60-Day Federal Register Notice

Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to section 19(b)(3)(A)
of the Act 10 and Rule 19b–4(f)(6)(iii)
thereunder.11
A proposed rule change filed under
Rule 19b–4(f)(6) 12 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),13 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing.
The Exchange has represented that it
no longer offers an after-hours crossing
session and has decommissioned its offhours trading facility. The Exchange
asserts that permitting the rule filing to
become operative immediately would
thereby alleviate potential investor or
market participant confusion that could
result from the Exchange retaining
obsolete rules on its rulebook relating to
functionality the Exchange no longer
offers.
The Commission agrees that retaining
the rule text in the Exchange’s rulebook
may create investor confusion about the
availability of off-hours trading on the
Exchange. Accordingly, the Commission
believes that waiver of the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Accordingly, the Commission
hereby waives the 30-day operative
delay and designates the proposal
operative upon filing.14
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
10 15

U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
12 17 CFR 240.19b–4(f)(6).
13 17 CFR 240.19b–4(f)(6)(iii).
14 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).

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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) 15 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:

subject to copyright protection. All
submissions should refer to file number
SR–NYSE–2024–06 and should be
submitted on or before March 13, 2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–03449 Filed 2–20–24; 8:45 am]
BILLING CODE 8011–01–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
NYSE–2024–06 on the subject line.

[FAA–2024–0396]

Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to file
number SR–NYSE–2024–06. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or

AGENCY:

15 15

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U.S.C. 78s(b)(2)(B).

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Agency Information Collection
Activities: Requests for Comments;
Clearance of Renewed Approval of
Information Collection: Reduced
Vertical Separation Minimum
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. Aircraft Operators seeking
specific operational approval to conduct
Reduced Vertical Separation Minimum
(RVSM) operations must submit
application to the FAA. Specific
approval is required when aircraft
operators intend to operate outside the
United States (U.S.) or their aircraft are
not equipped with Automatic
Dependent Surveillance—Broadcast
(ADS–B) Out.
DATES: Written comments should be
submitted by April 22, 2024.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field).
By mail: Christopher A. Mitchell,
Federal Aviation Administration (FAA),
Flight Technologies and Procedures
Division, 6500 S McArthur Blvd.,
Building 26, Suite 217, Oklahoma City,
OK 73169.
By fax: 202–267–5230.
FOR FURTHER INFORMATION CONTACT:
Christopher A. Mitchell by email at:
[email protected]; phone:
954–758–1564.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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CFR 200.30–3(a)(12), (59).

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Federal Register / Vol. 89, No. 35 / Wednesday, February 21, 2024 / Notices

Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0679.
Title: Reduced Vertical Separation
Minimum.
Form Numbers: N/A.
Type of Review: Renewal.
Background: The authority to collect
data from aircraft operators seeking
operational approval to conduct
Reduced Vertical Separation Minimum
(RVSM) operations is contained in Part
91, Section 91.180, as established by a
final rule published in the Federal
Register on October 27, 2003 (68 FR
61304) and in Part 91, Section 91.706,
as established by a final rule published
April 9, 1997 (62 FR 17487, Apr. 9,
1997). Aircraft operators seeking
specific operational approval to conduct
RVSM operations outside the U.S. must
submit their application to the
responsible Flight Standards office. The
responsible Flight Standards office
registers RVSM approved airframes in
the FAA RVSM Approvals Database to
track the approval status for operator
airframes. Application information
includes evidence of aircraft equipment
and RVSM qualification information
along with operational training and
program elements.
Respondents: Operators are required
to submit application for RVSM specific
approval if they desire to operate in
RVSM airspace outside the U.S. or if
they do not meet the provisions of Title
14 of the Code of Federal Regulations
(14 CFR), Part 91, Appendix G, Section
9—Aircraft Equipped with Automatic
Dependent Surveillance—Broadcast
Out. The FAA estimates processing 900
initial applications annually and 2,136
annual updates to existing approvals.
Frequency: An Operator must make
application for initial specific approval
to operate in RVSM airspace, or
whenever requesting an update to an
existing approval.
Estimated Average Burden per
Response: 4.00 hours for updates to
existing applications and 6.8 hours for
application of initial approvals.
Estimated Total Annual Burden:
14,664 hours [(2,136 × 4.00) + (900 ×
6.8)].

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Issued in District of Columbia.
Christopher A Mitchell,
Aviation Safety Inspector, Operations, FAA,
Flight Technologies & Procedures Division.
[FR Doc. 2024–03469 Filed 2–20–24; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0122; FMCSA–
2013–0123; FMCSA–2015–0326; FMCSA–
2015–0329; FMCSA–2016–0003; FMCSA–
2017–0058; FMCSA–2019–0111; FMCSA–
2020–0024; FMCSA–2021–0015]

Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its
decision to renew exemptions for 16
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
individuals to continue to operate CMVs
in interstate commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates provided
below.
SUMMARY:

Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, [email protected]. Office
hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays.
If you have questions regarding viewing
or submitting material to the docket,
contact Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2013–0122, FMCSA–
2013–0123, FMCSA–2015–0326,
FMCSA–2015–0329, FMCSA–2016–
0003, FMCSA–2017–0058, FMCSA–
2019–0111, FMCSA–2020–0024, or
FMCSA–2021–0015) in the keyword box
and click ‘‘Search.’’ Next, sort the
results by ‘‘Posted (Newer-Older),’’
choose the first notice listed, and click

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‘‘Browse Comments.’’ If you do not have
access to the internet, you may view the
docket online by visiting Dockets
Operations on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
B. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
requests. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov. As described in
the system of records notice DOT/ALL
14 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
On January 3, 2024, FMCSA
published a notice announcing its
decision to renew exemptions for 16
individuals from the hearing standard in
49 CFR 391.41(b)(11) to operate a CMV
in interstate commerce and requested
comments from the public (89 FR 433).
The public comment period ended on
February 2, 2024, and no comments
were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would likely
achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved by complying
with § 391.41(b)(11).
The physical qualification standard
for drivers regarding hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5–1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid (35 FR
6458, 6463 (Apr. 22, 1970) and 36 FR
12857 (July 8, 1971), respectively).

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