70428 Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Cboe Global Markets, U.S. Equities Market 

Volume Summary, Month-to-Date (September 22, 

2023), available at https://www.cboe.com/us/ 

equities/_statistics/. 4See BZX Equities Fee Schedule, Standard Rates. 

5 Id. 

6Fee code B is appended to orders that add 

liquidity to BZX in Tape B securities. 

7Fee code V is appended to orders that add 

liquidity to BZX in Tape A securities. 

8Fee code Y is appended to orders that add 

liquidity to BZX in Tape C securities. 

9Step-Up ADAV means ADAV in the relevant 

baseline month subtracted from current ADAV. 

ADAV means average daily volume calculated as 

the number of shares added per day. ADAV is 

calculated on a monthly basis. 

10Customer ADAV means average daily volume 

calculated as the number of contracts added for the 

account of a Priority Customer as defined in BZX 

Rule 16.1. ADAV is calculated on a monthly basis. 

See BZX Options Fee Schedule, Definitions. 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–98684; File No. SR– 

CboeBZX–2023–075] 

Self-Regulatory Organizations; Cboe 

BZX Exchange, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Amend Its 

Fee Schedule Regarding Rebate Tiers 

October 4, 2023. 

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 

September 29, 2023, Cboe BZX 

Exchange, Inc. (the ‘‘Exchange’’ or 

‘‘BZX’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change as described 

in Items I, II, and III below, which Items 

have been prepared by the Exchange. 

The Commission is publishing this 

notice to solicit comments on the 

proposed rule change from interested 

persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

Cboe BZX Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BZX’’) proposes to 

amend its Fee Schedule. 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/bzx/), at 

the Exchange’s Office of the Secretary, 

and at the Commission’s Public 

Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

Fee Schedule applicable to its equities 

trading platform (‘‘BZX Equities’’) by (1) 

discontinuing Step-Up Tier 1; and (2) 

adopting a new Cross Asset Tier. The 

Exchange proposes to implement these 

changes effective October 2, 2023. 

The Exchange first notes that it 

operates in a highly competitive market 

in which market participants can 

readily direct order flow to competing 

venues if they deem fee levels at a 

particular venue to be excessive or 

incentives to be insufficient. More 

specifically, the Exchange is only one of 

16 registered equities exchanges, as well 

as a number of alternative trading 

systems and other off-exchange venues 

that do not have similar self-regulatory 

responsibilities under the Securities 

Exchange Act of 1934 (the ‘‘Act’’), to 

which market participants may direct 

their order flow. Based on publicly 

available information,3 no single 

registered equities exchange has more 

than 14% of the market share. Thus, in 

such a low-concentrated and highly 

competitive market, no single equities 

exchange possesses significant pricing 

power in the execution of order flow. 

The Exchange in particular operates a 

‘‘Maker-Taker’’ model whereby it pays 

rebates to members that add liquidity 

and assesses fees to those that remove 

liquidity. The Exchange’s Fee Schedule 

sets forth the standard rebates and rates 

applied per share for orders that provide 

and remove liquidity, respectively. 

Currently, for orders in securities priced 

at or above $1.00, the Exchange 

provides a standard rebate of $0.00160 

per share for orders that add liquidity 

and assesses a fee of $0.0030 per share 

for orders that remove liquidity.4 For 

orders in securities priced below $1.00, 

the Exchange provides a standard rebate 

of $0.00009 per share for orders that add 

liquidity and assesses a fee of 0.30% of 

the total dollar value for orders that 

remove liquidity.5 Additionally, in 

response to the competitive 

environment, the Exchange also offers 

tiered pricing which provides Members 

opportunities to qualify for higher 

rebates or reduced fees where certain 

volume criteria and thresholds are met. 

Tiered pricing provides an incremental 

incentive for Members to strive for 

higher tier levels, which provides 

increasingly higher benefits or discounts 

for satisfying increasingly more 

stringent criteria. 

Under footnote 2 of the Fee Schedule, 

the Exchange currently offers various 

Step-Up Tiers that provide enhanced 

rebates for orders yielding fee codes B,6

V 7 and Y 8 where a Member reaches 

certain add volume-based criteria, 

including ‘‘growing’’ its volume over a 

certain baseline month. The Exchange 

now proposes to discontinue Step-Up 

Tier 1 as the Exchange no longer wishes 

to, nor is required to, maintain such tier. 

More specifically, the proposed change 

removes this tier as the Exchange would 

rather redirect future resources and 

funding into other programs and tiers 

intended to incentivize increased order 

flow. 

The Exchange also proposes to 

introduce a new Cross Asset Tier under 

footnote 2, which is designed to 

incentivize Members to achieve certain 

levels of participation on both the 

Exchange’s equities and options 

platform (‘‘BZX Options’’). The 

proposed criteria is as follows: 

• Cross Asset Tier 1 provides a rebate 

of $0.0033 per share for securities 

priced above $1.00 for qualifying orders 

(i.e., orders yielding fee codes B, V or Y) 

where (1) Member has a Step-Up 

ADAV 9 from June 2023 ≥ 7,000,000; 

and (2) Member has a Customer 

ADAV 10 on BZX Options ≥ 10,000. 

The proposed Cross Asset Tier is 

intended to provide an additional 

manner to incentive Members to add 

displayed liquidity on the Exchange 

while also increasing participation on 

BZX Options. The Exchange believes 

the addition of the Cross Asset Tier will 

incentivize Members to grow their 

volume on the Exchange, thereby 

contributing to a deeper and more liquid 

market, which benefits all market 

participants and provides greater 

execution opportunities on the 

Exchange. 

Additionally, the Exchange notes that 

the proposed Cross Asset Tier will 


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Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Notices 70429 

11See BZX Equities Fee Schedule, Footnote 2, 

Step-Up Tiers. 

12 15 U.S.C. 78f(b). 

13 15 U.S.C. 78f(b)(5). 

14 Id. 

15 15 U.S.C. 78f(b)(4). 

16See e.g., EDGX Equities Fee Schedule, Footnote 

1, Add/Remove Volume Tiers. 

17See e.g., BZX Equities Fee Schedule, Footnote 

1, Add/Remove Volume Tiers. 

18See e.g., MIAX Pearl Options Fee Schedule, 

Transaction Rebates/Fees; The Nasdaq Options 

Market LLC (‘‘NOM’’) Pricing Schedule, Options 7, 

Section 2. 

expire no later than December 31, 2023, 

which the Exchange will indicate on the 

Exchange’s fee schedule. Step-Up Tiers 

in general are designed to provide 

Members with additional opportunities 

to receive enhanced rebates by 

increasing their order flow to the 

Exchange, which further contributes to 

a deeper, more liquid market and 

provides even more execution 

opportunities for active market 

participants. Like other Step-Up Tiers 

on the Exchange,11 the proposed Cross 

Asset Tier is designed to give members 

an additional opportunity to receive an 

enhanced rebate for orders meeting the 

applicable criteria. Increased overall 

order flow benefits all Members by 

contributing towards a robust and wellbalanced market ecosystem. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with the Act 

and the rules and regulations 

thereunder applicable to the Exchange 

and, in particular, the requirements of 

section 6(b) of the Act.12 Specifically, 

the Exchange believes the proposed rule 

change is consistent with the section 

6(b)(5) 13 requirements that the rules of 

an exchange be designed to prevent 

fraudulent and manipulative acts and 

practices, to promote just and equitable 

principles of trade, to foster cooperation 

and coordination with persons engaged 

in regulating, clearing, settling, 

processing information with respect to, 

and 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. 

Additionally, the Exchange believes the 

proposed rule change is consistent with 

the section 6(b)(5) 14 requirement that 

the rules of an exchange not be designed 

to permit unfair discrimination between 

customers, issuers, brokers, or dealers as 

well as section 6(b)(4) 15 as it is designed 

to provide for the equitable allocation of 

reasonable dues, fees and other charges 

among its Members and other persons 

using its facilities. 

As described above, the Exchange 

operates in a highly competitive market 

in which market participants can 

readily direct order flow to competing 

venues if they deem fee levels at a 

particular venue to be excessive or 

incentives to be insufficient. The 

Exchange believes that its proposal to 

introduce a Cross Asset Tier reflects a 

competitive pricing structure designed 

to incentivize market participants to 

direct their order flow to the Exchange, 

which the Exchange believes would 

enhance market quality to the benefit of 

all Members. Additionally, the 

Exchange notes that relative volumebased incentives and discounts have 

been widely adopted by exchanges,16

including the Exchange,17 and are 

reasonable, equitable and nondiscriminatory because they are open to 

all Members on an equal basis and 

provide additional benefits or discounts 

that are reasonably related to (i) the 

value to an exchange’s market quality 

and (ii) associated higher levels of 

market activity, such as higher levels of 

liquidity provision and/or growth 

patterns. Competing equity exchanges 

offer similar tiered pricing structures, 

including schedules of rebates and fees 

that apply based upon members 

achieving certain volume and/or growth 

thresholds, as well as assess similar fees 

or rebates for similar types of orders, to 

that of the Exchange.18

In particular, the Exchange believes 

its proposal to introduce a Cross Asset 

Tier is reasonable because the revised 

tier will be available to all Members and 

provide all Members with an additional 

opportunity to receive an enhanced 

rebate. The Exchange further believes 

the proposed Cross Asset Tier will 

provide a reasonable means to 

encourage liquidity adding displayed 

orders in Members’ order flow to the 

Exchange and to incentivize Members to 

continue to provide liquidity adding 

volume to the Exchange by offering 

them an additional opportunity to 

receive an enhanced rebate on 

qualifying orders. An overall increase in 

activity would deepen the Exchange’s 

liquidity pool, offers additional cost 

savings, support the quality of price 

discovery, promote market transparency 

and improve market quality, for all 

investors. 

The Exchange believes that the 

proposed Cross Asset Tier represents an 

equitable allocation of fees and rebates 

and is not unfairly discriminatory 

because all Members will be eligible for 

the proposed tier and have the 

opportunity to meet the tier’s criteria 

and receive the corresponding enhanced 

rebate if such criteria is met. To the 

extent a Member participates on BZX 

Equities but not on BZX Options, the 

Exchange continues to believe that its 

proposal represents an equitable 

allocation of fees and rebates and is not 

unfairly discriminatory with respect to 

such Member based on the overall 

benefit to the Exchange resulting from 

the success of its options platform. 

Particularly, the Exchange believes that 

additional such success allows the 

Exchange to continue to provide and 

potentially expand its existing incentive 

programs to the benefit of all 

participants on the Exchange, regardless 

of whether they participate on BZX 

Options or not. Without having a view 

of activity on other markets and offexchange venues, the Exchange has no 

way of knowing whether this proposed 

rule change would definitely result in 

any Members qualifying the new 

proposed tiers. While the Exchange has 

no way of predicting with certainty how 

the proposed changes will impact 

Member activity, based on the prior 

months volume, the Exchange 

anticipates that at least one Member will 

be able to satisfy the proposed criteria 

for the proposed Cross Asset Tier. The 

Exchange also notes that proposed 

changes will not adversely impact any 

Member’s ability to qualify for enhanced 

rebates or reduced fees offered under 

other tiers. Should a Member not meet 

the proposed new criteria for the 

proposed Cross Asset Tier, the Member 

will merely not receive that 

corresponding enhanced rebate. 

Additionally, the Exchange believes 

that its proposal to eliminate Step-Up 

Tier 1 is reasonable because the 

Exchange is not required to maintain 

this tier or provide Members an 

opportunity to receive enhanced 

rebates. The Exchange believes the 

proposal to eliminate this tier is also 

equitable and not unfairly 

discriminatory because it applies to all 

Members (i.e., the tier will not be 

available for any Member). The 

Exchange also notes that the proposed 

rule change to remove this tier merely 

results in Members not receiving an 

enhanced rebate, which, as noted above, 

the Exchange is not required to offer or 

maintain. Furthermore, the proposed 

rule change to eliminate Step-Up Tier 1 

enables the Exchange to redirect 

resources and funding into other 

programs and tiers intended to 

incentivize increased order flow. 

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 


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70430 Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Notices 

19Supra note 3. 

20See Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 

21NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. 

Cir. 2010) (quoting Securities Exchange Act Release 

No. 59039 (December 2, 2008), 73 FR 74770, 74782– 

83 (December 9, 2008) (SR–NYSEArca–2006–21)). 

22 15 U.S.C. 78s(b)(3)(A). 

23 17 CFR 240.19b–4(f). 

of the purposes of the Act. Rather, as 

discussed above, the Exchange believes 

that the proposed changes would 

encourage the submission of additional 

order flow to a public exchange, thereby 

promoting market depth, execution 

incentives and enhanced execution 

opportunities, as well as price discovery 

and transparency for all Members. As a 

result, the Exchange believes that the 

proposed changes further the 

Commission’s goal in adopting 

Regulation NMS of fostering 

competition among orders, which 

promotes ‘‘more efficient pricing of 

individual stocks for all types of orders, 

large and small.’’ 

The Exchange believes the proposed 

rule changes do not impose any burden 

on intramarket competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. Particularly, 

the proposed Cross Asset Tier will 

apply to all Members equally in that all 

Members are eligible for the tier, have 

a reasonable opportunity to meet the 

tier’s criteria and will receive the 

enhanced rebate on their qualifying 

orders if such criteria is met. The 

Exchange does not believe the proposed 

changes burden competition, but rather, 

enhances competition as it is intended 

to increase the competitiveness of BZX 

by adopting pricing incentives in order 

to attract order flow and incentivize 

participants to increase their 

participation on the Exchange, 

providing for additional execution 

opportunities for market participants 

and improved price transparency. 

Additionally, the Exchange believes that 

the proposed criteria based on total 

options volume applicable to BZX 

Options Priority Customers will provide 

an additional incentive to those Priority 

Customers to send additional orders to 

BZX Options, which in turn provides 

additional liquidity in the market. 

Greater overall order flow, trading 

opportunities, and pricing transparency 

benefits all market participants on the 

Exchange, as well as its affiliate options 

exchange, by enhancing market quality 

and continuing to encourage Members 

to send orders, thereby contributing 

towards a robust and well-balanced 

market ecosystem. The proposed change 

to discontinue Step-Up Tier 1 will not 

impose any burden on intramarket 

competition because the changes apply 

to all Members uniformly, as in, the tier 

will not longer be available to any 

Member. 

Next, the Exchange believes the 

proposed rule changes does not impose 

any burden on intermarket competition 

that is not necessary or appropriate in 

furtherance of the purposes of the Act. 

As previously discussed, the Exchange 

operates in a highly competitive market. 

Members have numerous alternative 

venues that they may participate on and 

direct their order flow, including other 

equities exchanges, off-exchange 

venues, and alternative trading systems. 

Additionally, the Exchange represents a 

small percentage of the overall market. 

Based on publicly available information, 

no single equities exchange has more 

than 14% of the market share.19

Therefore, no exchange possesses 

significant pricing power in the 

execution of order flow. Indeed, 

participants can readily choose to send 

their orders to other exchange and offexchange venues if they deem fee levels 

at those other venues to be more 

favorable. Moreover, the Commission 

has repeatedly expressed its preference 

for competition over regulatory 

intervention in determining prices, 

products, and services in the securities 

markets. Specifically, 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.’’ 20 The 

fact that this market is competitive has 

also long been recognized by the courts. 

In NetCoalition v. Securities and 

Exchange Commission, the D.C. Circuit 

stated as follows: ‘‘[n]o one disputes 

that competition for order flow is 

‘fierce.’ . . . As the SEC explained, ‘[i]n 

the U.S. national market system, buyers 

and sellers of securities, and the brokerdealers that act as their order-routing 

agents, have a wide range of choices of 

where to route orders for execution’; 

[and] ‘no exchange can afford to take its 

market share percentages for granted’ 

because ‘no exchange possesses a 

monopoly, regulatory or otherwise, in 

the execution of order flow from broker 

dealers’ . . . .’’.21 Accordingly, the 

Exchange does not believe its proposed 

fee change imposes any burden on 

competition that is not necessary or 

appropriate in furtherance of the 

purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange 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 22 and paragraph (f) of Rule 

19b–4 23 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. 

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 (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

CboeBZX–2023–075 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–CboeBZX–2023–075. 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 / Notices 70431 

24 17 CFR 200.30–3(a)(12). 

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 

subject to copyright protection. All 

submissions should refer to file number 

SR–CboeBZX–2023–075 and should be 

submitted on or before November 1, 

2023. 

For the Commission, by the Division 

of Trading and Markets, pursuant to 

delegated authority.24

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–22437 Filed 10–10–23; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 06/06–0356] 

Independent Bankers Capital Fund IV, 

L.P.; Notice Seeking Exemption Under 

the Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that 

Independent Bankers Capital Fund IV, 

L.P., 5949 Sherry Lane, Suite 1472, 

Dallas, TX 75225, a Federal Licensee 

under the Small Business Investment 

Act of 1958, as amended (‘‘Act’’), in 

connection with the financing of a small 

concern, has sought an exemption under 

Section 312 of the Act and 13 CFR 

107.730 of the Code of Federal 

Regulations, Financings which 

Constitute Conflict of Interest, 

Independent Bankers Capital Fund IV, 

L.P. (‘‘Licensee’’) is proposing to 

provide financing to Central States Bus 

Sales, Inc. (‘‘Company’’) to support its 

growth. 

The proposed transaction is brought 

within the purview of 13 CFR 107.730 

because Diamond State Ventures II, L.P. 

(‘‘DSV’’), an Associate of Licensee as 

defined in 13 CFR 107.50, holds a 10% 

or greater equity interest in the 

Company. By virtue of DSV’s equity 

ownership of the Company, the 

Company is also considered an 

Associate of the Licensee. 

Therefore, the proposed transaction 

requires a regulatory exemption 

pursuant to 13 CFR 107.730. Notice is 

hereby given that any interested person 

may submit written comments on the 

transaction within fifteen days of the 

date of this publication to the Associate 

Administrator, Office of Investment and 

Innovation, U.S. Small Business 

Administration, 409 Third Street SW, 

Washington, DC 20416. 

Bailey DeVries, 

Associate Administrator, Office of Investment 

and Innovation, U.S. Small Business 

Administration. 

[FR Doc. 2023–22441 Filed 10–10–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0133] 

Commercial Driver’s License (CDL): 

Application for Exemption Renewal; 

U.S. Custom Harvesters, Inc. 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of provisional renewal of 

exemption; request for comments. 

SUMMARY: FMCSA announces its 

decision to provisionally renew a U.S. 

Custom Harvesters, Inc. (USCHI) 

exemption from the ‘‘K’’ intrastate 

restriction on commercial driver’s 

licenses (CDLs) for custom harvester 

drivers operating in interstate commerce 

for a two-year period, with additional 

terms and conditions. FMCSA’s 

regulations currently provide an 

exception to the minimum age 

requirements for drivers of commercial 

motor vehicles (CMVs) controlled and 

operated by a person engaged in 

interstate custom harvesting. However, 

under the Agency’s CDL regulations, 

States may include an intrastate-only (or 

‘‘K’’) restriction for these drivers. This 

provisional renewal of the exemption 

continues relief from the CDL provision 

for two years. 

DATES: This renewed exemption is 

effective October 3, 2023, through 

October 3, 2025. Comments must be 

received on or before November 13, 

2023. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2017–0133 by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, 1200 New 

Jersey Avenue SE, between 9 a.m. and 

5 p.m. E.T., Monday through Friday, 

except Federal holidays. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number 

(FMCSA–2017–0133) for this notice. 

Note that DOT posts all comments 

received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit the ground level of the 

West Building, 1200 New Jersey Avenue 

SE, Washington, DC, 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. 

Privacy Act: In accordance with 49 

U.S.C. 31315(b), DOT solicits comments 

from the public to better inform its 

exemption process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov. As 

described in the system of records 

notice DOT/ALL 14–FDMS, which can 

be reviewed at https://

www.transportation.gov/privacy, the 

comments are searchable by the name of 

the submitter. 

FOR FURTHER INFORMATION CONTACT: Ms. 

La Tonya Mimms, Chief, Driver and 

Carrier Operations Division, Office of 

Carrier, Driver and Vehicle Safety 

Standards, FMCSA, at (202) 366–9220 

or latonya.mimms@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 


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