[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Notices]
[Pages 66070-66073]
[FR Doc No: 2023-20807]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98449; File No. SR-CboeEDGX-2023-059]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend its Fee Schedule

September 20, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 11, 2023, Cboe EDGX Exchange, Inc. (``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule applicable to its
equities trading platform (``EDGX Equities'') by adopting a new Cross
Asset Tier. The Exchange proposes to implement these changes effective
September 1, 2023.\3\
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    \3\ The Exchange initially filed the proposed fee change on
August 31, 2023 (SR-CboeEDGX-2023-055). On September 11, 2023, the
Exchange withdrew that proposal and submitted this proposal.
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    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues
that do not have similar self-regulatory responsibilities under the
Securities Exchange Act of 1934 (the ``Act''), to which market
participants may direct their order flow. Based on publicly available
information,\4\ no single registered equities exchange has more than
14% of the market share. Thus, in such a low-concentrated and highly
competitive market, no single equities exchange possesses significant
pricing power in the execution of order flow. The Exchange in
particular operates a ``Maker-Taker'' model whereby it pays rebates to
members that add liquidity and assesses fees to those that remove
liquidity. The Exchange's Fee Schedule sets forth the standard rebates
and rates applied per share for orders that provide and remove
liquidity, respectively. Currently, for orders in securities priced at
or above $1.00, the Exchange provides a standard rebate of $0.00160 per
share for orders that add liquidity and assesses a fee of $0.0030 per
share for orders that remove liquidity.\5\ For orders in securities
priced below $1.00, the Exchange provides a standard rebate of $0.00009
per share for orders that add liquidity and assesses a fee of 0.30% of
the total dollar value for orders that remove liquidity.\6\
Additionally, in response to the competitive environment, the Exchange
also offers tiered pricing which provides Members opportunities to
qualify for higher rebates or reduced fees where certain volume
criteria and thresholds are met. Tiered pricing provides an incremental
incentive for Members to strive for higher tier levels, which provides
increasingly higher benefits or discounts for satisfying increasingly
more stringent criteria.
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    \4\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (August 24, 2023), available at https://www.cboe.com/us/equities/market_statistics/.
    \5\ See EDGX Equities Fee Schedule, Standard Rates.
    \6\ Id.
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    Under footnote 1 of the Fee Schedule, the Exchange currently offers
various Add/Remove Volume Tiers that provide enhanced rebates for
orders yielding fee codes B,\7\ V,\8\ Y,\9\ 3,\10\ and 4.\11\ The
Exchange now proposes to introduce a new tier under footnote 1 titled
Cross Asset Tier, which is designed to incentivize Members to achieve
certain levels of participation on both the Exchange's equities and
options platform (``EDGX Options''). The proposed criteria is as
follows:
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    \7\ Fee code B is appended to orders that add liquidity to EDGX
in Tape B securities.
    \8\ Fee code V is appended to orders that add liquidity to EDGX
in Tape A securities.
    \9\ Fee code Y is appended to orders that add liquidity to EDGX
in Tape C securities.
    \10\ Fee code 3 is appended to orders that add liquidity to EDGX
in Tape A or Tape C securities during the pre and post market.
    \11\ Fee code 4 is appended to orders that add liquidity to EDGX
in Tape B securities during the pre and post market.
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     The Cross Asset Tier provides a rebate of $0.0029 per
share for securities priced above $1.00 for qualifying orders (i.e.,
orders yielding fee codes B, V, Y, 3, or 4) where (1) Member has a
Step-Up Tape B & C ADAV \12\ from July 2023 >= 4,000,000; and (2)
Member has a Market Maker Add \13\ on EDGX Options >= 2,000,000 in SPY.
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    \12\ Step-Up Tape B & C ADAV means ADAV in Tape B and Tape C
securities in the relevant baseline month subtracted from current
ADAV. ADAV means average daily volume calculated as the number of
shares added per day. ADAV is calculated on a monthly basis.
    \13\ Market Maker Add means any order for the account of a
registered Market Maker on EDGX Options appended with fee code NM or
PM. See EDGX Options Fee Schedule, Footnote 2.
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    The proposed Cross Asset Tier is intended to provide an additional
manner to incentive Members to add displayed liquidity in Tape B and
Tape C securities on the Exchange while also increasing participation
in SPY on EDGX Options. The Exchange believes the addition of the Cross
Asset Tier will incentivize Members to grow their volume on the
Exchange, thereby contributing to a deeper and more liquid market,
which benefits all market participants and provides greater execution
opportunities on the Exchange.
    Additionally, the Exchange notes that the proposed Cross Asset Tier
will expire no later than January 31, 2024,

which the Exchange will indicate on the Exchange's fee schedule. Growth
Tiers in general are designed to provide Members with additional
opportunities to receive enhanced rebates by increasing their order
flow to the Exchange, which further contributes to a deeper, more
liquid market and provides even more execution opportunities for active
market participants. Like other Growth Tiers on the Exchange,\14\ the
proposed Cross Asset Tier is designed to give members an additional
opportunity to receive an enhanced rebate for orders meeting the
applicable criteria. Increased overall order flow benefits all Members
by contributing towards a robust and well-balanced market ecosystem.
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    \14\ See EDGX Equities Fee Schedule, Footnote 1, Add/Remove
Volume Tiers.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of section 6(b) of the
Act.\15\ Specifically, the Exchange believes the proposed rule change
is consistent with the section 6(b)(5) \16\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the section 6(b)(5) \17\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers as well as section 6(b)(4) \18\
as 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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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ Id.
    \18\ 15 U.S.C. 78f(b)(4)
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    As described above, the Exchange operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. The Exchange believes that
its proposal to introduce a Cross Asset Tier reflects a competitive
pricing structure designed to incentivize market participants to direct
their order flow to the Exchange, which the Exchange believes would
enhance market quality to the benefit of all Members. Additionally, the
Exchange notes that relative volume-based incentives and discounts have
been widely adopted by exchanges,\19\ including the Exchange,\20\ and
are reasonable, equitable and non-discriminatory because they are open
to all Members on an equal basis and provide additional benefits or
discounts that are reasonably related to (i) the value to an exchange's
market quality and (ii) associated higher levels of market activity,
such as higher levels of liquidity provision and/or growth patterns.
Competing equity exchanges offer similar tiered pricing structures,
including schedules of rebates and fees that apply based upon members
achieving certain volume and/or growth thresholds, as well as assess
similar fees or rebates for similar types of orders, to that of the
Exchange.\21\
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    \19\ See e.g., BZX Equities Fee Schedule, Footnote 1, Add/Remove
Volume Tiers.
    \20\ See e.g., EDGX Equities Fee Schedule, Footnote 1, Add/
Remove Volume Tiers.
    \21\ See e.g., MIAX Pearl Options Fee Schedule, Transaction
Rebates/Fees; The Nasdaq Options Market LLC (``NOM'') Pricing
Schedule, Options 7, Section 2.
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    In particular, the Exchange believes its proposal to introduce a
Cross Asset Tier is reasonable because the revised tier will be
available to all Members and provide all Members with an additional
opportunity to receive an enhanced rebate. The Exchange further
believes the proposed Cross Asset Tier will provide a reasonable means
to encourage liquidity adding displayed orders in Members' order flow
to the Exchange and to incentivize Members to continue to provide
liquidity adding volume to the Exchange by offering them an additional
opportunity to receive an enhanced rebate on qualifying orders. An
overall increase in activity would deepen the Exchange's liquidity
pool, offers additional cost savings, support the quality of price
discovery, promote market transparency and improve market quality, for
all investors.
    The Exchange believes that the proposed Cross Asset Tier represents
an equitable allocation of fees and rebates and is not unfairly
discriminatory because all Members will be eligible for the proposed
tier and have the opportunity to meet the tier's criteria and receive
the corresponding enhanced rebate if such criteria is met. To the
extent a Member participates on EDGX Equities but not on EDGX Options,
the Exchange continues to believe that its proposal represents an
equitable allocation of fees and rebates and is not unfairly
discriminatory with respect to such Member based on the overall benefit
to the Exchange resulting from the success of its options platform.
Particularly, the Exchange believes that additional such success allows
the Exchange to continue to provide and potentially expand its existing
incentive programs to the benefit of all participants on the Exchange,
regardless of whether they participate on EDGX Options or not. Without
having a view of activity on other markets and off-exchange venues, the
Exchange has no way of knowing whether this proposed rule change would
definitely result in any Members qualifying the new proposed tiers.
While the Exchange has no way of predicting with certainty how the
proposed changes will impact Member activity, based on the prior months
volume, the Exchange anticipates that at least one Member will be able
to satisfy the proposed criteria for the proposed Cross Asset Tier. The
Exchange also notes that proposed changes will not adversely impact any
Member's ability to qualify for enhanced rebates or reduced fees
offered under other tiers. Should a Member not meet the proposed new
criteria for the proposed Cross Asset Tier, the Member will merely not
receive that corresponding enhanced rebate.

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. Rather, as discussed above,
the Exchange believes that the proposed changes would encourage the
submission of additional order flow to a public exchange, thereby
promoting market depth, execution incentives and enhanced execution
opportunities, as well as price discovery and transparency for all
Members. As a result, the Exchange believes that the proposed changes
further the Commission's goal in adopting Regulation NMS of fostering
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.''
    The Exchange believes the proposed rule changes do not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
Cross Asset Tier will apply to all Members equally in that all

Members are eligible for the tier, have a reasonable opportunity to
meet the tier's criteria and will receive the enhanced rebate on their
qualifying orders if such criteria is met. The Exchange does not
believe the proposed changes burden competition, but rather, enhances
competition as it is intended to increase the competitiveness of EDGX
by adopting pricing incentives in order to attract order flow and
incentivize participants to increase their participation on the
Exchange, providing for additional execution opportunities for market
participants and improved price transparency. Additionally, the
Exchange believes that the proposed criteria based on SPY options
volume applicable to EDGX Options Market Makers will provide an
additional incentive to those Market Makers that concentrate their
trading activity in SPY options to send additional SPY orders, which in
turn provides additional liquidity in the market. Greater overall order
flow, trading opportunities, and pricing transparency benefits all
market participants on the Exchange, as well as its affiliate options
exchange, by enhancing market quality and continuing to encourage
Members to send orders, thereby contributing towards a robust and well-
balanced market ecosystem.
    Next, the Exchange believes the proposed rule changes does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues that they may participate on
and direct their order flow, including other equities exchanges, off-
exchange venues, and alternative trading systems. Additionally, the
Exchange represents a small percentage of the overall market. Based on
publicly available information, no single equities exchange has more
than 14% of the market share.\22\ Therefore, no exchange possesses
significant pricing power in the execution of order flow. Indeed,
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. Moreover, 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.'' \23\ The fact that this market is competitive has also
long been recognized by the courts. In NetCoalition v. Securities and
Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\24\ Accordingly, the Exchange does not believe its
proposed fee change imposes any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
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    \22\ Supra note 2.
    \23\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \24\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \25\ and paragraph (f) of Rule 19b-4 \26\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \25\ 15 U.S.C. 78s(b)(3)(A).
    \26\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeEDGX-2023-059 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-CboeEDGX-2023-059. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CboeEDGX-2023-059 and should
be submitted on or before October 17, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-20807 Filed 9-25-23; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 16, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16786

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  China Southern Airlines Company Limited		Date Filed:  March
22, 2004, as amended

Relief requested: Amend exemption authority to the extent necessary to
permit China Southern to engage in scheduled foreign air transportation
of persons, property and mail between Shanghai, People’s Republic of
China, on the one hand, and Saipan, Commonwealth of the Northern Mariana
Islands, on the other hand.

Date and citation of last action:  New authority (amends authority
granted December 31, 2003, in this docket)

Applicant representative:  Ronald P. Brower<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  April 16, 2004

Under its amended authority in this docket, China Southern is authorized
to engage in scheduled foreign air transportation of persons, property
and mail between Guangzhou and Shanghai, People’s Republic of China,
on the one hand, and Saipan, Commonwealth of the Northern Mariana
Islands, on the other hand.

Effective dates of authority granted:  April 16, 2004-December 31, 2004
(commensurate with the term of China Southern’s authority granted
December 31, 2003, in this docket)

Basis for approval (bilateral agreement/reciprocity):  U.S.-China Air
Transport Services Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X Standard exemption conditions (attached) and China Southern’s
foreign air carrier permit (Order 2001-11-4)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

											Attachment

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

  On December 31, 2003, we granted China Southern authority to engage in
scheduled foreign air transportation of persons, property and mail
between Guangzhou, People’s Republic of China, on the one hand, and
Saipan, Commonwealth of the Northern Mariana Islands, on the other hand.
 See Notice of Action Taken dated December 31, 2003, in this docket.


[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9064-9067]
[FR Doc No: 2017-02223]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF17-3-000]

Cheniere Midstream Holdings, Inc.; Notice of Intent To Prepare an
Environmental Impact Statement for the Planned Midcontinent Supply
Header Interstate Pipeline Project, Request for Comments on
Environmental Issues, and Notice of Public Scoping Sessions

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Midcontinent Supply
Header Interstate Pipeline Project (MIDSHIP Project) involving
construction and operation of facilities by Cheniere Midstream
Holdings, Inc. (Cheniere Midstream) in Kingfisher, Canadian, Grady,
Garvin, Stephens, Carter, Johnston, and Bryan Counties, Oklahoma and
leased capacity on existing pipeline infrastructure in Oklahoma, Texas,
and Louisiana. The Commission will use this EIS in its decision-making
process to determine whether the project is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EIS. To ensure that your comments are timely
and properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before February 27, 2017.
    If you sent comments on this project to the Commission before the
opening of this docket on November 9, 2016, you will need to file those
comments in Docket No. PF17-3-000 to ensure they are considered as part
of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    A fact sheet prepared by FERC entitled ``An Interstate Natural Gas
Facility on My Land? What Do I Need to Know?'' is available for viewing
on the FERC Web site (www.ferc.gov). This fact sheet addresses a number
of typically asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings.

Public Participation

    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission will provide equal
consideration to all comments received, whether filed in written form
or provided verbally. The Commission encourages electronic filing of
comments and has expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>Please carefully follow these instructions so that
your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to

Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF17-3-000) with your submission: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the
Commission invites you to attend one of the public scoping session(s)
its staff will conduct in the project area, scheduled as follows:

------------------------------------------------------------------------
           Date and time                          Location
------------------------------------------------------------------------
Monday, February 13, 2017, 4:00 to  Donald W. Reynolds Community Center,
 8:00 p.m.                           323 West Beech Street, Durant, OK
                                     74701,<PHONE_NUMBER>.
Tuesday, February 14, 2017, 4:00    Ardmore Convention Center, 2401
 to 8:00 p.m.                        North Rockford Road, Ardmore, OK
                                     73401,<PHONE_NUMBER>.
Wednesday, February 15, 2017, 4:00  Elmore City Community Center, 104 S
 to 8:00 p.m.                        Main Street, Elmore City, OK 73433,
<PHONE_NUMBER>.
Thursday, February 16, 2017, 4:00   Redlands Community College, 1300
 to 8:00 p.m.                        South Country Club Road, El Reno,
                                     OK 73036,<PHONE_NUMBER>.
------------------------------------------------------------------------

    The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the EIS to be prepared for this project. Individual
verbal comments will be taken on a one-on-one basis with a court
reporter. This format is designed to receive the maximum amount of
verbal comments, in a convenient way during the timeframe allotted.
    Each scoping session is scheduled from 4:00 p.m. to 8:00 p.m.
Central Standard Time. You may arrive at any time after 4:00 p.m. There
will not be a formal presentation by Commission staff when the session
opens. If you wish to speak, the Commission staff will hand out numbers
in the order of your arrival; distribution of numbers will be
discontinued at 7:00 p.m. Please see appendix 1 for additional
information on the session format and conduct.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or by calling<PHONE_NUMBER>. For instructions
on connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

    Your scoping comments will be recorded by the court reporter (with
FERC staff or a representative present) and become part of the public
record for this proceeding. Transcripts will be publicly available on
FERC's eLibrary system (see below for instructions on using eLibrary).
If a significant number of people are interested in providing verbal
comments in the one-on-one settings, a time limit of 5 minutes may be
implemented for each commentor.
    It is important to note that verbal comments hold the same weight
as written or electronically submitted comments. Although there will
not be a formal presentation, Commission staff will be available
throughout the comment session to answer your questions about the
environmental review process. Representatives from Cheniere Midstream
will also be present to answer project-specific questions.
    Please note this is not your only public input opportunity; please
refer to the review process flow chart in appendix 2.

Summary of the Planned Project

    Cheniere Midstream plans to construct and operate about 218.4 miles
of mainline and lateral natural gas pipeline and appurtenant facilities
from Okarche to Bennington, Oklahoma, and to lease approximately 353.0
miles of existing pipeline capacity.
    Zone 1 of the MIDSHIP Project would consist of the following
facilities in Oklahoma:
     Approximately 198.1 miles of new 36-inch-diameter mainline
pipeline in Kingfisher, Canadian, Grady, Garvin, Stephens, Carter,
Johnston, and Bryan Counties;
     approximately 20.3 miles of new 24-inch-diameter lateral
pipeline (referred to as the ``Chisholm Lateral'') in Kingfisher
County;
     three new compressor stations, totaling 124,710
horsepower, in Canadian, Garvin, and Bryan Counties;
     nine receipt and two delivery meter stations in
Kingfisher, Canadian, Grady, Garvin, and Bryan Counties; and
     other appurtenant facilities.
    Zone 2 of the MIDSHIP Project would involve 353.0 miles of existing
pipeline capacity leased from the Midcontinent Express Pipeline LLC,
and/or Gulf Crossing Pipeline Company LLC pipelines, operated by Kinder
Morgan and Boardwalk Pipeline Partners, LP, respectively.\2\ The
planned leased capacity would begin at Bennington, Oklahoma, and end at
interconnects in the Perryville Hub area near Tallulah, Louisiana.
---------------------------------------------------------------------------

    \2\ Cheniere Midstream will determine the system or systems on
which pipeline capacity would be leased prior to submission of a
certificate application.
---------------------------------------------------------------------------

    According to Cheniere Midstream, the two-zone system would provide
about 1.4 billion cubic feet of natural gas per day from the South
Central Oklahoma Oil Province (SCOOP) and Sooner Trend Anadarko Basin
Canadian and Kingfisher (STACK) plays in Oklahoma to growing Gulf Coast
markets via deliveries to existing market hubs near Atlanta, Texas and
Perryville, Louisiana. The general location of the planned project
facilities is shown in appendix 3.

Land Requirements for Construction

    Construction of the planned facilities would disturb about 3,003
acres of land for the new mainline, Chisholm Lateral, and aboveground
facilities. Cheniere Midstream would maintain about 1,431 acres for
permanent operation of the MIDSHIP Project's facilities following
construction; the remaining acreage would be restored and revert to
former uses. About 66 percent of the planned mainline route and about
93 percent of the Chisholm Lateral route parallel existing pipeline or
utility rights-of-way. Cheniere Midstream would not construct any new
facilities or facility expansions as part of Zone 2.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action

whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. NEPA also requires us \3\ to discover and
address concerns the public may have about proposals. This process is
referred to as scoping. The main goal of the scoping process is to
focus the analysis in the EIS on the important environmental issues. By
this notice, the Commission requests public comments on the scope of
the issues to address in the EIS. We will consider all filed comments
during the preparation of the EIS.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EIS we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     water resources, fisheries, and wetlands;
     vegetation and wildlife;
     endangered and threatened species;
     socioeconomics;
     land use;
     cultural resources;
     air quality and noise;
     public safety; and
     cumulative impacts.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
FERC receives an application. As part of our pre-filing review, we have
begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EIS.
    The EIS will present our independent analysis of the issues. We
will publish and distribute the draft EIS for public comment. After the
comment period, we will consider all timely comments and revise the
document, as necessary, before issuing a final EIS. To ensure we have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section, beginning
on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this project to formally cooperate with us in the
preparation of the EIS.\4\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Offices (SHPO), and to
solicit their views and those of other government agencies, interested
Native American tribes, and the public on the project's potential
effects on historic properties.\5\ We will define the project-specific
Area of Potential Effects (APE) in consultation with the SHPOs as the
project develops. On natural gas facility projects, the APE at a
minimum encompasses all areas subject to ground disturbance (examples
include construction right-of-way, contractor/pipe storage yards,
compressor stations, and access roads). Our EIS for this project will
document our findings on the impacts on historic properties and
summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \5\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the planned facilities, the
environmental information provided by Cheniere Midstream, and comments
received at the project open houses. This preliminary list of issues
may change based on your comments and our analysis:
     Impacts on water wells;
     threatened and endangered species;
     geological hazards; and
     pipeline route alternatives.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
    Copies of the completed draft EIS will be sent to the environmental
mailing list for public review and comment. If you would prefer to
receive a paper copy of the document instead of the CD version or would
like to remove your name from the mailing list, please return the
attached Information Request (appendix 4).

Becoming an Intervenor

    Once Cheniere Midstream files its application with the Commission,
you may want to become an ``intervenor,'' which is an official party to
the Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Motions to intervene are more fully described at
http://www.ferc.gov/resources/guides/how-to/intervene.asp. Instructions
for becoming an intervenor are in the ``Document-less Intervention
Guide'' under the ``e-filing'' link on the Commission's Web site.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF17-
3). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free

at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>. The eLibrary
link also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Public sessions or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.
    Finally, Cheniere Midstream has established toll-free telephone
numbers ((888) 214-7275 for general inquiries or<PHONE_NUMBER> for
landowner inquiries) and an email support address
<EMAIL_ADDRESS>so that parties can contact them directly with
questions about the project. You may also refer to Cheniere Midstream's
project Web site for additional information at http://www.cheniere.com/pipelines/midship/.

    Dated: January 27, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-02223 Filed 2-1-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 28017-28018]
[FR Doc No: 2011-11802]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

May 9, 2011.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-81-000.
    Applicants: Long Island Solar Farm, LLC.
    Description: Exempt Wholesale Generator Request of Long Island
Solar Farm, LLC.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5048.
    Comment Date: 5 p.m. Eastern Time on Friday, May 27, 2011.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2500-002.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35: Baseline Compliance Filing APS Tariff Volume No. 2 to be
effective 8/31/2010.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5085.
    Comment Date: 5 p.m. Eastern Time on Friday, May 27, 2011.

    Docket Numbers: ER11-2895-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits tariff filing per
35.17(b): Supplement to Rate Case to be effective 6/1/2011.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5069.
    Comment Date: 5 p.m. Eastern Time on Monday, May 16, 2011.

    Docket Numbers: ER11-2896-001.
    Applicants: NorthWestern Corporation.
    Description: Refund Report of Northwestern Corporation.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5193.
    Comment Date: 5 p.m. Eastern Time on Friday, May 27, 2011.

    Docket Numbers: ER11-3366-001.
    Applicants: Wildcat Power Holdings, LLC.

    Description: Wildcat Power Holdings, LLC submits tariff filing per
35.17(b): Wildcat Power Holdings LLC to be effective 5/6/2011.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5001.
    Comment Date: 5 p.m. Eastern Time on Friday, May 27, 2011.

    Docket Numbers: ER11-3535-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: U3-029 & U3-030--Original Service Agreement No. 2863
to be effective 4/6/2011.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5147.
    Comment Date: 5 p.m. Eastern Time on Friday, May 27, 2011.

    Docket Numbers: ER11-3537-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of PJM Interconnection, L.L.C.
    Filed Date: 05/06/2011.
    Accession Number: 20110506-5191.
    Comment Date: 5 p.m. Eastern Time on Friday, May 27, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 9, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-11802 Filed 5-12-11; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Vaping has changed my life. I began smoking at 18, and I would have been heading down a slippery slope to all types of smoking-related health problems if I had not discovered vaping. I am one of the fortunate few who escaped smoking within just a few years of beginning, and that is all due to vaping. It's often said that quitting smoking is one of the hardest things to do. It is, without a doubt. But, thanks to vaping, whenever I get the urge to smoke, I vape. Vaping saves me and those around me from all kinds of carcinogens. Vaping is saving my life and the lives of those I love to be around.

Nicotine is not a carcinogen. It is a stimulant, yes, but so is caffeine, which is not regulated with such harsh measures as the ones proposed for vaping.

 A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46086-46088]
[FR Doc No: 2019-18964]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2019-0029]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt six individuals from
the requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial motor vehicle (CMV) drivers have
``no established medical history or clinical diagnosis of epilepsy or
any other condition which

is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' The exemptions enable these individuals who have had
one or more seizures and are taking anti-seizure medication to operate
CMVs in interstate commerce.

DATES: The exemptions were applicable on June 18, 2019. The exemptions
expire on June 18, 2021.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2019-0029 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.

B. Privacy Act

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

II. Background

    On May 9, 2019, FMCSA published a notice announcing receipt of
applications from six individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (84 FR 20464.) The public comment
period ended on June 10, 2019, and one comments was received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would achieve
a level of safety equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The commenter
expressed his concerns that drivers with a history of seizure disorders
may have additional episodes of loss of consciousness. In response to
this comment, prior to deciding to grant these exemptions, FMCSA
considered each driver's health history and driving records to
determine that these drivers can operate a CMV at a level of safety
that meets or exceeds that of other drivers.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel
(MEP). The Agency conducted an individualized assessment of each
applicant's medical information, including the root cause of the
respective seizure(s) and medical information about the applicant's
seizure history, the length of time that has elapsed since the
individual's last seizure, the stability of each individual's treatment
regimen and the duration of time on or off of anti-seizure medication.
In addition, the Agency reviewed the treating clinician's medical
opinion related to the ability of the driver to safely operate a CMV
with a history of seizure and each applicant's driving record found in
the Commercial Driver's License Information System for commercial
driver's license (CDL) holders, and interstate and intrastate
inspections recorded in the Motor Carrier Management Information
System. For non-CDL holders, the Agency reviewed the driving records
from the State Driver's Licensing Agency (SDLA). A summary of each
applicant's seizure history was discussed in the May 9, 2019, Federal
Register notice (84 FR 20464) and will not be repeated in this notice.
    These six applicants have been seizure-free over a range of 15
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last 2 years. In each case, the
applicant's treating physician verified his or her seizure history and
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in Sec.
391.41(b)(8) is likely to achieve a level of safety equal to that
existing without the exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must remain seizure-free and maintain a stable treatment
during the 2-year exemption period; (2) each driver must submit annual
reports from their treating physicians attesting to the stability of
treatment and that the driver has remained seizure-free; (3) each
driver must undergo an annual medical examination by a certified ME, as
defined by Sec.  390.5; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy of his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for

presentation to a duly authorized Federal, State, or local enforcement
official.

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the six exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition, Sec.  391.41(b)(8), subject to the requirements cited
above:

Gary Bartels (SD)
Charles Davenport (TN)
Alan Finlayson (AL)
Gregory Long (CT)
John McFarland (VA)
Scott Schelske (SD)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

    Issued on: August 21, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18964 Filed 8-30-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: February 9, 2006 (Volume 71, Number 27)]
[Notices]
[Page 6801-6803]
[DOCID:fr09fe06-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53211; File No. SR-ISE-2006-08]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing of Proposed Rule Change Establishing Fees for
Historical Options Tick Market Data for Non-Members

February 2, 2006.
    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 February 1, 2006, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') 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 ISE.
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 ISE is proposing to amend its Schedule of Fees to establish
non-member fees for historical options tick market data.\3\ The text of
the proposed rule change is available at the Exchange, at the
Commission's Public Reference Room and at the Exchange's Web site:
http://www.iseoptions.com/legal/proposed_rule_changes.asp.

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    \3\ Historical options tick market data is Options Price
Reporting Authority (``OPRA'') tick data, a complete file, tick-by-
tick, of all quote and transaction data of all instruments
disseminated by OPRA during a trading day. OPRA tick data includes
data from all six options exchanges. On any given trading day, OPRA
tick data is publicly available and may be stored. The OPRA tick
data collected and stored by ISE is neither exclusive nor
proprietary to the Exchange.

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

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

1. Purpose
    Currently, the ISE creates market data that consists of options
quotes and orders that are generated by ISE members and all trades that
are executed on the Exchange. The ISE also produces a Best Bid/Offer,
or ``BBO,'' with the aggregate size from all outstanding quotes and
orders at the top price level, or the ``top of the book.'' This data is
formatted according to OPRA specification and sent to OPRA for
redistribution. OPRA processes ISE data along with the same data sets
from the other five options exchanges and creates a National BBO, or
``NBBO,'' from all six options exchanges.
    The ISE also captures the OPRA tick data \4\ and will make it
available as an ``end of day'' file \5\ or as a ``historical'' file \6\
for ISE members and non-ISE members alike. The instant proposed rule
change proposes to establish a fee for non-ISE members only. The
Exchange has also filed a separate proposed rule change, SR-ISE-2006-
07,\7\ that established fees for ISE members. The proposed fees for
both ISE members and non-ISE members are the same.
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    \4\ The Exchange collects this data throughout each trading day,
and by way of this proposed rule change, intends to market this
offering to both ISE members and the investing public. At the end of
each trading day, the Exchange compresses the data collected
throughout the day and uploads it onto a server. Once the data is
loaded onto the server, it will then be made available to
subscribers.
    \5\ An end of day file refers to OPRA tick data for a trading
day that is distributed prior to the opening of the next trading
day. An end of day file will be made available to subscribers as
soon as practicable at the end of each trading day on an on-going
basis pursuant to an annual subscription or through an ad-hoc
request.
    \6\ An end of day file that is distributed after the start of
the next trading day is called a historical file. A historical file
will be available to customers for a pre-determined date range by
ad-hoc requests only.
    \7\ Securities Exchange Act Release No. 53212 (February 2,
2006).
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    The Exchange conducted extensive market research to conclude that
OPRA tick data is primarily used by market participants in the
financial services industry for back-testing trading models, post-trade
analysis, compliance purposes and analyzing time and sales information.
By this proposed rule change (if approved), and proposed rule change
SR-ISE-2006-07,\8\ both non-ISE members and ISE members will have the
choice to subscribe to a service that provides a daily file on an on-
going basis (end of day file), or simply request data on an ad-hoc
basis for a pre-determined date range (historical file).
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    \8\ See id.
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2. Statutory Basis
    The ISE believes the basis under the Act for this proposed rule
change is the requirement under section 6(b)(4) \9\ that an exchange
have an equitable allocation of reasonable dues, fees and other charges
among its members and other persons using its facilities. The Exchange
developed and conducted a comprehensive survey of a cross-section of
participants in the financial services industry regarding their level
of interest in a number of market data offerings. Based on the results
of that survey, the Exchange developed a business plan to create and
offer a number of market data products targeted to potential user
groups, e.g., individual investors, institutional investors, broker-
dealers, etc. The Exchange also retained a consultant to validate the
business plan and to provide advice on the structure and amount of fees
to charge for these products. Based on all of this information, the
Exchange established a pricing structure for historical options tick
data that is based on both a subscription and a non-subscription basis.
With an annual subscription, non-ISE members would pay a flat monthly
fee to subscribe to a daily file of OPRA tick data. Alternatively, non-
ISE members that want a limited amount of data and do not want an
annual subscription would have the ability to submit ad-hoc requests
for the limited amount of data that they require based on daily
periods. Under the ad-hoc structure, non-ISE members would pay a fixed
amount per day plus a processing fee for the hardware and shipping
costs associated with these requests. Further, the Exchange believes
that these pricing levels for the proposed market data offering would
provide non-ISE members with an ability to choose a plan that best
suits their needs. The Exchange believes the proposed rule filing would
provide market participants with an opportunity to obtain historical
options tick data in furtherance of their investment decisions.
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    \9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change will not 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

    The Exchange has neither solicited nor received comments on the
proposed rule change. The ISE has not received any unsolicited written
comments from members or other interested parties.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.
    The ISE has requested accelerated approval of the proposed rule
change. While the Commission will not grant accelerated approval at
this time, the Commission will consider granting accelerated approval
of the proposal at the close of the abbreviated comment period of 15
days from the date of publication of the proposal in the Federal
Register.

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-ISE-2006-08 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-ISE-2006-08. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the ISE.
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-ISE-2006-08
and should be submitted on or before February 24, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-1752 Filed 2-8-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Rules and Regulations]
[Page 45093]
[FR Doc No: 2014-18360]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-1036]

Special Local Regulations; Recurring Marine Events in Captain of
the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce one special local regulation for
a regatta in the Sector Long Island Sound area of responsibility on
October 5, 2014. This action is necessary to provide for the safety of
life on navigable waterways during the event. During the enforcement
period, no person or vessel may enter the regulated area without
permission of the Captain of the Port (COTP) Sector Long Island Sound
or designated representative.

DATES: The regulations for the marine event listed in the Table to 33
CFR 100.100(1.4) will be enforced on October 5, 2014 from 5:30 a.m.
through 5:30 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer Ian Fallon, Waterways Management Division,
U.S. Coast Guard Sector Long Island Sound; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation listed in 33 CFR 100.100(1.4) on the specified date
and times as indicated below. The final rule establishing this special
local regulation was published in the Federal Register on May 24, 2013
(78 FR 31402).

1.4 Riverfront Regatta, Hartford, CT......   Event type:
                                             Regatta.
                                             Date: October 5,
                                             2014.
                                             Time: 5:30 a.m. to
                                             5:30 p.m.
                                             Location: All water
                                             of the Connecticut River,
                                             Hartford, CT, between the
                                             Putnum Bridge 41[deg]42.87'
                                             N 072[deg]38.43' W and the
                                             Riverside Boat House
                                             41[deg]46.42' N
                                             072[deg]39.83' W (NAD 83).

    Under the provisions of 33 CFR 100.100, the regatta listed above is
established as a special local regulation. During the enforcement
period, persons and vessels are prohibited from entering into,
transiting through, mooring, or anchoring within the regulated area
unless they receive permission from the COTP or designated
representative.
    This notice is issued under authority of 33 CFR 100 and 5 U.S.C.
552(a). In addition to this notice in the Federal Register, the Coast
Guard will provide the maritime community with advance notification of
this enforcement period via the Local Notice to Mariners or marine
information broadcasts. If the COTP determines that the regulated area
need not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: July 14, 2014,
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2014-18360 Filed 8-1-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Notices]
[Pages 19726-19727]
[FR Doc No: 2022-07082]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2021-0486]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Safety
Assurance System (SAS) External Portal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on July 16, 2021. The collection involves the use of the SAS
external portal which is a web-based tool developed for applicants and
certificate holders (also referred to as external users) to exchange
information with Flight Standards (FS) employees. The information to be
collected will be used to collaborate and communicate with their FS
counterparts regarding initial certification applications, and
requesting new programs for acceptance and approval.

DATES: Written comments should be submitted by May 5, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Wendy Johnson by email at:
[email protected]; phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0774.
    Title: Safety Assurance System (SAS) External Portal.
    Form Numbers: List of the following web-based forms:
     Submitting a Preapplication Statement of Intent (PASI)
Form (FAA Form 8400-6) (14 CFR parts 121, 135 and 141);
     Submitting an Application for Repair Station (FAA Form
8310-3) (14 CFR part 145);

     Submitting an Application for Aviation Maintenance School
Certificate and Ratings Application (FAA Form 8310-6) (14 CFR part 147)
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on July 16, 2021 (FR 2021-0486). The SAS external portal
is a web-based tool developed for applicants and certificate holders
(also referred to as external users) to exchange information with
Flight Standards (FS) employees, primarily the Certification Project
Managers (CPMs), Principal Inspectors (PIs) and Training Center Program
Managers (TCPMs). SAS external portal creates the ability for our
external users to collaborate and communicate with their FS
counterparts in the execution of the following functions:
     Submitting a Preapplication Statement of Intent (PASI)
Form (FAA Form 8400-6) (14 CFR parts 121, 135 and 141);
     Submitting an Application for Repair Station (FAA Form
8310-3) (14 CFR part 145);
     Submitting an Application for Aviation Maintenance School
Certificate and Ratings Application (FAA Form 8310-6) (14 CFR part
147);
     Submitting a Letter of Intent (14 CFR part 142);
     Submitting Element Design (ED) data collection tools
(DCTs); and,
     Sharing of other documentation as needed.
    Benefits to the certificate holder or applicant to use the external
portal include:
     Ease of submission and expedited processing and tracking
of documents/requests;
     Documents/requests are sent directly to the FS employees,
which eliminates wait time for the entry of information by the PI/CPM;
and,
     Access to DCTs.
    Respondents: Applicant respondents--922. Certificate Holder
respondents--7892.
    Frequency: On occasion.
    Estimated Average Burden per Response: Applicant respondents--135
hours. Certificate Holder respondents--90 hours.
    Estimated Total Annual Burden: Applicants $7,027,935. Certificate
Holders $40,104,456.

    Issued in Minneapolis, MN on March 30, 2022.
Wendy I Johnson,
Assistant Program Office Manager, System Approach for Safety Oversight
(SASO) Program Office, AFS-910.
[FR Doc. 2022-07082 Filed 4-4-22; 8:45 am]
BILLING CODE 4910-13-P