[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43898-43900]
[FR Doc No: 2020-15557]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89316; File No. SR-PEARL-2020-09]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX
PEARL Fee Schedule

July 14, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 30, 2020, MIAX PEARL, LLC (``MIAX PEARL'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX PEARL Fee
Schedule (the ``Fee Schedule'') to increase the number of additional
Limited Service MIAX Express Order Interface (``MEO'') Ports available
to Market Makers.\3\ The Exchange does not propose to amend the fees
for additional Limited Service MEO Ports.
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    \3\ The term ``Market Maker'' or ``MM'' means a Member
registered with the Exchange for the purpose of making markets in
options contracts traded on the Exchange and that is vested with the
rights and responsibilities specified in Chapter VI of the
Exchange's Rules. See Exchange Rule 100.
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    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, 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 the Fee Schedule to offer two (2)
additional Limited Service MEO Ports to Market Makers. The Exchange
does not propose to amend the fees charged for the additional Limited
Service MEO Ports.
    The Exchange currently offers different options of MEO Ports
depending on the services required by an Exchange Member,\4\ including
a Full Service MEO Port-Bulk,\5\ a Full Service MEO Port-Single,\6\ and
a Limited Service MEO Port.\7\ Currently, a Member may be allocated two
(2) Full-Service MEO Ports of either type, Bulk and/or Single, per
Matching Engine, and up to eight (8) Limited Service MEO Ports, per
Matching Engine. The two (2) Full-Service MEO Ports that may be
allocated per Matching Engine to a Member currently may consist of: (a)
Two (2) Full Service MEO Ports--Bulk; or (b) two (2) Full Service MEO
Ports--Single. The Exchange also has a third option, option (c), which
permits a Member to have one (1) Full Service MEO Port--Bulk, and one
(1) Full Service MEO Port--Single.
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    \4\ The term ``Member'' means an individual or organization that
is registered with the Exchange pursuant to Chapter II of these
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See Exchange Rule 100.
    \5\ ``Full Service MEO Port--Bulk'' means an MEO port that
supports all MEO input message types and binary bulk order entry.
See the Definitions Section of the Fee Schedule.
    \6\ ``Full Service MEO Port--Single'' means an MEO port that
supports all MEO input message types and binary order entry on a
single order-by-order basis, but not bulk orders. See the
Definitions Section of the Fee Schedule.
    \7\ ``Limited Service MEO Port'' means an MEO port that supports
all MEO input message types, but does not support bulk order entry
and only supports limited order types, as specified by the Exchange
via Regulatory Circular. See the Definitions Section of the Fee
Schedule.
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    The Exchange currently provides Market Makers the first two (2)
requested Limited Service MEO Ports free of charge and charges $200 per
month for Limited Service MEO Ports three (3) and four (4), $300 per
month for Limited Service MEO Ports five (5) and six (6), and $400 per
month for Limited Service MEO Ports seven (7) and eight (8). These fees
have been unchanged since they were adopted in 2018.\8\
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    \8\ See Securities Exchange Act Release No. 83867 (March 13,
2018), 83 FR 12044 (March 19, 2018) (SR-PEARL-2018-07).
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    The Exchange originally added the Limited Service MEO Ports to
enhance the MEO Port connectivity made available to Market Makers.
Limited Service MEO Ports have been well received by Market Makers
since their addition. The Exchange now proposes to offer to Market
Makers the ability to purchase an additional two (2) Limited Service
MEO Ports per matching engine over and above the current six (6)
additional Limited Service MEO Ports per matching engine that are
available for purchase by Market Makers. The Exchange proposes making a
corresponding change to the text in the Port Fee table and to the text
below the Port Fee table in Section 5)d) of the Fee Schedule to specify
that Market Makers will now be limited to purchasing eight (8)
additional Limited Service MEO Ports per matching engine, for a total
of ten (10) per matching engine. All fees related to MEO Ports shall
remain unchanged and Market Makers that voluntarily purchase the
additional ninth or tenth Limited Service MEO Ports will be subject to
the existing $400 monthly fee per port that is charged to Market Makers
that request a seventh or eighth Limited Service MEO Port.
    The Exchange is increasing the number of additional Limited Service
MEO Ports because the Exchange is expanding its network. This network
expansion is necessary due to increased customer demand and increased
volatility in the marketplace, both of which have translated into
increased message traffic rates across the network. Consequently, this
network expansion, which increases the number of switches supporting
customer facing systems, is necessary in order to provide sufficient
access to new and existing Members, to maintain a sufficient amount of
network capacity head-room, and to continue to provide the same level
of service across the Exchange's low-latency, high-throughput
technology environment.
    Currently, the Exchange has 8 network switches that support the
entire customer base of MIAX Options and MIAX PEARL. The Exchange plans
to increase this to 10 switches, which will increase the number of
available customer ports by 25%. This increase in the number of
available customer ports will enable the Exchange to continue to
provide sufficient and equal access to the MIAX PEARL System to all
Members. Absent the proposed increase in available MEO Ports, the
Exchange

projects that its current inventory will be depleted and it will lack
sufficient capacity to continue to meet Members' access needs.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \9\ in general, and furthers
the objectives of Section 6(b)(5) of the Act \10\ in that it is
designed to promote just and equitable principles of trade, 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 and is not designed to permit unfair discrimination
between customers, issuers, brokers and dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that its proposal is consistent with the
objectives of Section 6(b)(5) of the Act \11\ because the proposed
additional Limited Service MEO Ports will be available to all Market
Makers and the current fees for the additional Limited Service MEO
Ports apply equally to all Market Makers regardless of type, and access
to the Exchange is offered on terms that are not unfairly
discriminatory. The Exchange is proposing to increase the number of
available Limited Service MEO Ports because the Exchange is expanding
its network. This network expansion is necessary due to increased
customer demand and increased volatility in the marketplace, both of
which have translated into increased message traffic rates across the
network. Consequently, this network expansion, which increases the
number of switches supporting customer facing systems, is necessary in
order to provide sufficient and equal access to new and existing
Members, to maintain a sufficient amount of network capacity head-room,
and to continue to provide the same level of service across the
Exchange's low-latency, high-throughput technology environment.
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    \11\ 15 U.S.C. 78f(b)(5).
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    Currently, the Exchange has 8 network switches that support the
entire customer base of MIAX Options and MIAX PEARL. The Exchange plans
to increase this to 10 switches, which will increase the number of
available customer ports by 25%. This increase in the number of
available customer ports will enable the Exchange to continue to
provide sufficient and equal access to MIAX PEARL Systems for all
Members. Absent the proposed increase in available MEO Ports, the
Exchange projects that its current inventory will be depleted and it
will lack sufficient capacity to continue to meet Members' access
needs. Further, the Exchange notes that decision of whether to purchase
two additional Limited Service MEO Ports is completely optional and it
is a business decision for each Market Maker to determine whether the
additional Limited Service MEO Ports are necessary to meet their
business requirements.
    The Exchange further believes that the availability of the
additional Limited Service MEO Ports is equitable and not unfairly
discriminatory because it will enable Market Makers to maintain
uninterrupted access to the MIAX PEARL System and consequently enhance
the marketplace by helping Market Makers to better manage risk, thus
preserving the integrity of the MIAX markets, all to the benefit of and
protection of investors and the public as a whole.
    The Exchange also believes that its proposal is consistent with
Section 6(b)(4) of the Act because only Market Makers that voluntarily
purchase the two additional Limited Service MEO Ports will be charged
the existing $400 monthly fee per port applicable to ports seven (7)
and eight (8), which has been unchanged since adopted 2018.\12\ The
Exchange does not propose to amend the fees applicable to additional
Limited Service MEO Ports which have been previously filed with the
Commission and become effective after notice and public comment.\13\ As
stated above, the Exchange proposes to expand its network by making
available two additional Limit Service MEO Ports due to increased
customer demand and increased volatility in the marketplace, both of
which have translated into increased message traffic rates across the
network. The cost to expand the network in this manner is greater than
the revenue the Exchange anticipates the additional Limited Service MEO
Ports will generate. Specifically, the Exchange estimates it will cost
approximately $350,000 in capital expenditures on hardware, software,
and other items to expand the network to make available the two
additional Limited Service MEO Ports. This estimated cost also includes
providing the necessary engineering and support personnel to transition
those Market Makers who wish to acquire the two additional Limited
Service MEO Ports.
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    \12\ See supra note 7.
    \13\ Id.
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    The Exchange projects that approximately six or seven Market Makers
will elect to purchase the additional Limited Service MEO Ports, which
will be subject to the existing monthly fee of $400 per port applicable
to ports seven (7) and eight (8). Accordingly, the Exchange projects
that the annualized revenue from the two additional Limited Service MEO
Ports will be approximately $67,200 (assuming that seven Market Makers
purchase the two additional Limited Service MEO Ports). Therefore, the
Exchange's cost in expanding its network to provide its Members with
the two additional Limited Service MEO Ports--approximately $350,000--
is clearly greater than the anticipated annualized revenue the Exchange
expects to bring in from the two additional Limited Service MEO Ports--
approximately $67,200. Thus, the Exchange is not generating a supra-
competitive profit from the provision of these two additional Limited
Service MEO Ports.
    Subjecting the two additional Limited Service MEO Ports to the
existing $400 monthly fee per port applicable to ports seven (7) and
eight (8) is also designed to encourage Market Makers to be efficient
with their port usage, thereby resulting in a corresponding increase in
the efficiency that the Exchange would be able to realize in managing
its aggregate costs for providing the two additional ports. There is no
requirement that any Market Maker maintain a specific number of Limited
Service MEO Ports and a Market Maker may choose to maintain as many or
as few of such ports as each Market Maker deems appropriate.
    Finally, subjecting the two additional Limited Service MEO Ports to
the existing $400 monthly fee applicable to ports seven (7) and eight
(8) will help to encourage Limited Service MEO Port usage in a way that
aligns with the Exchange's regulatory obligations. As a national
securities exchange, the Exchange is subject to Regulation Systems
Compliance and Integrity (``Reg. SCI'').\14\ Reg. SCI Rule 1001(a)
requires that the Exchange establish, maintain, and enforce written
policies and procedures reasonably designed to ensure (among other
things) that its Reg. SCI systems have levels of capacity adequate to
maintain the Exchange's operational capability and promote the
maintenance of fair and orderly markets.\15\ By encouraging Members to
be efficient with their usage of Limited MEO Ports, the current fee
that will continue to apply to the proposed two (2) additional Limited
Service MEO Ports will support the Exchange's Reg.

SCI obligations in this regard by ensuring that unused ports are
available to be allocated based on individual Members needs and as the
Exchange's overall order and trade volumes increase.
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    \14\ 17 CFR 242.1000-1007.
    \15\ 17 CFR 242.1001(a).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    MIAX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The proposed rule
change will not impose a burden on competition but will benefit
competition by enhancing the Exchange's ability to compete by providing
additional services to market participants. It is not intended to
address a competitive issue. Rather, the proposed increase in the
number of additional Limited Service MEO Ports available per Market
Maker is intended to allow the Exchange to increase its inventory of
MEO Ports to meet increased Member demand. The Exchange is increasing
the number of available additional Limited Service MEO Ports in
response to Market Maker demand for increased connectivity to the MIAX
PEARL System. The Exchange's current inventory may soon be insufficient
to meet those needs. Again, the Exchange is not proposing to amend the
fees for MEO Ports, just to increase the number of MEO Ports available
per Market Maker. The Exchange also does not believe that the proposed
rule change will impose a burden on intramarket competition because the
two additional Limited Service MEO Ports will be available to all
Market Makers on an equal basis. It is a business decision of each
Market Maker whether to pay for the additional Limited Service MEO
Ports.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\16\ and Rule 19b-4(f)(2) \17\ 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 shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
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    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \17\ 17 CFR 240.19b-4(f)(2).
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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- PEARL-2020-09 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-PEARL-2020-09. 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-PEARL-2020-09 and should be submitted on
or before August 10, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15557 Filed 7-17-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Notices]
[Page 39067-39068]
[DOCID:fr08jy08-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58042; File No. SR-DTC-2008-04]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule To
Establish an Alternate Choice in DTC Profile Surety Providers

June 26, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on June 5, 2008, the
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by DTC. DTC filed the proposal pursuant to Section 19(b)(3)(A)(iii) of
the Act \2\ and Rule 19b-4(f)(4) \3\ thereunder so that the proposal
was effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the rule change from
interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the rule change is to establish an alternate choice
in DTC Surety Providers.

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
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    \4\ The Commission has modified the text of the summaries
prepared by DTC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    DTC's Profile Modification System (``Profile'') is an electronic
communication hub between transfer agents that are Direct Registration
System (``DRS'') Limited Participants (``Limited Participants'') and
brokers that are DRS Participants (``Participants'' and, together with
Limited Participants, ``Users'').\5\ Profile allows Participants to
submit an investor's instruction to move a share position from the
investor's Limited Participant account to the Participant's account at
DTC (``Electronic Participant Instruction''). Profile also allows
Limited Participants to submit an investor's instruction to move a
share position from the Participant's account at DTC to an account
maintained by the Limited Participant (``Electronic Limited Participant
Instruction'' and, together with Electronic Participant Instruction,
``Electronic Instructions''). A User submitting an Electronic
Instruction through Profile is required to agree to a Participant
Terminal System (``PTS'') screen indemnity (``Screen Indemnity'').\6\
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    \5\ For a description of Profile, see Securities Exchange Act
Release No. 41862 (September 10, 1999), 64 FR 51162 (September 21,
1999) (order approving implementation of Profile).
    \6\ The Screen Indemnity protects, among others, the party
receiving the share position from liability in connection with the
transaction arising from a User's breach of the representation of
authority and consent to initiate the transaction. For a broader
description of the Screen Indemnity, see Securities Exchange Act
Release No. 42704 (April 19, 2000), 65 FR 24242 (April 25, 2000)
(order approving modification of Profile to incorporate use of the
Screen Indemnity).
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    Under DTC's Profile Surety Program (``PSP''),\7\ all Users of
Profile must procure a surety bond relating to their obligations under
such indemnity.\8\ PSP requires a surety bond to back the
representations a User makes under the Screen Indemnity in the case of
a User breaching its representation of authority to initiate the
transaction (``Surety Bond''). Participation in PSP requires the
payment of an annual premium of $3,150 to a surety provider and a DTC
administration fee of $250. The current PSP surety provider provides
for a coverage limit of $3 million per occurrence, with an annual
aggregate limit of $6 million, which may not allow for the coverage of
larger transactions under a single Surety Bond.
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    \7\ For a description of PSP, see Securities Exchange Act
Release No. 43586 (November 17, 2000), 65 FR 70745 (November 27,
2000).
    \8\ Pursuant to the DTC Profile Modification System Indemnity
Insurance Program (``Indemnity Insurance Program''), Users of
Profile may procure Profile Modification System Indemnity Insurance
(``Insurance'') relating to a particular transaction according to
the value of each individual securities transaction rather than
procuring a Surety Bond. The Insurance option provides a coverage
limit of $25 million per occurrence per policy and an annual
aggregate limit of $100 million. In addition to any pass-through fee
from the insurer, DTC charges Users participating in the Indemnity
Insurance Program an annual administration fee of $250 and a $2.50
per transaction fee. Securities Exchange Release Act No. 52422
(September 14, 2005), 70 FR 55196 (September 20, 2005).
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    DTC is proposing to provide Users of Profile an option to procure a
Surety Bond with a higher coverage limit then currently offered. Under
the proposal, the Surety Bond with the higher coverage limit will have
a limit of $7.5 million per occurrence and an annual aggregate limit of
$15 million. Users of this surety provider will be required to pay an
annual premium of $6,000 to a surety provider and a DTC administration
fee of $250. The intent of this program is to account for the larger
value Profile transactions that DRS currently handles, to provide
alternate surety options to Users, and for contingency planning. Users
will be permitted to participate with each surety provider, but will be
required to select only one provider per Profile transaction.
    The surety company issuing the Surety Bond will either be a company
selected by DTC as the administrator of such program or a surety
company selected by the DRS User. If a User elects to use a surety
company other than the one DTC has selected, the surety company
selected will be required to issue its Surety Bond in a form consistent
with the bond issued by the surety company selected by DTC.
    The proposed rule change is consistent with Section 17A of the
Act,\9\ as amended, because it modifies an existing service by
establishing an alternate choice for surety providers to provide a
broader range of options to safeguard transactions processed within the
service.
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    \9\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) of

the Act \10\ and Rule 19b-4(f)(4) \11\ thereunder because the proposed
rule change effects a change in an existing service of a registered
clearing agency that: (i) Does not adversely affect the safeguarding of
securities or funds in the custody or control of the clearing agency or
for which it is responsible and (ii) does not significantly affect the
respective rights or obligations of the clearing agency or persons
using the service. At any time within sixty days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(4).
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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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2008-04 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-DTC-2008-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, 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 inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of DTC and on DTC's Web
site at http://www.dtcc.com/downloads/legal/rule_filings/2008/dtc/
2008-04.pdf. 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-DTC-
2008-04 and should be submitted on or before July 29, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-15353 Filed 7-7-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57932-57934]
[FR Doc No: 2020-20386]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0027-N-22]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Requests (ICRs) abstracted below. Before submitting these
ICRs to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICRs.

DATES: Interested persons are invited to submit comments on or before
November 16, 2020.

ADDRESSES: Submit comments and recommendations for the proposed ICRs to
Ms. Hodan Wells, Information Collection Clearance Officer at email:
<EMAIL_ADDRESS>or telephone:<PHONE_NUMBER>. Please refer to the
assigned OMB control number in any correspondence submitted. FRA will
summarize comments received in response to this notice in a subsequent
notice and include them in its information collection submission to OMB
for approval.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICRs
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: Identification of Railroad Cars.\1\
---------------------------------------------------------------------------

    \1\ FRA makes a revision to the title of OMB Control Number
2130-0506 (formerly titled Identification of Cars Moved in
Accordance with Order 13528).
---------------------------------------------------------------------------

    OMB Control Number: 2130-0506.
    Abstract: The collection of information is associated with 49 CFR
232.3(d), formerly contained in Interstate Commerce Commission (ICC)
Order 13528. Paragraph (d)(3) of 49 CFR 232.3 conditionally excepts
certain export, industrial, and other cars not owned by a railroad from
part 232 compliance. It requires cars to be identified by a card
attached to each side of the equipment, signed by the shipper,
specifically noting that the car is being moved under the proper
authority. Railroads typically use carrier bad order forms or tags for
these purposes. These forms are readily available from all carrier
repair facilities. If a car moving under 49 CFR 232.3(d)(3) is not
properly tagged, a carrier is not legally allowed to move the car.
Section 232.3(d)(3) does not require carriers or shippers to retain
cards or tags. When a car bearing tags for movement under this
provision arrives at its destination, the tags are removed. FRA
estimates approximately 400 cars per year, each bearing two forms/tags,
are moved under this regulation.
    Type of Request: Extension without change of a currently approved
collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 765 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total cost
                          CFR section \2\                               Respondent      Total annual     Average time     Total annual    equivalent 3 4
                                                                         universe        responses      per responses     burden hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
232.3(d)--Cars moved in Accordance with ICC Order 13528--Tagging...   765 railroads         800 tags        5 minutes         67 hours           $3,886
--------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ The requesting inventory estimates a total burden of 67, the same as the current inventory.
\3\ The dollar equivalent cost throughout this document is derived from the Surface Transportation Board's Full Year Wage A&B data series using the
  appropriate employee group hourly wage rate that includes a 75-percent overhead charge.
\4\ The hourly wage rate used is $77 per hour ($33.37 * 1.75 = $58).

    Total Estimated Annual Responses: 800.
    Total Estimated Annual Burden: 67 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $3,886.
    Title: U.S. Locational Requirement for Dispatching U.S. Rail
Operations.
    OMB Control Number: 2130-0556.
    Abstract: 49 CFR part 241 requires, in the absence of a waiver,
that all dispatching of railroad operations occurring in the United
States be performed in the United States. A railroad may, however,
conduct dispatching from Mexico or Canada in an emergency situation,
but only for the duration of the emergency situation. A railroad
relying on this exception must provide written notification of its
action to FRA as soon as practicable; such notification is not required
before addressing the emergency situation. The information collected
under this rule is used as part of FRA's oversight function to ensure
that extraterritorial dispatchers comply with applicable safety
regulations.
    Type of Request: Extension without change of a currently approved
collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 4 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Respondent      Total annual     Average time     Total annual      Total cost
                          CFR section \5\                                universe        responses      per responses     burden hours    equivalent \6\
--------------------------------------------------------------------------------------------------------------------------------------------------------
241.9(c)--Written notification to FRA of emergency where dispatcher     4 railroads         1 notice          8 hours          8 hours             $616
 outside the U.S. dispatches a railroad operation in the U.S. for
 the duration of the emergency.....................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\5\ Note: The requesting inventory estimates a total burden of 8, the same as the current inventory.
\6\ The hourly wage rate used is $77 per hour ($44.27 * 1.75 = $77).

    Total Estimated Annual Responses: 1.
    Total Estimated Annual Burden: 8 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $616.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority:  44 U.S.C. 3501-3520.

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020-20386 Filed 9-15-20; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Notices]
[Pages 18744-18745]
[FR Doc No: 2011-7982]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-588]

Duke Energy Carolinas, LLC; Notice of Application for Amendment
of License and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:

    a. Application Type: Non-project use of project lands and waters
    b. Project No.: 2232-588
    c. Date Filed: November 3, 2010
    d. Applicant: Duke Energy Carolinas, LLC
    e. Name of Project: Catawba-Wateree Hydroelectric Project
    f. Location: The proposed non-project use would be located on Lake
Wateree in Fairfield County, South Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 USC 791a-825r
    h. Applicant Contact: Kevin K. Reagan, Manager, Lake Services, P.O.
Box 1006, Charlotte, NC 28201-1006; telephone<PHONE_NUMBER>.
    i. FERC Contact: Jade Alvey:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: April 17, 2011.
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments. Please include the
project number (P-2232-588) on any comments, motions, or
recommendations filed.
    k. Description of Request: The licensee is requesting authorization
to permit James Rion to lease 3.61 acres of project lands for a
commercial marina (Sutton's Landing) consisting of eight cluster docks
with a total of ninety-six boat slips. The proposed marina would impact
a total of approximately 700 linear feet of shoreline within the
project boundary. The slips would include downward-illuminating
pedestal lights. The licensee is also requesting a change in the
classification of the shoreline area from ``Existing Residential
Marina'' to ``True Public Marina.''
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
Bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the amendment application.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: March 17, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7982 Filed 4-4-11; 8:45 am]
BILLING CODE 6717-01-P