[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9293-9294]
[FR Doc No: 2012-3608]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66376; File No. SR-NYSEAmex-2012-05]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending an
Existing Rebate Relating to Qualified Contingent Cross Orders That Are
Entered and Executed Through the Exchange Systems

February 10, 2012.
    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 January 30, 2012, NYSE Amex LLC (the ``Exchange'' or ``NYSE Amex'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 an existing rebate relating to
Qualified Contingent Cross (``QCC'') orders that are entered and
executed through the Exchange systems. The text of the proposed rule
change is available at the Exchange, the Commission's Public Reference
Room, and www.nyse.com.

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

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

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

1. Purpose
    The purpose of the proposal is to increase a rebate for Floor
Brokers who enter QCC orders that subsequently execute.\3\ The Exchange
intends to increase the existing rebate of $.03 per executed contract
to $.07 per executed contract.\4\
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    \3\ See Securities Exchange Act Release No. 65472 (October 3,
2011), 76 FR 62887 (October 11, 2011) (SR-NYSEAmex-2011-72). See
also Securities Exchange Act Release No. 65047 (August 5, 2011), 76
FR 49812 (August 11, 2011) (SR-NYSEAmex-2011-56). The QCC permits an
NYSE Amex ATP Holder to effect a qualified contingent trade
(``QCT'') in a Regulation NMS stock and cross the options leg of the
trade on the Exchange immediately upon entry and without order
exposure if the order is for at least 1,000 contracts, is part of a
QCT, is executed at a price at least equal to the national best bid
or offer, as long as there are no Customer orders in the Exchange's
Consolidated Book at the same price.
    \4\ The exclusion of Customer-to-Customer QCC trades from the
Floor Broker rebate will remain. See Securities Act Release No.
65943 (December 13, 2011), 76 FR 78704 (December 19, 2011) (SR-
NYSEAmex-2011-95).
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    The rebate is credited to the executing Floor Broker. The Exchange
notes that the terms of a QCC order are negotiated and agreed to prior
to being brought to an exchange for possible execution. In bringing a
QCC order to the Exchange for execution, permit holders have two
primary means of doing so. They can configure their systems to deliver
the QCC order to the Exchange matching engines for validation and
execution. Alternatively they can utilize the services of another ATP
Holder acting as a Floor Broker. In turn, the Floor Broker who is in
receipt of such an order can enter the order through an Exchange-
provided system \5\ to be delivered to the Exchange matching engine for
validation and potential execution. The Exchange does not offer a
front-end for order entry, unlike some of the competing exchanges.\6\
The Exchange expects that the increased rebate offered to executing
Floor Brokers will allow them to price their services at a level that
will enable them to attract QCC order flow from participants who would
otherwise utilize an existing front-end order entry mechanism offered
by the Exchange's competitors or floor brokers on other exchanges,
instead of incurring the cost in time and money to develop their own
internal systems to be able to deliver QCC orders directly to the
Exchange systems. To the extent that Floor Brokers are able to attract
these QCC orders, they will gain important information that will allow
them to solicit the parties to the QCC orders for participation in
other trades, which will in turn benefit all other Exchange
participants through the additional liquidity and price discovery that
may occur as a result. The proposed change is also a competitive
response to recent pricing changes at competing exchanges.\7\ The
proposed change will be operative on February 1, 2012.
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    \5\ Floor Brokers are required by NYSE Amex Rule 955NY to have
systematized orders prior to representing them in open outcry. Using
the same Electronic Order Capture System, Floor Brokers will be able
to enter QCC orders for validation by the Exchange matching engines
and potential execution.
    \6\ The International Securities Exchange (``ISE'') offers
PRECISE TRADE as a means for users to enter orders and Chicago Board
Options Exchange has a similar front-end order entry system called
PULSE. Such systems do not require users to develop their own
internal front-end order entry systems and may provide savings to
users in terms of development time and costs.
    \7\ See Securities Act Release No. 66169 (January 17, 2011) (SR-
ISE-2012-01) (notice of filing and immediate effectiveness of a
proposed rule change, including an increase in ISE rebate of up to
$.10 per contract for qualifying executed QCC orders), and NASDAQ
OMX PHLX fee schedule dated January 18, 2012, page 5 (describing a
rebate of up to $.10 per contract for qualifying executed QCC
Orders), available at http://www.nasdaqtrader.com/content/marketregulation/membership/phlx/feesched.pdf.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) \8\ of the Securities Exchange Act
of 1934 (the ``Act''), in general, and Section 6(b)(4) \9\ of the Act,
in particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the proposed increase from $.03 per contract
to $.07 per contract rebate for Floor Brokers who enter QCC orders that
execute is reasonable because it will allow Floor Brokers the
opportunity to compete for QCC orders that would otherwise be

entered into front-end order entry systems of competing exchanges or
sent to floor brokers on exchanges that offer higher rebates.\10\ The
proposed rebate is comparable to or less than rebates offered on both
the ISE and NASDAQ OMX PHLX in that it is being offered to Floor
Brokers as an inducement that may allow them to competitively price
their services offered to all participants.\11\ To the extent that the
rebate is successful in attracting additional order flow to the
Exchange, all participants should benefit. As such the Exchange
believes that the rebate is appropriate and reasonable.
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    \10\ See supra note 6.
    \11\ See supra note 7.
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    The Exchange believes the proposal to increase the rebate from $.03
per contract to a $.07 per contract is equitable and not unfairly
discriminatory because it would uniformly apply to all QCC orders
entered by a Floor Broker for validation by the system and potential
execution, excepting Customer-to-Customer QCC trades. The exclusion of
Customer-to-Customer QCC trades from the Floor Broker rebate will
remain.\12\ Any participant will be able to engage a rebate-receiving
Floor Broker in a discussion surrounding the appropriate level of fees
that they may be charged for entrusting the entry of the QCC order to
the Floor Broker into the Exchange systems for validation and
execution. The additional order flow attracted by this increase in the
rebate should benefit all participants. For this reason the Exchange
feels the adoption of the proposed rebate increase is both equitable
and not unfairly discriminatory.
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    \12\ See supra note 4.
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    For the reasons noted above, the Exchange believes that the
proposed fees are fair, equitable and not unfairly discriminatory.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule
19b-4 \14\ thereunder, because it establishes a due, fee, or other
charge imposed by the NYSE Amex.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-NYSEAmex-2012-05 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-NYSEAmex-2012-05. 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 NW.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEAmex-2012-05 and should
be submitted on or before March 8, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-3608 Filed 2-15-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Rules and Regulations]
[Pages 29867-29868]
[FR Doc No: 2012-12166]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0434; Airspace Docket No. 11-ACE-9]

Amendment of Class E Airspace; Maryville, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Maryville, MO.
Decommissioning of the Emville non-directional beacon (NDB) at
Northwest Missouri Regional Airport has made this action necessary to
enhance the safety and management of Instrument Flight Rule (IFR)
operations at the airport. The geographic coordinates of the airport
also are adjusted.

DATES: Effective date: 0901 UTC, July 26, 2012. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On January 31, 2012, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Maryville,
MO, reconfiguring controlled airspace at Northwest Missouri Regional
Airport (77 FR 4703) Docket No. FAA-2011-0434. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class E
airspace designations are published in paragraph 6005 of FAA Order
7400.9V dated August 9, 2011, and effective September 15, 2011, which
is incorporated by reference in 14 CFR Part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace extending upward from 700 feet
above the surface for the Maryville, MO area. Decommissioning of the
Emville NDB and cancellation of the NDB approach at Northwest Missouri
Regional Airport has made reconfiguration of the airspace necessary for
the safety and management of IFR operations at the airport. Geographic
coordinates are also updated to coincide with the FAA's aeronautical
database.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
will not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Northwest Missouri Regional
Airport, Maryville, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE MO E5 Maryville, MO [Amended]

Maryville, Northwest Missouri Regional Airport, MO
    (Lat. 40[deg]21'12'' N., long. 94[deg]55'00'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Northwest Missouri Regional Airport.

    Issued in Fort Worth, Texas, on May 10, 2012.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-12166 Filed 5-18-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Page 49799]
[FR Doc No: 2017-23412]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2512-075; Project No. 14439-001]

Notice of Availability of Final Environmental Assessment; Hawks
Nest Hydro, LLC

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the applications for new licenses for
the Hawks Nest Hydroelectric Project (FERC Project No. 2512-075) and
the Glen Ferris Hydroelectric Project (FERC Project No. 14439-001)
located in Fayette County, West Virginia, and has prepared a final
Environmental Assessment (final EA) for the projects.
    In the final EA, Commission staff analyzes the potential
environmental effects of the projects, and concludes that relicensing
the projects, with appropriate environmental protective measures, would
not constitute a major federal action that would significantly affect
the quality of the human environment.
    A copy of the final EA is on file with the Commission and is
available for public inspection. The final EA may also be viewed on the
Commission's Web site at http://www.ferc.gov using the eLibrary link.
Enter the docket number, excluding the last three digits in the docket
number field, to access the document. For assistance, contact FERC
Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    For further information, contact Monir Chowdhury at<PHONE_NUMBER>.

    Dated: October 20, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-23412 Filed 10-26-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82532-82536]
[FR Doc No: 2020-27842]

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SECURITIES AND EXCHANGE COMMISSION

(Release No. 34-90661; File No. SR-NYSE-2020-99)

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Price List

December 14, 2020.
    Pursuant to the provisions of 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 1, 2020, New York Stock Exchange LLC
(``NYSE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a 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 its Price List to (1) extend the
Transition Period for member organizations to transition to the
utilization of ports that connect to the Exchange using Pillar
technology; (2) extend the Decommission Period that begins once the
Transition Period ends; and (3) extend the effective date that the
Exchange would prorate the monthly fee for ports activated on or after
July 1, 2019. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to provide additional time for member
organizations to transition from older to newer and more efficient
Pillar technology. The Exchange is not proposing to adjust the amount
of the port fees or the fees charged to offset the Exchange's
continuing costs of supporting legacy ports, which will remain at the
current level for all market participants.
    Effective July 3, 2019, the Exchange introduced transition pricing
designed to provide member organizations an extended transition period
to connect to the Exchange using Pillar technology with no fee
increase. Specifically, the Exchange (1) adopted a cap on monthly fees
for the use of certain ports connecting to the Exchange for the billing
months July 2019 through March 2020 (the ``Transition Period''); (2)
adopted a Decommission Extension Fee applicable for the billing months
April 2020 through September 2020 (the ``Decommission Period'') for
legacy port connections; and (3) prorated the monthly fee for certain
ports activated after July 1, 2019, effective April 1, 2020.\3\
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    \3\ See Securities Exchange Act Release No. 86360 (July 11,
2019), 84 FR 34210 (July 17, 2019) (SR-NYSE-2019-39).
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    Effective March 2, 2020, the Exchange (1) extended the end of the
Transition Period from March 2020 to August 2020 for member
organizations to transition to the utilization of ports that connect to
the Exchange using Pillar technology; (2) shortened the Decommission
Period from six months (April 2020-September 2020) to four months
(September-December 2020); (3) extended the effective date that the
Exchange would prorate the monthly fee for certain ports activated on
or after July 1, 2019 from April 1, 2020 to September 1, 2020; and (4)
revised the fees charged for legacy port connections during the
Decommission Period.\4\
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    \4\ See Securities Exchange Act Release No. 88373 (March 12,
2020), 85 FR 15533 (March 18, 2020) (SR-NYSE-2020-14).
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    Effective August 1, 2020, the Exchange (1) extended the end of the
Transition Period from August 2020 to October 2020; (2) extended the
beginning of the Decommission Period from September 2020 to November
2020 and the end of the Decommission Period from December 2020 to
February 2021; and (3) extended the effective date that the Exchange
would prorate the monthly fee for ports activated on or after July 1,
2019 from September 1, 2020 to November 1, 2020.\5\
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    \5\ See Securities Exchange Act Release No. 89591 (August 18,
2020), 85 FR 52159 (August 24, 2020) (SR-NYSE-2020-14).
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    Effective October 1, 2020, the Exchange (1) extended the end of the
Transition Period from October 2020 to December 2020; (2) extended the
beginning of the Decommission Period from November 2020 to January 2021
and the end of the Decommission Period from February 2021 to April
2021; and (3) extended the effective date that the Exchange would
prorate the monthly fee for ports activated on or after July 1, 2019
from November 1, 2020 to January 1, 2021.\6\
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    \6\ See Securities Exchange Act Release No. 90180 (October 14,
2020), 85 FR 66612 (October 20, 2020) (SR-NYSE-2020-82).
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    The Exchange proposes to:
     Extend the end of the Transition Period from December 2020
to February 2021;
     extend the beginning of the Decommission Period from
January 2021 to March 2021 and the end of the Decommission Period from
April 2021 to June 2021; and
     extend the effective date that the Exchange would prorate
the monthly fee for ports activated on or after July 1, 2019 from
January 1, 2021 to March 1, 2021.
    The Exchange would continue to provide a cap on how much member
organizations would be charged for ports during the proposed extra two
months of the Transition Period so that they would not incur additional
charges during the transition to Pillar communication protocols.
Moreover, the Exchange would retain a four month period during which
the few firms that do not transition during the proposed longer
Transition Period would be charged fees to offset the Exchange's
continuing costs of supporting legacy ports but proposes to extend the
beginning and end dates for this period.
    The Exchange proposes to implement these changes to its Price List
effective December 1, 2020.
Competitive Environment
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices,

products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \7\
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    \7\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37495, 37499 (June 29, 2005) (S7-10-04) (Final Rule)
(``Regulation NMS'').
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    While Regulation NMS has enhanced competition, it has also fostered
a ``fragmented'' market structure where trading in a single stock can
occur across multiple trading centers. When multiple trading centers
compete for order flow in the same stock, the Commission has recognized
that ``such competition can lead to the fragmentation of order flow in
that stock.'' \8\ Indeed, equity trading is currently dispersed across
16 exchanges,\9\ 31 alternative trading systems,\10\ and numerous
broker-dealer internalizers and wholesalers. Based on publicly-
available information, no single exchange has more than 16% of the
market share of executed volume of equity trades (whether excluding or
including auction volume).\11\ The Exchange believes that the ever-
shifting market share among the exchanges from month to month
demonstrates that market participants can shift order flow, or
discontinue or reduce use of certain categories of products, including
ports, in response to fee changes. Accordingly, the Exchange's fees,
including port fees, are reasonably constrained by competitive
alternatives and market participants can readily trade on competing
venues if they deem pricing levels at those other venues to be more
favorable.
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    \8\ See Securities Exchange Act Release No. 61358, 75 FR 3594,
3597 (January 21, 2010) (File No. S7-02-10) (Concept Release on
Equity Market Structure).
    \9\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, available at http://markets.cboe.com/us/equities/market_share/. See generally https://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml.html.
    \10\ See FINRA ATS Transparency Data, available at https://otctransparency.finra.org/otctransparency/AtsIssueData. A list of
alternative trading systems registered with the Commission is
available at https://www.sec.gov/foia/docs/atslist.htm.
    \11\ See Cboe Global Markets U.S. Equities Market Volume
Summary, available at http://markets.cboe.com/us/equities/market_share/.
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    The Exchange is proposing these changes in the context of a
competitive environment in which market participants can and do shift
order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Because ports are used by member
organizations to trade electronically on the Exchange, fees associated
with ports are subject to these same competitive forces. The Exchange
believes that the proposal represents a reasonable attempt to provide
member organizations with additional time to effect an orderly
transition to upgraded technology without incurring additional costs.
Proposed Rule Change
    Member organizations enter orders and order instructions, and
receive information from the Exchange, by establishing a connection to
a gateway that uses communication protocols that map to the order types
and modifiers described in Exchange rules. These gateway connections,
also known as logical port connections, are referred to as ``ports'' on
the Exchange's Price List. Legacy ports connect with the Exchange via a
Common Customer Gateway (known as ``CCG'') that accesses its equity
trading systems (``Phase I ports''). Beginning July 1, 2019, the
Exchange began making available ports using Pillar gateways to its
member organizations (``Phase II ports'').
Extension of the Date to Prorate Ports
    The Exchange currently makes available ports that provide
connectivity to the Exchange's trading systems (i.e., ports for entry
of orders and/or quotes (``order/quote entry ports'')) and charges $550
per port per month. Designated Market Makers (``DMMs'') are not charged
for the first 12 ports per month that connect to the Exchange.\12\ The
Exchange also currently makes ports available for drop copies and
charges $550 per port per month,\13\ except that DMMs are not charged
for drop copy ports that connect to the Exchange.
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    \12\ DMMs completed the transition to Phase II ports last year.
    \13\ Only one fee per drop copy port applies, even if receiving
drop copies from multiple order/quote entry ports.
---------------------------------------------------------------------------

    During the ongoing first phase of the Exchange's transition
pricing, the fees charged for both order/quote entry and drop copy
ports are, with certain exceptions, capped at--and thus not charged for
more than--the total number of both order/quote entry and drop copy
ports that the member organization has activated as of its June 2019
invoice.
    Effective January 1, 2021, the Exchange will prorate fees for
order/quote entry and drop copy ports activated after July 1, 2019, to
the number of trading days that a port is eligible for production
trading with the Exchange, including any scheduled early closing days.
    The Exchange proposes to extend the effective date for the
prorating of order/quote entry and drop copy ports to March 1, 2021 to
coincide with the end of the proposed extended Transition Period in
February 2021, discussed below.
Extension of the Transition Period
    Currently, during the billing months of July 2019 through December
2020 (the ``Transition Period''), the total number of ports charged per
member organization is capped at the total number of ports that the
member organization activated as of the June 2019 invoice, which was
the last full month prior to the introduction of the new gateways (the
``Transition Cap''). Transition Cap pricing is available until the
earlier of (1) the end of the Transition Period, i.e., December 2020,
or (2) the billing month during which a member organization fully
transitions to using only ports that communicate using Pillar phase II
protocols. If during the Transition Period, a member organization
increases the number of Phase I ports above the Transition Cap, those
ports would be charged at the current rates for order/quote entry ports
and drop copy ports. Finally, if during the Transition Period a member
organization has a total number of ports below the Transition Cap, the
Exchange would charge a member organization for their actual number of
ports.
    The Exchange proposes to extend the Transition Period by two months
to February 2020 [sic]. As proposed, the charge per port (order/quote
entry and drop copy) would remain at $550 per port per month. DMMs
would continue not to be charged for drop copy ports and for their
first 12 order/quote entry ports per month that connect to the
Exchange, and then charged $550 per order/quote entry port that
connects to the Exchange per month thereafter.
    The purpose of Transition Period pricing is to cap port fees to
allow member organizations additional time to implement technology
changes necessary to connect to the Exchange using the Phase II ports
without incurring additional Exchange fees. As of November 2020, only
67% of Phase I ports have been cancelled, a 1% increase over the 66%
that had transitioned as of September 2020. Based on the Exchange's
experience to date, the Exchange believes that an additional two months
will be necessary to provide sufficient time for all member
organizations, regardless of size, to be able to complete the necessary
changes and transition fully to the Phase II ports.

Extension of the Decommission Period
    Currently, member organizations that have not transitioned to Phase
II ports and are still utilizing Phase I ports during the billing
months of January 2021 through April 2021 (i.e., the Decommission
Period), would, in addition to the current port fees, be charged a
Decommission Extension Fee of $1,000 per port per month, increasing by
$1,000 per port for each month for any ports that communicate using
Pillar phase I protocols. As per the Price List, ports using Pillar
phase I protocols would no longer be available beginning May 1, 2021.
    The Exchange proposes that the Decommission Period would begin in
March 2021, after the end of the proposed longer Transition Period, and
end four months later. As proposed, the Decommission Period would
commence in March 2021 and end in June 2021. As a result, the Price
List would also be amended to provide that ports using Pillar phase I
protocols would no longer be available beginning July 1, 2021.
    As noted above, the Exchange believes that extending the Transition
Period would provide sufficient time for member organizations to fully
transition to Phase II ports and eliminate their use of Phase I ports.
To the extent that member organizations do not complete the transition
during the Transition Period, the Exchange will offer member
organizations the ability to choose to continue using Phase I ports
until July 2021.
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that member
organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\14\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\15\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4) & (5).
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The Proposed Changes Are Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. Specifically, in Regulation NMS, the
Commission highlighted the importance of market forces in determining
prices and SRO revenues and, also, recognized that current regulation
of the market system ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \16\
---------------------------------------------------------------------------

    \16\ See Regulation NMS, 70 FR at 37499.
---------------------------------------------------------------------------

    While Regulation NMS has enhanced competition, it has also fostered
a ``fragmented'' market structure where trading in a single stock can
occur across multiple trading centers. When multiple trading centers
compete for order flow in the same stock, the Commission has recognized
that ``such competition can lead to the fragmentation of order flow in
that stock.'' \17\ Indeed, equity trading is currently dispersed across
16 exchanges,\18\ 31 alternative trading systems,\19\ and numerous
broker-dealer internalizers and wholesalers. Based on publicly-
available information, no single exchange has more than 16% of the
market share of executed volume of equity trades (whether excluding or
including auction volume).\20\ The Exchange believes that the ever-
shifting market share among the exchanges from month to month
demonstrates that market participants can shift order flow, or
discontinue or reduce use of certain categories of products, including
ports, in response to fee changes. Accordingly, the Exchange's fees,
including port fees, are reasonably constrained by competitive
alternatives and market participants can readily trade on competing
venues if they deem pricing levels at those other venues to be more
favorable.
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release No. 61358, 75 FR 3594,
3597 (January 21, 2010) (File No. S7-02-10) (Concept Release on
Equity Market Structure).
    \18\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, available at http://markets.cboe.com/us/equities/market_share/. See generally https://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml.html.
    \19\ See FINRA ATS Transparency Data, available at https://otctransparency.finra.org/otctransparency/AtsIssueData. A list of
alternative trading systems registered with the Commission is
available at https://www.sec.gov/foia/docs/atslist.htm.
    \20\ See Cboe Global Markets U.S. Equities Market Volume
Summary, available at http://markets.cboe.com/us/equities/market_share/.
---------------------------------------------------------------------------

    If a particular exchange charges excessive fees for connectivity,
impacted members and non-members may opt to terminate their
connectivity arrangements with that exchange, and adopt a possible
range of alternative strategies, including routing to the applicable
exchange through another participant or market center or taking that
exchange's data indirectly. Accordingly, if the Exchange charges
excessive fees, it would stand to lose not only connectivity revenues
but also revenues associated with the execution of orders routed to it,
and, to the extent applicable, market data revenues. The Exchange
believes that this competitive dynamic imposes powerful restraints on
the ability of any exchange to charge unreasonable fees for
connectivity.
    Given this competitive environment, the proposal represents a fair
and reasonable attempt to provide member organizations with additional
time to make an orderly transition to upgraded technology without
increasing their costs. As noted, as of November 2020, 33% of legacy
ports have not been cancelled. If a member organization is unable to
complete this transition within the additional time of the extended
Transition Period, the pricing is designed so that only those few
member organizations that may not transition within that time period
would pay for the Exchange to continue to support their Phase I ports.
The Proposal is an Equitable Allocation of Fees
    The Exchange believes its proposal equitably allocates its fees
among its market participants. The Exchange is not proposing to adjust
the amount of the port fees or the fees charged fees to offset the
Exchange's continuing costs of supporting legacy ports, which will
remain at the current level for all market participants. Rather, the
proposal would provide additional time for member organizations to
transition from older to newer and more efficient Pillar technology and
would charge the same fee for those few member organizations that
choose not to transition to Phase II ports during the extended
Transition Period.
    The Exchange believes that the proposal to pro-rate port fees
beginning March 1, 2021, is also an equitable allocation of fees since
it would apply equally to all member organizations that connect to the
Exchange, who would equally receive the benefit of being charged only
for the connectivity utilized during any trading month beginning in
March 2021. As noted above, to the extent a member organization
continues to use ports activated before July 1, 2019 to connect to the
Exchange during the new March 1, 2021 date and any subsequent months,
the Exchange believes it is fair and equitable to continue to charge
flat fees for such ports until such time that connection to the
Exchange through the

use of Phase I ports is no longer available beginning July 1, 2021.
    The proposal constitutes an equitable allocation of fees because
all similarly situated member organizations and other market
participants that choose to connect to the Exchange through the use of
Phase I ports during the Decommission Period would continue to be
charged the same, unchanged Decommission Extension Fee. Moreover, as
noted above, the Exchange proposes a longer transition period which the
Exchange expects should be more than sufficient for all member
organizations, regardless of size, to transition to Phase II ports
before the Decommission Fee goes into effect.
The Proposal is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. In the prevailing competitive environment, member
organizations are free to disfavor the Exchange's pricing if they
believe that alternatives offer them better value, and are free to
discontinue to connect to the Exchange through its ports. As noted, the
Exchange is offering upgraded connections in an effort to keep pace
with changes in the industry and evolving customer needs as new
technologies emerge and products continue to develop and change.
    The proposal neither targets nor will it have a disparate impact on
any particular category of market participant. The Exchange believes
that the proposal does not permit unfair discrimination because the
proposal would be applied to all similarly situated member
organizations and other market participants would be charged the same
rates, which will remain unchanged.
    The Exchange believes that the proposal does not permit unfair
discrimination because the Exchange will be making available both the
Phase I and Phase II ports available to all member organizations during
the extended Transition Period on an equal basis. Accordingly, no
member organization already operating on the Exchange would be
disadvantaged by this allocation of fees. For the same reasons, the
Exchange believes that the proposal would not permit unfair
discrimination between member organizations.
    Similarly, the Decommission Extension Fee would apply equally to
all member organizations that choose to connect to the Exchange through
the use of such ports during the proposed Decommission Period. If a
member organizations becomes subject to the Decommission Fee, it would
only be because such firm chose not to complete its transition to the
Phase II ports by the end of the proposed Transition Period. While the
Exchange cannot predict with certainty whether any firms would be
subject to the Decommission Fee, and if so, which ones, the Exchange
anticipates that it would be a limited set of member organizations that
would incur such fees.
    The Exchange believes that the proposal to pro-rate port fees does
not permit unfair discrimination because it would apply equally to all
member organizations that connect to the Exchange, who would equally
receive the benefit of being charged only for the connectivity utilized
during any trading month beginning February 1, 2021. As noted, to the
extent a member organization continues to use ports activated before
July 1, 2019 to connect to the Exchange during March 2021 and any
subsequent months, the Exchange believes it is fair, equitable and not
unfairly discriminatory to continue to charge flat fees for such ports
until such time that connection to the Exchange through the use of old
ports is no longer available beginning July 1, 2021.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\21\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would provide additional time for member
organizations to transition from older to newer and more efficient
Pillar technology with no fee increase and offset the Exchange's
continuing costs of supporting the Phase I ports for the few firms that
do not transition to the new ports during the longer transition period
without any change to the fees currently charged by the Exchange for
the use of ports to connect to the Exchange's trading systems.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Intramarket Competition. The Exchange does not believe the proposed
rule change would impose any burden on intramarket competition that is
not necessary or appropriate because it would apply to all member
organizations equally that connect to the Exchange. All member
organizations, regardless of size, will be eligible for the transition
pricing through the extended Transition Period ending February 2021 and
will be eligible to connect via either Phase I or Phase II ports during
this period. In addition, all member organizations will be subject to
the Decommission Fee on an equal basis if they do complete the
transition to Phase II ports by the end of the new February 2021 date.
As noted, the Exchange anticipates that a low percentage of member
organizations would be subject to the proposed Decommission Fee, and
the firms likely to be subject to such fee would be larger firms that
could more easily absorb the cost of that fee. The Exchange further
believes that by extending the Transition Period, all member
organizations have an equal opportunity to timely transition to Phase
II ports before the Decommission Fee would take effect.
    Intermarket Competition. The Exchange does not believe the proposed
rule change would impose any burden on intermarket competition that is
not necessary or appropriate because the Exchange operates in a highly
competitive market in which market participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. The
Exchange believes that fees for connectivity are constrained by the
robust competition for order flow among exchanges and non-exchange
markets.
    As noted, the no single exchange has more than 16% of the market
share of executed volume of equity trades (whether excluding or
including auction volume).\22\ The Exchange believes that the ever-
shifting market share among the exchanges from month to month
demonstrates that market participants can shift order flow, or
discontinue or reduce use of certain categories of products, including
ports, in response to fee changes. Accordingly, the Exchange's fees,
including port fees, are reasonably constrained by competitive
alternatives and market participants can readily trade on competing
venues if they deem pricing levels at those other venues to be more
favorable.
---------------------------------------------------------------------------

    \22\ See Cboe Global Markets U.S. Equities Market Volume
Summary, available at http://markets.cboe.com/us/equities/market_share/.
---------------------------------------------------------------------------

    The Exchange is proposing these changes in the context of a
competitive environment in which market participants can and do shift
order flow, or discontinue or reduce use of certain categories of
products, in response to fee

changes. Because ports are used by member organizations to trade
electronically on the Exchange, fees associated with ports are subject
to these same competitive forces. The Exchange therefore believes that
the proposal would not impose an undue burden on intermarket
competition because the purpose of this filing is not to change the
rates charged for ports or to offset the Exchange's continuing costs of
supporting legacy ports but rather to provide member organizations with
more time to effect an orderly transition to upgraded technology
without needing to incur any additional costs.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \23\ of the Act and subparagraph (f)(2) of Rule
19b-4 \24\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \25\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2020-99 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-NYSE-2020-99. 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-NYSE-2020-99, and should be submitted on
or before January 8, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-27842 Filed 12-17-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Notices]
[Page 28374]
[FR Doc No: 2012-11576]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-64-000]

Linden VFT, LLC v. New York Independent System Operator, Inc.;
Notice of Complaint

    Take notice that on May 4, 2012, pursuant to section 206 of the
Federal Power Act and Rule 206 of the Rules of Practice and Procedure
of the Federal Energy Regulatory Commission (Commission), 18 CFR
385.206, Linden VFT, LLC (Linden VFT or Complainant) filed a formal
complaint against New York Independent System Operator, Inc. (NYISO or
Respondent), alleging that the Respondent failed to recognize the
actual transmission capacity of Linden VFT in the same manner as
similarly situated projects is unduly discriminatory.
    Linden VFT certifies that copies of the complaint were served on
the contacts for the Respondent as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on May 24, 2012.

    Dated: May 7, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-11576 Filed 5-11-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 10, 2009 (Volume 74, Number 152)]
[Notices]
[Page 39978-39979]
[DOCID:fr10au09-63]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0021]

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

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

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified in
the Standard on Benzene (29 CFR 1910.1028).

DATES: Comments must be submitted (postmarked, sent, or received) by
October 9, 2009.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0021,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2009-
0021). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Todd Owen or
Jamaa Hill at the address below to obtain a copy of the ICR.

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

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The information collection requirements specified in Benzene
Standard protect workers from the adverse health effects that may
result

from occupational exposure to benzene. The major information collection
requirements in the Standard include conducting worker exposure
monitoring, notifying workers of the benzene exposure, implementing a
written compliance program, implementing medical surveillance for
workers, providing examining physicians with specific information,
ensuring that workers receive a copy of their medical surveillance
records, and providing access to these records by OSHA, the National
Institute for Occupational Safety and Health, the worker who is the
subject of the records, the worker's representative, and other
designated parties.

II. Special Issues for Comment

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

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the collections
of information requirements contained in the Standard on Benzene (29
CFR 1910.1028). As a result of re-estimating the number of medical
examinations from 10,800 examinations to 11,233 examinations there was
an increase in burden hours from 125,209 hours to 126,180 hours and an
increase in costs from $8,132,978 to $8,133,499.
    OSHA will summarize the comments submitted in response to this
notice, and will include this summary in request to OMB to extend the
approval of the information collection requirements contained in the
Benzene standard (29 CFR 1910.1028).
    Type of Review: Extension of currently approved collection.
    Title: Benzene Standard (29 CFR 1910.1028).
    OMB Number: 1218-0129.
    Affected Public: Business or other for-profits.
    Total Responses: 267,376.
    Frequency: On occasion.
    Estimated Time per Response: Varies from 5 minutes (.08 hour) for
employers to maintain records to 4 hours for workers to receive
referral medical exams.
    Total Burden Hours: 126,180.
    Estimated Cost (Operation and Maintenance): $8,133,499.

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

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
e-Rulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and OSHA docket number for the ICR (Docket No. OSHA-2009-0021). You may
supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publically available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available through the Web site's
``User Tips'' link. Contact the OSHA Docket Office for information
about materials not available through the Web Site, and for assistance
in using the Internet to locate docket submissions.

V. Authority and Signature

    Jordan Barab, Acting Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31160).

    Signed at Washington, DC, this 4th day of August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-19072 Filed 8-7-09; 8:45 am]

BILLING CODE 4510-26-P


Date: September 28, 2012
MEMORANDUM
TO:			Air and Radiation Docket EPA-HQ-OAR-2012-0542
SUBJECT:	Meeting with The International Council on Clean Transportation

	On September 28, 2012, representatives from The International Council on Clean Transportation (ICCT) met with EPA to discuss renewable fuels produced from palm oil.  Mr. Chris Malins highlighted several issues discussed in ICCT's comments (slides attached to this docket entry), including peat soil emissions related to palm oil expansion and palm oil yields.  This was followed by a discussion about data sources and other technical issues.

List of Representatives The ICCT
1. Mr. Chris Malins
2. Ms. Stephanie Searle
List of Representatives from EPA
Aaron Levy		Program Analyst, Transportation and Climate Division (TCD)
Angela Dickens	AAAS Science & Technology Policy Fellow, TCD


[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Page 24837]
[FR Doc No: 2023-08592]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0018]

Asbestos in General Industries Standard; Extension of the Office
of Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements; Correction

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

ACTION: Notice; correction.

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

SUMMARY: The Occupational Safety and Health Administration (OSHA)
published a document in the Federal Register on April 3, 2023
soliciting public comments concerning the proposal to extend the Office
of Management and Budget's (OMB) approval of the information collection
requirements specified in the regulation on Asbestos in General
Industries Standard. The document contained incorrect docket numbers.
This notice corrects these errors.

DATES: This correction is effective April 24, 2023.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S. Department of Labor; telephone:
(202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Correction

    In the Federal Register of April 3, 2023 (88 FR 19682), correct the
Docket Number as described below.
    1. On page 19682, in the third line, change the Docket Number to
read:

[Docket No. OSHA-2010-0018]
    2. On page 19682, in the paragraph titled ``Addresses, subheading
Instructions'' change the Docket Number to read:

[Docket No. OSHA-2010-0018]
    3. On page 19683, in the third column, in the first paragraph
titled ``1V. Public Participation,'' change the Docket Number to read:

[Docket No. OSHA-2010-0018 (88 FR 19682)]

Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020
(85 FR 58393).

    Signed at Washington, DC, on April 18, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-08592 Filed 4-21-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Rules and Regulations]
[Pages 75633-75636]
[FR Doc No: 2015-30253]

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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, 743, 772 and 774

[Docket No. 150304217-5727-02]
RIN 0694-AG44

Wassenaar Arrangement 2014 Plenary Agreements Implementation and
Country Policy Amendments; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendments.

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

SUMMARY: The Bureau of Industry and Security (BIS) maintains, as part
of its Export Administration Regulations (EAR), the Commerce Control
List (CCL), which identifies certain of the items subject to Department
of Commerce jurisdiction. This correction rule revises the Commerce
Country Chart by implementing revisions that BIS inadvertently omitted
from the ``Wassenaar Arrangement 2014 Plenary Agreements Implementation
and Country Policy Amendments'' rule published on May 21, 2015 (80 FR
29442) (``May 21 rule''), for Argentina and South Africa. This rule
also implements the Wassenaar Arrangement (WA) agreement to make a
clarification to the control text for rebreathing equipment that BIS
inadvertently did not make in the May 21 rule. A license requirement
note indicating jurisdiction is corrected and a related control note is
clarified in an entry on the CCL controlling space launch vehicles and
``spacecraft,'' ``space buses,'' ``spacecraft payloads,'' etc., as the
range of the reference was incorrectly stated in the May 21 rule. The
reference concerning jurisdiction for ``specially designed'' parts,
components, systems and structures, for launch vehicles, launch vehicle
propulsion systems or ``spacecraft'' is corrected in the CCL entry
controlling such items in this rule.
    In addition, this rule makes one minor correction to remove Fiji
from Column D:5 ``U.S. Arms Embargoed Countries,'' as well as from
Country Group D, because Fiji is not listed under any other column
within Country Group D and because the Department of State published a
final rule that revised the International Traffic in Arms Regulations
(ITAR) to rescind the previous policy of denying the export of defense
articles and defense services to Fiji.
    Lastly, this rule removes an outdated reference in the Definitions
part of the EAR.

DATES: This rule is effective December 3, 2015.

FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron
Cook, Office of Exporter Services, Bureau of Industry and Security,
U.S. Department of Commerce at<PHONE_NUMBER> or by email:
<EMAIL_ADDRESS>    For technical questions contact:
    Categories 7 & 9: Daniel Squire<PHONE_NUMBER> or Reynaldo Garcia
202-482-3462
    Category 8: Michael Tu<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:

Background

Supplement No. 1 to Part 738--Commerce Country Chart

    In the May 21 rule, Argentina and South Africa were added to
Country Group A:1. The intent of that rule was also to harmonize
Country Group A:1 with national security column 2 and regional
stability column 2 of the Commerce Country Chart. However, BIS
inadvertently did not remove the corresponding Xs for South Africa and
Argentina. Therefore, the Commerce Country Chart is corrected by
revising the second columns for national security (NS:2), and regional
stability (RS:2) in order to harmonize these columns with the newly
revised Country Group A:1, making the license requirement consistent
with the risk of diversion to unauthorized end users, end uses and
destinations. Specifically, this rule would remove the X, i.e., license
requirement, in the NS:2 Column for South Africa, as well as remove the
X in the RS:2 Column for Argentina and South Africa, because the risk
of diversion to unauthorized destinations, parties or uses is low for
these countries. Both Argentina and South Africa are WA Participating
States, but are not NATO member countries.

Part 740--Country Groups

    This rule removes Fiji from Country Group D:5 ``U.S. Arms Embargoed
Countries,'' and from Country Group D in Supplement No. 1 to part 740
of the EAR. This minor correction is not the result of a Wassenaar
Arrangement agreement, but rather of a final rule published by the
Department of State on May 29, 2015, 80 FR 30614 titled ``Amendment to
the International Traffic in Arms Regulations: Policy on Exports to the
Republic of Fiji.'' The State Department's rule revised ITAR Sec.
126.1 to remove Fiji from paragraph (p), establishing that it is the
policy of the United States to no longer deny licenses or other
approval for exports or imports of defense articles and defense
services destined for or originating in Fiji. The reasoning behind the
change stated in the State Department rule was, ``On September 17,
2014, Fiji's acting government followed through on its longstanding
commitment to hold democratic elections.'' There are specific license
exception restrictions that pertain to Country Group D:5 that will no
longer apply to Fiji. See Part 740 of the EAR. This revision also
affects the national security (Sec.  742.4) and regional stability
(Sec.  742.6) license review policy for 9x515 or ``600 series'' ECCNs
when destined to Fiji, as well as the application of the de minimis
rules (Sec.  734.4) for foreign products incorporating controlled U.S.
content destined to Fiji.

Section 743.3 Thermal Imaging Camera Reporting

    BIS inadvertently removed a thermal imaging camera reporting
requirement exemption for Canada in the May 21 rule. The reporting
requirements for thermal imaging cameras are corrected by exempting
Canada from the reporting requirements, as was the policy prior to the
publication of the May 21, 2015, Wassenaar rule. The exception is added
to paragraph (b) of Sec.  743.3 of the EAR.

Part 772--Definitions

    This rule removes a reference for ``signal analyzer (dynamic) . .
.'' that was inadvertently not removed when the definition for
``dynamic signal analyzer'' was removed from this part.

Supplement No. 1 to Part 774--Commerce Control List

ECCN 8A620--Submersible Vessels, Oceanographic and Associated
Commodities

    The May 21 rule inadvertently did not make a regulatory amendment
that should have been made to implement a 2014 Wassenaar Arrangement
agreement pertaining to diving and underwater swimming apparatus
specially designed and modified for military use. The EAR amendment,
which this rule makes, replaces paragraph .f with a new paragraph
containing two subparagraphs: Subparagraph f.1 for self-contained
diving rebreathers, closed or semi-closed circuit; and subparagraph f.2
for underwater swimming apparatus ``specially designed'' for use with
equipment specified in paragraph f.1. Paragraph f.1 narrows the scope
by adding the ``self-contained'' parameter, while f.2 is an expansion
of controls.

ECCN 9A004 Space Launch Vehicles and ``Spacecraft''

    The May 21 rule added paragraphs a. through f. to ECCN 9A004 in
order to harmonize that ECCN with the Wassenaar dual-use list entry
9.A.4., even though the controls for these goods would be under ECCN
9A515. Because the EAR is used globally for export compliance, BIS
decided that it would be easier for people to find these goods on the
list where they would expect to find them on the European Union List or
on the CCL prior to Export Control Reform (ECR) (in ECCN 9A004) and
then follow the references in ECCN 9A004 to USML Category IV or ECCN
9A515. However, the range of reference for the paragraphs impacted by
ECCN 9A515 in the License Requirement Note for 9A004.a was incorrect.
The range of reference in the License Requirement Note is corrected to
read ``9A004.b through .f.'' Also, Note 3 in the Related Controls is
revised for clarity.

9A010 ``Specially Designed'' ``Parts,'' ``Components,'' Systems and
Structures, for Launch Vehicles, Launch Vehicle Propulsion Systems or
``Spacecraft''

    The Heading to ECCN 9A010 is corrected by removing the reference to
the ITAR for jurisdiction over these items and instead referring to the
newly added Related Controls paragraph. The added Related Controls
paragraph refers to USML Category IV of the ITAR and ECCN 9A604 for
paragraphs 9A010.a, .b and .d, as well as USML Category XV of the ITAR
and ECCN 9A515 for paragraph 9A010.c. The Related Controls paragraph
also refers to Supplement No. 4 to part 774, Order of Review, because
one is supposed to review the referenced ITAR category first and if the
item is not found there, then the referenced CCL ECCN should be
reviewed to determine classification of items specified in ECCN 9A010.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015) has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222 as amended by Executive Order
13637.

Saving Clause

    Shipments of items removed from license exception eligibility or
eligibility for export, reexport, or transfer (in-country) without a
license as a result of this regulatory action that were on dock for
loading, on lighter, laden aboard a carrier, or en route aboard a
carrier to a port, on December 3, 2015, pursuant to actual orders to a
destination, may proceed to that destination under the previous license
exception eligibility or without a license so long as they have been
exported, reexported, or transferred (in-country) before February 1,
2016. Any such items not actually exported, reexported, or transferred
(in-country) before midnight, on February 1, 2016, require a license in
accordance with this regulation.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves two collections of information subject to the PRA. One of the
collections has been approved by OMB under control number 0694-0088,
``Multi-Purpose Application,'' and carries a burden hour estimate of 58
minutes for a manual or electronic submission. The other of the
collections has been approved by OMB under control number 0694-0106,
``Reporting and Recordkeeping Requirements under the Wassenaar
Arrangement,'' and carries a burden hour estimate of 21 minutes for a
manual or electronic submission. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to OMB Desk Officer, New
Executive Office Building, Washington, DC 20503; and to Jasmeet Seehra,
OMB Desk Officer, by email at<EMAIL_ADDRESS>or by fax
to<PHONE_NUMBER>; and to the Office of Administration, Bureau of
Industry and Security, Department of Commerce, 1401 Constitution Ave.
NW., Room 6622, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a 30-day delay in effective date, are
inapplicable because this regulation involves a military and foreign
affairs function of the United States (5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments fulfills the United States'
international obligation to the Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual-Use Goods and Technologies. The
Wassenaar Arrangement contributes to international security and
regional stability by promoting greater responsibility in transfers of
conventional arms and dual use goods and technologies, thus preventing
destabilizing accumulations of such items. The Wassenaar Arrangement
consists of 41 member countries that act on a consensus basis. The
corrections set forth in this rule ensure the correct implementation of
agreements reached at the December 2014 plenary session of the WA.
Because the United States is a significant exporter of the items
covered by this rule, implementation of this rule is necessary for the
WA to achieve its purpose. Any delay in implementation will create a
disruption in the movement of affected items globally because of
disharmony between export control measures implemented by WA members.
Export controls work best when all countries implement the same export
controls in a timely manner. If this rulemaking were delayed to allow
for notice and comment and a 30-day delay in effectiveness, it would
prevent the United States from fulfilling its commitment to the WA in a
timely manner and would injure the credibility of the United States in
this and other multilateral regimes.
    The removal of Fiji from Country Group D:5 also involves a military
and foreign affairs function of the United States (5 U.S.C. 553(a)(1)).
Country Group D:5 identifies countries that are

subject to a United States arms embargo for purposes of some license
requirements and license exception availability. Designating a country
as subject to a United States arms embargo is a function of the
Department of State. The Department of State has determined that is in
the best interests of U.S. foreign policy, national security, and human
rights concerns to rescind the previous policy of denying the export of
defense articles and defense services to Fiji. In this rule, BIS is
merely recording the removal of the arms embargo in Fiji in its
regulations to be consistent with the overall U.S. government policy
regarding sales of military items that is set by the State Department.
Even if BIS received public comments recommending that the arms embargo
on Fiji be restored, BIS has no authority to take that action.
Incurring the expense and delay of the notice and comment process in a
situation where BIS has no authority to take action in response to
those comments would be contrary to the public interest.
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis. Comments should be
submitted to Sharron Cook, Office of Exporter Services, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Ave. NW., Room 2099, Washington, DC 20230.

List of Subjects

15 CFR Parts 738 and 772

    Exports.

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Parts 738, 740, 743, 772 and 774 of the Export
Administration Regulations (15 CFR parts 730 through 774) are amended
as follows:

PART 738 [AMENDED]

0
1. The authority citation for part 738 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

Supplement No. 1 to Part 738 [AMENDED]

0
2. Supplement No. 1 is amended by:
0
a. Removing the X from the RS:2 column for Argentina; and
0
b. Removing the X from the NS:2 column and the RS:2 column for South
Africa.

PART 740 [AMENDED]

0
3. The authority citation for part 740 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
4. Supplement No. 1 to part 740, Country Group D is amended by removing
the entry for Fiji from the table.

PART 743 [AMENDED]

0
5. The authority citation for part 743 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637 of
March 8, 2013, 78 FR 16129 (March 13, 2013); 78 FR 16129; Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015).

0
6. Section 743.3 is amended by revising paragraph (b) to read as
follows:

Sec.  743.3  Thermal imaging camera reporting.

* * * * *
    (b) Transactions to be reported. Exports that are not authorized by
an individually validated license of thermal imaging cameras controlled
by ECCN 6A003.b.4.b to a destination in Country Group A:1 (see
Supplement No. 1 to part 740 of the EAR), except Canada, must be
reported to BIS.
* * * * *

PART 772 [AMENDED]

0
7. The authority citation for part 772 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
7, 2015, 80 FR 48233 (August 11, 2015).

Sec.  772.1  [Amended]

0
8. In Sec.  772.1, remove the entry ``Signal analyzers. (dynamic) (Cat
3)--(See ``Dynamic signal analyzers''.)''

PART 774 [AMENDED]

0
9. The authority citation for part 774 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
10. In Supplement No. 1 to part 774, Category 8, ECCN 8A620 is amended
by revising Items paragraph f., to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *

8A620 Submersible vessels, oceanographic and associated commodities
(see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    f. Diving and underwater swimming apparatus specially designed
or modified for military use, as follows:
    f.1. Self-contained diving rebreathers, closed or semi-closed
circuit;
    f.2. Underwater swimming apparatus specially designed for use
with the diving apparatus specified in subparagraph f.1;
    N.B.: See also 8A002.q.
* * * * *

0
11. In Supplement No. 1 to part 774, Category 9, ECCN 9A004 is amended
by:
0
a. Revising the License Requirement Note in the License Requirements
section; and
0
b. Revising Note 3 in the Related Controls paragraph of the List of
Items Controlled section, to read as follows:

9A004 Space Launch Vehicles and ``Spacecraft,'' ``Spacecraft Buses,''
``Spacecraft Payloads,'' ``Spacecraft'' On-board Systems or Equipment,
and Terrestrial Equipment, as Follows (see List of Items Controlled).

License Requirements

* * * * *
    License Requirements Note: 9A004.b through .f are controlled
under ECCN 9A515.
* * * * *

List of Items Controlled

    Related Controls*** (3) See USML Categories IV for the space
launch vehicles and XV for other spacecraft that are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
12. In Supplement No. 1 to part 774, Category 9, ECCN 9A010 is amended
by:
0
a. Revising the Heading; and
0
b. Adding a Related Controls Note to the List of Items Controlled
Section, to read as follows:

9A010 ``Specially Designed'' ``Parts,'' ``Components,'' Systems and
Structures, for Launch Vehicles, Launch Vehicle Propulsion Systems or
``Spacecraft''. (See Related Controls paragraph.)

List of Items Controlled

    Related Controls: (1) See USML Category IV of the International
Traffic in Arms Regulations (ITAR) (22 CFR parts 120 through 130)
and ECCN 9A604 for paragraphs 9A010.a, .b and .d. (2) See USML
Category XV of the ITAR and ECCN 9A515 for paragraph 9A010.c. (3)
See Supplement No. 4 to part 774, Order of Review for guidance on
the process for determining classification of items.
* * * * *

    Dated: November 23, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-30253 Filed 12-2-15; 8:45 am]
 BILLING CODE 3510-33-P