80 FR 25353 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Collection of Exchange Fees
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 85 (May 4, 2015)
Federal Register Volume 80, Issue 85 (May 4, 2015)
| Page Range | 25353-25355 | |
| FR Document | 2015-10283 |
[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)] [Notices] [Pages 25353-25355] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10283] [[Page 25353]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74823; File No. SR-NASDAQ-2015-046] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Collection of Exchange Fees April 28, 2015. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 27, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by NASDAQ. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change NASDAQ proposes to amend Exchange Rule 7007, which is currently reserved, and entitle it ``Collection of Exchange Fees and Other Claims'' and require each Nasdaq member, and all applicants for registration as such, to provide a clearing account number for an account at the National Securities Clearing Corporation (``NSCC'') for purposes of permitting the Exchange to debit certain fees, fines, charges and/or other monetary sanctions or other monies due and owing to the Exchange. The text of the proposed rule change is available on the Exchange's Web site at http://www.nasdaq.cchwallstreet.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change. 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 amend Rule 7007 to require NASDAQ members, and all applicants for registration as such, to provide a clearing account number for an account at NSCC for purposes of permitting the Exchange to debit any undisputed or final fees, fines, charges and/or other monetary sanctions or other monies due and owing to the Exchange or other charges related to certain 7000 series rules \3\ and the 8000 \4\ series rules which are due and owing to NASDAQ. The Exchange would entitle Rule 7007 ``Collection of Exchange Fees and Other Claims.'' --------------------------------------------------------------------------- \3\ The 7000 series rules in the NASDAQ Rulebook list charges for membership, services and equipment. Only the Rules which require payment to the Exchange would be subject to direct debit. By way of example, Rule 7003, Registration and Processing Fees, fees are collected by FINRA. \4\ The 8000 series rules in the NASDAQ Rulebook list sanctions associated with disciplinary actions. Any disciplinary fines or sanctions collected pursuant to the 8000 series shall be subject to direct debit to the extent described within this rule change. See also note 6 for exceptions to debits. --------------------------------------------------------------------------- Currently, the Exchange requires all Options Participants to provide such an NSCC account number.\5\ The Exchange believes that the proposed debiting process for NASDAQ members that conduct an equities business would create an efficient method of collecting undisputed or final fees, fines, charges and/or other monetary sanctions or monies due and owing to the Exchange.\6\ Further, this proposal would provide a cost savings to the Exchange in that it would alleviate administrative processes related to the collection of monies owed to the Exchange by NASDAQ members conducting an equities business, as it does today for Options Participants on the NASDAQ Options Market LLC (``NOM'').\7\ Collection matters divert staff resources away from the Exchange's regulatory and business purposes. In addition, the debiting process would prevent NASDAQ member accounts from becoming overdue. --------------------------------------------------------------------------- \5\ See Chapter XV, Section 1 in the NASDAQ Rules. \6\ The Exchange will not debit accounts for fees that are unusually large or for special circumstances, unless such debiting is requested by the NASDAQ member. \7\ See NOM Rules at Chapter XV, Section 1. NOM Participants are subject to the same process for direct debit as specified herein. --------------------------------------------------------------------------- The Exchange proposes to require NASDAQ equity members and applicants to provide a clearing account number for an account at NSCC in order to permit the Exchange to debit any undisputed or final fees, fines, charges and/or monetary sanctions or other monies due and owing to the Exchange or other charges related to the 7000 series rules, as specified below, and the 8000 series rules. Specifically, the following 7000 series Rules will be subject to proposed Rule 7007: 7001 (Membership Fees), 7014 (Market Quality Incentive Programs: Investor Support Program), 7015 (Access Services), 7016 (Nasdaq Risk Management), 7018 (Nasdaq Market Center Order Execution and Routing), 7021 (NasdaqTrader.com Trading and Compliance Data Package Fee), 7024 (Clearly Erroneous Module), 7027 (Aggregation of Activity of Affiliated Members), 7029 (Installation, Removal or Relocation), 7030 (Other Services), 7034 (Co-Location Services), 7038 (Step-Outs and Sales Fees Transfers), 7041 (Nasdaq Regulation Reconnaissance Service), 7042 (Non- Tape Riskless Submissions), 7043 (Inclusion of Transaction Fees in Clearing Reports Submitted to ACT), 7049 (Nasdaq InterACT), 7051 (Direct Connectivity to Nasdaq), 7055 (Short Sale Monitor), 7058 (QView), 7060 (Equity Trade Journal for Clearing Firms) and 7061 (Limit Locator). The Exchange would send a monthly invoice \8\ to each NASDAQ equity member on approximately the 3th--10th business day of the following month.\9\ The Exchange would also send a file to NSCC each month on approximately the 23rd of the following month to initiate the debit of the appropriate amount stated on the NASDAQ member's invoice for the prior month. Because the NASDAQ member would receive an invoice well before any monies are debited (normally within two weeks), the NASDAQ member would have adequate time to contact the staff with any questions concerning its invoice. If a NASDAQ member disagrees with the invoice, the Exchange would not commence the debit until the dispute is resolved. Specifically, the Exchange will not include the disputed amount in the debit if the member has disputed the amount in writing to the Exchange's designated staff by the 15th of the [[Page 25354]] month, or the following business day if the 15th is not a business day, and the amount in dispute is at least $10,000 or greater. --------------------------------------------------------------------------- \8\ The monthly invoice will indicate that the amount on the invoice will be debited from the designated NSCC account. Each month, the Exchange will send a file to the NASDAQ member's clearing firm which will indicate the amounts to be debited from each member. If a NASDAQ member is ``self-clearing'', no such file would be sent as the member would receive the invoice, as noted above, which would indicate the amount to be debited. \9\ NASDAQ members may receive invoices either electronically, by mail or by both methods. --------------------------------------------------------------------------- Once NSCC receives the file from the Exchange, NSCC would proceed to debit the amounts indicated from the clearing members account. In the instance where the NASDAQ member clears through an Exchange clearing member, the estimated transaction fees owed to the Exchange are typically debited by the clearing member on a daily basis in order to ensure adequate funds have been escrowed. The Exchange would debit any monies owed including undisputed or final fees, fines, charges and/ or monetary sanctions or monies due and owed to the Exchange.\10\ The Exchange believes that the debit process would eliminate the risk of unpaid invoices because of the large amounts of capital held at NSCC by NASDAQ equity members. --------------------------------------------------------------------------- \10\ This includes, among other things, fines and sanctions which result from disciplinary proceedings or actions taken pursuant to the 8000 series of NASDAQ Rules. With respect to disciplinary proceedings, the Exchange would not debit any monies until such action is final. The Exchange would not consider an action final until all appeal periods have run and/or all appeal timeframes are exhausted. With respect to non-disciplinary actions, the Exchange would similarly not take action to debit a member account until all appeal periods have run and/or all appeal timeframes are exhausted. Any uncontested disciplinary or non-disciplinary actions will be debited, and the amount due will appear on the NASDAQ member's invoice prior to the actual NSCC debit. --------------------------------------------------------------------------- The Exchange proposes this rule change become operative on July 1, 2015. On August 24, 2015, the Exchange will debit July 2015 billing pursuant to the process described in this rule change.\11\ The Exchange will notify NASDAQ equity members of this rule change in an Equity Trader Alert to provide its members ample time to provide the Exchange with the information necessary for the direct debit and prepare for the change to the collection process. NASDAQ members' primary NSCC account number will be utilized unless the NASDAQ member contacts the Exchange prior to July 1, 2015 with an alternate NSCC account number. --------------------------------------------------------------------------- \11\ The initial debit will include all outstanding fees through August 2015. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act \12\ in general, and furthers the objectives of Section 6(b)(5) of the Act \13\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest by providing NASDAQ equity members with an efficient process to pay undisputed or final fees, fines, charges and/or monetary sanctions or monies dues and owing to the Exchange. --------------------------------------------------------------------------- \12\ 15 U.S.C. 78f(b). \13\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that its proposal to debit NSCC accounts is reasonable because it would ease the NASDAQ equity member's administrative burden in paying monthly invoices, avoid overdue balances and provide same day collection from all NASDAQ members who owe monies to the Exchange. The Exchange believes that its proposal to debit NSCC accounts is equitable and not unfairly discriminatory because it will apply to all NASDAQ members in a uniform manner. Today, the debit process is applied to all NOM Participants.\14\ --------------------------------------------------------------------------- \14\ See note 7. --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition NASDAQ 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. With this proposal, the proposed debit process would apply uniformly to all NASDAQ members as it does today with all Options Participants. Further, this proposal would provide a cost savings to the Exchange in that it would alleviate administrative processes related to the collection of monies owed to the Exchange for NASDAQ members conducting an equities business, as it does today for NOM Participants. Collection matters divert staff resources away from the Exchange's regulatory and business purposes. In addition, the debiting process would prevent NASDAQ member accounts from becoming overdue. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act \15\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\16\ --------------------------------------------------------------------------- \15\ 15 U.S.C. 78s(b)(3)(a)(iii). \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange satisfied this requirement. --------------------------------------------------------------------------- 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: (i) necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule 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: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to rule-comments@sec.gov. Please include File Number SR-NASDAQ-2015-046 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASDAQ-2015-046. 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 [[Page 25355]] Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2015-046, and should be submitted on or before May 26, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\17\ --------------------------------------------------------------------------- \17\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2015-10283 Filed 5-1-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices 25353
SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s number for an account at NSCC in order
COMMISSION Statement of the Purpose of, and to permit the Exchange to debit any
Statutory Basis for, the Proposed Rule undisputed or final fees, fines, charges
[Release No. 34–74823; File No. SR– Change and/or monetary sanctions or other
NASDAQ–2015–046] monies due and owing to the Exchange
1. Purpose
or other charges related to the 7000
Self-Regulatory Organizations; The The purpose of the proposed rule series rules, as specified below, and the
NASDAQ Stock Market LLC; Notice of change is to amend Rule 7007 to require 8000 series rules. Specifically, the
Filing and Immediate Effectiveness of NASDAQ members, and all applicants following 7000 series Rules will be
Proposed Rule Change Relating to for registration as such, to provide a subject to proposed Rule 7007: 7001
Collection of Exchange Fees clearing account number for an account (Membership Fees), 7014 (Market
at NSCC for purposes of permitting the Quality Incentive Programs: Investor
April 28, 2015.
Exchange to debit any undisputed or Support Program), 7015 (Access
Pursuant to Section 19(b)(1) of the final fees, fines, charges and/or other Services), 7016 (Nasdaq Risk
Securities Exchange Act of 1934 monetary sanctions or other monies due Management), 7018 (Nasdaq Market
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 and owing to the Exchange or other Center Order Execution and Routing),
notice is hereby given that on April 27, charges related to certain 7000 series 7021 (NasdaqTrader.com Trading and
2015, The NASDAQ Stock Market LLC rules 3 and the 8000 4 series rules which Compliance Data Package Fee), 7024
(‘‘NASDAQ’’ or ‘‘Exchange’’) filed with (Clearly Erroneous Module), 7027
are due and owing to NASDAQ. The
the Securities and Exchange (Aggregation of Activity of Affiliated
Exchange would entitle Rule 7007
Commission (‘‘SEC’’ or ‘‘Commission’’) Members), 7029 (Installation, Removal
‘‘Collection of Exchange Fees and Other
the proposed rule change as described or Relocation), 7030 (Other Services),
Claims.’’
in Items I and II below, which Items Currently, the Exchange requires all 7034 (Co-Location Services), 7038 (Step-
have been prepared by NASDAQ. The Options Participants to provide such an Outs and Sales Fees Transfers), 7041
Commission is publishing this notice to NSCC account number.5 The Exchange (Nasdaq Regulation Reconnaissance
solicit comments on the proposed rule believes that the proposed debiting Service), 7042 (Non-Tape Riskless
change from interested persons. process for NASDAQ members that Submissions), 7043 (Inclusion of
I. Self-Regulatory Organization’s conduct an equities business would Transaction Fees in Clearing Reports
Statement of the Terms of the Substance create an efficient method of collecting Submitted to ACT), 7049 (Nasdaq
of the Proposed Rule Change undisputed or final fees, fines, charges InterACT), 7051 (Direct Connectivity to
and/or other monetary sanctions or Nasdaq), 7055 (Short Sale Monitor),
NASDAQ proposes to amend 7058 (QView), 7060 (Equity Trade
monies due and owing to the
Exchange Rule 7007, which is currently Journal for Clearing Firms) and 7061
Exchange.6 Further, this proposal would
reserved, and entitle it ‘‘Collection of (Limit Locator).
provide a cost savings to the Exchange
Exchange Fees and Other Claims’’ and The Exchange would send a monthly
in that it would alleviate administrative
require each Nasdaq member, and all invoice 8 to each NASDAQ equity
processes related to the collection of
applicants for registration as such, to member on approximately the 3th—10th
monies owed to the Exchange by
provide a clearing account number for business day of the following month.9
NASDAQ members conducting an
an account at the National Securities The Exchange would also send a file to
equities business, as it does today for
Clearing Corporation (‘‘NSCC’’) for NSCC each month on approximately the
Options Participants on the NASDAQ
purposes of permitting the Exchange to 23rd of the following month to initiate
Options Market LLC (‘‘NOM’’).7
debit certain fees, fines, charges and/or the debit of the appropriate amount
Collection matters divert staff resources
other monetary sanctions or other stated on the NASDAQ member’s
away from the Exchange’s regulatory
monies due and owing to the Exchange. invoice for the prior month. Because the
and business purposes. In addition, the
The text of the proposed rule change NASDAQ member would receive an
debiting process would prevent
is available on the Exchange’s Web site invoice well before any monies are
NASDAQ member accounts from
at http:// debited (normally within two weeks),
becoming overdue.
www.nasdaq.cchwallstreet.com, at the the NASDAQ member would have
The Exchange proposes to require
principal office of the Exchange, and at adequate time to contact the staff with
NASDAQ equity members and
the Commission’s Public Reference any questions concerning its invoice. If
applicants to provide a clearing account
Room. a NASDAQ member disagrees with the
II. Self-Regulatory Organization’s 3 The 7000 series rules in the NASDAQ Rulebook invoice, the Exchange would not
Statement of the Purpose of, and list charges for membership, services and commence the debit until the dispute is
Statutory Basis for, the Proposed Rule
equipment. Only the Rules which require payment resolved. Specifically, the Exchange will
to the Exchange would be subject to direct debit. not include the disputed amount in the
Change By way of example, Rule 7003, Registration and
Processing Fees, fees are collected by FINRA. debit if the member has disputed the
In its filing with the Commission, the 4 The 8000 series rules in the NASDAQ Rulebook amount in writing to the Exchange’s
Exchange included statements list sanctions associated with disciplinary actions. designated staff by the 15th of the
concerning the purpose of and basis for Any disciplinary fines or sanctions collected
the proposed rule change. The text of pursuant to the 8000 series shall be subject to direct 8 The monthly invoice will indicate that the
debit to the extent described within this rule
these statements may be examined at change. See also note 6 for exceptions to debits.
amount on the invoice will be debited from the
designated NSCC account. Each month, the
mstockstill on DSK4VPTVN1PROD with NOTICES
the places specified in Item IV below. 5 See Chapter XV, Section 1 in the NASDAQ
Exchange will send a file to the NASDAQ member’s
The Exchange has prepared summaries, Rules. clearing firm which will indicate the amounts to be
set forth in sections A, B, and C below, 6 The Exchange will not debit accounts for fees
debited from each member. If a NASDAQ member
of the most significant aspects of such that are unusually large or for is ‘‘self-clearing’’, no such file would be sent as the
special circumstances, unless such debiting is member would receive the invoice, as noted above,
statements. which would indicate the amount to be debited.
requested by the NASDAQ member.
7 See NOM Rules at Chapter XV, Section 1. NOM 9 NASDAQ members may receive invoices either
1 15 U.S.C. 78s(b)(1). electronically, by mail or by both
Participants are subject to the same process for
2 17 CFR 240.19b–4. direct debit as specified herein. methods.
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![Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices 25355
Internet Web site (http://www.sec.gov/ appropriate report dated February 18, When the petition is granted or denied,
rules/sro.shtml). Copies of the 2015, pursuant to 49 CFR part 573, notice of the decision will be published
submission, all subsequent Defect and Noncompliance in the Federal Register pursuant to the
amendments, all written statements Responsibility and Reports. authority indicated below.
with respect to the proposed rule DATES: The closing date for comments SUPPLEMENTARY INFORMATION:
change that are filed with the on the petition is June 3, 2015.
Commission, and all written I. CTA’s Petition
ADDRESSES: Interested persons are
communications relating to the invited to submit written data, views, Pursuant to 49 U.S.C. 30118(d) and
proposed rule change between the and arguments on this petition. 30120(h) (see implementing rule at 49
Commission and any person, other than Comments must refer to the docket and CFR part 556), CTA submitted a petition
those that may be withheld from the notice number cited at the beginning of for an exemption from the notification
public in accordance with the this notice and submitted by any of the and remedy requirements of 49 U.S.C.
provisions of 5 U.S.C. 552, will be following methods: Chapter 301 on the basis that this
available for Web site viewing and • Mail: Send comments by mail noncompliance is inconsequential to
printing in the Commission’s Public addressed to: U.S. Department of motor vehicle safety.
Reference Room, 100 F Street NE., Transportation, Docket Operations, M– This notice of receipt of CTA’s
Washington, DC 20549 on official 30, West Building Ground Floor, Room petition is published under 49 U.S.C.
business days between the hours of W12–140, 1200 New Jersey Avenue SE., 30118 and 30120 and does not represent
10:00 a.m. and 3:00 p.m. Copies of such Washington, DC 20590. any agency decision or other exercise of
filing also will be available for • Hand Deliver: Deliver comments by judgment concerning the merits of the
inspection and copying at the principal hand to: U.S. Department of petition.
offices of the Exchange. All comments Transportation, Docket Operations, M– II. Tires Involved
received will be posted without change; 30, West Building Ground Floor, Room
the Commission does not edit personal Affected are approximately 1,062
W12–140, 1200 New Jersey Avenue SE., Continental TKC80 size 120/70–19 M/C
identifying information from Washington, DC 20590. The Docket
submissions. You should submit only 60Q diagonal (bias) motorcycle
Section is open on weekdays from 10 replacement tires manufactured
information that you wish to make a.m. to 5 p.m. except Federal Holidays.
available publicly. All submissions between April 8, 2012 and January 31,
• Electronically: Submit comments
should refer to File Number SR– 2015.
electronically by: logging onto the
NASDAQ–2015–046, and should be Federal Docket Management System III. Noncompliance
submitted on or before May 26, 2015. (FDMS) Web site at http:// CTA explains that the noncompliance
For the Commission, by the Division of www.regulations.gov/. Follow the online is that the tire size designation marking
Trading and Markets, pursuant to delegated instructions for submitting comments. on the sidewalls of the subject tires does
authority.17 Comments may also be faxed to (202) not contain the correct construction
Brent J. Fields, 493–2251. code designator symbol from The Tire
Secretary. Comments must be written in the and Rim Association yearbook.
[FR Doc. 2015–10283 Filed 5–1–15; 8:45 am] English language, and be no greater than Therefore, the tires do not fully comply
BILLING CODE 8011–01–P 15 pages in length, although there is no with paragraph S6.5(c) of FMVSS No.
limit to the length of necessary 119 because the tire size designation is
attachments to the comments. If not as listed in the documents and
DEPARTMENT OF TRANSPORTATION comments are submitted in hard copy publications designated in S5.1.
form, please ensure that two copies are Specifically, the tires were marked with
National Highway Traffic Safety provided. If you wish to receive the construction code designator ‘‘B’’
Administration confirmation that your comments were indicating bias-belted construction and
received, please enclose a stamped, self- should have been marked with the
[Docket No. NHTSA–2015–0030; Notice 1] addressed postcard with the comments. designator ‘‘-’’ indicating diagonal (bias)
Note that all comments received will be construction.
Continental Tire the Americas, LLC,
posted without change to http://
Receipt of Petition for Decision of IV. Rule Text
www.regulations.gov, including any
Inconsequential Noncompliance
personal information provided. Paragraph S6.5 of FMVSS No. 119
AGENCY: National Highway Traffic Documents submitted to a docket may requires in pertinent part:
Safety Administration (NHTSA), be viewed by anyone at the address and S6.5 Tire Markings. Except as
Department of Transportation (DOT). times given above. The documents may specified in paragraphs, each tire shall
ACTION: Receipt of Petition. also be viewed on the Internet at be marked on each sidewall with the
http://www.regulations.gov by following information specified in paragraphs (a)
SUMMARY: Continental Tire the the online instructions for accessing the through (j) of this section. . .
Americas, LLC, (CTA), has determined dockets. DOT’s complete Privacy Act (c) The tire size designation as listed
that certain Continental Tire brand Statement is available for review in the in the documents and publications
TKC80 motorcycle replacement tires do Federal Register published on April 11, designated in S5.1.
not fully comply with paragraph S6.5(c) 2000, (65 FR 19477–78).
V. Summary of CTA’s Analyses
mstockstill on DSK4VPTVN1PROD with NOTICES
of Federal Motor Vehicle Safety The petition, supporting materials,
Standard (FMVSS) No. 119, New and all comments received before the CTA stated its belief that the subject
Pneumatic Radial Tires for motor close of business on the closing date noncompliance is inconsequential to
vehicles with a GVWR of more than indicated below will be filed and will be motor vehicle safety for the following
4,536 Kilograms (10,000 pounds) and considered. All comments and reasons:
Motorcycles. CTA has filed an supporting materials received after the (A) CTA notes that the only improper
closing date will also be filed and will marking on the sidewall of the subject tires
17 17 CFR 200.30–3(a)(12). be considered to the extent possible. is the use of the letter character ‘‘B’’ in the
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Document Created: 2018-02-21 10:22:31
Document Modified: 2018-02-21 10:22:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 80 FR 25353 |
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