[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Proposed Rules]
[Pages 4919-4921]
[FR Doc No: 2020-01347]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2019-0028]
RIN 1625-AA01

Anchorage; Galveston Harbor, Bolivar Roads Channel, Galveston, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a 48-hour time limit
in Anchorage Area (B) in Bolivar Roads near Galveston, Texas. Currently
anchorage areas (A) and (C) in the Bolivar Roads Channel have a 48-hour
time limit, however anchorage (B) does not. This has resulted in
vessels remaining in anchorage (B) for extended periods, blocking other
vessels with pressing logistical needs, adversely affecting commerce
and impacting navigational safety. Except when stress of weather makes
sailing impractical or hazardous, under this proposed rule, vessels
would not be permitted to anchor in anchorage area (B) for more than 48
hours unless expressly authorized by the Captain of the Port Houston-
Galveston. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before February 27, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0028 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Sarah Rousseau or LT Nathaniel
Clinger, Sector Houston-Galveston Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>/4782, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DC District Commander
DHS Department of Homeland Security
FR Federal Register
HSC Lone Star Harbor Safety Committee
LCDR Lieutenant Commander
LT Lieutenant
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
VTS Coast Guard Vessel Traffic Service Houston/Galveston

II. Background, Purpose, and Legal Basis

    On October 11, 2018, the Texas Lone Star Harbor Safety Committee
requested a regulatory change to the Galveston Harbor Bolivar Roads
Anchorage area (B). The HSC submitted a recommendation to the Sector
Houston-Galveston Captain of the Port that Anchorage area (B) be
regulated under the same 48-hour time limit as the adjacent Anchorage
areas (A) and (C). The HSC developed a working group, the Anchorage
Working Group, to assess the optimal ways to use the anchorage to
facilitate safety and efficiency within the port.
    The purpose of this rulemaking is to align the Galveston Harbor
Bolivar Roads Anchorage area (B) to the adjacent anchorages, necessary
to address port congestion and navigation safety concerns. The local
VTS will continue to monitor and control vessel movement within the
Anchorage area (B); in addition, the VTS will be allowed to grant
extensions for extenuating circumstances. The Coast Guard is proposing
to revise 33 CFR 110.197 to establish the 48-hour time limit in the
Anchorage area (B). Given the limited anchorage space available, the
anchorage will improve the safety of vessels operating, transiting, or
anchored and moored in the vicinity, and provide for the overall safe
and efficient flow of vessel traffic and commerce in the area.
    The legal basis and authorities for this notice of proposed
rulemaking are found in 33 U.S.C. 471 which authorizes the Coast Guard
to propose, establish, and define regulatory anchorages.

III. Discussion of Proposed Rule

    The Commander of the Coast Guard Eighth District is proposing to
establish a 48-hour anchorage time limit in the Galveston Harbor
Bolivar Roads Anchorage area (B). This 48-hour

restriction currently applies to the Galveston Harbor Bolivar Roads
Anchorage areas (A) and (C). The proposed regulation would revise 33
CFR 110.197(b)(2), to include Anchorage area (B). The local Coast Guard
VTS will monitor the anchorage and adhere to existing language within
the regulation. The proposed regulatory text appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the anchorage
duration of vessels in a previously established anchorage ground. This
regulation will have a positive impact on vessel traffic of the
waterway, increasing the efficiency of the limited inshore anchorage
space for Houston and Galveston.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    The number of small entities impacted and the extent of the impact,
if any, is expected to be minimal. The anchorage area is located in an
area of Bolivar Roads that is not a popular or productive fishing
location. Further, the location is in an area not routinely transited
by vessels heading to, or returning from, known fishing grounds.
Finally, the anchorage is located in an area that is not currently used
by small entities, including small vessels, for anchoring due to the
depth of water naturally present in the area.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
establishing a 48-hour anchor time limit in the Galveston Harbor
Bolivar Roads Anchorage area B. Normally such actions are categorically
excluded from further review under paragraph L59(b) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
A preliminary Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://

www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 110

    Anchorage Grounds.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  110.197 paragraph (b)(2) to read as follows:

Sec.  110.197  Galveston Harbor, Bolivar Roads Channel, Texas.

* * * * *
    (b) * * *
    (2) Except when stress of weather makes sailing impractical or
hazardous, vessels shall not anchor in anchorage areas (A), (B), or (C)
for more than 48 hours unless expressly authorized by the Captain of
the Port Houston-Galveston. Permission to anchor for longer periods may
be obtained through Coast Guard Vessel Traffic Service Houston/
Galveston on VHF-FM channels 12 (156.60 MHz) or 13 (156.65 MHz).
* * * * *

    Dated: January 3, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-01347 Filed 1-27-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75342-75343]
[FR Doc No: 2013-29503]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0342; FRL-9904-08-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Lime Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Lime Manufacturing
(40 CFR Part 63, subpart AAAAA) '' (EPA ICR No. 2072.05, OMB Control
No. 2060-0544), to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act (44 U.S.C.
3501 et seq). This is a proposed extension of the ICR, which is
currently approved through March 31, 2014. Public comments were
previously requested via the Federal Register (78 FR 33409) on June 4,
2013, during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently-
valid OMB control number.

DATES: Additional comments may be submitted on or before January 10,
2014.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0342, to: (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.

    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 63, subpart
AAAAA. Owners or operators of the affected facilities must submit a
one-time-only report of any physical or operational changes, initial
performance tests, and periodic reports and results. Owners or
operators are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. At a minimum, reports are required semiannually.
    Form Numbers: None.
    Respondents/affected entities: Lime manufacturing plants.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart AAAAA).
    Estimated number of respondents: 65 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 15,424 hours (per year). ``Burden'' is
defined at 5 CFR 1320.3(b).
    Total estimated cost: $1,820,338 (per year), includes $311,610 in
either annualized capital and/or operation & maintenance costs.
    Changes in the Estimates: There is an adjustment increase in the
respondent and Agency burden from the most recently approved ICR due to
an increase in the number of new or modified sources. This ICR assumes
an industry growth rate of one respondent per year, which results in an
average increase of three respondents since the last ICR renewal
period. The burden increase also occurred due to a correction on burden
calculation. In the previous ICR, the hours required for acquisition,
installation, and utilization of technology and systems; reading
instructions, and required activities were omitted.
    There is also an increase in capital and O&M costs. The previous
ICR used annualized costs which underestimated the initial costs
associated with a performance test. This ICR uses the actual costs
associated with a Method 5 performance test.

Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. 2013-29503 Filed 12-10-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 27, 2009 (Volume 74, Number 58)]
[Notices]
[Page 13427]
[DOCID:fr27mr09-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13249-001]

North Eden Hydro, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

March 23, 2009.
    a. Type of Filing: Notice of intent to file license application and
request to use the traditional licensing process.
    b. Project No.: 13249-001.
    c. Date Filed: January 22, 2009.
    d. Submitted by: North Eden Hydro, LLC.
    e. Name of Project: North Eden Pumped Storage Hydroelectric
Project.
    f. Location: The project would be located in North Eden Canyon on
the eastern side of Bear Lake in Rich County, Utah. The project would
not occupy any Federal lands.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Brent Smith, Symbiotics, LLC, P.O.
Box 535, Rigby, ID 83442;<PHONE_NUMBER>;
<EMAIL_ADDRESS>    i. FERC Contact: Steve Hocking,<PHONE_NUMBER> or by e-mail at
<EMAIL_ADDRESS>    j. North Eden Hydro, LLC filed its request to use the Traditional
Licensing Process on January 22, 2009. North Eden Hydro, LLC issued a
public notice of its request on January 7, 2009. In a letter dated
March 23, 2009, the Director of the Office of Energy Projects approved
North Eden Hydro, LLC's request to use the Traditional Licensing
Process.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act and the joint agency regulations thereunder at
50 CFR, Part 402; and (b) the Utah State Historic Preservation Officer,
as required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. North Eden Hydro, LLC filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    m. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    n. Register online at http://ferc.gov/esubscribenow.htm to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-6874 Filed 3-26-09; 8:45 am]


[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 9083-9084]
[FR Doc No: 2018-04214]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0056; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2007 Jeep Wrangler Multipurpose Passenger Vehicles Are
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
model year (MY) 2007 Jeep Wrangler Multipurpose Passenger Vehicles
(MPV) manufactured before September 1, 2007, that were not originally
manufactured to comply with all applicable Federal motor vehicle safety
standards (FMVSS) are eligible for importation into the United States
because they are substantially similar to vehicles that were originally
manufactured for sale in the United States and that were certified by
their manufacturer as complying with the safety standards, specifically
the U.S.-certified version of the 2007 Jeep Wrangler MPV manufactured
before September 1, 2007, and they are capable of being readily altered
to conform to the standards.

DATES: The closing date for comments on the petition is April 2, 2018.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice. DOT's complete Privacy Act Statement is
available for review in a Federal Register notice published on April
11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:
    I. History: Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that
was not originally manufactured to conform to all applicable FMVSS (49
CFR 571) shall be refused admission into the United States unless NHTSA
has decided that the motor vehicle is substantially similar to a motor
vehicle originally manufactured for importation into and sale in the
United States, certified under 49 U.S.C. 30115, and of the same model
year as the model of the motor vehicle to be compared, and is capable
of being readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7 Processing of Petitions,
NHTSA publishes notice in the Federal Register of each petition that it
receives, and affords interested persons an opportunity to comment on
the petition. At the close of the comment period, NHTSA decides, on the
basis of the petition and any comments that it has received, whether
the vehicle is eligible for importation. The agency then publishes this
decision in the Federal Register.
    II. Summary of Petition: Wallace Environmental Testing
Laboratories, Inc. (WETL) of Houston, Texas (Registered Importer R-90-
005) has petitioned NHTSA to decide whether nonconforming 2007 Jeep
Wrangler Multipurpose Passenger Vehicles (MPV)

manufactured before September 1, 2007 are eligible for importation into
the United States. The vehicles which WETL believes are substantially
similar are MY 2007 Jeep Wrangler MPV manufactured before September 1,
2007, sold in the United States, and certified by their manufacturer as
conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified MY 2007
Jeep Wrangler MPV manufactured before September 1, 2007 to their U.S.-
certified counterparts, and found the vehicles to be substantially
similar with respect to compliance with most FMVSS.
    WETL submitted information with its petition intended to
demonstrate that non-U.S. certified MY 2007 Jeep Wrangler MPV
manufactured before September 1, 2007, as originally manufactured,
conform to many applicable FMVSS in the same manner as their U.S.-
certified counterparts, or are capable of being readily altered to
conform to those standards.
    Specifically, the petitioner claims that the non U.S.-certified MY
2007 Jeep Wrangler MPV manufactured before September 1, 2007, as
originally manufactured, conforms to the following standards: FMVSS
Nos. 102 Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect, 103 Windshield Defrosting and Defogging
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses,
108 Lamps, Reflective Devices, and Associated Equipment, 109 New
Pneumatic and Certain Specialty Tires, 111 Rearview Mirrors, 113 Hood
Latch System, 114 Theft Protection and Rollaway Prevention, 116 Motor
Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and Roof
Panel Systems, 124 Accelerator Control Systems, 135 Light Vehicle Brake
Systems, 201 Occupant Protection in Interior Impact, 202 Head
Restraints, 203 Impact Protection for the Driver from the Steering
Control System, 204 Steering Control Rearward Displacement, 205 Glazing
Materials, 206 Door Locks and Door Retention Components, 207 Seating
Systems, 208 Occupant Crash Protection, 210 Seat Belt Assembly
Anchorages, 212 Windshield Mounting, 214 Side Impact Protection, 216
Roof Crush Resistance, 219 Windshield Zone Intrusion, 225 Child
Restraint Anchorage Systems, 301 Fuel System Integrity, and 302
Flammability of Interior Materials.
    The petitioner also contends that the subject non-U.S. certified
vehicles are capable of being readily altered to meet the following
standard, in the manner indicated:
    Standard No. 101 Controls and Displays: Installation of the U.S.
version of the instrument cluster, or changing the faceplate to include
the word ``brake'' on the brake system malfunction telltale.
    Standard No. 110 Tire Selection and Rims: Installation of the
required tire information placard.
    The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicle near the left windshield pillar to
meet the requirements of 49 CFR part 565, and that a Registered
Importer Certification Label must be affixed to the vehicle in the
driver's side door jamb to satisfy the requirements of 49 CFR part 567.
    III. Comments: All comments received before the close of business
on the closing date indicated above will be considered, and will be
available for examination in the docket at the above addresses both
before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Notice of final action
on the petition will be published in the Federal Register pursuant to
the authority indicated below.

    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Claudia Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-04214 Filed 3-1-18; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]
[Page 51142-51145]
[DOCID:fr18au10-170]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62710; File No. SR-Phlx-2010-109]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. To Amend
Exchange Rules Related to the Cut-Off Time for Contrary Exercise Advice
Submissions

August 12, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on August 3, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or
``Exchange'') filed with the

Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II, 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 the
Substance of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to amend Rule
1042 (Exercise of Equity Options Contracts) to extend the cut-off time
to submit contrary exercise advices (``Contrary Exercise Advices'' or
``CEAs'') \3\ to the Exchange. The Exchange also proposes to make
certain non-substantive changes to reorganize the text of Rule 1042 to
more clearly present the existing requirements and to eliminate
duplicative language.\4\
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    \3\ Contrary Exercise Advices are also referred to as Expiring
Exercise Declarations (``EED'') in the rules of The Options Clearing
Corporation.
    \4\ An Exchange Rule may have an Options Floor Procedure Advice
(``OFPA'' or ``Advice'') that corresponds to the rule. OFPA F-35
(Violations of Exercise and Exercise Advice Rules for Noncash-
Settled Equity Option Contracts) is a corresponding Advice to Rule
1042 and is part of the Exchange's minor rule plan. The Exchange's
minor rule plan consists of Advices with preset fines, pursuant to
Rule 19d-1(c) under the Act. 17 CFR 240.19d-1(c). For exercise
procedures in respect of index option contracts, see Rule 1042A
(Exercise of Option Contracts) and corresponding OFPA G-1 (Index
Options Exercise Advice Forms). The Exchange is not proposing any
changes to Rule 1042A or OFPAs F-35 or G-1.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, at the principal office of the Exchange, on the Commission's
Web site at http://www.sec.gov, 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 purpose of this proposal is to make changes to Rule 1042 to
extend the cut-off time to submit Contrary Exercise Advices; to extend
exercise cut-off deadlines to Quarterly Options Series; and to make
certain non-substantive changes to reorganize the text of Rule 1042 to
more clearly present the existing requirements and to eliminate
duplicative language.\5\
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    \5\ The Exchange proposes to reorganize the current rule text of
Rule 1042 so that the requirement that exercise decisions must be
made by 5:30 p.m. is specified in paragraph (c), while the
requirements pertaining to submitting CEA instructions are contained
in new paragraph (d). The language in new paragraph (d) is comprised
of language moved from paragraph (b)(ii) and paragraph (c) of the
current rule. The Exchange also proposes to eliminate Supplementary
Material .04 to Rule 1042 because it is duplicative of the language
contained in paragraph (c) of the current rule and paragraph (d) in
the proposal.
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Background
    The Options Clearing Corporation (``OCC'') has an established
procedure, under OCC Rule 805, that provides for the automatic exercise
of certain options that are in-the-money by a specified amount known as
``Exercise-by-Exception'' or ``Ex-by-Ex.'' Under the Ex-by-Ex process,
options holders holding option contracts that are in-the-money by a
requisite amount and who wish to have their contracts automatically
exercised need take no further action. However, under OCC Rule 805,
option holders who do not want their options automatically exercised or
who want their options to be exercised under different parameters than
that of the Ex-by-Ex procedures must instruct OCC of their ``contrary
intention.''
    In addition to and separately from the OCC requirement, under
Exchange Rule 1042 option holders must file a CEA with the Exchange
notifying it of the contrary intention. Rule 1042 is designed, in part,
to deter individuals from taking improper advantage of late breaking
news by requiring evidence of an option holder's timely decision to
exercise or not exercise expiring equity options. Members satisfy this
evidentiary requirement by submitting a CEA form to the Exchange, or by
electronically submitting the CEA to the Exchange through OCC's
electronic communications system. The submission of the CEA allows the
Exchange to satisfy its regulatory obligation to verify that the
decision to make a contrary exercise was made timely and in accordance
with Rule 1042.
    Currently under Rule 1042, option holders have until 5:30 p.m.\6\
on the day prior to expiration to make a final decision to exercise or
not exercise an expiring option that would otherwise either expire or
be automatically exercised. An Exchange member may not accept CEA
instructions from its customer or non customer accounts after 5:30 p.m.
However, the current rule gives Exchange members an additional one
hour, up to 6:30 p.m., to submit these CEA instructions to the Exchange
where such members use an electronic submission process.\7\
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    \6\ Referenced times are Eastern Standard Time (EST).
    \7\ Rule 1042 indicates that if members do not employ an
electronic submission procedure, they are required to submit CEAs
for non-customer accounts by the 5:30 p.m. deadline. This deadline
for manual submission is required in order to prevent firms from
improperly extending the 5:30 p.m. deadline to exercise or not
exercise an option. This requirement is based on the difficulty in
monitoring a manual procedure that has different times for deciding
whether or not to exercise the option and for the submission of the
CEA.
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    This current process allowing members an additional one hour after
the decision making cut off time of 5:30 p.m. to submit a CEA to the
various options exchanges was approved by the Commission in 2003 for
the existing options exchanges; \8\ and for an additional options
exchange in 2008.\9\ When initially approved in 2003, the Ex-by-Ex
thresholds were $0.75 for customers and $0.25 for broker-dealer
accounts. In 2009, the Ex-by-Ex threshold was $0.01 for all accounts.
This decrease in the Ex-by-Ex threshold, coupled with the dramatic
increase in option trading volume from 2003 to 2009, has led to a
larger number of CEA instructions and has increased the burden on firms
to process and submit instructions timely.
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    \8\ See Securities Exchange Act Release Nos. 47885 (May 16,
2003), 68 FR 28309 (May 23, 2003) (SR-Amex-2001-92); 48505
(September 17, 2003), 68 FR 55680 (September 26, 2003) (SR-ISE-2003-
20); 48640 (October 16, 2003), 68 FR 60757 (October 23, 2003) (SR-
PCX-2003-47); and 48639 (October 16, 2003), 68 FR 60764 (October 23,
2003) (SR-Phlx-2003-65).
    \9\ See Securities Exchange Act Release No. 57478 (May 12,
2008), 73 FR 14521 (March 18, 2008) (SR-NASDAQ-2007-004 and SR-
NASDAQ-2007-080).
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The Proposals
    The Exchange proposes to extend the current 6:30 p.m. deadline in
Rule 1042 for submitting CEA instructions to the Exchange by one
additional hour, up to 7:30 p.m. The Exchange believes that this
proposed rule change is necessary to address concerns expressed by
members that, given the decrease in the Ex-by-Ex threshold and the
increase in

trading, the existing deadline for submitting CEAs to the Exchange is
problematic for timely back-office processing. The proposed additional
one hour will address this concern by further enabling firms to more
timely manage, process, and submit the instructions to the Exchange.
    The Exchange also proposes to modify the language in paragraph (g)
of the current rule (new paragraph (h)), which allows a member up to 2
hours and 30 minutes to submit a CEA to the Exchange in the event of a
modified close of trading on the day of expiration, by removing the two
hour and thirty minute restriction and allowing a member to submit a
CEA to the Exchange in the event of a modified close of trading of up
to the proposed 7:30 p.m. deadline. This will make consistent the
submission deadline for both regular and modified close expiration
days. Moreover, this will provide uniformity with submission deadlines
for both regular and modified close expiration days which will remove
any possibility for error when determining what the submission deadline
is on any modified close expiration day.
    It is important to note that this proposed submission deadline does
not change the substantive requirement that option holders make a final
decision by 5:30 p.m. The Exchange will continue to enforce the 5:30
p.m. decision making requirement, while also allowing additional time
to process and submit the CEA instructions. This proposal seeks to
increase that additional submission time by one hour, and the Exchange
believes that this proposal will be beneficial to the marketplace,
particularly as it concerns back-office processing. This proposed
additional processing time and Exchange submission deadline will not
conflict with OCC submission rules or cause any OCC processing issues.
The initiative to address Exchange member concerns is industry-wide,
and the Exchange anticipates that other options exchanges will also
propose a one hour extension for which they will accept a CEA.\10\
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    \10\ The Commission approved a rule change proposal of the
International Stock Exchange LLC (``ISE'') related to extension of
the cutoff time for CEA submissions. See Securities Exchange Act
Release No. 61710 (March 15, 2010), 75 FR 13636 (March 22, 2010)
(SR-ISE-2010-02) (order approving). The Exchange's rule change
proposal is based on SR-ISE-2010-02, and the Exchange believes that
other options exchanges will submit similar filings to the
Commission.
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    The Exchange also proposes to impose the same cutoff deadlines in
Rule 1042(c) to QOS as to non-QOS (e.g. equity) options. QOS are listed
and traded on the Exchange pursuant to Rule 1012 (Series of Options
Open for Trading). The proposed change reflects the applicability of
CEA cut-off deadlines to QOS options and conforms Rule 1042 with Rule
1012 and with the CEA rules of other options exchanges.\11\
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    \11\ See, e.g., ISE Rule 1100(c).
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    The Exchange recognizes that the industry-wide scope of the
Exchange's rule change proposal and other similar proposals will
require coordinated effectiveness of the expansion to 7:30 p.m. If the
operative date of this proposed rule change is more than five business
days prior to the date of the next expiration Friday, i.e. the third
Friday of the month (``Expiration Friday''),\12\ the Exchange will
implement its proposed rule change so as to be effective for that
Expiration Friday. If the operative date of this proposed rule change
is five business days or less prior to the date of the next Expiration
Friday, the Exchange will implement the rule change so as to be
effective for the following Expiration Friday. The Exchange will notify
its Participants of the implementation date of the rule change via an
Options Regulatory Alert (``ORA'') or Options Trader Alert (``OTA'').
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    \12\ For example, Expiration Friday for August 2010 options will
be August 20, 2010, and Expiration Friday for September options will
be September 17, 2010.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \13\ in general, and furthers the objectives of Section
6(b)(5) of the Act \14\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system. This proposed rule
change will foster coordination with back office personnel engaged in
processing information and is consistent with the facilitating of
transactions in securities as set forth in Section 6(b)(5), by
providing Exchange members an additional hour within which to complete
the necessary processing of CEAs and thereby decreasing Exchange
members' burden of processing an increasing number of contrary exercise
advices and enabling them to more easily manage and process these
instructions.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    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.

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-Phlx-2010-109 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-Phlx-2010-109. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
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 publicly available. All
submissions should refer to File Number SR-Phlx-2010-109 and should be
submitted on or before September 8, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20471 Filed 8-17-10; 8:45 am]
BILLING CODE 8010-01-P


18003 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [ OAR   2002   0053, FRL   7476   6]

RIN 2060   AK35 Standards of Performance for Stationary Gas Turbines AGENCY: Environmental Protection Agency ( EPA). ACTION: Proposed rule; amendments.

SUMMARY: This action proposes amendments to several sections of the standards of performance for stationary gas turbines in 40 CFR part 60, subpart GG. The proposed amendments would codify several alternative testing and monitoring procedures that have routinely been approved by EPA. The proposed amendments would also reflect changes in nitrogen oxides ( NOX) emission control technologies and turbine design since the standards were originally promulgated. In the rules and regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view this action as noncontroversial, and we anticipate no adverse comments. We have explained our reasons for the amendments in the preamble to the direct final rule. If we receive no adverse comments, we will take no further action on the proposed amendments. If we receive adverse comments, we will withdraw only those provisions on which we received adverse comments and they will not take effect. We will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. If part or all of the direct final rule amendments in the rules and regulations section of this Federal Register are withdrawn, all comments pertaining to those provisions will be addressed in a subsequent final action based on the proposed amendments. We will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time. DATES: Comments. Submit comments on or before May 14, 2003, or 30 days after the date of a public hearing, if one is held. Public Hearing. If anyone contacts the EPA requesting to speak at a public hearing by April 24, 2003. A public hearing will be held on May 14, 2003. Incorporation by Reference. The incorporation by reference of certain publications in the proposed rule amendments will be approved by the Director of the Office of the Federal Register as of April 14, 2003. ADDRESSES: Comments. By U. S. Postal Service, send comments ( in duplicate, if possible) to: Air and Radiation Docket and Information Center ( 6102T), Attention Docket ID No. OAR   2002   0053, U. S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. In person or by courier, deliver comments ( in duplicate, if possible) to: Air and Radiation Docket and Information Center ( 6102T), Attention Docket ID No. OAR   2002   0053, Room B   108, U. S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460. We request a separate copy of each public comment be sent to the contact person listed below ( see FOR FURTHER INFORMATION CONTACT). Public Hearing. If a public hearing is held, it will be held at the New EPA Facility Complex in Research Triangle Park, North Carolina beginning at 10 a. m. Docket. Docket ID No. OAR   2002   0053 contains supporting information used in developing the proposed amendments. The docket is located at the U. S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460, Room B   108, and may be inspected from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Jaime Paga ´ n, Combustion Group, Emission Standards Division ( C439   01), U. S. EPA, Research Triangle Park, North Carolina 27711; telephone number ( 919) 541   5340; facsimile number ( 919) 541   5450; electronic mail address pagan. jaime@ epa. gov.

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially regulated by this action are those that own and operate stationary gas turbines, and are the same as the existing rule in 40 CFR part 60, subpart GG. Regulated categories and entities include:

Category NAICS SIC Examples of regulated entities Any industry using a stationary combustion turbine as defined in the direct final rule. 2211 486210 4911 4922 Electric services. Natural gas transmission. 211111 1311 Crude petroleum and natural gas. 211112 1321 Natural gas liquids. 221 4931 Electric and other services, combined.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria in § 60.330 of the final rule. If you have questions regarding the applicability of this action to a particular entity, consult the contact person listed in the preceding FOR FURTHER INFORMATION CONTACT section. Docket. The EPA has established an official public docket for this action under Docket ID No. OAR   2002   0053. The official public docket is the collection of materials that is available for public viewing at the U. S. EPA, 1301 Constitution Avenue, NW., Room B   108, Washington, DC 20460. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744. The telephone number for the Air Docket is ( 202) 566   1742. Electronic Access. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or review public comments, access the index of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket identification number. Certain types of information will not be placed in the EPA dockets. Information claimed as confidential business information ( CBI) and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. The EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed paper form in VerDate Jan< 31> 2003 14: 11 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14APP2. SGM 14APP2 18004 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Proposed Rules the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in this document. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. You may submit comments electronically, by mail, by facsimile, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments submitted after the close of the comment period will be marked `` late.'' The EPA is not required to consider these late comments. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. The EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket and follow the online instructions for submitting comments. Once in the system, select `` search'' and then key in Docket ID No. OAR   2002   0053. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. Comments may be sent by electronic mail ( e mail) to air and rdocket epa. gov, Attention Docket ID No. OAR   2002   0053. In contrast to EPA's electronic public docket, EPA's email system is not an `` anonymous access'' system. If you send an e mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket and made available in EPA's electronic public docket. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in this document. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. By Mail. Send your comments ( in duplicate, if possible) to: EPA Docket Center ( 6102T), Attention Docket ID No. OAR   2002   0053, U. S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. By Hand Delivery or Courier. Deliver your comments ( in duplicate, if possible) to: Air and Radiation Docket, Attention Docket ID No. OAR   2002   0053, U. S. EPA, 1301 Constitution Avenue, NW., Room B   108, Washington, DC 20460. Such deliveries are only accepted during the Docket Center's normal hours of operation as identified in this document. We request that a separate copy also be sent to the contact person listed under FOR FURTHER INFORMATION CONTACT. By Facsimile. Fax your comments to: ( 202) 566   1741, Attention Docket ID No. OAR   2002   0053. CBI. Do not submit information that you consider to be CBI through EPA's electronic public docket or by e mail. Send or deliver information identified as CBI only to the following address: OAQPS Document Control Officer ( C404   02), Attention: Mr. Jaime Pagan, U. S. EPA, 109 TW Alexander Drive, Research Triangle Park, NC 27711, Attention Docket ID No. OAR   2002   0053. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Public Hearing. Persons interested in presenting oral testimony or inquiring as to whether a hearing is to be held should contact Ms. Kelly Hayes, Combustion Group, Emission Standards Division ( C439   01), Research Triangle Park, NC 27711, telephone number ( 919) 541   5578, at least two days in advance of the potential date of the public hearing. Persons interested in attending the public hearing must also call Ms. Hayes to verify the time, date, and location of the hearing. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning these proposed emission standards. Worldwide Web ( WWW). In addition to being available in the docket, an electronic copy of today's proposal will also be available on the WWW through the Technology Transfer Network ( TTN). Following signature, a copy of this action will be posted on the TTN's policy and guidance page for newly proposed rules at http:// www. epa. gov/ ttn/ oarpg. The TTN provides information and technology exchange in various areas of air pollution control. If more information regarding the TTN is needed, call the TTN HELP line at ( 919) 541   5384. Direct Final Rule. A direct final rule to this proposal is published in the rules and regulations section of this Federal Register. If we receive any adverse comment pertaining to one or more distinct amendments in the proposal, we will publish a timely notice in the Federal Register informing the public which amendments will become effective and which amendments are being withdrawn due to adverse comment. We will address all public comments concerning any withdrawn VerDate Jan< 31> 2003 14: 11 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14APP2. SGM 14APP2 18005 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Proposed Rules amendments in a subsequent final rule. If no adverse comments are received, no further action will be taken on the proposal and the direct final rule will become effective as provided in that action. The regulatory text for the proposal is identical to that for the direct final rule published in the rules and regulations section of this Federal Register. For further supplemental information, the detailed rationale for the proposal, and the regulatory revisions, see the information provided in the direct final rule published in a separate part of this Federal Register.

I. Background Under section 111 of the Clean Air Act ( CAA), the EPA promulgated standards of performance for stationary gas turbines ( 40 CFR part 60, subpart GG). These standards were originally promulgated on September 10, 1979 ( 44 FR 52798). Since that time, many changes in the design of, the NOX emission controls used for, and the composition of the fuels fired in gas turbines have occurred. Additional test methods have also been developed to measure emissions from gas turbines and for sampling the sulfur content of gaseous fuels. As a result of these changes, we have had many requests for case by case approvals of alternative testing and monitoring procedures for subpart GG. We are proposing these amendments to subpart GG to codify the alternatives that have been routinely approved. Additionally, we are attempting to harmonize the provisions of subpart GG with the monitoring provisions of 40 CFR part 75, since many new gas turbines are subject to both regulations.

II. Statutory and Executive Order Reviews Regulatory Flexibility Act The Regulatory Flexibility Act ( RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA), 5 U. S. C. 601 et seq., generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of the proposed rule amendments on small entities, small entity is defined as: ( 1) A small business whose parent company has fewer than 100 or 1,000 employees, or fewer than 4 billion kWhr per year of electricity usage, depending on the size definition for the affected North American Industry Classification System ( NAICS) code; ( 2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and ( 3) a small organization that is any not forprofit enterprise which is independently owned and operated and is not dominant in its field. It should be noted that small entities in 6 NAICS codes may be affected by the proposed rule amendments, and the small business definition applied to each industry by NAICS code is that listed in the Small Business Administration ( SBA) size standards ( 13 CFR part 121). After considering the economic impacts of today's proposed rule amendments on small entities, we certify that this action will not have a significant economic impact on a substantial number of small entities. This certification is based primarily upon the estimated cost savings to turbine owners and operators as a result of the proposed revisions to 40 CFR part 60, subpart GG that are presented in the direct final rule amendments published in a separate part of this Federal Register. These cost savings will be experienced by turbines owned and operated by small entities as well as large ones. Using the existing combustion turbines inventory as a measure of which industries may install new turbines in the future, presuming the existing mix of combustion turbines currently is a good approximation of the mix of turbines that will be installed and affected by the proposed amendments up to 2007, 2.5 percent of new turbines overall will likely be owned and operated by small entities. Of these entities, a majority of these are owned and operated by small communities. For more information on the results of the analysis of small entity impacts, please refer to the economic impact analysis in the docket. We continue to be interested in the potential impacts of the proposed rule amendments on small entities and welcome comments on issues related to such impacts. For information regarding other administrative requirements for this action, please see the direct final rule action that is located in the rules and regulations section of this Federal Register publication.

List of Subjects in 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Reporting and recordkeeping requirements, Sulfur oxides.

Dated: March 27, 2003.

Christine Todd Whitman,

Administrator. [ FR Doc. 03   8151 Filed 4   11   03; 8: 45 am]

BILLING CODE 6560   50   P VerDate Jan< 31> 2003 14: 11 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 14APP2. SGM 14APP2


[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Notices]
[Pages 52762-52763]
[FR Doc No: 2017-24629]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82034]

Order Scheduling Filing of Statements on Review

November 8, 2017.
In the Matter of the Chicago Stock Exchange, Inc.

For an Order Granting the Approval of Proposed Rule Change to Adopt the
CHX Liquidity Enhancing Access Delay on a Pilot Basis (File No. SR-CHX-
2017-04)

    On February 10, 2017, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ and Rule

19b-4 thereunder,\2\ a proposed rule change to adopt the CHX Liquidity
Enhancing Access Delay. The proposed rule change was published for
comment in the Federal Register on February 21, 2017.\3\ On May 22,
2017, proceedings were instituted under Section 19(b)(2)(B) of the
Exchange Act \4\ to determine whether to approve or disapprove the
proposed rule change.\5\ On August 17, 2017, pursuant to Section
19(b)(2) of the Exchange Act,\6\ a longer period was designated for
Commission action on proceedings to determine whether to disapprove the
proposed rule change.\7\ On September 19, 2017, the Exchange filed
Amendment No. 1 to the proposed rule change,\8\ and on October 18,
2017, the Exchange filed Amendment No. 2 to the proposed rule
change.\9\ On October 19, 2017, the Division of Trading and Markets,
for the Commission pursuant to delegated authority,\10\ approved the
proposed rule change, as modified by Amendment Nos. 1 and 2.\11\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80041 (February 14,
2017), 82 FR 11252.
    \4\ 15 U.S.C. 78s(b)(2)(B).
    \5\ See Securities Exchange Act Release No. 80740, 82 FR 24412
(May 26, 2017).
    \6\ 15 U.S.C. 78s(b)(2).
    \7\ See Securities Exchange Act Release No. 81415, 82 FR 40051
(August 23, 2017).
    \8\ See letter from Albert J. Kim, Vice President and Associate
General Counsel, CHX, dated September 19, 2017, available at https://www.sec.gov/comments/sr-chx-2017-04/chx201704-2583844-161106.pdf.
    \9\ See letter from Albert J. Kim, Vice President and Associate
General Counsel, CHX, dated October 18, 2017, available at https://www.sec.gov/comments/sr-chx-2017-04/chx201704-2643435-161294.pdf.
    \10\ 17 CFR 200.30 3(a)(12).
    \11\ See Securities Exchange Act Release No. 81913, 82 FR 49433
(October 25, 2017).
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    Pursuant to Commission Rule of Practice 431,\12\ the Commission is
reviewing the delegated action and the October 19, 2017 order is
stayed.
---------------------------------------------------------------------------

    \12\ 17 CFR 201.431.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Commission Rule of Practice
431, that by December 8, 2017, any party or other person may file any
additional statement.
    It is further ordered that the October 19, 2017 order approving the
proposed rule change, as modified by Amendment Nos. 1 and 2 (File No.
SR-CHX-2017-04), shall remain stayed pending further order of the
Commission.

    By the Commission.
Eduardo A. Aleman,
 Assistant Secretary.
[FR Doc. 2017-24629 Filed 11-13-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53524-53527]
[FR Doc No: 2018-23039]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84444; File No. SR-NYSE-2018-49]

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

October 17, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 4, 2018, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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) adopt an
alternate way to qualify for the Tier 3 Adding Credit; (2) add a new
charge for transactions that remove liquidity from the Exchange; and
(3) make certain non-substantive, clarifying changes. The

Exchange proposes to implement these changes to its Price List
effective October 4, 2018.\4\ 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.
---------------------------------------------------------------------------

    \4\ The Exchange originally filed to amend the Price List on
September 28, 2018 (SR-NYSE-2018-45). SR-NYSE-2018-45 was
subsequently withdrawn and replaced by this filing.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The Exchange proposes to amend its Price List to (1) adopt an
alternate way to qualify for the Tier 3 Adding Credit; (2) add a new
charge for transactions that remove liquidity from the Exchange; and
(3) make certain non-substantive, clarifying changes.
    The Exchange proposes to implement these changes to its Price List
effective October 4, 2018.
Tier 3 Adding Credit
    The Exchange currently provides an equity per share credit of
$0.0018 per transaction for all orders, other than MPL and Non-Display
Reserve orders, for transactions in stocks with a share price of $1.00
or more when adding liquidity to the Exchange if the member
organization (1) has an average daily trading volume (``ADV'') that
adds liquidity to the Exchange during the billing month (``Adding
ADV'') \5\ that is at least 0.40% of NYSE consolidated average daily
volume (``CADV''), and (2) executes market at-the-close (``MOC'') and
limit at-the-close (``LOC'') of at least 0.05% of NYSE CADV.
---------------------------------------------------------------------------

    \5\ Footnote 2 to the Price List defines ADV as ``average daily
volume'' and ``Adding ADV'' as ADV that adds liquidity to the
Exchange during the billing month. The Exchange is not proposing to
change these definitions.
---------------------------------------------------------------------------

    The Exchange proposes to provide an alternate way for member
organizations to qualify for the Tier 3 Adding Credit. As proposed, the
Exchange would provide an equity per share credit of $0.0018 per
transaction for all orders, other than MPL and Non-Display Reserve
orders, for transactions in stocks with a share price of $1.00 or more
when adding liquidity to the Exchange if the member organization (1)
has an Adding ADV that is at least 0.35% of NYSE CADV, (2) executes MOC
and LOC orders of at least 0.05% of NYSE CADV, and (3) has an Adding
ADV in MPL orders of at least 400,000 shares.
Charges for Removing Liquidity
    The Exchange currently charges a fee of $0.00275 for non-Floor
broker transactions that remove liquidity from the Exchange, including
those of DMMs. The Exchange also currently charges $0.0030 for non-
Floor broker transactions removing liquidity from the Exchange by
member organizations with an Adding ADV, excluding any liquidity added
by a DMM, of less than 250,000 ADV on the Exchange during the billing
month.
    The Exchange proposes to add a slightly higher intermediate fee of
$0.00280 for non-Floor broker transactions that remove liquidity from
the Exchange by member organizations with an Adding ADV, excluding any
liquidity added by a DMM, that is at least 250,000 ADV on the NYSE in
Tape A Securities and less than 500,000 ADV on the NYSE in Tape B and
Tape C securities combined during the billing month.
    For example, in a given month, a member organization with an Adding
ADV, excluding any liquidity added by a DMM, of 250,000 or more on the
Exchange in Tape A securities would qualify for a fee of $0.00275 per
share in Tape A securities.
     If that same member organization had an Adding ADV of
300,000 in Tape B securities and an Adding ADV of 250,000 in Tape C
securities, or 550,000 ADV combined, that member would continue to
receive a fee of $0.00275 per share in Tape A securities under the
proposed change.
     If that same member organization had an Adding ADV in Tape
B and Tape C securities combined of less than 500,000, but still had an
Adding ADV of 250,000 or more in Tape A securities, that member
organization would receive a fee of $0.0028 per share in Tape A
securities under the proposed change.
     If that member organization had an Adding ADV in Tape B
and Tape C securities combined of less than 500,000, and also had an
Adding ADV of less than 250,000 in Tape A securities, that member
organization would receive a fee of $0.0030 per share in Tape A
securities under the proposed change.
Clarifying, Non-Substantive Changes
    First, the Exchange proposes to add a sentence to footnote * to
clarify that, unless otherwise specified, references to volumes,
quoting, ADV and CADV in the Price List refer to Tape A securities.
    Second, the Exchange proposes to make a non-substantive, clarifying
change to the annual trading license fee. Currently, for all member
organizations, including Floor brokers with more than ten trading
licenses but excluding Regulated Only Members, the trading license fee
is $50,000 for the first license held by the member organization unless
one of the other rates is deemed applicable.\6\ The current Price List
provides that the annual fee applies to ``All member organizations with
10 or more trading licenses.'' The Exchange proposes a non-substantive
change to clarify this language by adding the phrase ``, including
Floor brokers'' after ``All member organizations'' and the
parenthetical ``excluding Regulated Only Members'' at the end of the
entry.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 82563 (January 22,
2018), 83 FR 3799, 3801 (January 26, 2018) (SR-NYSE-2018-03).
---------------------------------------------------------------------------

* * * * *
    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,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\8\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) & (5).
---------------------------------------------------------------------------

Tier 3 Adding Credit
    The Exchange believes that providing an additional way to qualify
for the Tier 3 Adding Credit is reasonable, equitable and not an
unfairly discriminatory allocation of fees because it would encourage
additional liquidity on the Exchange and because members and

member organizations benefit from the substantial amounts of liquidity
that are present on the Exchange. The Exchange believes the proposed
changes are equitable and not unfairly discriminatory because it would
continue to encourage member organizations to send orders, thereby
contributing to robust levels of liquidity, which benefits all market
participants. The proposed changes will encourage the submission of
additional liquidity to a national securities exchange, thereby
promoting price discovery and transparency and enhancing order
execution opportunities for member organizations from the substantial
amounts of liquidity that are present on the Exchange. The proposed
changes will also encourage the submission of additional MPL orders
that add liquidity, thus providing price improving liquidity to market
participants and increasing the quality of order execution on the
Exchange's market, which benefits all market participants. Moreover,
the proposed changes are equitable and not unfairly discriminatory
because they would apply equally to all qualifying member
organizations, including Floor brokers, that submit orders to the NYSE
and add liquidity to the Exchange and do not currently meet the
requirements for higher credits for Adding Tiers 1, 2, and 3.
Charges for Removing Liquidity
    The Exchange believes that introducing a slightly higher charge
than the current lowest charge of $0.00275 for non-Floor broker
transactions that remove liquidity from the Exchange for member
organizations with an Adding ADV, excluding DMM liquidity, of at least
250,000 ADV on NYSE Tape A and less than 500,000 ADV on the NYSE in
Tape B and Tape C securities combined during the billing month is
reasonable. The Exchange believes that the proposed rate change will
incentivize submission of additional liquidity in Tape B and Tape C
securities to a public exchange, thereby promoting price discovery and
transparency and enhancing order execution opportunities for member
organizations. The Exchange also believes that the proposed fee is
equitable because it would apply to all similarly situated member
organizations that add liquidity in Tape B or Tape C securities.
    The proposed fee also is equitable and not unfairly discriminatory
because it would be consistent with the applicable rate on other
marketplaces. For example, Nasdaq PSX provides a lower fee per share
for removing liquidity, $0.0028 in Tape A and B securities and $0.0029
in Tape C securities, if a firm removes 0.065% or more of Consolidated
Volume; otherwise, Nasdaq PSX imposes a charge of $0.0030 per share for
removing liquidity.\9\ Given the Exchange's and Nasdaq PSX's relative
size and market share, the Exchange believes that Nasdaq PSX remove
requirement of 0.065%, which would be 4.55 million shares ADV in a
month where CADV is 7 billion shares, is comparable to the Exchange's
250,000 ADV and 500,000 ADV adding requirements. The Exchange notes
that since the requirement is for Tape B and Tape C securities
combined, member organizations can meet the requirement by adding
liquidity in either Tape B or Tape C securities, or both. The Exchange
further notes that other marketplaces have tiers with adding
requirements in specific tapes to qualify for a rate in securities on
another tape. For example, to be eligible for a $0.0020 adding credit
in Tape C securities on Nasdaq, firms are required to average a minimum
of 250,000 shares added per day in Tape A or Tape B securities
(combined); otherwise, the Tape C credit for adding liquidity is
$0.0015.\10\
---------------------------------------------------------------------------

    \9\ See https://www.nasdaqtrader.com/Trader.aspx?id=PSX_Pricing.
    \10\ See https://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
---------------------------------------------------------------------------

Non-Substantive, Clarifying Changes
    The Exchange believes that the proposed non-substantive, clarifying
changes would remove impediments to, and perfect the mechanisms of, a
free and open market and a national market system and, in general,
protect investors and the public interest because they are designed to
provide greater specificity and clarity to the Price List, thereby
removing impediments to and perfecting the mechanism of a free and open
market and a national market system, and, in general, protecting
investors and the public interest. The proposed change would not alter
the application of any fees or rebates on the Price List. As such, the
proposed changes would foster cooperation and coordination with persons
engaged in facilitating transactions in securities and would remove
impediments to and perfect the mechanism of a free and open market and
a national exchange system. In particular, the Exchange believes that
the proposed change would provide greater clarity to members and member
organizations and the public regarding the Exchange's Rules. It is in
the public interest for rules to be accurate and concise so as to
eliminate the potential for confusion.
    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,\11\ 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, the Exchange believes that the proposed
change would foster liquidity provision and stability in the
marketplace, thereby promoting price discovery and transparency and
enhancing order execution opportunities for member organizations. In
this regard, the Exchange believes that the transparency and
competitiveness of attracting additional executions on an exchange
market would encourage competition. The Exchange also believes that the
proposed rule change is designed to make non-substantive technical
corrections and update the Exchange's Price List in order to provide
the public and investors with a Price List that is clear and
consistent, thereby reducing burdens on the marketplace and
facilitating investor protection.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their

competitive standing in the financial markets

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) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 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 protected]. Please include
File Number SR-NYSE-2018-49 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2018-49. 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-2018-49 and should be submitted on
or before November 13, 2018.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-23039 Filed 10-22-18; 8:45 am]
BILLING CODE 8011-01-P