amend current GEMX Options 3,
Section 13(c)(5)(iii) to align the rule text to a recent change adopted
on MRX.\12\ Additionally, BX Options 3, Section 13(ii)(B)(2) has
similar language.\13\

Specifically, the Exchange proposes to amend Options 3, Section
13(c)(5) to delete current ``iii'' and renumber as ``ii''. Proposed new
Options 3, Section 13(c)(5)(ii) would state, ``The exposure period will
automatically terminate . . . (ii) any time the Exchange best bid or
offer improves beyond the price of the Crossing Transaction on the same
side of the market as the Agency Order. . .'' The proposed rule is
designed to align to MRX's and BX's rule text to remove any ambiguity
that a market or marketable limit order priced more aggressively than
the Agency Order could ultimately rest on the order book, improving the
BBO beyond the price of the Crossing Transaction and, therefore, cause
the early termination of a PIM auction.
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    \12\ See note 3 above. MRX amended Options 3, Section
15(c)(5)(iii).
    \13\ BX Options 3, Section 13(ii)(B) provides ``Conclusion of
Auction. The PRISM Auction shall conclude at the earlier to occur of
(1) through (3) below, with the PRISM Order executing pursuant to
paragraph (C)(1) or (C)(2) below if it concludes pursuant to (2) or
(3) of this paragraph. (1) The end of the Auction period; (2) For a
PRISM Auction any time the BX BBO crosses the PRISM Order stop price
on the same side of the market as the PRISM Order; (3) Any time
there is a trading halt on the Exchange in the affected series.''
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    By way of example, assume: GEMX 1.00 x 2.00 (10) and a second GEMX
Market Maker's quote is 1.00 x 2.10 (10). If a PIM auction starts with
a buy at 1.50, and subsequently an order to buy for 20 @ 2.00 arrives,
the incoming order would trade with the quote, and the remaining 10
contracts would rest on the order book. Thereafter, the GEMX BBO would
update to 2.00 x 2.10 and trigger the early termination of the PIM
pursuant to Options 3, Section 13(c)(5)(iii), which is being renumbered
to Options 3, Section 13(c)(5)(ii). Early terminating the PIM in this
example is necessary because the price of the PIM is no longer at the
top of book (best price) and would not have execution priority with
respect to responses or unrelated interest that arrive. By early
terminating the PIM auction, GEMX allows responses to the PIM, which
arrived prior to the time the Exchange's best bid and offer improved
beyond the Crossing Transaction, to execute.
    The Exchange believes the proposed rule text will provide greater
clarity to the manner in which the System operates today with respect
to early termination of PIMs when the BBO on the same side improves
beyond the price of the Crossing Transaction. The proposed amendment to
the rule text is not intended to amend the current System
functionality, rather it is intended to make clear that a market or
marketable limit order could ultimately rest on the order book with
residual interest and improve the BBO on the same side as the Agency
Order beyond the price of the Crossing Transaction and cause the PIM to
early terminate.
    Fourth, the Exchange proposes to add a new GEMX Options 3, Section
13(c)(5)(iii) which states, ``. . . (iii) any time there is a trading
halt on the Exchange in the affected series. . .''. This proposed rule
text is not modifying how the System currently operates.\14\ Today, a
trading halt would cause a PIM to early terminate. Current GEMX Options
3, Section 13(d)(5) notes such an early termination as a result of the
aforementioned trading halt. Adding this circumstance to the list of
events that would terminate the exposure period would make the list
complete and add clarity to the rule. Furthermore, the Exchange notes
that in a separate rule change, SR-GEMX-2022-6P \15\ the Exchange is
proposing to amend Options 3, Section 13(d)(5) to change the System
behavior such that if a trading halt is initiated after an order is
entered into the PIM, such auction will be automatically terminated
with execution solely with the Counter-Side Order. Today, if a trading
halt is initiated after an order is entered into the PIM, such auction
will be automatically terminated without execution.\16\ This amendment
is identical to a change recently adopted for MRX.\17\
---------------------------------------------------------------------------

    \14\ GEMX Options 3, Section 13(d)(5) currently states that,
``If a trading halt is initiated after an order is entered into the
Price Improvement Mechanism, such auction will be automatically
terminated without execution.'' Of note, the Exchange is proposing
to amend GEMX's PIM within a separate rule change, SR-GEMX-2022-6P.
Among other things, the Exchange proposes to amend the PIM
functionality so that if a trading halt is initiated after an order
is entered into the PIM, the auction will be automatically
terminated with an execution. Specifically, SR-GEMX-2022-6P proposes
to renumber current GEMX Options 3, Section 13(d) to Options 3,
Section 13(d)(6) and proposes to state, ``If a trading halt is
initiated after an order is entered into the Price Improvement
Mechanism, such auction will be automatically terminated with
execution solely with the Counter-Side Order.''
    \15\ GEMX has separately filed to amend Options 3, Section
13(d)(5) within SR-GEMX-2022-6P. SR-GEMX-2022-6P amended, among
other things, the rule text in Options 3, Section 13, except that it
does not amend Options 3, Section 13(c)(5).
    \16\ See current GEMX Options 3, Section 13(d)(5).
    \17\ See note 3 above. MRX amended Options 3, Section
13(c)(5)(iii).
---------------------------------------------------------------------------

Re-Pricing
    In connection with the technology migration, the Exchange recently
adopted re-pricing functionality for certain quotes and orders that
lock or cross an away market's price.\18\ With the recent change within
SR-GEMX-2022-10, the System will re-price certain quotes and orders
that lock or cross an away market's price. Specifically, quotes and
orders which lock or cross an away market price will be automatically
re-priced to the current national best offer (for bids) or the current
national best bid (for offers) and displayed one minimum price variance
(``MPV'') above (for offers) or below (for bids) the national best
price. The re-priced quotes and orders will be displayed on OPRA at its
displayed price and placed on the Exchange's order book at its re-
priced, non-displayed price, which may be priced better than the NBBO.
The quotes and orders will remain on the Exchange's order book and will
be accessible at their non-displayed price. With this change, a non-
displayed limit order or quote may be available on the Exchange at a
price that is better than the NBBO. The following example illustrates
how the proposed re-pricing mechanism would work:
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act. No. 96363 (November 18, 2022),
87 FR 72556 (November 25, 2022) (SR-GEMX-2022-10). This rule change
is effective, but not yet operative. SR-GEMX-2022-10 would be
implemented as part of the same technology migration as the changes
proposed herein.

Symbol ABCD in a Non-Penny name
CBOE BBO at 1.00 x 1.20
DNR order to buy ABCD for 1.30 arrives
DNR buy order books at 1.20 (current national best offer) and displays
at 1.15 (one MPV below national best offer) *
CBOE BBO adjusts to 1.00 1.25
DNR buy order adjusts to book at 1.25 (current national best offer) and
displays at 1.20 (one MPV below national best offer) *
* OPRA will show the displayed price, not the booked price

    Recently amended Options 3, Section 5(c) provides that the System
automatically executes eligible orders using the Exchange's displayed
best bid and offer (i.e., BBO) or the Exchange's non-displayed order
book (``internal BBO'') if the best bid and/or offer on the Exchange
has been re-priced pursuant to Options 3, Section 5(d).\19\ The
definition of an ``internal BBO'' covers re-priced quotes and orders
that remain on the order book and are available at non-displayed prices
while resting on the order book.\20\
---------------------------------------------------------------------------

    \19\ A similar change was made for quotes within Options 3,
Section 4(b)(7). The Exchange added the following new rule text to
Options 3, Section 4(b)(7), ``The System automatically executes
eligible quotes using the Exchange's displayed best bid and offer
(``BBO'') or the Exchange's non-displayed order book (``internal
BBO'') if the best bid and/or offer on the Exchange has been
repriced pursuant to Options 3, Section 5(d) below and subsection
(6) above.''
    \20\ The Exchange amended the rule text within Options 3,
Section 4 and Options 3, Section 5, within SR-GEMX-2022-10, to
describe the manner in which a non-routable quotes and orders would
be re-priced, respectively. The Exchange added rule text within
Options 3, Section 4(b)(6) to state, ``A quote will not be executed
at a price that trades through another market or displayed at a
price that would lock or cross another market. If, at the time of
entry, a quote would cause a locked or crossed market violation or
would cause a trade-through violation, it will be re-priced to the
current national best offer (for bids) or the current national best
bid (for offers) and displayed at one minimum price variance above
(for offers) or below (for bids) the national best price, or
immediately cancelled, as configured by the Member.'' The Exchange
amended the rule text within Options 3, Section 5(d) to state, ``An
order that is designated by a Member as non-routable will be re-
priced in order to comply with applicable Trade-Through and Locked
and Crossed Markets restrictions. If, at the time of entry, an order
that the entering party has elected not to make eligible for routing
would cause a locked or crossed market violation or would cause a
trade-through violation, it will be re-priced to the current
national best offer (for bids) or the current national best bid (for
offers) and displayed at one minimum price variance above (for
offers) or below (for bids) the national best price.''

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

    In connection with the foregoing changes, the Exchange proposes to
add references to ``internal BBO'' within Options 3, Section 12(c)
which describes the Qualified Contingent Cross Orders, to conform with
the concept of re-pricing at an internal BBO as provided in Options 3,
Sections 4(b)(6) and 4(b)(7) and Options 3, Section 5(c) and (d) within
SR-GEMX-2022-10. This amendment is identical to a change recently
adopted for MRX.\21\
---------------------------------------------------------------------------

    \21\ See note 3 above. MRX amended Options 3, Section 12(c) and
(d).
---------------------------------------------------------------------------

    As noted above, the internal BBO could be better than the NBBO. The
Exchange believes that adding references to the internal BBO to Options
3, Section 12(c) would continue to require Members to be at or between
the best price, that is not at the same price as a Priority Customer
Order on the Exchange's limit order book, to execute a Qualified
Contingent Cross Order. The Exchange believes that the addition of
``internal BBO'' is consistent with the intent of these order types,
which is to require Members [sic] submit these orders at the best price
and not execute ahead of better-priced quotes or orders.
    Specifically, the Exchange proposes to amend Options 3, Section
12(c), which describes the conditions under which a Qualified
Contingent Cross Order may be entered into the System for execution, to
state that a Qualified Contingent Cross Order may be executed upon
entry provided the execution is at or between the better of the
internal BBO or the NBBO.\22\ This amendment is identical to a change
recently adopted for MRX.\23\
---------------------------------------------------------------------------

    \22\ The Qualified Contingent Cross Order must also not be at
the same price as a Priority Customer Order on the Exchange's limit
order book. See Options 3, Section 12(c).
    \23\ See note 3 above. MRX amended Options 3, Section 12(c).
---------------------------------------------------------------------------

Implementation
    The Exchange intends to begin implementation of the proposed rule
change prior to September 1, 2023. The implementation would commence
with a limited symbol migration and continue to migrate symbols over
several weeks. The Exchange will issue an Options Trader Alert to
Members to provide notification of the symbols that will migrate and
the relevant dates.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\24\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\25\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest for the reasons discussed below.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Changes to the Price Improvement Mechanism for Crossing Transactions
    The Exchange's proposal to amend GEMX Options 3, Section 13(d)(4),
related to PIM, to not permit unrelated marketable interest, on the
opposite side of the market from the Agency Order, which is received
during a PIM to early terminate a PIM is consistent with the Act and
promotes just and equitable principles because allowing the auction to
run its full course would provide a full opportunity for price
improvement to the Crossing Transaction. The unrelated interest would
participate in the PIM allocation pursuant to GEMX Options 3, Section
13(d), if residual contracts remain after executing with interest on
the order book. This amendment is identical to a change recently
adopted for MRX.\26\ Additionally, Phlx \27\ and BX \28\ do not permit
unrelated interest on the same or opposite side of an Agency Order to
early terminate their price improvement auctions.
---------------------------------------------------------------------------

    \26\ See note 3 above. MRX amended Options 3, Section 13(d)(4).
    \27\ See note 17 above.
    \28\ See note 18 above.
---------------------------------------------------------------------------

    The proposed amendment in GEMX Options 3, Section 13(c)(5)(ii),
related to PIM, applies to the receipt of marketable orders both on the
same side and opposite side of the Agency order. With respect to the
same side of the Agency Order, today, an unrelated market or marketable
limit order in the same series on the same side of the Agency Order
would cause the PIM to early terminate as well. The proposal promotes
just and equitable principles of trade because a market or marketable
limit order in the same series on the same side of the Agency Order
cannot interact with a PIM auction. The market or marketable limit
order may interact with the order book, and if there are residual
contracts that remain from the market or marketable order in the same
series on the same side of the Agency Order, they will rest on the
order book and could improve the BBO beyond the price of the Crossing
Transaction which will cause early termination of the PIM pursuant to
proposed GEMX Options 3, Section 13(c)(5)(ii). The Exchange believes
that this outcome would allow for the PIM exposure period to continue
for the full period despite the receipt of unrelated marketable
interest on the same side of the market from the Agency Order, provided
residual interest does not go on to rest on the order book improving
the BBO beyond the price of the Crossing Transaction of the PIM.
Allowing the PIM to run its full course protects investors and the
general public because it would provide an opportunity for price
improvement to the Agency Order. This amendment is identical to a
change recently adopted for MRX.\29\
---------------------------------------------------------------------------

    \29\ See note 3 above. MRX amended Options 3, Section
13(c)(5)(ii).
---------------------------------------------------------------------------

    Amending current GEMX Options 3, Section 13(c)(5)(iii) to align the
rule text with MRX \30\ and also more closely with BX Options 3,
Section 13(ii)(B)(2) \31\ is consistent with the Act because it removes
any ambiguity that a market or marketable limit order priced more
aggressively than the Agency Order on the same side could ultimately
rest on the order book, improving the BBO beyond the price of the
Crossing Transaction of the PIM and, therefore, cause the early
termination of a PIM. Continuing to permit a PIM to early terminate any
time the Exchange best bid or offer improves beyond the price of the
Crossing Transaction on the same side of the market as the Agency Order
protects investors and the general public because the Crossing
Transaction Agency Order's price is inferior to the Exchange's best bid
or offer on the same side of the market as the Agency Order. Upon early
termination of the PIM, the Crossing Transaction would execute against
responses that arrived prior to the time the Exchange's best bid or
offer improved beyond the Crossing Transaction. The proposed amendment
to the rule text is not intended to amend the current System
functionality, rather it is intended to make clear that a market or
marketable limit order could ultimately rest on the order book and

improve the BBO beyond the price of the Crossing Transaction.
---------------------------------------------------------------------------

    \30\ See MRX Options 3, Section 13(c)(5)(iii).
    \31\ See note 13 above.
---------------------------------------------------------------------------

    Adding proposed new GEMX Options 3, Section 13(c)(5)(iii), which
describes the automatic termination of the exposure period resulting
from a trading halt on the Exchange in the affected series, is
consistent with the Act because a trading halt would cause an option
series to stop trading on GEMX and thereby impact the PIM auction.
Today, if a trading halt is initiated after an order is entered into
the PIM, such auction will be automatically terminated without
execution. Of note, the Exchange is separately proposing to amend GEMX
Options 3, Section 13(d)(5) \32\ to change System behavior such that if
a trading halt is initiated after an order is entered into the PIM,
such auction will be automatically terminated with execution solely
with the Counter-Side Order.\33\ The proposed amendment to GEMX Options
3, Section 13(c)(5)(iii) protects investors and the general public by
making clear that a trading halt would lead to early termination of a
PIM. This amendment is not intended to amend the current System
functionality, rather it is intended to make clear that a trading halt
will cause the PIM to early terminate. This amendment is identical to a
change recently adopted for MRX.\34\
---------------------------------------------------------------------------

    \32\ See note 14 above.
    \33\ SR-GEMX-2022-6P proposes to renumber GEMX Options 3,
Section 13(d)(5) as Options 3, Section 13(d)(6), and proposes to
amend the rule text to state, ``If a trading halt is initiated after
an order is entered into the Price Improvement Mechanism, such
auction will be automatically terminated with execution solely with
the Counter-Side Order.''
    \34\ See note 3 above. MRX amended Options 3, Section
13(c)(5)(iii).
---------------------------------------------------------------------------

Re-Pricing
    The Exchange believes that amending Options 3, Section 12(c) to
account for re-pricing of quotes and orders that would otherwise lock
or cross an away market, as provided in GEMX Options 3, Section 4(b)(6)
and (7) and Options 3, Section 5(c) and (d), is consistent with the
Act.
    As discussed above with the implementation of re-pricing as
provided in Options 3, Section 4(b)(6) and (7) and Options 3, Section
5(c) and (d), interest could be available on the Exchange at a price
that is better than the NBBO but is non-displayed (i.e., the Exchange's
non-displayed order book or internal BBO). The proposed addition of
``internal BBO'' to Options 3, Section 12(c) will ensure that Members
continue to submit Qualified Contingent Cross Orders at prices equal to
or better than the best prices available in the market and ensure that
these orders are not executed ahead of better-priced interest. By
including ``internal BBO'' the Exchange ensures that such Qualified
Contingent Cross Orders will continue to be executed at the best price
and would not be executed ahead of better-priced interest. This
amendment is identical to a change recently adopted for MRX.\35\
---------------------------------------------------------------------------

    \35\ See note 3 above. MRX amended Options 3, Section 12(c) and
(d).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. MRX recently made identical
changes to the amendments proposed herein.\36\
---------------------------------------------------------------------------

    \36\ See note 3.
---------------------------------------------------------------------------

Changes to the Price Improvement Mechanism for Crossing Transactions
    The Exchange's proposal to amend GEMX Options 3, Section 13(d)(4),
GEMX Options 3, Section 13(c)(5)(ii) and (iii), and add a proposed new
GEMX Options 3, Section 13(c)(5)(iii), related to PIM, does not impose
an undue burden on intra-market competition because the proposed
amendments will apply equally to all Members. All Members may utilize
PIM.
    The Exchange's proposal to amend GEMX Options 3, Section 13(d)(4),
GEMX Options 3, Section 13(c)(5)(ii) and (iii), and add a proposed new
GEMX Options 3, Section 13(c)(5)(iii), related to PIM, does not impose
an undue burden on inter-market competition because other options
exchanges may adopt similar rules. In addition to mirroring to MRX
Options 3, Section 13, Phlx \37\ and BX \38\ do not permit unrelated
marketable interest on either the same or opposite side of the market
from an Agency Order to early terminate their price improvement
auctions.
---------------------------------------------------------------------------

    \37\ See note 8 above.
    \38\ See note 9 above.
---------------------------------------------------------------------------

Re-Pricing
    Adding language consistent with re-pricing within Options 3,
Section 12(c) does not impose an undue burden on competition, rather it
will ensure that the rules conform to the concept of re-pricing at an
internal BBO within Options 3, Section 4(b)(6) and (7) and Options 5(c)
and (d) which recently became effective.\39\ With this recent change,
re-priced quotes and orders are accessible on the Exchange's order book
at the non-displayed price. Amending Options 3, Section 12(c) to
utilize the ``internal BBO'' language would continue to require Members
to submit Qualified Contingent Cross Orders at the best price to
receive an execution. The introduction of ``internal BBO'' will ensure
that Qualified Contingent Cross Orders do not execute if better-priced
interest is available.
---------------------------------------------------------------------------

    \39\ See Securities Exchange Act. No. 96363 (November 18, 2022),
87 FR 72556 (November 25, 2022) (SR-GEMX-2022-10).
---------------------------------------------------------------------------

    The re-pricing proposal within Options 3, Section 12(c) does not
impose an undue burden on inter-market competition because this rule
continues to support executions at the best price.

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

    No written comments were either solicited or received.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \40\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\41\
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \41\ 17 CFR 240.19b-4(f)(6). 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-GEMX-2022-13 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-GEMX-2022-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-GEMX-2022-13, and should be submitted on
or before January 12, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
---------------------------------------------------------------------------

    \42\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27786 Filed 12-21-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77407-77408]
[FR Doc No: 2015-31341]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA 2015-0268]

Agency Information Collection Activities; Revision of a
Currently-Approved Information Collection: Motor Carrier Identification
Report

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval and invites public comment. The FMCSA requests approval to
revise an ICR titled, ``Motor Carrier Identification Report,'' which is
used to identify FMCSA regulated entities, help prioritize the agency's
activities, aid in assessing the safety outcomes of those activities,
and for statistical purposes. This ICR is being revised due to a Final
Rule titled, ``Unified Registration System (80 FR 63695) dated October
21, 2015, which changed the effective and compliance dates for the on-
line Unified Registration System (URS) from October 23, 2015, in the
URS Final Rule, (78 FR 52608) dated August 23, 2013, to September 30,
2016.

DATES: Please send your comments to this notice by January 13, 2016.
OMB must receive your comments by this date to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2015-0268. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
<EMAIL_ADDRESS>faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of
Registration and Safety Information, Department of Transportation,
Federal Motor Carrier Safety Administration, West Building 6th Floor,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Telephone: 202-
385-2367; email<EMAIL_ADDRESS>Office hours are from 9:00 a.m.
to 5:00 p.m., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Motor Carrier Identification Report.
    OMB Control Number: 2126-0013.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: Motor carriers and commercial motor vehicle drivers.
    Estimated Number of Respondents: 489,925.
    Estimated Time per Response: To complete Form MCS-150--20 minutes
and 7.5 minutes for the biennial update. To complete Form MCS-150B (HM
Permit Application), interstate carriers that have already completed
the Form MCS-150 will need 6 minutes and intrastate carriers that have
never completed a Form MCS-150 will need about 16 minutes and 5 minutes
for the biennial update. Form MCS-150C--Intermodal Equipment Providers
will need 20 minutes the first time they file this report and 7.5
minutes for the biennial update.
    Expiration Date: December 31, 2015.
    Frequency of Response: On occasion and biennially.

    Estimated Total Annual Burden: 31,271 hours [31,123 hours for Form
MCS-150 + 146 hours for Form MCA-150B + 2 hours for Form MCS-150C =
31,271].
    Background: Title 49, United States Code Section 504(b)(2) provides
the Secretary of Transportation (Secretary) with authority to require
carriers, lessors, associations, or classes of these entities to file
annual, periodic, and special reports containing answers to questions
asked by the Secretary. The Secretary may also prescribe the form of
records required to be prepared or compiled and the time period during
which records must be preserved (See Sec.  504(b)(1) and (d)). The
FMCSA will use this data to administer its safety programs by
establishing a database of entities that are subject to its
regulations. This database necessitates that these entities notify the
FMCSA of their existence. For example, under 49 CFR 390.19(a), FMCSA
requires all motor carriers beginning operations to file a Form MCS-150
entitled, Motor Carrier Identification Report.'' This report is filed
by all motor carriers conducting operations in interstate or
international commerce before beginning operations. It asks the
respondent to provide the name of the business entity that owns and
controls the motor carrier operation, address and telephone of
principal place of business, assigned identification number(s), type of
operation, types of cargo usually transported, number of vehicles
owned, term leased and trip leased, driver information, and
certification statement signed by an individual authorized to sign
documents on behalf of the business entity.
    The Department of Transportation and Related Agencies
Appropriations Act for fiscal year 2002, Public Law 107-87, 115 Stat.
833, dated December 18, 2001, directed the agency to issue an interim
final rule (IFR) to ensure that new entrant motor carriers are
knowledgeable about the Federal Motor Carrier Safety Regulations
(FMCSRs) and standards. On May 13, 2002, the agency published an IFR
titled, ``New Entrant Safety Assurance Process'' (67 FR 31978).
    On August, 23, 2013, the agency published a Final Rule titled,
``Unified Registration System,'' (URS) which requires interstate motor
carriers, freight forwarders, brokers, intermodal equipment providers,
hazardous materials safety permit applicants, and cargo tank facilities
to file for registration via a new online Form MCSA-1. The Form MCSA-1
will replace the existing Forms MCS-150B and MCS-150C in this ICR.
However, the Form MCS-150 will be retained for the small number of
Mexico-domiciled carriers that seek authority to operate beyond the
United States municipalities on the United States-Mexico border and
their commercial zones because they are not included within the scope
of the URS Final Rule.
    On October 21, 2015, the agency issued a Final Rule titled,
``Unified Registration System,'' (80 FR 63695) which changed the
effective and compliance dates of the 2013 URS Final Rule in order to
allow FMCSA additional time to complete the information technology (IT)
systems work required to fully implement that rule. This change will
require the continued use of the Forms MCS-150, MCS-150B and MCS-150C
in this ICR until September 30, 2016, because these forms are still
needed to support registration processes for entities subject to
FMCSA's regulations. After this date, all forms except the MCS-150 in
this ICR will be folded into the Form MCSA-1 in the OMB Control Number
2126-0051 titled, ``FMCSA Registration/Updates,'' ICR. The Form MCS-150
will be retained for the small number of Mexico-domiciled carriers that
seek authority to operate beyond the United States municipalities on
the U.S.-Mexico border because they are not included in the scope of
the URS. This revised ICR captures the burden due to the use of the
Form MCS-150B and Form MCS-150C until September 30, 2016, and the use
of the Form MCS-150 by the Mexico-domiciled carriers after the
implementation of the URS Final Rule.
    On August 21, 2015, FMCSA published a Federal Register notice
allowing for a 60-day comment period on this ICR. The agency received
one comment in response to this notice. The anonymous commenter only
stated ``Good.'' The FMCSA in response agrees with the anonymous
commenter.

    Public Comments Invited: FMCSA requests that you comment on any
aspect of this information collection, including: (1) Whether the
proposed collection is necessary for FMCSA to perform its functions,
(2) the accuracy of the estimated burden, (3) ways for the FMCSA to
enhance the quality, usefulness, and clarity of the collected
information, and (4) ways that the burden could be minimized without
reducing the quality of the collected information. The agency will
summarize or include your comments in the request for OMB's clearance
of this information collection.

    Issued under the authority delegated in 49 CFR 1.87 on: December
4, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2015-31341 Filed 12-11-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Proposed Rules]
[Pages 14180-14183]
[FR Doc No: 2020-04973]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0238; Product Identifier 2018-SW-072-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus Helicopters Model EC130B4 and EC130T2 helicopters. This
proposed AD was prompted by a report that a changed manufacturing
process for the tail rotor blades (TRB) was implemented, affecting the
structural characteristics of the blades and generating a new part
number for these blades. This proposed AD would require re-identifying
each affected TRB having a certain part number and serial number and
establishing a life limit for the new part numbers. This AD also
prohibits installation of any affected TRB identified with the old part
number on

any helicopter. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 27,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; telephone
972-641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may
view this service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0238; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the Mandatory Continuing Airworthiness Information (MCAI),
any comments received, and other information. The street address for
Docket Operations is listed above. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0238;
Product Identifier 2018-SW-072-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.

Discussion

    The European Union Aviation Safety Agency (previously European
Aviation Safety Agency) (EASA), which is the Technical Agent for the
Member States of the European Union, has issued EASA AD 2018-0182,
dated August 28, 2018 (referred to after this as ``the MCAI''), to
correct an unsafe condition for all Airbus Helicopters EC130B4 and
EC130T2 helicopters. EASA advises that a changed manufacturing process
for TRBs was implemented, affecting the structural characteristic of
the TRBs and generating a new part number for these blades. Because
this is a newly established part number, no service life limit
currently exists for this part. This EASA AD identifies a service life
limit for the newly established TRB part numbers, which, if not
required, might result in TRBs exceeding their life limit. This
condition, if not corrected, could lead to loss of the TRB and
subsequent loss of control of the helicopter. The EASA AD also
prohibits installation of any affected TRB identified with the old part
number on any helicopter, and prohibits rework, repair, or modification
of any affected part.
    You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0238.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters has issued Alert Service Bulletin EC130-04A007,
dated July 18, 2018 (``ASB EC130-04A007''). This service information
describes procedures for re-identifying a TRB with P/N 350A333002.02
for certain serial numbers, as specified in ASB EC130-04A007.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require re-identifying each affected TRB
with a new part number, establishing a life limit for the new TRB part
number, and would prohibit installation of any affected TRB identified
with the old part number on any helicopter.

Difference Between This Proposed AD and the MCAI or Service Information

    EASA AD 2018-0182 specifies to replace TRBs having P/N
350A333002.05. However, this part number is not installed on in-service
helicopters and is not addressed in Airbus Helicopters ASB EC130-
04A007. Therefore, this AD does not require replacing TRBs having P/N
350A333002.05.

Costs of Compliance

    The FAA estimates that this proposed AD affects 253 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................           ** $0              $85        * $21,505
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable us to provide cost estimates for the additional
  applicable maintenance instructions specified in this proposed AD.
** The FAA has received no definitive data on the parts costs for required actions.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus Helicopters: Docket No. FAA-2020-0238; Product Identifier
2018-SW-072-AD.

(a) Comments Due Date

    The FAA must receive comments by April 27, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model EC130B4 and
EC130T2 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code 6410, Tail rotor
blade.

(e) Reason

    This AD was prompted by a report that a new manufacturing
process for the tail rotor blades (TRBs) has been implemented,
affecting the structural characteristics of the TRB and generating a
new part number (P/N) for these blades. It was determined that a new
life limit is needed for the new P/N TRBs. The FAA is issuing this
AD to ensure the new P/N TRBs do not exceed their life limit, which
could lead to loss of the TRB and subsequent loss of control of the
helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Definition of an Affected Part for the Re-Identification and
Validation of Rework/Repair/Modification

    An ``affected part'' is a TRB having P/N 350A333002.02 and a
serial number specified in Appendix 4.A. of Airbus Helicopters Alert
Service Bulletin EC130-04A007, dated July 18, 2018 (``ASB EC130-
04A007'').

(h) Part Replacement (Life Limit Implementation)

    Before exceeding 10,000 hours time-in-service (TIS) since first
installation on a helicopter: Remove from service each TRB having P/
N 350A333002.04.

(i) Part Re-Identification and Validation of Rework/Repair/Modification

    (1) Within 1,200 hours TIS after the effective date of this AD:
Re-identify each affected part, in accordance with 3.B. of the
Accomplishment Instructions of Airbus Helicopters ASB EC130-04A007.
    (2) For each affected part which has been subject to rework,
repair, or modification before the re-identification, as required by
paragraph (i)(1) of this AD, within 6 months after the effective
date of this AD, contact the Manager, Safety Management Section,
Rotorcraft Standards Branch, FAA, for additional applicable
maintenance instructions and, within the compliance time identified
in those instructions, accomplish those instructions accordingly.

(j) Parts Installation Prohibition and Rework/Repair/Modification
Limitation

    (1) As of the effective date of this AD, no person may install a
TRB having P/N 350A333002.02 and a serial number specified in
Appendix 4.A. of ASB EC130-04A007 on any helicopter.
    (2) As of the effective date of this AD, no person may
accomplish any rework, repair, or modification of an affected part,
unless it has been determined that the rework, repair, or
modification is FAA-approved for P/N 350A333002.04.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Kristi Bradley, Aviation Safety Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, notify your
principal inspector or lacking a principal inspector, the manager of
the local flight standards district office or certificate holding
district office, before operating any aircraft complying with this
AD through an AMOC.

(l) Related Information

    (1) The subject of this AD is addressed in European Union
Aviation Safety Agency (previously European Aviation Safety Agency)
(EASA) AD 2018-0182, dated August 28, 2018. This EASA AD may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0238.

    (2) For service information identified in this AD, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html.
You may view this service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued on March 4, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-04973 Filed 3-10-20; 8:45 am]
BILLING CODE 4910-13-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Friday, August 6, 2021 12:16 PM
To:
David Ailor<EMAIL_ADDRESS><EMAIL_ADDRESS>Katie Batten<EMAIL_ADDRESS>Subject:
coke model file posted

https://www.epa.gov/stationary-sources-air-pollution/coke-ovens-pushing-quenching-and-battery-stacks-national-emission

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Proposed Rules]
[Pages 63899-63900]
[FR Doc No: 2011-26594]

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

Federal Railroad Administration

49 CFR Part 236

[Docket No. FRA-2011-0028, Notice No. 2]
RIN 2130-AC27

Positive Train Control Systems

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of public hearing and extension of comment period.

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

SUMMARY: On August 24, 2011, FRA published a notice of proposed
rulemaking that would remove regulatory provisions requiring railroads
to either conduct further analyses or meet certain risk-based criteria
in order to avoid positive train control (PTC) system implementation on
track segments that do not transport poison- or toxic-by-inhalation
(PIH) hazardous materials traffic and are not used for intercity or
commuter rail passenger transportation as of December 31, 2015. FRA is
announcing a public hearing to provide interested persons an
opportunity to provide comments on the proposal and to discuss further
development of the regulation. The Rail

Safety Improvement Act of 2008 requires the implementation of PTC
systems. FRA is also extending the comment period for this proceeding
to allow time for interested parties to submit comments after the
public hearing.

DATES: A public hearing will be held on November 10, 2011, in
Washington, DC and will commence at 9 a.m. The comment period in this
proceeding is extended to November 25, 2011.

ADDRESSES: Public Hearing. The public hearing will be held at the
Washington Plaza Hotel, 10 Thomas Circle, NW., Washington, DC 20005.
    Attendance: Any persons wishing to make a statement at the hearing
should notify Michelle Silva in FRA's Office of Chief Counsel by
telephone, e-mail, or in writing, at least five business days before
the date of the hearing. Ms. Silva's contact information is as follows:
FRA, Office of Chief Counsel, Mail Stop 10, 1200 New Jersey Avenue,
SE., Washington, DC 20590; telephone:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>For information on facilities or services for
persons with disabilities or to request special assistance at the
meeting, please contact by telephone or e-mail as soon as possible,
Larry Woolverton at<PHONE_NUMBER> or<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Thomas McFarlin, Office of Safety
Assurance and Compliance, Staff Director, Signal & Train Control
Division, Federal Railroad Administration, Mail Stop 25, West Building
3rd Floor West, Room W35-332, 1200 New Jersey Avenue, SE., Washington,
DC 20590 (telephone:<PHONE_NUMBER>); or Jason Schlosberg, Trial
Attorney, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building
3rd Floor, Room W31-207, 1200 New Jersey Avenue, SE., Washington, DC
20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: The purpose of the hearing is to receive
oral comments in response to a notice of proposed rulemaking (NPRM)
proposing amendment of the regulations requiring certain railroads to
implement PTC systems. See 76 FR 52918 (Aug. 24, 2011). Interested
parties are invited to present oral statements and to proffer
information and views at the hearing. The hearing will be informal and
will be conducted by a representative designated by FRA in accordance
with FRA's Rules of Practice (49 CFR 211.25). The hearing will be a
non-adversarial proceeding; therefore, there will be no cross
examination of persons presenting statements or proffering evidence. An
FRA representative will make an opening statement outlining the scope
of the hearing. After all initial statements have been completed; those
persons wishing to make a brief rebuttal will be given the opportunity
to do so in the same order in which the initial statements were made.
Additional procedures, as necessary for the conduct of the hearing,
will be announced at the hearing. A transcript of the discussions will
be made part of the public docket in this proceeding.
    Public Participation Procedures. Any person wishing to participate
in the public hearing should notify FRA by mail or at the address or
fax number provided in the Attendance section of this notice at least
five working days prior to the date of the hearing and submit three
copies of the oral statement that he or she intends to make at the
proceeding. The notification should identify the party the person
represents, the particular subject(s) the person plans to address, and
the time requested. The notification should also provide the Docket
Clerk with the participant's mailing address and other contact
information. FRA reserves the right to limit participation in the
hearing of persons who fail to provide such notification. FRA reserves
the right to limit the duration of presentations if necessary to afford
all persons with the opportunity to speak.
    Extension of Comment Period. A public hearing has been scheduled
after the close of the comment period specifically provided for in the
notice of proposed rulemaking. To accommodate the public hearing and to
afford interested parties the opportunity to submit comments in
response to views or information provided at the public hearing, FRA is
extending the comment period in this proceeding to November 25, 2011.

    Issued in Washington, DC, on October 11, 2011.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer,
Federal Railroad Administration.
[FR Doc. 2011-26594 Filed 10-13-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6802-6804]
[FR Doc No: 2023-02019]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Compatibility Program for San Diego International Airport,
San Diego County, California

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of approval of noise compatibility program.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its

findings on the noise compatibility program submitted by the San Diego
County Regional Airport Authority. These findings are made in
recognition of the description of Federal and nonfederal
responsibilities. On September 1, 2022, the FAA determined that the
noise exposure maps submitted by the San Diego County Regional Airport
Authority were in compliance with applicable requirements. On January
11, 2023, the FAA approved the San Diego International Airport noise
compatibility program. Most of the recommendations of the program were
approved.

DATES: The effective date of the FAA's approval of the San Diego
International Airport noise compatibility program is January 11, 2023.

FOR FURTHER INFORMATION CONTACT: David B. Kessler, AICP, Regional
Environmental Protection Specialist, 777 South Aviation Boulevard, El
Segundo, California 90045, Telephone:<PHONE_NUMBER>. Documents
reflecting this FAA action may be reviewed at this same location.

SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the
noise compatibility program (NCP) for San Diego International Airport,
effective on January 11, 2023. Per United States Code section 47504 (49
U.S.C. 47504) and Title 14, Code of the Federal Regulations (CFR) part
150, an airport sponsor who previously submitted a noise exposure map
(NEM) may submit to the FAA, a noise compatibility program which sets
forth the measures taken or proposed by the airport sponsor for the
reduction of existing non-compatible land uses and prevention of
additional non-compatible land uses within the area covered by the
NEMs. As required by 49 U.S.C. 47504, such programs must be developed
in consultation with interested and affected parties including local
communities, government agencies, airport users, and the FAA. The FAA
does not substitute its judgment for that of the airport sponsor with
respect to which measures should be recommended for action. The FAA
approval or disapproval of an airports recommendations in their noise
compatibility program are made in accordance with the requirements and
standards pursuant to 49 U.S.C. 47504 and 14 CFR part 150, which is
limited to the following determinations:
    a. The noise compatibility program was developed in accordance with
the provisions and procedures of 14 CFR 150.23;
    b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and
    d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in 14 CFR 150.5. Approval is
not a determination concerning the acceptability of land uses under
Federal, state, or local law. Approval does not by itself constitute an
FAA implementing action. A request for Federal action or approval to
implement specific noise compatibility measures may be required, and an
FAA decision on the request may require an environmental assessment of
the proposed action. Approval does not constitute a commitment by the
FAA to financially assist in the implementation of the program nor a
determination that all measures covered by the NCP are eligible for
grant-in-aid funding from the FAA. Where federal funding is sought,
requests must be submitted to the FAA Los Angeles Airports District
Office in El Segundo, California.
    On May 6, 2022, the San Diego County Regional Airport Authority
submitted the noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from October 22, 2018 through May 6, 2022 to the FAA. The FAA
determined the NEMs for San Diego International Airport complied with
14 CFR part 150, effective on September 1, 2022. This determination was
published in the Federal Register on September 8, 2022, (87 FR 55074).
    The San Diego International Airport study contains a proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions from
May 6, 2022 to the year 2026. It was requested that the FAA evaluate
and approve this material as a noise compatibility program as described
in 49 U.S.C 47504. The FAA began its review of the program on September
1, 2022, and was required by a provision of 49 U.S.C 47504 to approve
or disapprove the program within 180 days (other than the use of new or
modified flight procedures for noise control). Failure to approve or
disapprove such program within the 180-day period shall be deemed to be
an approval of such program.
    The submitted program contained 17 proposed actions for noise
mitigation, noise abatement, land use planning, and program management.
The FAA completed its review and determined that the procedural and
substantive requirements of the 49 U.S.C. 47504 and part 150 have been
satisfied. The overall program, therefore, was approved by the FAA
effective January 11, 2023.
    Outright approval was granted for 16 of the 17 specific program
elements. The proposed Facility Management measure to utilize Ground
Based Augmentation System (GBAS) was disapproved because the NCP did
not demonstrate the measure is reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses.
The following measures were approved: Noise Abatement Measure:
Voluntary Noise Abatement Departure Profile. Remedial Land Use
Measures: Sound Attenuation of Eligible Non-Residential Noise Sensitive
Buildings; Sound Attenuation of Eligible Residential Units.
    Land Use Planning Measures: Prevent New Non-Compatible Land Use
Development; San Diego County Airport Land Use Commission; Support
Compatible Planning Process.
    Program Management Measures: Continue Aircraft Noise Office and
Program Manager; continue use of the Airport Noise and Operations
Monitoring System; Portable Noise Monitoring; continue the Fly Quiet
Program; continue the Airport Noise Advisory Committee; continue to
Communicate Noise Issues with Airlines; continue to Administer Airport
Use Regulations; continue to author and submit California Quarterly
Noise Reports; Update Noise Exposure Maps; and Update the Noise
Compatibility Program.
    These determinations are set forth in detail in a Record of
Approval signed by the Western-Pacific Regional Airports Division
Director on January 11, 2023. The Record of Approval, as well as other
evaluation materials and the documents comprising the submittal, are
available for review at the FAA

office listed above and at the administrative offices of the San Diego
County Regional Airport Authority. The Record of Approval also will be
available on-line at http://www.faa.gov/airports/environmental/airport_noise/part_150/states/ and at San Diego County Regional Airport
Authority's website, https://www.san.org/Aircraft-Noise/FAR-Part-150.

    Issued in El Segundo, California, on January 26, 2023.
Mark A. McClardy,
Director, Airports, Division, Western-Pacific Region, AWP-600.
[FR Doc. 2023-02019 Filed 1-31-23; 8:45 am]
BILLING CODE 4910-13-P