[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47803-47806]
[FR Doc No: 2022-16657]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95392; File No. SR-CBOE-2022-039]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing of Proposed Rule Change To Amend Rule 4.13

July 29, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 21, 2022, Cboe Exchange, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``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 Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 4.13. The text of the proposed rule change is provided
below.

(additions are italicized; deletions are [bracketed])
* * * * *

Rules of Cboe Exchange, Inc.

* * * * *

Rule 4.13. Series of Index Options

* * * * *
    (e) Nonstandard Expirations Pilot Program.
    (1) Weekly Expirations. The Exchange may open for trading Weekly
Expirations on any broad-based index eligible for standard options
trading to expire on any Monday, Wednesday, or Friday (other than
the third Friday-of-the-month or days that coincide with an EOM
expiration). In addition, the Exchange may also open for trading
Weekly Expirations on S&P 500 Index and Mini-S&P 500 Index options
to expire on any Tuesday or Thursday (other than days that coincide
with an EOM expiration). Weekly Expirations shall be subject to all
provisions of this Rule and treated the same as options on the same
underlying index that expire on the third Friday of the expiration
month; provided, however, that Weekly Expirations shall be P.M.-
settled and new series in Weekly Expirations may be added up to and
including on the expiration date for an expiring Weekly Expiration.
    The maximum number of expirations that may be listed for each
Weekly Expiration (i.e., a Monday expiration, Tuesday expiration,
Wednesday expiration, Thursday expiration, or Friday expiration, as
applicable) in a given class is the same as the maximum number of
expirations permitted in Rule 4.13(a)(2) for standard options on the
same broad-based index. Weekly Expirations need not be for
consecutive Monday, Tuesday, Wednesday, Thursday, or Friday
expirations as applicable; however, the expiration date of a non-
consecutive expiration may not be beyond what would be considered
the last expiration date if the maximum number of expirations were
listed consecutively. Weekly Expirations that are first listed in a
given class may expire up to four weeks from the actual listing
date. If the Exchange lists EOMs and Weekly Expirations as
applicable in a given class, the Exchange will list an EOM instead
of a Weekly Expiration that expires on the same day in the given
class. Other expirations in the same class are not counted as part
of the maximum number of Weekly Expirations for an applicable broad-
based index class. If the Exchange is not open for business on a
respective Monday, the normally Monday expiring Weekly Expirations
will expire on the following business day. If the Exchange is not
open for business on a respective Tuesday, Wednesday, Thursday, or
Friday, the normally Tuesday, Wednesday, Thursday, or Friday
expiring Weekly Expirations will expire on the previous business
day. If two different Weekly Expirations on S&P 500 Index or Mini-
S&P 500 Index options would expire on the same day because the
Exchange is not open for business on a certain weekday, the Exchange
will list only one of such Weekly Expirations.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 4.13(e), which governs its
Nonstandard Expirations Pilot Program (``Pilot Program''), to permit
P.M.-settled options on the Mini-S&P 500 Index (``XSP options'') that
expire on Tuesday or Thursday. Under the existing Pilot Program, the
Exchange is permitted to list P.M.-settled options on broad-based
indexes that expire on: (1) any Monday, Wednesday, or Friday and, with
respect to options on the S&P 500 Index (``SPX options'') any Tuesday
or Thursday (``Weekly Expirations'' or ``EOWs'') and (2) the last
trading day of the month (``End of Month Expirations'' or ``EOMs'').\3\
The proposed XSP options that expire on Tuesday or Thursday would be
listed under the Pilot Program, which is currently set to expire on
November 7, 2022. The Exchange notes that permitting XSP options with
Tuesday and Thursday expirations, as proposed, would be in addition to
the XSP options with Monday, Wednesday and Friday expirations that the
Exchange may (and does) already list, as they are permissible Weekly
Expirations for options on a broad-based index (e.g., the Mini-S&P 500
Index) pursuant to Rule 4.13(e)(1).
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    \3\ See Rule 4.13(e).
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    The Pilot Program for Weekly Expirations will apply to XSP options
with Tuesday and Thursday expirations in the same manner as it
currently applies to all other P.M.-settled broad-based index options
with Monday, Wednesday, and Friday expirations and to SPX options with
Tuesday and Thursday expirations. Specifically, as set forth in Rule
4.13(e), Weekly Expirations, including the proposed XSP options with
Tuesday and Thursday expirations, are subject to all provisions of Rule
4.13 and treated the same as options on the same underlying index that
expire on the third Friday of the expiration month; provided, however,
that Weekly Expirations are P.M.-settled, and new series in Weekly
Expirations may be added up to and including on the expiration date for
an expiring Weekly Expiration. The maximum number of expirations that
may be listed for each Weekly Expiration (i.e., a Monday expiration,
Tuesday expiration, Wednesday expiration, Thursday expiration, or
Friday expiration, as applicable) in a given class (including XSP) is
the same as the maximum number of expirations permitted in Rule
4.13(a)(2) for standard options on the same broad-based index (which is
12 for XSP options). Weekly Expirations need not be for consecutive
Monday, Tuesday, Wednesday, Thursday, or Friday expirations as
applicable; however, the expiration date of a nonconsecutive expiration
may not be beyond what would be considered the last expiration date if
the maximum number of expirations were listed consecutively. Weekly
Expirations that are first listed in a given class may expire up to
four weeks from the actual listing date. If the Exchange lists EOMs and
Weekly Expirations as applicable in a given class, the Exchange will
list an EOM instead of a Weekly Expiration that expires on the same day
in the given class. Other expirations in the same class are not counted
as part of the maximum number of Weekly Expirations for an applicable
broad-based index class. If the Exchange is not open for business on a
respective Monday, the normally Monday expiring Weekly Expirations will
expire on the following business day. If the Exchange is not open for
business on a respective Tuesday, Wednesday, Thursday, or Friday, the
normally Tuesday, Wednesday, Thursday, or Friday expiring Weekly
Expirations will expire on the previous business day.
    The proposed rule change also adds that if two different Weekly
Expirations on Mini-S&P 500 Index options (as is the case of S&P 500
Index options) would expire on the same day because the Exchange is not
open for business on a certain weekday, the Exchange will list only one
of such Weekly Expirations. The Exchange believes it is appropriate to
clarify in the rule text that the Exchange will list just one Weekly
Expiration in such a case, as the two Weekly Expirations would
essentially be the same options contract. For example, if the Exchange
listed XSP options with proposed Thursday expirations and Friday
expirations and the Exchange was closed for business on a Friday then,
pursuant to current Rule 4.13(e)(1), the normally expiring Friday
expiration would expire on the previous business day--essentially
making it an XSP option with a Thursday expiration. Thus, expiring XSP
options in this case will always have the same weekday expiration (per
the example, it is an XSP option with a Thursday expiration, whether it
was listed as an XSP with a Thursday expiration or a Friday
expiration). As such, for the sake of clarity in the rules and to
mitigate any confusion regarding the listing of Weekly XSP options when
the Exchange is closed for business, the proposed rule change provides
that the Exchange will list just one Weekly Expiration if two Weekly
Expirations would expire on the same day due to the Exchange being
closed for business. In addition, like all Weekly Expirations listed
pursuant to Rule 4.13(e)(4), transactions in expiring XSP options with
Tuesday and Thursday expirations may be effected on the Exchange
between the hours of 9:30 a.m. and 4:00 p.m. on their last trading day
(Eastern Time).
    The Exchange believes that that the introduction of XSP options
with Tuesday and Thursday expirations will expand hedging tools
available to market participants while also providing greater trading
opportunities. By offering XSP options with Tuesday and Thursday
expirations along with the current Monday, Wednesday and Friday
expirations, the proposed rule change will allow market participants to
purchase XSP options in a manner more aligned with specific timing
needs and more effectively tailor their investment and hedging
strategies and manage their portfolios. In particular, the proposed
rule change will allow market participants to roll their positions on
more trading days, thus with more precision, spread risk across more
trading days and incorporate daily changes in the markets, which may
reduce the premium cost of buying protection.
    The Exchange proposes to abide by the same reporting requirements
for the trading of XSP options that expire on any Tuesday or Thursday
that it does for the trading of P.M.-settled options on broad-based
indexes that expire on any Monday, Wednesday, or Friday and for SPX
options that expire on Tuesday or Thursday pursuant to the Pilot
Program. The Exchange proposes to include data regarding XSP options
that expire on Tuesdays or Thursdays as it does for all other Weekly
Expirations in the Pilot Program annual report that it submits to the
Securities and Exchange Commission (``Commission'') at least

two months prior to the expiration date of the Pilot Program.\4\ The
Exchange is required to submit an annual report at least yearly. The
annual report to the Commission addresses the following areas: Analysis
of Volume & Open Interest, Monthly Analysis of Weekly Expirations & EOM
Trading Patterns and Provisional Analysis of Index Price Volatility.
Going forward, the Exchange will include the same areas of analysis for
XSP options with Tuesday and Thursday expirations in the annual
reports. The Exchange also proposes to include the following market
quality data, over sample periods determined by the Exchange and the
Commission, for XSP options as part of the annual report, as it does
for SPX options:
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    \4\ See Nonstandard Expirations Pilot Approval Order.
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     time-weighted relative quoted spreads;
     relative effective spreads; and
     time-weighted bid and offer sizes.
    The Exchange also will provide the Commission with any additional
data or analyses the Commission requests because it deems such data or
analyses necessary to determine whether the Pilot Program, including
XSP options with Tuesday and Thursday expirations as proposed, is
consistent with the Exchange Act. As it does for current Pilot Program
products, the Exchange will make public on its website all data and
analyses in connection with XSP options with Tuesday and Thursday
expirations it submits to the Commission under the Pilot Program.
    The Exchange believes there is sufficient investor interest and
demand in XSP options with Tuesday and Thursday expirations to warrant
inclusion in the Pilot Program and that the Pilot Program, as amended,
will continue to provide investors with additional means of managing
their risk exposures and carrying out their investment objectives.\5\
The Exchange notes that during the Pilot Program's approximately 12-
year tenure, the Exchange has not observed any significant adverse
market effects or identified any regulatory concerns as a result of the
Pilot Program, nor does it believe that additional expirations listed
under the Pilot Program would result in any such impact or regulatory
concerns. Based on a study conducted by Commission staff on the pilot
data (including quarterly, weekly, EOM and third Friday expirations for
P.M.-settled XSP options),\6\ there is no evidence of any significant
adverse economic impact to the futures, index, or underlying index
component securities markets as a result of the quantity of P.M.-
settled XSP options that settle at the close or the amount of expiring
open interest in P.M.-settled XSP options.\7\
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    \5\ The Exchange currently lists Tuesday and Thursday
expirations in SPX options. The Exchange also already allows XSP
options to expire on Tuesdays for normally Monday or Wednesday
expiring XSP options when the Exchange is not open for business on a
respective Monday or Wednesday (as applicable), and already allows
XSP options to expire on Thursdays for normally Friday expiring XSP
options when the Exchange is not open for business on a respective
Friday. Also, EOM options in XSP (and other broad-based indexes) may
currently be listed to expire on a Tuesday or Thursday.
    \6\ See Securities and Exchange Commission, Division of Economic
Risk and Analysis, Memorandum, Cornerstone Analysis of PM Cash-
Settled Index Option Pilots (February 2, 2021) (``SEC PM Pilot
Memo'') at 13, available at: https://www.sec.gov/files/Analysis_of_PM_Cash_Settled_Index_Option_Pilots.pdf (``Option
settlement quantity data for a.m.- and p.m.-settled options were
obtained from the Cboe, including the number of contracts that
settled in-the-money for each exchange-traded option series on the
S&P 500 index . . . on expiration days from January 20, 2006 through
December 31, 2018. Daily open interest and volume data for [XSP]
option series were also obtained from Cboe, including open interest
data from January 3, 2006 through December 31, 2018 and trading
volume data from January 3, 2006 through December 31, 2018.'')
    \7\ See id. at 3. For example, the largest settlement event that
occurred during the time period of the study (a settlement of $100.4
billion of notional on December 29, 2017) had an estimated impact on
the futures price of only approximately 0.02% (a predicted impact of
$0.54 relative to a closing futures price of $2,677).
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    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it believes that
the Exchange and OPRA have the necessary systems capacity to handle any
potential additional traffic associated with trading of XSP options
with Tuesday and Thursday expirations. The Exchange does not believe
that its Trading Permit Holders (``TPHs'') will experience any capacity
issues as a result of this proposal and represents that it will monitor
the trading volume associated with any possible additional options
series listed as a result of this proposal and the effect (if any) of
these additional series on market fragmentation and on the capacity of
the Exchange's automated systems.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitation
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
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    In particular, the Exchange believes that the proposed rule change
will remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest by providing investors with greater
trading and hedging opportunities and flexibility, allowing them to
transact in XSP options in a manner more aligned with specific timing
needs and more effectively tailor their investment and hedging
objectives by listing XSP options that expire each trading day of the
week. The Exchange does not believe that the addition of XSP options
with Tuesday and Thursday expirations to the Pilot Program will raise
any prohibitive regulatory concerns or adversely impact fair and
orderly markets on expiration days. The Exchange has not observed any
meaningful regulatory concerns or adverse impact on fair and orderly
markets in connection with the listing and trading of XSP options with
Monday, Wednesday and Friday expirations or with the recent listing and
trading SPX options with expirations on Monday through. Particularly,
the Exchange does not believe an increase in the number of P.M.-settled
XSP options series will have any significant adverse economic impact on
the futures, index, or underlying index component securities markets.
    The Exchange will include analysis in connection with XSP options
that expire on Tuesdays and Thursdays in the same manner that it
currently does for other Pilot Program products, as described above, in
the annual reports it submits to the Commission. The Exchange also will
provide the Commission with any additional data or analyses that it may
request if it deems such data or analyses necessary to determine
whether the

Pilot Program, including XSP options with Tuesday and Thursday
expirations as proposed, is consistent with the Exchange Act. The
Exchange represents that it believes that it has the necessary systems
capacity to support any additional traffic associated with trading of
XSP options with Tuesday and Thursday expirations and does not believe
that its TPHs will experience any capacity issues as a result of this
proposal. The Exchange will monitor the trading volume associated with
any possible additional options series listed and the effect (if any)
of these additional series on market fragmentation and on the capacity
of the Exchange's automated systems.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because XSP options with Tuesday
and Thursday expirations will be available to all market participants.
By listing XSP options that expire Tuesdays and Thursdays, the proposed
rule change will provide all investors that participate in the XSP
options market greater trading and hedging opportunities and
flexibility to meet their investment and hedging needs. Additionally,
Tuesday and Thursday expiring XSP options will trade in the same manner
as Weekly Expirations currently trade.
    The Exchange does not believe that the proposal to list XSP options
with Tuesday and Thursday expirations will impose any burden on
intermarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because XSP options are
proprietary Exchange products. Other exchanges offer nonstandard
expiration programs for index options as well as short-term options
programs for certain equity options and are welcome to similarly
propose to list Tuesday and Thursday options on those indexes or equity
products. To the extent that the addition of XSP options that expire on
Tuesdays and Thursdays available for trading on the Exchange makes the
Exchange a more attractive marketplace to market participants at other
exchanges, such market participants are free to elect to become market
participants on the Exchange.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. by order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CBOE-2022-039 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2022-039. 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-CBOE-2022-039, and should be submitted
on or before August 25, 2022.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-16657 Filed 8-3-22; 8:45 am]
BILLING CODE P


[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30534-30535]
[FR Doc No: 2018-14085]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 514

[Docket No. FDA-2012-N-0447]

Antimicrobial Animal Drug Sales and Distribution Reporting; Small
Entity Compliance Guide; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing the availability of a final guidance for industry #252
entitled ``Antimicrobial Animal Drug Sales and Distribution Reporting
Small Entity Compliance Guide.'' The small entity compliance guide
(SECG) is intended to help small entities comply with the final rule we
issued in the Federal Register of May 11, 2016, entitled
``Antimicrobial Animal Drug Sales and Distribution Reporting.''

DATES: The announcement of the guidance is published in the Federal
Register on June 29, 2018.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-N-0447 for ``Antimicrobial Animal Drug Sales and Distribution
Reporting; Small Entity Compliance Guide.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and

contact information to be made publicly available, you can provide this
information on the cover sheet and not in the body of your comments and
you must identify this information as ``confidential.'' Any information
marked as ``confidential'' will not be disclosed except in accordance
with 21 CFR 10.20 and other applicable disclosure law. For more
information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the SECG to the Policy
and Regulations Staff (HFV-6), Center for Veterinary Medicine, Food and
Drug Administration, 7500 Standish Pl., Rockville, MD 20855. Send two
self-addressed adhesive labels to assist that office in processing your
request. See the SUPPLEMENTARY INFORMATION section for electronic
access to the SECG.

FOR FURTHER INFORMATION CONTACT: Sujaya Dessai, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Sponsors of approved or conditionally approved applications for new
animal drugs containing an antimicrobial active ingredient are required
by section 512 of the Federal Food, Drug, and Cosmetic Act (FD&C Act)
(21 U.S.C. 360b), as amended by section 105 of the Animal Drug Use Fee
Amendments of 2008 (ADUFA 105) (Pub. L. 110-316), to submit to us an
annual report on the amount of each such ingredient in the drug that is
sold or distributed for use in food-producing animals. We are also
required by ADUFA 105 to publish annual summary reports of the data we
receive from animal drug sponsors. In accordance with the law, sponsors
of the affected antimicrobial new animal drug products began submitting
their sales and distribution data to us on an annual basis, and we have
published summaries of such data for each calendar year beginning with
2009.
    In the Federal Register of May 11, 2016 (81 FR 29129), we published
a final rule entitled ``Antimicrobial Animal Drug Sales and
Distribution Reporting'' that amended our existing records and reports
regulation in part 514 (21 CFR part 514) to incorporate the sales and
distribution data reporting requirements specific to antimicrobial new
animal drugs that were added to the FD&C Act by ADUFA 105. The rule
also added an additional reporting provision intended to improve our
understanding of antimicrobial animal drug sales intended for use in
specific food-producing animal species. In accordance with the new
rule, the sponsor of each approved or conditionally approved new animal
drug product that contains an antimicrobial active ingredient must
submit an annual report to us on the amount of each such ingredient in
the drug product that is sold or distributed for use in food-producing
animals, including information on any distributor-labeled product. The
final rule, which is codified at Sec. Sec.  514.80 and 514.87, became
effective July 11, 2016.
    We examined the economic implications of the final rule as required
by the Regulatory Flexibility Act (5 U.S.C. 601-612) and determined
that the final rule will not have a significant economic impact on a
substantial number of small entities (81 FR 29129 at 29138).
Nonetheless, we determined not to certify that finding due to the
remote possibility that, in the future, a very small company could
enter the market and sponsor an application for an antimicrobial new
animal drug product that would be sold or distributed for use in food-
producing animals. Thus, in compliance with section 212 of the Small
Business Regulatory Enforcement Fairness Act (Pub. L. 104-121, as
amended by Pub. L. 110-28), we are making available this SECG to
explain the actions that a potential future market entrant small entity
must take to comply with the rule.
    We are issuing this SECG consistent with our good guidance
practices regulation (21 CFR 10.115(c)(2)). The SECG represents the
current thinking of FDA on this topic. It does not establish any rights
for any person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations. This guidance is not subject to Executive
Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in Sec.  514.87 have been approved under OMB
control number 0910-0659. The collections of information in Sec.
514.80 have been approved under OMB control number 0910-0284.

III. Electronic Access

    Persons with access to the internet may obtain the SECG at either
https://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or https://www.regulations.gov.

    Dated: June 26, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-14085 Filed 6-28-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Notices]
[Page 39301-39303]
[DOCID:fr08jy10-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 62403; File No. SR-Phlx-2010-80]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. Relating
to the Options Floor Broker Subsidy

June 30, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 25, 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, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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: (i) The threshold volume
requirements related to the Options Floor Broker Subsidy; and (ii) the
Per Contract Average Daily Volume Subsidy Payment. The Exchange also
proposes correcting a typographical error.
    While changes to the Exchange's Fee Schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be effective for trades settling on or after July 1, 2010.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to decrease the
threshold volume requirements related to the Options Floor Broker
Subsidy and amend the per contract average daily volume subsidy payment
fees. The Exchange believes that by eliminating certain threshold
requirements additional members may be attracted to the Options Floor
Broker Subsidy. Also, the Exchange believes that the proposed rate
changes could provide enhanced benefits to current and future member
organizations who participate in the Options Floor Broker Subsidy
because the Exchange is increasing the per contract rate on the Tier II
and Tier III levels. The Exchange still continues to afford the members
[sic] organizations who transact volume in Tier I a benefit as well.

Amending the Thresholds

    The Exchange currently pays an Options Floor Broker Subsidy to
member organizations with Exchange registered floor brokers for
eligible contracts that are entered into the Exchange's Floor Broker
Management System (``FBMS'').\3\ To qualify for the per contract
subsidy, a member organization with Exchange registered floor brokers
must have: (1) More than an average of 100,000 executed contracts per
day in the applicable month; and (2) at least 40,000 executed contracts
or more per day for at least eight trading days during that same
month.\4\ Only the floor broker volume from orders entered into FBMS
and subsequently executed on the Exchange are counted. The 100,000
contract and 40,000 contract thresholds, as described above, are
calculated per member organization floor brokerage unit. In the event
that two or more member organizations with Exchange registered floor
brokers each entered one side of a transaction into FBMS, then the
executed contracts is [sic] divided among each qualifying member
organization that participates in that transaction.\5\
---------------------------------------------------------------------------

    \3\ FBMS is designed to enable floor brokers and/or their
employees to enter, route, and report transactions stemming from
options orders received on the Exchange. FBMS also is designed to
establish an electronic audit trail for options orders represented
and executed by floor brokers on the Exchange. See Exchange Rule
1080, commentary .06.
    \4\ For purposes of calculating the 100,000 and 40,000
thresholds, customer-to-customer transactions, customer-to-non-
customer transactions, and non-customer-to-non-customer transactions
would be included.
    \5\ When computing the threshold amounts, the Exchange would
first count all customer-to-customer transactions and then all other
customer-to-non-customer transactions. See also Securities Exchange
Act Release No. 57253 (February 1, 2008), 73 FR 7352 (February 7,
2008) (SR-Phlx-2008-08) (adopting a tiered per contract floor broker
options subsidy payable to member organization with Exchange
registered floor brokers).
---------------------------------------------------------------------------

    The Exchange proposes amending the threshold volume requirements
related to the Option Floor Broker Subsidy so that in order to qualify
for the per contract subsidy a member organization

with Exchange registered floor brokers would only require more than an
average of 100,000 executed contracts per day in the applicable month.
The Exchange is proposing to delete the second threshold requirement,
``* * * at least 40,000 executed contracts or more per day for at least
eight trading days during that same month.''
    Customer-to-customer transactions would continue to count towards
reaching the 100,000 contract thresholds, but a per contract subsidy
would not be paid on any customer-to-customer transactions. Dividend,
merger and short stock interest strategies would continue to be
excluded from all threshold volume calculations, and no per contract
subsidy would be paid on these transactions. The per contract subsidy
would be paid based on the average daily contract volume for that
month, which are customer-to-non-customer transactions and are in
excess of 100,000 contracts. Payments would be made at the stated rate
for each tier for those contracts that fall within that tier. These
contracts may include customer-to-customer transactions for the
purposes of reaching a tier, but as stated above, a per contract
subsidy would not be paid on these executions.
    In connection with amending the threshold volume requirements, the
Exchange also proposes amending the corresponding eligible contract
requirements to reflect the elimination of the second threshold.

Amending the Subsidy Payment

    Additionally, the Exchange is proposing to amend the per contract
average daily volume subsidy payment fees. Currently, in order to be
eligible for the Options Floor Broker Subsidy, the member organization
must have an average daily volume in a particular calendar month as
follows:

            Per Contract Average Daily Volume Subsidy Payment
------------------------------------------------------------------------
             Tier I                     Tier II            Tier III
------------------------------------------------------------------------
100,001 to 200,000..............  200,001 to 300,000  300,001 and
                                                       greater.
$0.04 per contract..............  $0.05 per contract  $0.06 per
                                                       contract.
------------------------------------------------------------------------

    The Exchange proposes amending the per contract fees as follows:

            Per Contract Average Daily Volume Subsidy Payment
------------------------------------------------------------------------
             Tier I                     Tier II            Tier III
------------------------------------------------------------------------
100,001 to 200,000..............  200,001 to 300,000  300,001 and
                                                       greater.
$0.02 per contract..............  $0.08 per contract  $0.09 per
                                                       contract.
------------------------------------------------------------------------

    The Exchange is also proposing to correct a typographical error in
the Fee Schedule. Specifically, the spelling of the word facilitation
is being corrected.
    While changes to the Exchange's Fee Schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be effective for trades settling on or after July 1, 2010.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \6\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \7\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members. The Exchange believes that the proposed
amendments to the Options Floor Broker Subsidy are equitable, fair and
reasonable because member organizations with Exchange registered floor
brokers are provided an equal opportunity to receive a subsidy and any
member organization is free to establish floor brokerage operations on
the floor of the Exchange, and, as such, would be eligible to receive
the Options Floor Broker Subsidy. Further, the Exchange believes that
the changes to the subsidy payments are reasonable because the Exchange
is continuing to offer to all members the ability to earn the Options
Floor Broker Subsidy. Additionally, the Exchange is eliminating one of
the two threshold volume requirements to receive the Options Floor
Broker Subsidy and thereby creating additional opportunity for members
to avail themselves of the subsidy. In summary, the Exchange is
decreasing the payment for Tier I volumes and increasing the payments
for Tier II and III volumes to create greater incentives and
opportunities for member organizations with Exchange registered floor
brokerage operations to earn additional payments for attracting
additional order flow to the Exchange.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    While the Exchange is decreasing the payments for Tier I volumes
from $0.04 to $0.02, the Exchange believes this is reasonable because:
(1) The Exchange is still continuing to pay members a subsidy for their
volume; and (ii) the Exchange previously had a similar gap in its
subsidy payment amounts.\8\ The Exchange does not believe that this
subsidy is unreasonable or discriminatory because any floor broker is
capable of meeting the volume criteria.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 57253 (February 1,
2008), 73 FR 7352 (February 7, 2008) (SR-Phlx-2008-08).
---------------------------------------------------------------------------

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 on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and paragraph (f)(2) of Rule 19b-4 \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-2010-80 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-2010-80. 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,\11\ 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. 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; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2010-80 and should be submitted on or before July
29, 2010.
---------------------------------------------------------------------------

    \11\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-16534 Filed 7-7-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7850-7852]
[FR Doc No: 2022-02864]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. The currently
effective community number is shown and must be used for all new
policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Location and  case                                                                                Community
  State and county           No.          Chief executive officer of community     Community map repository        Date of modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Colorado:
    Larimer (FEMA    City of Fort         The Honorable Jeni Arndt, Mayor,      Stormwater Utilities           Jan. 12, 2022...............       080102
     Docket No.: B-   Collins (21-08-      City of Fort Collins, P.O. Box 580,   Department, 700 Wood Street,
     2175).           0194P).              Fort Collins, CO 80522.               Fort Collins, CO 80521.
    Larimer (FEMA    Town of Berthoud     Mr. Chris Kirk, Administrator, Town   Public Works Department, 807   Jan. 14, 2022...............       080296
     Docket No.: B-   (21-08-0072P).       of Berthoud, P.O. Box 1229,           Mountain Avenue, Berthoud,
     2175).                                Berthoud, CO 80513.                   CO 80513.
    Larimer (FEMA    Unincorporated       The Honorable John Kefalas,           Larimer County Engineering     Jan. 14, 2022...............       080101
     Docket No.: B-   areas of Larimer     Chairman, Larimer County Board of     Department, 200 West Oak
     2175).           County (21-08-       Commissioners, 200 West Oak Street,   Street, Suite 3000, Fort
                      0072P).              Suite 2200, Fort Collins, CO 80521.   Collins, CO 80521.
    Larimer (FEMA    Unincorporated       The Honorable John Kefalas,           Larimer County Engineering     Jan. 14, 2022...............       080101
     Docket No.: B-   areas of Larimer     Chairman, Larimer County Board of     Department, 200 West Oak
     2175).           County (21-08-       Commissioners, 200 West Oak Street,   Street, Suite 3000, Fort
                      0194P).              Suite 2200, Fort Collins, CO 80521.   Collins, CO 80521.
Florida:
    Charlotte (FEMA  Unincorporated       The Honorable Bill Truex, Chairman,   Charlotte County Community     Jan. 10, 2022...............       120061
     Docket No.: B-   areas of Charlotte   Charlotte County Board of             Development Department,
     2171).           County (21-04-       Commissioners, 18500 Murdock          18400 Murdock Circle, Port
                      5021P).              Circle, Suite 536, Port Charlotte,    Charlotte, FL 33948.
                                           FL 33948.
    Lee (FEMA        City of Sanibel (21- The Honorable Holly D. Smith, Mayor,  Community Services             Jan. 12, 2022...............       120402
     Docket No.: B-   04-4276P).           City of Sanibel, 800 Dunlop Road,     Department, 800 Dunlop Road,
     2178).                                Sanibel, FL 33957.                    Sanibel, FL 33957.
    Polk (FEMA       City of Lakeland     The Honorable Bill Mutz, Mayor, City  Public Works Department,       Jan. 13, 2022...............       120267
     Docket No.: B-   (20-04-4215P).       of Lakeland, 228 South                Lakes and Stormwater
     2175).                                Massachusetts Avenue, Lakeland, FL    Division, 407 Fairway
                                           33801.                                Avenue, Lakeland, FL 33801.
    Polk (FEMA       Unincorporated       Mr. Bill Beasley, Polk County         Polk County Floodplain         Jan. 6, 2022................       120261
     Docket No.: B-   areas of Polk        Manager, 330 West Church Street,      Management Department, 330
     2171).           County (20-04-       Bartow, FL 33831.                     West Church Street, Bartow,
                      4035P).                                                    FL 33831.
    Polk (FEMA       Unincorporated       The Honorable Rick Wilson, Chairman,  Polk County Land Development   Jan. 13, 2022...............       120261
     Docket No.: B-   areas of Polk        Polk County Board of Commissioners,   Division 330 West Church
     2175).           County (20-04-       P.O. Box 9005, Drawer BC01, Bartow,   Street, Bartow, FL 33830.
                      4215P).              FL 33831.
Kentucky: Jefferson  Louisville-          The Honorable Greg Fischer, Mayor,    Louisville-Jefferson County    Jan. 3, 2022................       210120
 (FEMA Docket No.:    Jefferson County     Louisville-Jefferson County Metro     Metropolitan Sewer District,
 B-2171).             Metro Government     Government, 527 West Jefferson        700 West Liberty Street,
                      (21-04-2298P).       Street, Louisville, KY 40202.         Louisville, KY 40203.
Louisiana:           Unincorporated       The Honorable Clint Cointment,        Ascension Parish Governmental  Oct. 15, 2021...............       220013
 Ascension (FEMA      areas of Ascension   President, Ascension Parish, 615      Complex, 615 East Worthey
 Docket No.: B-       Parish (20-06-       East Worthey Street, Gonzales, LA     Street, Gonzales, LA 70737.
 2159).               3506P).              70737.
Massachusetts:       Town of Falmouth     The Honorable Douglas C. Brown,       Inspectional Services          Jan. 10, 2022...............       255211
 Barnstable (FEMA     (21-01-1047P).       Chairman, Town of Falmouth Board of   Department, 59 Town Hall
 Docket No.: B-                            Selectmen, 59 Town Hall Square,       Square, Falmouth, MA 02540.
 2171).                                    Falmouth, MA 02540.
South Carolina:
    Charleston       Town of Mount        The Honorable Will Haynie, Mayor,     Town Hall, 100 Ann Edwards     Jan. 6, 2022................       455417
     (FEMA Docket     Pleasant (21-04-     Town of Mount Pleasant, 100 Ann       Lane, Mount Pleasant, SC
     No.: B-2171).    3056P).              Edwards Lane, Mount Pleasant, SC      29464.
                                           29464.
    Charleston       Unincorporated       The Honorable Teddie E. Pryor, Sr.,   Charleston County Building     Jan. 6, 2022................       455413
     (FEMA Docket     areas of             Chairman, Charleston County           Department, 4045 Bridge View
     No.: B-2171).    Charleston County    Council, 4045 Bridge View Drive,      Drive, North Charleston, SC
                      (21-04-3056P).       North Charleston, SC 29405.           29405.
Texas:
    Midland (FEMA    City of Midland (21- The Honorable Patrick Payton, Mayor,  City Hall, 300 North Loraine   Jan. 7, 2022................       480477
     Docket No.: B-   06-2222P).           City of Midland, 300 North Loraine    Street, Midland, TX 79701.
     2171).                                Street, Midland, TX 79701.
    Montgomery       City of Conroe (21-  The Honorable Jody Czajkoski, Mayor,  City Hall, 700 Metcalf         Jan. 7, 2022................       480484
     (FEMA Docket     06-0853P).           City of Conroe, 700 Metcalf Street,   Street, Conroe, TX 77301.
     No.: B-2175).                         Conroe, TX 77301.
    Montgomery       Unincorporated       The Honorable Mark J. Keough,         Montgomery County              Jan. 7, 2022................       480483
     (FEMA Docket     areas of             Montgomery County Judge, 501 North    Commissioners Court
     No.: B-2175).    Montgomery County    Thompson Street, Suite 401, Conroe,   Building, 501 North Thompson
                      (21-06-0853P).       TX 77301.                             Street, Suite 103, Conroe,
                                                                                TX 77301.
Utah: Salt Lake      City of West Valley  Mr. Wayne T. Pyle, Manager, City of   Engineering Division, 3600     Jan. 10, 2022...............       490245
 (FEMA Docket No.:    City (21-08-         West Valley City, 3600 South          South Constitution
 B-2175).             0105P).              Constitution Boulevard, West Valley   Boulevard, West Valley City,
                                           City, UT 84119.                       UT 84119.
Virginia:
    Prince William   City of Manassas     Mr. W. Patrick Pate, City of          Department of Public Works,    Jan. 14, 2022...............       510122
     (FEMA Docket     (21-03-0728P).       Manassas Manager, 9027 Center         8500 Public Works Drive,
     No.: B-2178).                         Street, Manassas, VA 20110.           Manassas, VA 20110.
    Washington       Unincorporated       Mr. Jason Berry, Washington County    Washington County Government   Jan. 6, 2022................       510168
     (FEMA Docket     areas of             Administrator, 1 Government Center    Center, 1 Government Center
     No.: B-2175).    Washington County    Place, Suite A, Abingdon, VA 24210.   Place, Suite A, Abingdon, VA
                      (21-03-0800P).                                             24210.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-02864 Filed 2-9-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71647-71649]
[FR Doc No: 2012-29074]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68294; File No. SR-BOX-2012-019]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change to Rule
7110 Regarding Session Orders

November 27, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 19, 2012, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 rules to amend Rule 7110
regarding Session Orders. The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://boxexchange.com.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 proposed rule change is to amend Rule
7110(e)(1)(iii)(C) to add a provision related to an exception to the
manner in which certain Session Orders are handled when they have been
routed to an away exchange. Specifically, the Exchange proposes to add
a provision in Rule 7110(e)(1)(iii)(C)(3) to provide that any remaining
quantity of a Session Order that has been routed away, if a Triggering
Event occurs while the order is routed away and receives a partial
execution, will be cancelled by BOX upon the return of the remainder to
BOX from the away exchange.\3\
---------------------------------------------------------------------------

    \3\ Note that the Triggering Event does not need to be ongoing
at the time the remainder is returned to BOX for it to be cancelled.
---------------------------------------------------------------------------

    Exchange Rule 7110(e)(1)(iii) provides that a Session Order will
remain active in the BOX trading system until a ``Triggering Event''
occurs that causes a BOX Participant to lose its connection to the BOX
system, or causes BOX to be unable to process the Session Order.\4\ The
following are ``Triggering Events'': (1) The connection between the
Participant and BOX that was used to enter the order is interrupted;
(2) there is a disconnection between internal BOX components used to
process orders, causing a component to lose its connection to the
Participant or the Trading Host while in possession of the Session
Order; or (3) a component of the

Trading Host experiences a system error in which it is unable to
process open orders while in possession of the Session Order. Upon the
occurrence of a Triggering Event, Session Orders within the affected
BOX system are cancelled.
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    \4\ See Securities Exchange Act Release No. 62959 (September 21,
2010) 75 FR 59304 (September 27, 2010) (Notice of Filing and
Immediate Effectiveness To Provide an Additional Order Type Which
Will Give Options Participants Greater Control Over the
Circumstances in Which Their Orders Are Executed) (BX-2010-065). See
also BOX Informational Circular IC-2010-005 (New Order Duration
Type--Session Order) available on the BOX Web site here: http://boxexchange.com/f_circulars/_BOX_Informational_Circular_2010-005_Session_Order.pdf.
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    Currently, Rule 7110(e)(1)(iii)(C) provides certain exceptions to
the cancellation of Session Orders. Specifically, the rule provides
that a Session Order will not be cancelled and shall remain active in
the BOX market if the order is in one of the following BOX system
processes when a Triggering Event occurs:
    (1) The order is being exposed to the BOX market pursuant to Rule
7130(b);
    (2) The order is a Directed Order to which the Executing
Participant has not yet responded pursuant to Rule 8040(d)(2);
    (3) The order has been routed to an away exchange pursuant to Rule
15030.
    Exchange Rule 15030 provides that certain orders that are
specifically designated by Options Participants as eligible for routing
will be routed to an Away Exchange (``Eligible Orders''). If BOX cannot
execute or book an Eligible Order, then it will route the Eligible
Order to an Away Exchange on behalf of the Options Participant who
submitted the Eligible Order through a third-party broker dealer. The
full quantity of an Eligible Order is routed to one or more Away
Exchange(s) as Immediate or Cancel limit order(s) priced at the current
NBBO. If the Eligible Order routed away is not executed in its entirety
at the Away Exchange(s) and its limit price is reached, then it is
returned to BOX.
    A technology system upgrade will now allow BOX to cancel any
remaining quantity of a Session Order if a Triggering Event occurs
while the order has been routed away, received a partial execution, and
is returned to BOX by the away exchange. As such, the Exchange is
proposing to add a provision to Rule 7110(e)(1)(iii)(C)(3). Upon the
effectiveness of this proposed rule change, BOX will inform Options
Participants via Information Circular about the implementation date of
this change in the manner in which certain Session Orders are handled
when they have been routed to an away exchange.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\5\ in general, and Section
6(b)(5) of the Act,\6\ in particular, in that it is designed to remove
impediments to and perfect the mechanism for a free and open market and
a national market system and, in general, to protect investors and the
public interest. In particular, the Exchange believes that this
proposed rule change will benefit the marketplace and protect investors
because, consistent with the purpose of Session Orders, it will further
reduce the risk of erroneous or stale orders on BOX in the event that
an Options Participant loses connectivity with the BOX system.
Furthermore, Session Orders are intended to provide for the protection
of Options Participants and their customers, who must bear the burden
of market risk for stale orders caused by circumstances outside of
their control. The additional provision to the exception to provide for
when a Triggering Event occurs while a Session Order has been routed to
an away exchange, so that any remaining quantity that might be returned
to BOX will be cancelled, is consistent with the purpose of the Session
Order, and would further provide for the protection of investors and
the efficiency and fairness of the market. As such, the Exchange
believes the proposed change is consistent with the Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    This proposed rule change is filed pursuant to paragraph (A) of
section 19(b)(3) of the Exchange Act \7\ and Rule 19b-4(f)(6)
thereunder.\8\ This proposed rule change does not significantly affect
the protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest.\9\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change along with a brief description and the text
of 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.
---------------------------------------------------------------------------

    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 email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2012-019 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-BOX-2012-019. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official

business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BOX-2012-019 and should be submitted on or before
December 24, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29074 Filed 11-30-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69449-69450]
[FR Doc No: 2019-27256]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0255]

Agency Information Collection Activities; Renewal of an Approved
Information Collection: Training Certification for Drivers of Longer
Combination Vehicles

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

ACTION: Notice; request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for
approval and invites public comment. FMCSA requests approval to renew
the ICR titled ``Training Certification for Drivers of Longer
Combination Vehicles (LCVs),'' OMB Control No. 2126-0026. This ICR
relates to Agency requirements for drivers to be certified to operate
LCVs, and associated recordkeeping requirements that motor carriers
must satisfy before permitting their drivers to operate LCVs. Motor
carriers, upon inquiry by authorized Federal, State or local officials,
must produce an LCV Driver-Training Certificate for each of their LCV
drivers.

DATES: We must receive your comments on or before February 18, 2020.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2019-0255 by any of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Instructions: All submissions must include the Agency name
and docket number. For detailed instructions on submitting comments,
see the Public Participation heading below. Note that all comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided. Please see the Privacy Act
heading below.
     Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov, and
follow the online instructions for accessing the dockets, or go to the
street address listed above.
     Privacy Act: In accordance with 5 U.S.C. 553(c), DOT
solicits comments from the public to better inform its rulemaking
process. DOT posts these comments, without edit, including any personal
information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.
     Public Participation: The Federal eRulemaking Portal is
available 24 hours each day, 365 days each year. You can obtain
electronic submission and retrieval help and guidelines under the
``help'' section of the Federal eRulemaking Portal website. If you want
us to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard, or print the acknowledgement
page that appears after submitting comments online. Comments received
after the comment closing date will be included in the docket and will
be considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division, DOT, FMCSA, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>.
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    An LCV is any combination of a truck-tractor and two or more semi-
trailers or trailers that operates on the National System of Interstate
and Defense Highways (according to 23 CFR 470.107) and has a gross
vehicle weight greater than 80,000 pounds. To enhance the safety of LCV
operations on our Nation's highways, Section 4007(b) of the Motor
Carrier Act of 1991 directed the Secretary of Transportation to
establish Federal minimum training requirements for drivers of LCVs
[Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA),
Public Law 102-240, 105 Stat. 1914, 2152]. The Secretary of
Transportation delegated responsibility for establishing these
requirements to FMCSA (49 CFR 1.87), and on March 30, 2004, after
appropriate notice and solicitation of public comment, FMCSA
established the current training requirements for operators of LCVs (69
FR 16722). The regulations bar motor carriers from permitting their
drivers to operate an LCV if they have not been properly trained in
accordance with the requirements of 49 CFR 380.113. Drivers receive an
LCV Driver-Training Certificate upon successful completion of these
training requirements. Motor carriers employing an LCV driver must
verify the driver's qualifications to operate an LCV, and must maintain
a copy of the LCV Driver-Training Certificate and present it to
authorized Federal, State, or local officials upon request.

Renewal of This Information Collection (IC)

    The currently approved burden hour estimate associated with this
IC, approved by OMB on May 19, 2017, is 5,565 hours. The Agency
requests a reduction in the burden hour estimates from 5,565 hours to
4,244 hours. The reduction in burden hour estimates and costs is the
result of correcting an error; the incorrect growth rate from the
Bureau of Labor Statistics was previously used to estimate the number
of new drivers requiring LCV driver training certificates. As a result,
FMCSA over-estimated the number of new drivers, annual burden hours,
hours for preparing training certificates, number of drivers who
undergo the hiring process, number of respondents, number of responses,
and costs to respondents.
    Separately, the currently approved version of this IC incorrectly
accounted for LCV driver training costs, estimated to be $7,035,160
annually. Training is not considered to be an information collection
burden. For this updated version of the ICR, the Agency is removing the
costs associated with training. Instead, FMCSA has calculated the labor
costs associated with the LCV driver training recordkeeping
requirements. The annual cost burden is estimated to be $135,734.
    The expiration date of the current ICR is May 31, 2020. Through
this request,

FMCSA requests a renewal of the paperwork burden associated with the
ICR titled ``Training Certification for Drivers of Longer Combination
Vehicles (LCVs),'' OMB Control No. 2126-0026. This ICR corrects and
updates all of the affected areas, as shown in the table below.

----------------------------------------------------------------------------------------------------------------
                                                                      Current        Proposed
                            Estimate                                approved IC     updated IC      Difference
----------------------------------------------------------------------------------------------------------------
Number of Drivers Engaged in the Operation of LCVs in the U.S...          44,095          38,503         (5,592)
Total Annual Burden.............................................           5,565           4,244         (1,321)
Number of New Drivers...........................................           2,360             218         (2,142)
Number of Hours for Preparing Training Certificates.............             394              36           (358)
Number of Drivers Who Undergo Hiring Process....................          31,022          25,245         (5,777)
Number of Respondents...........................................          59,684          50,708         (8,976)
Number of Responses.............................................          59,684          50,708         (8,976)
Labor Costs to Respondents......................................              $0        $135,734        $135,734
Annual Costs to Respondents.....................................      $7,035,160              $0    ($7,035,160)
----------------------------------------------------------------------------------------------------------------

    Title: Training Certification for Drivers of LCVs.
    OMB Control Number: 2126-0026.
    Type of Request: Renewal and correction of a currently-approved
information collection.
    Respondents: LCV training providers who train new LCV drivers;
drivers who complete LCV training each year; current LCV drivers who
submit their LCV Driver-Training Certificate to prospective employers;
and employers (motor carriers) receiving and maintaining copies of the
LCV Driver-Training certificates of their drivers.
    Estimated Number of Respondents: 50,708, consisting of 218 LCV
training providers, plus 218 newly-certified LCV drivers, plus 25,027
currently-certified LCV drivers, plus 25,245 motor carriers employing
LCV drivers.
    Estimated Time per Response: 10 minutes for preparation of LCV
Driver-Training Certificates for drivers who successfully complete the
LCV training, and 10 minutes for activities associated with the LCV
Driver-Training Certificate during the hiring process.
    Expiration Date: May 31, 2020.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 4,244 hours. The total number of
drivers who will be subjected to these requirements each year is
25,245, consisting of 218 newly-certified LCV drivers, and 25,027
currently-certified LCV drivers obtaining new employment. Additionally,
218 LCV training providers will be required to prepare the training
certificates for newly-certified drivers. The total annual information
collection burden is approximately 4,244 hours, consisting of 36 hours
for preparation of LCV Driver-Training Certificates [218 drivers
successfully completing LCV driver training x 10 minutes / 60 minutes/
hour] and 4,208 hours for requirements related to the hiring of LCV
drivers [25,245 LCV drivers obtaining new employment x 10 minutes / 60
minutes/hour].
    Estimated Total Cost to Respondents: $135,734.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for FMCSA's performance; (2) the accuracy of
the estimated burden; (3) ways for FMCSA to enhance the quality,
usefulness, and clarity of the collected information; and (4) ways that
the burden could be minimized without reducing the quality of the
collected information. The Agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued under the authority of 49 CFR 1.87 on December 11, 2019.
Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2019-27256 Filed 12-17-19; 8:45 am]
 BILLING CODE 4910-EX-P