[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Page 31506]
[FR Doc No: 2023-10512]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14851-003]

White Pine Waterpower, LLC; Notice of Anticipated Schedule for
White Pine Pumped Storage Project

    On February 27, 2023, White Pine Waterpower, LLC filed an
application for authorization to construct and operate the White Pine
Pumped Storage Project. The project would be located approximately 8
miles northeast of the City of Ely, in White Pine County, Nevada. The
project would occupy 1,095.76 acres of land managed by the US Bureau of
Land Management.
    The application will be processed according to the following
anticipated schedule.
    Notice of Ready for Environmental Analysis: December 2023.
    Draft National Environmental Policy Act Document: September 2024.
    Final National Environmental Policy Act Document: March 20, 2025.
    In addition, in accordance with title 41 of the Fixing America's
Surface Transportation Act, enacted on December 4, 2015, agencies are
to publish completion dates for all Federal environmental reviews and
authorizations. This notice identifies the Commission's anticipated
schedule for issuance of the final order for the project, which is
based on the anticipated date of issuance of the final National
Environmental Policy Act document. Accordingly, we currently anticipate
issuing a final order for the project no later than:
    Issuance of Final Order: June 19, 2025.
    If a schedule change becomes necessary, an additional notice will
be provided so that interested parties and government agencies are kept
informed of the project's progress.

    Dated: May 11, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-10512 Filed 5-16-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 94 (Thursday, May 14, 2020)]
[Notices]
[Pages 28992-28996]
[FR Doc No: 2020-10286]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88840; File No. SR-NYSEAMER-2020-37]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change Modifying the
NYSE American Options Fee Schedule

May 8, 2020.
    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 May 6, 2020, NYSE American LLC (``NYSE American'' 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify the NYSE American Options Fee
Schedule (``Fee Schedule'') to extend through May 2020 certain fee
changes implemented for April 2020. The Exchange proposes to implement
the fee change effective May 6, 2020.\4\ The proposed 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.
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    \4\ The Exchange originally filed to amend the Fee Schedule on
May 1, 2020 (SR-NYSEAMER-2020-36) and withdrew such filing on May 6,
2020.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The purpose of this filing is to modify the Fee Schedule to extend
through May 2020 certain fee changes implemented for April 2020, as
described below. The Exchange proposes to implement the fee change
effective May 6, 2020.
    On March 18, 2020, the Exchange announced that it would temporarily
close the Trading Floor, effective Monday, March 23, 2020, as a
precautionary measure to prevent the potential spread of COVID-19.
Following the temporary closure of the Trading Floor, the Exchange
temporarily modified certain fees for April 2020.\5\ Because the
Trading Floor remains closed and has been closed for a longer period
than expected--including seven business days in March, the Exchange
proposes to extend the April 2020 fee changes through May 2020.
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    \5\ See Securities Exchange Act Release Nos. 88595 (April 8,
2020), 85 FR 20737 (April 14, 2020) (SR-NYSEAMER-2020-25) (waiving
Floor-based fixed fees); 88682 (April 8, 2020), 85 FR 20799 (April
14, 2020) (SR-NYSEAMER-2020-26) (raising Floor Broker QCC Rebate
Cap); 88682 (April 17, 2020), 85 FR 22772 (April 23, 2020) (SR-
NYSEAMER-2020-31) (including reversals and conversions in Strategy
Execution Fee Cap).
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Waiver of Floor-Based Fixed Fees
    First, the Exchange proposes to extend through May 2020 the waiver
of the following Floor-based fix fees, which relate directly to Floor
operations, are charged only to Floor participants and do not apply to
participants that conduct business off-Floor:
     Floor Access Fee;
     Floor Broker Handheld
     Transport Charges
     Floor Market Maker Podia;
     Booth Premises; and
     Wire Services.\6\
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    \6\ See proposed Fee Schedule, Section III.B, Monthly Trading
Permit, Rights, Floor Access and Premium Product Fees, and IV.
Monthly Floor Communication, Connectivity, Equipment and Booth or
Podia Fees.
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    This proposed extension of the fee waiver would reduce monthly
costs for Floor participants whose operations have been disrupted by
the unanticipated Floor closure. In reducing this monthly financial
burden while the Floor remains temporarily closed, the proposed change
would allow affected participants to reallocate funds to assist with
the cost of shifting and maintaining their previously on-Floor
operations to off-Floor and recoup losses as a result of the
unanticipated Floor closure. Absent this change, such participants may
experience an unexpected increase in the cost of doing business on the
Exchange.\7\ The Exchange believes that all ATP Holders that conduct
business on the Trading Floor would benefit from this proposed fee
change.
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    \7\ The Exchange will refund participants of the Floor Broker
Prepayment Program for any prepaid May 2020 fees that are waived.
See proposed Fee Schedule, Section III.E (providing that ``the
Exchange will refund certain of the prepaid Eligible Fixed costs
that were waived for April and May 2020, per Sections III.B and
IV'').
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Floor Broker QCC Cap
    Second, the Exchange proposes to extend through May 2020 the
increase in the maximum allowable Floor Broker credit, which is
typically $425,000 up to $625,000 per month per Floor Broker (the ``FB
QCC Cap'').\8\ Following the temporary closure of the Trading Floor,
the Exchange experienced an unanticipated surge in QCC trades. The
Exchange therefore believes that extending this fee change during the
period while the Trading Floor remains temporarily closed would allow
incentives to operate as intended--to encourage Floor Brokers to
execute volume on the Exchange and to continue to execute all QCC
transactions on the Exchange and, for the month of May, to continue to
increase the number of such QCC transactions.
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    \8\ See proposed Fee Schedule, Section I.F., QCC Fees & Credits,
n. 1 (setting forth available credits to Floor Brokers and providing
that ``[t]he maximum Floor Broker credit paid shall not exceed
$425,000 per month per Floor Broker firm (the ``Cap''), except that
for the months of April and May 2020, the Cap would be $625,000 per
Floor Broker firm'').
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    Absent the proposed change, participating Floor Brokers--whose
operations have been disrupted by the unanticipated Floor closure for
more than a month--could experience an unintended increase in the cost
of trading on the Exchange, a result that is unintended and undesirable
to the Exchange and its Floor Brokers trading QCCs. The Exchange
believes that extending the increase in the FB QCC Cap through May
would provide Floor Brokers with greater certainty as to their monthly
costs and diminish the likelihood of an effective increase in the cost
of trading.
    The Exchange cannot predict with certainty whether any Floor
Brokers would benefit from this proposed fee change. However, without
this proposed change during a time when Floor Brokers have increasingly
turned to QCCs because the temporary Trading Floor closure prevents
open outcry trading, the Exchange believes the proposed change is
necessary to prevent Floor Brokers from diverting QCC order flow from
the Exchange if and when they hit the Cap.
Strategy Fee Execution Cap
    Finally, the Exchange proposes to extend through May 2020 the
inclusion of reversals and conversions executed as QCCs (``RevCon
QCCs'') in the $1,000 daily Strategy Execution Cap (the ``Strategy
Cap'').\9\ Absent this change, RevCon QCCs are not eligible for the
Strategy Cap (but instead are subject to QCC Fees & Credits).\10\ With
the temporary closure of the Trading Floor, which has continued longer
than anticipated, Floor Brokers are unable to execute RevCons in open
outcry. Floor

Brokers, however, are able to execute RevCon QCCs electronically via
the Exchange systems. The Exchange believes the proposed inclusion of
RevCon QCCs in the Strategy Cap, which is available to all ATP Holders,
would encourage ATP Holders (including those acting as Floor Brokers)
to execute their RevCon QCC volume on the Exchange, particularly during
the period when open outcry is unavailable and to continue to increase
the number of such RevCon QCC transactions during the month of May.
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    \9\ See proposed Fee Schedule, Sections I.J., Strategy Execution
Fee Cap (including RevCon QCCs in the Strategy Cap during May 2020)
and Section I.F., QCC Fees & Credits, n. 1 (providing that ``[t]he
Floor Broker credit will not apply to any QCC trades that qualify
for the Strategy Cap during the months of April and May 2020 (per
Section I.J.)'').
    \10\ See Fee Schedule, Section I.F., QCC Fees & Credits.
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    The Exchange cannot predict with certainty whether any ATP Holders
would benefit from this proposed fee change. At present, whether or
when an ATP Holder qualifies for the Strategy Cap varies day-to-day,
month-to-month. That said, the Exchange believes that ATP Holders would
be encouraged to take advantage of the modified Cap. In addition, the
Exchange believes the proposed change is necessary to prevent ATP
Holders from diverting RevCon QCC order flow from the Exchange to a
more economical venue.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\12\ 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.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.''\13\
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    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
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    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\14\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity & ETF options
order flow. More specifically, in January 2020, the Exchange had less
than 10% market share of executed volume of multiply-listed equity &
ETF options trades.\15\
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    \14\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/market-data/volume/default.jsp.
    \15\ Based on OCC data, see id., the Exchange's market share in
equity-based options declined from 9.82% for the month of January
2019 to 8.08% for the month of January 2020.
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise, changes
to exchange transaction fees and credits can have a direct effect on
the ability of an exchange to compete for order flow. The proposed rule
change is a reasonable attempt by the Exchange to increase the depth of
its market and improve its market share relative to its competitors.
The Exchange's fees are constrained by intermarket competition, as ATP
Holders--whose operations may have been (unintentionally) disrupted by
the unanticipated temporary closure of the Floor--may direct their
order flow to any of the 16 options exchanges.
Waiver of Floor-Based Fixed Fees
    This proposed extension of the fee waiver is reasonable, equitable,
and not unfairly discriminatory because it would reduce monthly costs
for Floor participants whose operations have been disrupted by the
unanticipated Floor closure for more than a month. In reducing this
monthly financial burden, the proposed change would allow affected
participants to reallocate funds to assist with the cost of shifting
and maintaining their previously on-Floor operations to off-Floor and
recoup losses as a result of the unanticipated Floor closure. Absent
this change, such participants may experience an unexpected increase in
the cost of doing business on the Exchange.
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits as it merely continues the fee
waiver granted in April 2020, which impacts fees charged only to Floor
participants and do not apply to participants that conduct business
off-Floor.
    The Exchange believes that the proposal is not unfairly
discriminatory because the proposed continuation of the fee waiver
would affect all similarly-situated market participants on an equal and
non-discriminatory basis.
    The Exchange believes that all ATP Holders that conduct business on
the Trading Floor would benefit from this proposed fee change.
FB QCC Cap
    This proposed extension of the increase to the FB QCC Cap through
May is reasonable, equitable, and not unfairly discriminatory because
it would allow Exchange incentives to operate as intended and continue
encourage QCC volume, which has seen an uptick in volume on the
Exchange following the temporary closure of the Trading Floor. The
proposed change would also facilitate fair and orderly markets by
attempting to avoid an unintended increase in the cost of Floor
Brokers' QCC trading on the Exchange. Absent the proposed change,
participating Floor Brokers could experience an unintended increase in
the cost of trading on the Exchange, a result that is unintended and
undesirable to the Exchange and its Floor Brokers trading QCCs. The
Exchange believes that the proposed increase to the Cap for May when
the Trading Floor continues to be unavailable would provide Floor
Brokers with greater certainty as to their monthly costs and diminish
the likelihood of an effective increase in the cost of trading. To the
extent that the proposed change attracts more QCC trades to the
Exchange, this increased order flow would continue to make the Exchange
a more competitive venue for, among other things, order execution,
which, in turn, promotes just and equitable principles of trade and
removes impediments to and perfects the mechanism of a free and open
market and a national market system.
    The Exchange cannot predict with certainty whether any Floor
Brokers would benefit from this proposed fee change. However, without
this proposed change during a time when Floor Brokers have increasingly
turned to QCCs because the ongoing temporary Trading Floor closure
prevents open outcry trading, the Exchange believes the proposed change
is necessary to prevent Floor Brokers from diverting QCC order flow
from the Exchange if and when they hit the FB QCC Cap.
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits and not unfairly

discriminatory because it is based on the amount and type of business
transacted on the Exchange during May and Floor Brokers can opt to
avail themselves of the modified Cap (i.e., by executing more QCC
transactions) or not. The proposed change would incent Floor Brokers to
attract increased QCC order flow to the Exchange that might otherwise
go to other options exchanges.
    The Exchange believes it is not unfairly discriminatory to modify
the maximum allowable credit on QCC transactions to Floor Brokers
because the proposed modification would be available to all similarly-
situated market participants (i.e., Floor Brokers) on an equal and non-
discriminatory basis.
Strategy Cap
    This proposed extension of the inclusion of RevCon QCCs in the
$1,000 daily Strategy Cap for May 2020 is reasonable, equitable, and
not unfairly discriminatory because it would encourage ATP Holders to
execute their RevCon QCC volume on the Exchange, particularly during
the period when open outcry is unavailable due to the ongoing temporary
closure of the Trading Floor and to increase the number of such RevCon
QCC transactions during the month of May. Further, the proposal is
designed to encourage ATP Holders to aggregate all Strategy
Executions--including RevCon QCCs--at the Exchange as a primary
execution venue. To the extent that the proposed change attracts more
Strategy Executions to the Exchange, this increased order flow would
continue to make the Exchange a more competitive venue for order
execution. Thus, the Exchange believes the proposed rule change would
improve market quality for all market participants on the Exchange and,
as a consequence, attract more order flow to the Exchange thereby
improving market-wide quality and price discovery.
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits and not unfairly discriminatory
because it is based on the amount and type of business transacted on
the Exchange and ATP Holders can opt to avail themselves of the
modified Strategy Cap (i.e., by executing more RevCon QCC transactions)
or not.
    The Exchange believes it is not unfairly discriminatory to extend
the modification of the Strategy Cap through May because the proposed
change would be available to all similarly-situated market participants
on an equal and non-discriminatory basis.
    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.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed changes
would encourage the continued participation of affected ATP Holders,
thereby promoting market depth, price discovery and transparency and
enhancing order execution opportunities for all market participants. As
a result, the Exchange believes that the proposed change furthers the
Commission's goal in adopting Regulation NMS of fostering integrated
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.'' \16\
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    \16\ See Reg NMS Adopting Release, supra note 13, at 37499.
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    Intramarket Competition. The proposed continuation of the April
2020 fee changes through May 2020 are designed to reduce monthly costs
for Floor participants whose operations have been disrupted by the
unanticipated Floor closure as well as to avoid an unintended increase
in trading costs given the unavailability of open outcry trading on the
Exchange. In addition, the continuation of the April 2020 fee changes
is designed to attract additional order flow (particularly QCC trades
and RevCon QCCs) to the Exchange
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange currently has more than 16% of the market share of executed
volume of multiply-listed equity and ETF options trades.\17\ Therefore,
currently no exchange possesses significant pricing power in the
execution of multiply-listed equity & ETF options order flow. More
specifically, in January 2020, the Exchange had less than 10% market
share of executed volume of multiply-listed equity & ETF options
trades.\18\
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    \17\ See supra note 14.
    \18\ Based on OCC data, supra note 15, the Exchange's market
share in equity-based options was 9.57% for the month of January
2019 and 9.59% for the month of January, 2020.
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    The Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's fees in a
manner designed to reduce monthly costs for Floor participants whose
operations have been disrupted by the unanticipated Floor closure and
to encourage ATP Holders to direct trading interest (particularly QCCs
and RevCon QCCs) to the Exchange, to provide liquidity and to attract
order flow. To the extent that this purpose is achieved, all the
Exchange's market participants should benefit from the improved market
quality and increased opportunities for price improvement.

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) \19\ of the Act and subparagraph (f)(2) of Rule
19b-4 \20\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \21\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \21\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAMER-2020-37 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-NYSEAMER-2020-37. 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-NYSEAMER-2020-37, and should be
submitted on or before June 4, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-10286 Filed 5-13-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1856-1858]
[FR Doc No: 2013-00268]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2012-0979; FRL-9375-1]

Availability of Draft Chemical Risk Assessments; Public Comment
Opportunity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: With this document, EPA is announcing the availability of and
opening the 60-day public comment period for several draft chemical
risk assessments. These draft risk assessments address five of the
initial seven chemicals from the Agency's TSCA Work Plan identified on
March 1, 2012, for assessment during 2012. The chemicals are antimony
trioxide, methylene chloride, n-methylpyrrolidone, trichloroethylene,
and 1,3,4,6,7,8-hexahydro-4,6,6,7,8,8,-hexamethylcyclopenta[g]-2-
benzopyran. Methylene chloride and n-methylpyrrolidone are included in
a single docket because both assessments will be addressed by the same
peer review panel. EPA is also asking the public for nominations of
expert peer reviewers and to submit names with contact information
(full name, address, affiliation, telephone, and email) within 30 days
of the opening of this public comment period. The nominations of expert
peer reviewers from the public will be relayed to the independent peer
review contractor setting up the individual peer review panels. Public
comments submitted on these draft risk assessments will be included in
materials submitted to peer review panels for their reviews of the
assessments after this public comment period closes.

DATES: Comments for nominations of peer reviewers must be received on
or before February 8, 2013 and comments on the draft assessments and
the charge questions for the external peer reviews must be received on
or before March 11, 2013.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number for the corresponding chemical risk
assessment as identified in this document, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
ATTN: Docket ID Number [Please include the applicable docket ID number
as identified in this document]. The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted during
the DCO's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. To make special arrangements
for hand delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Barone, Risk Assessment
Division (7403M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including those interested in
environmental and human health; the chemical industry; chemical users;
consumer product companies and members of the public interested in the
assessment of chemical risks. Since others also may be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

II. What authorities apply to this action?

    In the Agency's February 2012 TSCA Work Plan Chemicals Methods
Document (http://www.epa.gov/oppt/existingchemicals/pubs/wpmethods.pdf), released to the public on March 1, 2012, EPA described
the two-step process the Agency used to identify potential candidate
chemicals for near-term review and assessment under the Toxic
Substances Control Act (TSCA) (15 U.S.C. 2601, et seq.). The Agency
announced its intent to use the TSCA Work Plan to help focus and direct
the activities of the Existing Chemicals Program in the Office of
Pollution Prevention and Toxics (OPPT). EPA also identified an initial
group of seven of the Work Plan Chemicals to begin assessment in 2012.
EPA invited public comment throughout this process through a non-
regulatory docket created for this activity, EPA-HQ-OPPT-2011-0516,

which can be accessed online at http://www.regulations.gov.
    As described in the Methods Document, EPA notes that identification
of a chemical as a TSCA Work Plan Chemical does not itself constitute a
finding by the Agency that the chemical presents a risk to human health
or the environment. Rather, identification of a chemical as a TSCA Work
Plan Chemical indicates only that the Agency intends to consider it for
further review.

III. What action is the agency taking?

    EPA is announcing the availability of and opening the public
comment period for the following draft chemical risk assessments. EPA
also invites comments on whether there are other uses that may result
in high potential consumer exposures EPA should consider as future
assessment and/or collection priorities for these chemicals. This unit
identifies the individual draft chemical risk assessments by title,
docket ID number, and chemical or chemicals covered. Use the specific
docket ID number provided in this unit to locate a copy of the
chemical-specific document, as well as to submit comments via http://www.regulations.gov.

A. Docket ID Number EPA-HQ-OPPT-2012-0722

    Title: Availability of Draft Chemical Risk Assessments; Public
Comment Opportunity: 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8,-
hexamethylcyclopenta[g]-2-benzopyran (HHCB) (CASRN 1222-05-5).
    Chemical Covered: 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8,-
hexamethylcyclopenta[g]-2-benzopyran (HHCB; CASRN 1222-05-5).
    Summary: HHCB is a synthetic polycyclic musk used as an ingredient
in a wide range of consumer products including perfumes, cosmetics,
shampoos, lotions, detergents, fabric softeners, and cleaning agents.
The draft assessment focuses on environmental risk due to release of
HHCB to the aquatic and terrestrial environment from all combined uses.
Human health risks have been evaluated previously and are summarized in
this draft assessment.
    For HHCB, EPA is asking for nominations of peer reviewers who are
experts in the following areas: Aquatic ecotoxicology, terrestrial
ecotoxicology, fate and biodegradation, fate and bioaccumulation,
environmental risk assessment (aquatic and terrestrial), and analytical
chemistry of organic waste water contaminants.

B. Docket ID Number EPA-HQ-OPPT-2012-0723

    Title: Availability of Draft Chemical Risk Assessments; Public
Comment Opportunity: Trichloroethylene (CASRN 79-01-6).
    Chemicals Covered: Trichloroethylene (TCE; CASRN 79-01-6).
    Summary: The draft assessment focuses on uses of TCE as a degreaser
and in consumer products used by individuals in the arts/crafts field.
Given the range of endpoints (cancer; non-cancer, including potential
effects on the developing fetus), the susceptible populations addressed
are children and adults of all ages (including pregnant women). Thus,
the draft assessment focuses on all human lifestages.
    For TCE, EPA is asking for nominations of peer reviewers who are
experts in the following areas: Toxicology of TCE (developmental
cardiotoxicity, immunotoxicology, reproductive toxicology, and cancer
biology), expertise in physiologically based pharmaco-kinetics modeling
for TCE, exposure of volatile organics, experts on use of volatiles as
solvent degreasers and in the arts/crafts field, chemical/environmental
risk assessment experts, experts familiar with environmental release
data (i.e., TRI, NEI) and associated modeling/interpretation.

C. Docket ID Number EPA-HQ-OPPT-2012-0724

    Title: Availability of Draft Chemical Risk Assessments; Public
Comment Opportunity: Antimony Trioxide (CASRN 1309-64-4).
    Chemical Covered: Antimony trioxide (ATO; CASRN 1309-64-4).
    Summary: This draft assessment focuses on the ecological hazards
that may be associated with ATO use in flame retardants. Human health
risks for the flame retardant use have been evaluated previously and
are summarized in this draft assessment. Because ATO use in plastics
was previously evaluated for human health and the environment, that use
scenario is not evaluated here.
    For ATO, EPA is asking for nominations of peer reviewers who are
experts in the following areas: Exposure modeling, aquatic
ecotoxicology, terrestrial ecotoxicology, inorganic chemistry
addressing water and sediment issues, and ground water.

D. Docket ID Number EPA-HQ-OPPT-2012-0725

    Title: Availability of Draft Chemical Risk Assessments; Public
Comment Opportunity: Methylene Chloride (dichloromethane, DCM; CASRN
75-09-2) and N-Methylpyrrolidone (NMP; CASRN 872-50-4).
    Chemicals Covered: Methylene Chloride (dichloromethane, DCM; CASRN
75-09-2) and N-Methylpyrrolidone (NMP; CASRN 872-50-4).
    Summary: These related draft assessments focus on the use of DCM
and NMP in paint stripping and will be addressed by the same peer
review panel. With regard to DCM, the draft assessment focuses on
inhalation exposure to consumers and workers, and addresses human
health concerns for both cancer and non-cancer effects. The low concern
for environmental effects of DCM is discussed in the draft assessment.
With regard to NMP, the draft assessment focuses on inhalation and
dermal exposure to consumers and workers. The low concern for
environmental effects of NMP is discussed in the draft assessment.
    For DCM and NMP, EPA is asking for nominations of peer reviewers
who are experts in the following areas: Inhalation toxicology,
toxicokinetics/PBPK modeling, dermal toxicology, neurotoxicology,
immunotoxicology, developmental and reproductive toxicology, cancer
biology, expertise in U.S. consumer modeling (inhalation and dermal),
expertise in occupational exposure assessment (inhalation and dermal)
especially as related to volatile organic chemicals.
    The draft risk assessments on the two remaining chemicals from the
initial group of seven Work Plan chemicals scheduled to begin
assessment in 2012--the long- and medium-chain chlorinated paraffins--
are on a different schedule for completion and will be made available
for public comment through another Federal Register notice issued on a
later date.

V. What is the next step?

    The list of candidate peer reviewers, those nominated by the public
as well as those identified by a contractor, will be made available in
the Federal Register for public comment. After a 30-day comment period,
informed by any comments, the contractor will select the peer
reviewers. The detailed Peer Review Plans for the draft assessments are
accessible through the Agency's Peer Review Agenda Web site at http://cfpub.epa.gov/si/si_public_pr_agenda.cfm. EPA will consider comments
received from the public and the subsequent peer review when finalizing
the individual chemical risk assessments and will describe in a written
report how EPA addressed public and reviewer comments in the

final assessments. EPA will issue another Federal Register notice to
announce the availability of the final risk assessments. If you have
any questions about any of these risk assessments or the Agency's
programs in general, please contact the person listed under FOR FURTHER
INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: January 3, 2013.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2013-00268 Filed 1-8-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Notices]
[Pages 58510-58511]
[FR Doc No: 2016-20408]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9951-35-OA]

Meeting of the Local Government Advisory Committee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Local Government Advisory Committee's (LGAC) Protecting
America's Waters Workgroup is seeking input on the LGAC's Charge from
the U.S. Environmental Protection Agency (EPA) to give advice and
recommendations to the Administrator to inform the development of a
National Action Plan for Drinking Water (Action Plan). The LGAC will
provide their final recommendations to the EPA Administrator during the
autumn of 2016.
    EPA is committed to working with government partners, communities,
and stakeholders to strengthen the nations drinking water systems. The
LGAC Protecting America's Waters Workgroup will have a series of
meetings to hear from local elected and appointed officials. These
meetings will be held on Wednesday, September 7th, 2016 at 4:30-5:30
EDT; and Wednesday, September 21st, 4:30-5:30 EDT via teleconference.
The focus of the

workgroup meeting is to hear from local officials on issues of concern
related to LGAC's Charge (included below).
    The Workgroup will consider the following:
     Advancing Next Generation Safe Drinking Water Act
Implementation: Identify key opportunities for federal, state, tribal
and local government to work together to implementation of Safe
Drinking Water Act regulations and programs, including ways to increase
communication and public awareness and accountability.
     Addressing Environmental Justice and Equity in
Infrastructure Funding: Identify ways in which federal, state, tribal
and local governments, and utilities can work together to ensure that
drinking water infrastructure challenges of low-income environmental
justice communities and small systems are being appropriately
prioritized and addressed, including through increased information,
sharing and replicating best practices, and building community
capacity.
     Strengthening Protections against Lead in Drinking Water:
Identify opportunities to coordinate and collaborate on implementing
the current Lead and Copper Rule, particularly in environmental justice
communities and expand and strengthen opportunities for stakeholder
engagement to support the development of a revised rule.
     Emerging and Unregulated Contaminant Strategies: Develop
and implement improved approaches through which EPA, state, tribal and
local governments, utilities and other stakeholders can work together
to prioritize and address the challenges posed by emerging and
unregulated contaminants such as algal toxins and perfluorinated
compounds (PFCs) and increasing public awareness, especially in
vulnerable populations.
     The Workgroup is also interested in information on how
public and private sector partnerships have advanced economic
solutions; where source water protection saved taxpayers' dollars; and
where communities have created jobs and produced public savings by
ensuring clean and healthy water infrastructure.
    This is an open meeting and state, local and tribal officials are
invited to participate. The Workgroup will hear comments from state,
local and tribal officials and the public between 4:45 p.m.-5:15 p.m.
on Wednesday, September 7, 2016 and Wednesday, September 21, 2016.
Individuals or organizations wishing to address the workgroup will be
allowed a maximum of five minutes to present their point of view. Also,
written comments are encouraged and may be submitted electronically to
<EMAIL_ADDRESS>    Please contact the Designated Federal Officer (DFO) at the number
listed below to schedule comment time. Time will be allotted on a
first-come first-serve basis. If you are interested in participating in
this or subsequent meetings of the workgroup, details will be posted
when they are available at: https://www.epa.gov/ocir/local-government-advisory-committee-lgac. Comments submitted to the workgroup are solely
for the Workgroup's consideration.

ADDRESSES: The LGAC Protecting America's Waters Workgroup meeting will
be held via teleconference. The Workgroup's meeting summary will be
available after the meeting online at: https://www.epa.gov/ocir/local-government-advisory-committee-lgac and can be obtained by written
request to the DFO.

FOR FURTHER INFORMATION CONTACT: Frances Eargle, the Designated Federal
Officer for the Local Government Advisory Committee (LGAC) at (202)
564-3115 or email at<EMAIL_ADDRESS>    Information on Services for Those With Disabilities: For
information on access or services for individuals with disabilities,
please contact Frances Eargle at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,
please request 2 days prior to the meeting, to give EPA as much time as
possible to process your request.

    Dated: August 19, 2016.
Jack Bowles,
Director, State and Local, Office of Congressional and
Intergovernmental Relations.
[FR Doc. 2016-20408 Filed 8-24-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: July 17, 2009 (Volume 74, Number 136)]
[Notices]
[Page 34768]
[DOCID:fr17jy09-82]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0001]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; new information
collection; OMB No. 1660-NW35; FEMA Form 528-1, NEFRLS Registration;
and FEMA Form 528-2, NEFRLS Search.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has submitted
the information collection abstracted below to the Office of Management
and Budget for review and clearance in accordance with the requirements
of the Paperwork Reduction Act of 1995. The submission describes the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and includes the actual data
collection instruments FEMA will use.

DATES: Comments must be submitted on or before August 17, 2009.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or e-mail address FEMA-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: National Emergency Family Registry and Locator System
(NEFRLS).
    Type of information collection: New information collection.
    OMB Number: 1660-NW35.
    Form Titles and Numbers: FEMA Form 528-1, NEFRLS Registration; and
FEMA Form 528-2, NEFRLS Search.
    Abstract: NEFRLS is a Web-based system. The information collected
in the NEFRLS will be used to help facilitate the reunification of
family members that have been displaced due to a major disaster or
emergency.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 446,648.
    Frequency of Response: On Occasion.
    Estimated Average Hour Burden per Respondent: .74 Hours.
    Estimated Total Annual Burden Hours: 328,366.
    Estimated Cost: There is no start-up, operational or other costs
associated with this information collection.

    Dated: July 10, 2009.
Larry Gray,
Director, Records Management Division, Office of Management, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. E9-17068 Filed 7-16-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40649-40651]
[FR Doc No: 2018-17567]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0242]

Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from four individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against operation of a commercial motor
vehicle (CMV) by persons with a current clinical diagnosis of
myocardial infarction, angina pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular disease of a variety known to
be accompanied by syncope, dyspnea, collapse, or congestive heart
failure. If granted, the exemptions would enable these individuals with
implantable cardioverter defibrillators (ICDs) to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before September 14, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0242 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. 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
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov, at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment 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.
    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 http://www.regulations.gov, as described in
the system records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The four individuals listed in this notice have requested an
exemption from 49 CFR 391.41(b)(4). Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting the exemption will achieve the required level of safety
mandated by statute.
    The physical qualification standard found in 49 CFR 391.41(b)(4)
states that a person is physically qualified to drive a CMV if that
person has no current clinical diagnosis of myocardial infarction,
angina pectoris, coronary insufficiency, thrombosis, or any other
cardiovascular disease of a variety known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac failure.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section D. Cardiovascular: Sec.  391.41(b)(4),
paragraph 4.] The advisory criteria states that ICDs are disqualifying
due to risk of syncope.
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

II. Qualifications of Applicants

David Christiansen

    Mr. Christiansen is a 42 year old driver in Illinois. A May 2018,
report from his cardiologist indicates that Mr. Christiansen's ICD was
implanted in May of 2017, and that after a corrective procedure, he has
experienced no recurrence of arrhythmia on interrogation of his ICD
which provides ``24/7'' assessment for recurrence.

Christopher G. Harville

    Mr. Harville is a 37 year old Class B CDL holder in South Carolina.
An undated letter from Mr. Harville's cardiologist reports that his ICD
was implanted in May 2014, and that as of September 2017, he has
remained asymptomatic, without complaints of dizziness,
lightheadedness, near syncope/syncope, or chest pain. The letter
further states that since ICD placement in 2014, he has never needed/
received deployment of his defibrillator and receives ICD checks every
3-6 months.

Terry W. Meredith

    Mr. Meredith is a 56 year old driver in Tennessee. An April 2018,
letter from his cardiologist states that his ICD was implanted in June
2016, and he has never received therapy from his device. His measured
ejection fraction was 30% in June 2017, and was 50-55% after a recheck
in October 2017.

Grady C. Stone

    Mr. Stone is a 67 year old driver in Georgia. An April 2018, letter
from his cardiologist states that his ICD was implanted in September
2017, and since the device implantation, he has not had any arrhythmias
detected.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0242 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment

period. FMCSA may issue a final determination any time after the close
of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0242 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17567 Filed 8-14-18; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Notices]
[Page 52108]
[DOCID:fr12se07-83]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2004-0109; FRL-8146-3]

Draft List of Initial Pesticide Active Ingredients and Pesticide
Inerts to be Considered for Screening under the Federal Food, Drug, and
Cosmetic Act; Extension of Comment Period

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice; extension of comment period.

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SUMMARY:  EPA issued a notice in the Federal Register of June 18, 2007,
concerning the draft list of the first group of chemicals that will be
screened in the Agency's Endocrine Disruptor Screening Program (EDSP).
The draft list was produced using the approach described in the
September 2005 notice, and includes chemicals that the Agency, in its
discretion, has decided should be tested first, based upon exposure
potential. This document is extending the comment period for 60 days,
from September 17, 2007, to November 16, 2007.

DATES:  Comments, identified by docket identification (ID) number EPA-
HQ-OPPT-2004-0109 must be received on or before November 16, 2007.

ADDRESSES:  Follow the detailed instructions as provided under
ADDRESSES in the Federal Register document of June 18, 2007.

FOR FURTHER INFORMATION CONTACT:  Linda Phillips, Office of Science
Coordination and Policy (7203M), Office of Prevention, Pesticides, and
Toxic Substances, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the June 18, 2007 notice a list of those who
may be potentially affected by this action. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    When preparing comments follow the procedures and suggestions given
in Unit I.B. of the SUPPLEMENTARY INFORMATION of the June 18, 2007
Federal Register notice.

C. How and to Whom Do I Submit Comments?

    To submit comments, or access the public docket, please follow the
detailed instructions as provided in Unit I.B.3. of the SUPPLEMENTARY
INFORMATION of the June 18, 2007 Federal Register notice. If you have
questions, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

II. What Action Is EPA Taking?

    This document extends the public comment period established in the
Federal Register of June 18, 2007 (72 FR 33486) (FRL-8129-3). In that
document, EPA announced the draft list of the first group of chemicals
that will be screened in the Agency's EDSP. The draft list was
developed using the approach described in the Federal Register notice
of September 27, 2005 (70 FR 56449) (FRL-7716-9). As required by the
Federal Food, Drug, and Cosmetic Act (FFDCA), all pesticides must
eventually be screened under the EDSP, and this first group is simply a
starting point. Because EPA developed this draft list of chemicals
based upon exposure potential, it should not be construed as a list of
known or likely endocrine disruptors, and it would be inappropriate to
do so. Following consideration of comments on this draft list of
chemicals, EPA will issue a second Federal Register notice containing
the final list of chemicals. EPA is hereby extending the comment
period, which was set to end on September 17, 2007, to November 16,
2007.

III. What Is the Agency's Authority for Taking this Action?

    Section 408(p) of FFDCA requires EPA to ``develop a screening
program, using appropriate validated test systems and other
scientifically relevant information, to determine whether certain
substances may have an effect in humans that is similar to an effect
produced by a naturally occurring estrogen, or such other endocrine
effect as [EPA] may designate.'' (21 U.S.C. 346a(p)). The statute
generally requires EPA to ``provide for the testing of all pesticide
chemicals.'' (21 U.S.C. 346a(p)(3)). However, EPA is authorized to
exempt a chemical, by order upon a determination that ``the substance
is anticipated not to produce any effect in humans similar to an effect
produced by a naturally occurring estrogen.'' (21 U.S.C. 346a(p)(4)).
``Pesticide chemical'' is defined as ``any substance that is a
pesticide within the meaning of the Federal Insecticide, Fungicide, and
Rodenticide Act, including all active and inert ingredients of such
pesticide.'' (21 U.S.C. 321(q)(1)).

List of Subjects

    Environmental protection, Chemicals, Endocrine Disruptors,
Pesticides

    Dated: September 4, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E7-17984 Filed 9-11-07; 8:45 am]

BILLING CODE 6560-50-S


August 6, 2003 National Advisory Council for Environmental Policy and Technology ( NACEPT) Endocrine Disruptor Methods Validation Subcommittee ( EDMVS) Plenary Meeting August 18   20, 2003 Table Mountain Inn 1310 Washington Avenue Golden, CO 80401 ( 303) 216 8040 Proposed Agenda Meeting Objectives:

1. Review and discuss the status/ results of the prevalidation work on:   the fish screening assay, specifically: the survey of vitellogenin methods in Fathead Minnow, Zebrafish and Medaka; the comparative evaluation of the Fathead Minnow assays; and the Fish Screen ( non spawning) assay; and   the steroidogenesis assay optimized protocol. 2. Provide input and advice on the:   EDSP's validation plans for the fish screening assay and steroidogenesis assay;   strain/ species white paper;   chemicals used in EDSP's prevalidation and validation.   avian detailed review paper; and   issues related to the pubertal assays. 3. Receive an update on the amphibian workshop conducted recently.

Monday, August 18, 2003 1: 30   1: 40 Welcome and Opening Comments Joe Merenda, EDMVS Chair and Director, Office of Science Coordination and Policy ( OSCP), EPA 1: 40   2: 00 Introduction, Agenda Review, and Review of Previous Meeting Summary Paul De Morgan, Facilitator, RESOLVE 2: 00   2: 30 Review of EDMVS Work Plan Jane Smith, EDMVS Designated Federal Official, OSCP, EPA 2: 30   3: 45 Presentation on Fish Screening Assays:

Results of the Survey of Vitellogenin Methods in Fathead Minnow

Results of the Survey of Vitellogenin Methods in Zebrafish and Medaka Michael Blanton, Battelle 3: 45   4: 00 Break 4: 00   4: 45 Presentation on Fish Screening Assay: Results of the Comparative Evaluation of the Fathead Minnow Dr. Irvin Schultz, Battelle 1 August 6, 2003 4: 45   5: 15 Presentation on OECD Phase 1A: Feasibility to Demonstrate the Fish Screen ( Nonspawning) Method Dr. Hirofumi Yokota, Chemicals Evaluation and Research Institute ( CERI), Japan 5: 15   5: 45 Public Comment Members of the public will be given an opportunity to comment on any aspect of the EDMVS work. The amount of time given to each individual will depend on the number of people wishing to provide comment.

5: 45 Adjourn Tuesday, August 19, 2003 7: 45   8: 00 Settling In 8: 00   9: 30 Discussion of the Fish Screening Assay 9: 30   10: 00 Overview of Amphibian Workshop Dr. Les Touart, OSCP, EPA 10: 00   10: 15 Break 10: 15   12: 30 Presentation and Discussion on Strain/ Species Dr. Sherry Parker, Research Triangle Institute ( RTI) Dr. Jimmy Spearow, AFFILIATION?

12: 30   1: 30 Lunch 1: 30   2: 30 Update on Chemicals Used for EDSP's Prevalidation and Validation Gary Timm, OSCP, EPA 2: 30 Adjourn Wednesday, August 20, 2003 8: 00   8: 15 Settling In 8: 15   10: 15 Presentation and Discussion of Avian Detailed Review Paper Dr. Les Touart, OSCP, EPA 10: 15   10: 30 Break 10: 30   12: 00 Issues Related to the Pubertal Assay Dr. L. Earl Gray, Office of Research and Development, EPA 12: 00   1: 00 Lunch 1: 00   1: 30 Presentation on Steroidogenesis Assay Optimized Protocol Carol Sloan, RTI 2 August 6, 2003 3 1: 30   2: 30 Presentation and Discussion on Steroidogenesis Prevalidation Study Plan Gary Timm, OSCP, EPA 2: 30   2: 45 Break 2: 45   3: 15 Public Comment Members of the public will be given an opportunity to comment on any aspect of the EDMVS work. The amount of time given to each individual will depend on the number of people wishing to provide comment 3: 15   3: 30 Next Steps and Agenda for Next Meeting 3: 30 Adjourn


[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Notices]
[Page 30903]
[DOCID:fr02jn10-153]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Tenth Meeting: RTCA Special Committee 209: In Joint Session With
EUROCAE WG 49: ATCRBS/Mode S Transponder MOPS Maintenance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 209: In Joint Session with
EUROCAE WG-49 ATCRBS/Mode S Transponder MOPS Maintenance.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 209: In Joint Session with EUROCAE
WG-49 ATCRBS/Mode S Transponder MOPS Maintenance.

DATES: The meeting will be held June 28-30, 2010 from 9 a.m.-5 p.m.
CET.

ADDRESSES: The meeting will be held at the EUROCAE Headquarters,
Malakoff, France near Paris Host Contact: Roland Mallwitz, +33-01-
40927930<EMAIL_ADDRESS>Secretary Contact: Gary Furr 1-
609-485-4254<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036-5133; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a RTCA Special Committee 209: In Joint Session with
EUROCAE WG-49 ATCRBS/Mode S Transponder MOPS Maintenance meeting. The
agenda will include:
     Opening Session (Host and Co-Chairs Welcome, Introductions
and Remarks).
     Review and Approval of the Agenda (SC209-WP10-01).
     Discussion of Issues Related to Proposed Changes to DO-
181D/ED-73C.
      WP10-02--Comments Related to Proposed Changes to DO-181D.
      WP10-03--Low Power Transponder and Glider Surveillance
Avionics.
      WP10-04--Issues Related to the Timeouts of Registers
0816 and 2016.
     Development of the Actual Change Documents for DO-181D and
ED-73C.
     Date, Place and Time of any Future Meetings.
     Other Business.
     Adjournment.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC on May 25, 2010.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 2010-13140 Filed 6-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17888-17889]
[FR Doc No: 2018-08516]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2018-0022]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 43 individuals from the
prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs)
against persons with insulin-treated diabetes mellitus (ITDM) from
operating a commercial motor vehicle (CMV) in interstate commerce. The
exemptions enable these individuals with ITDM to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on March 17, 2018. The exemptions
expire on March 17, 2020.

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

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On February 14, 2018, FMCSA published a notice announcing receipt
of applications from 43 individuals requesting an exemption from
diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from
the public (83 FR 6674). The public comment period ended on March 16,
2017, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is
based on the program eligibility criteria and an individualized
assessment of information submitted by each applicant. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the February 14, 2018, Federal
Register notice (83 FR 6674) and will not be repeated in this notice.
    These 43 applicants have had ITDM over a range of 1 to 43 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (two
or more) severe hypoglycemic episodes in the past five years. In each
case, an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must submit a quarterly monitoring checklist completed by
the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) each driver must report within
two business days of occurrence, all episodes of severe hypoglycemia,
significant complications, or inability to manage diabetes; also, any
involvement in an accident or any other adverse event in a CMV or
personal vehicle, whether or not it is related to an episode of
hypoglycemia; (3) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keeping a copy in his/
her driver's qualification file if he/she is self-employed. The driver
must also have a copy of the exemption when

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

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 43 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:

John H. Armstead (MT)
Christopher M. Barton (NH)
Gary E. Bennett (NC)
Teresa M. Billig (PA)
Deanne M. Burris (CT)
Clarence L. Canty, Jr. (NJ)
Sergio Carrasco (TX)
Phillip B. Claro (IL)
William D. Cucinello (AK)
Brian L. Culver (IA)
Richard L. Dalrymple (WI)
Delmar W. Daoust, Jr. (FL)
Shanay M. Davis (NJ)
Daniel Drozdowski (PA)
Christopher R. Everitt (OH)
Quitman Gardner, Jr. (MS)
Charles E. Goldbolt (LA)
William A. Gordon (VA)
John T. Green, Jr. (FL)
Rick E. Hammond (MO)
Robert W. Harkins (PA)
Leonard C. Harris (NE)
Byron K. Hicks (VA)
Howard L. Hill (TX)
Marcus E. Hughes (NM)
Ernest T. Johnson (IL)
Kevin J. Lotz (IL)
Mitchell R. McCormick (CA)
Marsdon J. Mercury (NY)
Jeffrey J. Mezzacappa (NJ)
Anthony A. Opipare (PA)
Mark C. Payne (IN)
Robert L. Pieri (PA)
Rick J. Poillucci (IL)
Rafael Santiago (FL)
Nathan M. Schaffer (MO)
Timothy J. Somers (WA)
Wade L. Swenson (TX)
Patrick A. Turner (GA)
Andrew A. Utley (IA)
Daniel J. Ward (IN)
David G. White (AL)
Rocky L. Wood (AR)
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315.

    Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08516 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Notices]
[Pages 22199-22201]
[FR Doc No: 2019-10120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85841; File No. SR-CboeBYX-2019-009]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related To
Amending its Fee Schedule Assessed on Members To Establish a Monthly
Trading Rights Fee

May 10, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 2, 2019, Cboe BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') 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 Exchange.\3\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The Commission notes that the Exchange initially filed the
proposed rule change on April 29, 2019 (SR-CboeBYX-2019-006). On May
2, 2019, the Exchange withdrew that filing and submitted this
filing.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX Equities'')
proposes to amend its fee schedule assessed on Members to establish a
monthly Trading Rights Fee. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/byx/), 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 purpose of the proposed rule change is to establish a monthly
Trading Rights Fee under the ``Membership Fees'' section of the fee
schedule. The Trading Rights Fee will be assessed on Members that trade
more than a specified volume in U.S. equities, and will assist in
covering the cost of regulating the Exchange and its Members.
Specifically, the Exchange proposes to charge Member firms a monthly
Trading Rights Fee of $250 per month for the ability to trade on the
Exchange. So as to continue to encourage active participation on the
Exchange by smaller Members, the Trading Rights Fee would not be
charged to Members with a monthly ADV \4\ of less than 100,000 shares.
Similarly, to continue to support individual investor order flow on the
Exchange, the Trading Rights Fee would not be charged to Members in
which at least 90% of their orders submitted to the Exchange per month
are retail orders.
---------------------------------------------------------------------------

    \4\ ``ADV'' means average daily volume calculated as the number
of shares added or removed, combined, per day. ADV is calculated on
a monthly basis.
---------------------------------------------------------------------------

    Additionally, the Exchange recognizes that new Members are new and
important sources of liquidity. As such, the Exchange proposes that new
Exchange Members will not be charged the proposed Trading Rights Fee
for their first three months of Membership. Moreover, for any month in
which a firm is approved for Membership with the Exchange, the monthly
Trading Rights Fee will be pro-rated in accordance with the date on
which Membership is approved. For example, if a firm's Membership is
approved on May 15, 2019, then, as proposed, it would not be charged
for its first three

months of Membership. The month of August would then be pro-rated and
the Trading Rights Fee would be assessed from August 15, 2019 through
the end of the month. During any month in which a firm terminates
Membership with the Exchange, the monthly Trading Rights Fee will not
be pro-rated.
    As proposed, the Exchange believes the Trading Rights Fee assessed
aligns with the benefit provided by allowing Members to trade on an
efficient and well-regulated market. The proposed Trading Rights Fee
will fund a portion of the cost of regulating and maintaining the
Exchange's equities market. Lastly, the Exchange believes the cost of
Exchange Membership, including the proposed Trading Rights Fees, is
significantly lower than the cost of membership in a number of other
SROs.\5\
---------------------------------------------------------------------------

    \5\ See NASDAQ Stock Market Equity Rules, Equity 7, Sec. 10(a)
(assessing a trading rights fee of $1,250 per month per each
member); New York Stock Exchange Price List 2019, ``Trading
Licenses'' (assessing an annual fee $50,000 for the first trading
license held by a member, to which the Exchange notes that the
Exchange assesses a $2,500 annual fee for membership, and that this
annual fee coupled with 12 months of the proposed Trading Rights
Fees remains substantially lower than NYSE's annual trading license
fee).
---------------------------------------------------------------------------

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.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\7\ which requires that Exchange rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Members and other persons using its facilities.
---------------------------------------------------------------------------

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

    In particular, the Exchange believes that the proposed Trading
Right Fee is reasonable because the fee will assist in funding the
overall regulation and maintenance of the Exchange. Additionally, the
Exchange believes the fee is reasonable because the cost of this
membership fee is generally less than the analogous membership fees of
other markets. For example, the Exchange's proposed Trading Rights Fee
at $250 a month is substantially lower than the NASDAQ Stock Market's
(``Nasdaq'') analogous fee, which assesses a monthly Trading Rights Fee
of $1,250 per member.
    In addition to this, the Exchange believes that not charging a
Trading Rights Fee for Members that trade less than a monthly ADV of
100,000 shares is reasonable because it ensures that smaller Members
who do not trade significant volume on BYX Equities can continue to
trade on the Exchange at a lower cost. The Exchange believes that not
charging a fee for such Members is reasonable because smaller Members
with lower volumes executed on the Exchange consume fewer regulatory
resources. The Exchange also believes that not charging a Trading
Rights Fee for Members that submit 90% or more of their orders per
month as retail orders is reasonable because it ensures retail broker
Members can continue to submit orders for individual investors at a
lower cost, thereby continuing to encourage retail investor
participation on the Exchange. Furthermore, continuing to allow smaller
Members and retail broker Members to trade on the Exchange without
incurring a Trading Rights Fee may encourage additional participation
from such Members and thereby contribute to a more diverse and
competitive market for equity securities traded on the Exchange.
    Additionally, the Exchange believes that not charging its new
Members the proposed Trading Rights Fee for their first three months of
Membership is reasonable because it provides an incentive for firms and
other participants that are not currently Members of the Exchange to
apply for Membership and bring additional liquidity to the market to
the benefit of all market participants. The Exchange believes that not
charging a Trading Rights Fee for new Members will incentivize firms to
become Members of the Exchange. The Exchange believes creating
incentives for new Exchange Members protects investors and the public
interest by increasing the competition and liquidity across the
Exchange.
    The Exchange believes that the proposed Trading Rights Fee is
equitable and is not unfairly discriminatory because it will apply
equally to all Members with an ADV of 100,000 shares or more traded per
month and all Members in which less than 90% of their orders are
submitted as retail orders per month.\8\ The Exchange believes that not
charging the Trading Rights Fee for Members that do not meet these
thresholds in a month is not unfairly discriminatory as it is designed
to reduce the costs of smaller Members and retail-based Members that
transact on the Exchange. Furthermore, the Exchange believes that not
charging a Trading Rights Fee for a new Member for the first three
months of Membership is equitable and not unfairly discriminatory
because the proposed waiver will be offered to all market participants
that wish to become Members of the Exchange. As stated, the proposed
waiver intends to incentivize new Membership which will bring increased
liquidity and competition to the benefit of all market participants. In
addition to this, the Exchange notes that the proposed fee is equitable
and not unfairly discriminatory because it will contribute revenue to a
portion of the costs incurred by the Exchange in providing its Members
with an efficient and well-regulated market, which benefits all
Members.
---------------------------------------------------------------------------

    \8\ A Member will not be charged if it meets either one (or
both) of the exceptions. To illustrate, if a Member submits 5% of
its orders as retail orders but only has an ADV of 90,000 shares
traded, that Member will not be charged the proposed Trading Rights
Fee.
---------------------------------------------------------------------------

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 in furtherance of the
purposes of the Act because the proposed rule change will apply equally
to all Members that reach an ADV of 100,000 shares traded or greater,
and those that submit less than 90% of their orders as retail orders
per month. Although smaller Members would be excluded from the Trading
Rights Fee, the Exchange believes that this may increase competition by
encouraging additional order flow from such smaller Members thereby
contributing to a more diverse, vibrant, and competitive market.
Additionally, while the proposed three month waiver of the Trading
Rights Fee only applies to new Members, new Members can be an important
source of liquidity and facilitate competition within the market, which
uniformly benefits all market participants.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
Exchange operates in a highly competitive environment in which market
participants can readily favor competing exchanges and marketplaces if
they deem fee levels at a particular exchange or other venue to be
excessive. If the proposed fee increase is unattractive to members, it
is likely that the Exchange will lose

membership and market share as a result. As a result, the Exchange
carefully considers any increases to its fees, balancing the utility in
remaining competitive with other exchanges and with alternative trading
systems exempted from compliance with the statutory standards
applicable to exchanges, and in covering costs associated with
maintaining its equities market and its regulatory programs to ensure
that the Exchange remains an efficient and well-regulated marketplace.
The Exchange notes that competitors are free to modify their own fees
in response to its proposal, and because Members are not compelled to
be Members of the Exchange and may trade on numerous other exchanges
and other alternative venues, the Exchange believes that the proposed
fee change will not impose a burden on intermarket competition.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

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

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-CboeBYX-2019-009 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-CboeBYX-2019-009. 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-CboeBYX-2019-009 and should be submitted
on or before June 6, 2019.
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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\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-10120 Filed 5-15-19; 8:45 am]
 BILLING CODE 8011-01-P