[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Notices]
[Pages 27143-27144]
[FR Doc No: 2021-10664]

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UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meetings; Unified Carrier Registration Plan Board
Subcommittee Meeting

TIME AND DATE: May 21, 2021, 12:00 p.m. to 2:00 p.m., Eastern time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (US Toll) or 1-669-900-6833 (US Toll) or (ii) 1-877-853-5247 (US
Toll Free) or 1-888-788-0099 (US Toll Free), Meeting ID: 943 9798 7597,
to listen and participate in this meeting. The website to participate
via Zoom Meeting and Screenshare is https://kellen.zoom.us/j/94397987597.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Finance
Subcommittee (the ``Subcommittee'') will continue its work in
developing and implementing the Unified Carrier Registration Plan and
Agreement. The subject matter of this meeting will include:

Proposed Agenda

I. Call to Order--Subcommittee Chair

    The Subcommittee Chair will welcome attendees, call the meeting to
order, call roll for the Subcommittee, confirm whether a quorum is
present, and facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify the publication of the
meeting notice on the UCR website and distribution to the UCR contact
list via email followed by the subsequent publication of the notice in
the Federal Register.

III. Review and Approval of Subcommittee Agenda and Setting of Ground
Rules--Subcommittee Chair

For Discussion and Possible Subcommittee Action

    The Agenda will be reviewed, and the Subcommittee will consider
adoption.
Ground Rules
[rtarr8] Subcommittee action only to be taken in designated areas on
agenda.

IV. Review and Approval of Subcommittee Minutes From the April 29, 2021
Meeting--Subcommittee Chair

For Discussion and Possible Subcommittee Action

    Draft minutes from the April 29, 2021 Subcommittee meeting via
teleconference will be reviewed. The Subcommittee will consider action
to approve.

V. Audit Module Development Discussion With the Education and Training
Subcommittee--UCR Operations Director

For Discussion and Possible Subcommittee Action

    The Subcommittee will discuss and provide updates on development of
the Audit Module. The Subcommittee may take action to approve the Audit
Module for posting on the Education and Training Center on the UCR Plan
website.

VI. Other Business--Subcommittee Chair

    The Subcommittee Chair will call for any other items Subcommittee
members would like to discuss.

VII. Adjournment--Subcommittee Chair

    The Subcommittee Chair will adjourn the meeting.
    The agenda will be available no later than 5:00 p.m. Eastern time,
May 14, 2021 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2021-10664 Filed 5-17-21; 4:15 pm]
BILLING CODE 4910-YL-P


[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Page 45191]
[FR Doc No: 2019-18719]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  Notice is hereby given, pursuant to the provisions of
the Government in Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission Investor Advisory Committee will hold a
telephonic meeting on Thursday, September 5, 2019.

PLACE:  The meeting will be open to the public via telephone at 1-800-
260-0719 in the United States or<PHONE_NUMBER> outside the United
States, participant code 470756.

STATUS: This meeting will begin at 11:00 a.m. (ET) and conclude at
12:30 p.m. and will be open to the public via telephone. The meeting
will be webcast by audio-only on the Commission's website at
www.sec.gov.

MATTERS TO BE CONSIDERED: On August 12, 2019, the Commission issued
notice of the Committee meeting (Release No. 33-10670), indicating that
the meeting is open to the public via telephone, and inviting the
public to submit written comments to the Committee. This Sunshine Act
notice is being issued because a quorum of the Commission may attend
the meeting.
    The agenda for the meeting includes: Welcome remarks; a discussion
regarding the proxy process (including a recommendation from the
Investor as Owner Subcommittee).

CONTACT PERSON FOR MORE INFORMATION:  For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: August 26, 2019.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2019-18719 Filed 8-26-19; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Rules and Regulations]
[Pages 75621-75624]
[FR Doc No: 2010-30399]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 431

Office of Commercial Space Transportation; Waiver of Autonomous
Reentry Restriction for a Reentry Vehicle

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of waiver.

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SUMMARY: This notice of waiver concerns two petitions for waiver
submitted to the Federal Aviation Administration (FAA) by Space
Exploration Technologies Corp. (SpaceX): A petition to waive the
requirement that a waiver petition be submitted at least sixty days
before the proposed effective date of the waiver, and a petition to
waive the requirement that SpaceX only initiate reentry of its reentry
vehicle, the Dragon Spacecraft (Dragon), by command. The first petition
is unnecessary because, as explained below, SpaceX demonstrated good
cause for its late filing. The FAA finds that waiving the requirement
for SpaceX ground operators to initiate Dragon's reentry to Earth is in
the public interest and will not jeopardize public health and safety,
safety of property, and national security and foreign policy interests
of the United States.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this waiver contact Howard Searight, Aerospace Engineer, AST-200,
Office of Commercial Space Transportation (AST), Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>For legal
questions concerning this waiver contact Laura Montgomery, Senior
Attorney for Commercial Space Transportation, AGC-200, Office of the
Chief Counsel, Regulations Division, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone (202)
267-3150; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: On September 23, 2010, SpaceX requested two waivers
from the FAA's Office of Commercial Space Transportation (AST) for the
reentry of Dragon, a reentry vehicle, to be launched on Falcon 9 flight
002. First, SpaceX requested a waiver of procedural requirements for
waivers set forth at 14 CFR 404.3. Second, SpaceX requested a waiver of
14 CFR 431.43(e)\1\ to allow autonomous reentry.\2\
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    \1\ Even though Dragon is a reentry vehicle and not a reusable
launch vehicle, 14 CFR 435.33 incorporates and applies section
431.43 to all reentry vehicles.
    \2\ SpaceX stated that autonomous reentry would only be used in
off-nominal circumstances, and the regulation prevents autonomous
reentry only for nominal circumstances, thus rendering a waiver
unnecessary. This interpretation of the regulation conflicts with
the regulation's requirement that an operator only initiate reentry
by command as described in the preamble to the proposed rule. There,
the FAA expressed its concern that authorizing reentry of totally
autonomous vehicles would not fulfill adequately its public safety
responsibility. Without active control, those systems and conditions
necessary for safe reentry would not be verified before reentry was
initiated Commercial Space Transportation Reusable Launch Vehicle
and Reentry Licensing Regulations, 64 FR 19626, 19645 (Apr. 21,
1999) (Reentry NPRM). Because it was the FAA's intent that the
regulations ensure human control capability upon reentry, SpaceX's
petition is a request for a waiver.
---------------------------------------------------------------------------

    The FAA licenses, in relevant part, the launch of a launch vehicle,
and reentry of a reentry vehicle under authority granted to the
Secretary of Transportation by 49 U.S.C. Subtitle IX, chapter 701
(Chapter 701), and delegated to the FAA's Administrator and Associate
Administrator for Commercial Space Transportation.
    SpaceX is a private commercial space flight company. It entered
into a Space Act Agreement with the National Aeronautics and Space
Administration (NASA) as part of NASA's Commercial Orbital
Transportation Services (COTS) program. The COTS program is designed to
stimulate efforts within the private sector to demonstrate safe,
reliable, and cost-effective space transportation to the International
Space Station.
    SpaceX's petition for waiver concerns an upcoming demonstration
flight that it plans to undertake as part of the COTS program. At the
time of the filing of the petition, the launch for that flight was
scheduled to take place on November 8, 2010. During the flight,
SpaceX's Falcon 9 vehicle will launch the Dragon reentry vehicle into
orbit. Dragon is a reentry vehicle whose capability SpaceX plans to
demonstrate for NASA. Ultimately, SpaceX intends to use Dragon to
transport cargo and people to and from the International Space Station.
    Once Dragon is in orbit, a ground-implemented health check will be
carried out by telemetry. SpaceX has designed the Dragon capsule to
remain in orbit until SpaceX ground operators transmit a reentry
command. A ground operator can issue commands to either enable or
disable the reentry of Dragon based on the health of the vehicle.
Dragon is also able to conduct an autonomous health check. Propellant
and power levels are the key variables used by ground operators in
determining whether to issue commands to reenter or stay in orbit, and
the same variables would be used by the vehicle in its onboard health
check. The onboard health check is designed to check time-dependent
variables to ensure the health and functionality of the propellant,
power and avionics sub-systems. Based on these evaluations, Dragon is
able to determine whether it is healthy. On the ground, the reentry
team can read the raw data and establish for themselves whether Dragon
is healthy. Dragon's onboard health check is designed to replicate the
decision-making process of the ground operators with respect to time-
dependent failures, which are, in Dragon's case, the full depletion of
power and propellant. If Dragon's communications failed and the vehicle
passed the onboard health check, Dragon would reenter autonomously.
    Once Dragon passes a ground-implemented health check, ground
operators will issue a reentry command. After ground operators issue
the reentry command, Dragon will wait until the point in space at which
the reentry burn initiation is planned before initiating reentry.
Dragon will reenter, deploy three parachutes and splash down. A nominal
Dragon reentry splashes down in the Pacific Ocean off the coast of
southern California with some propellants on board.
    If an anomaly occurs after the issuance of the reentry command,
ground operators can issue a command that disables reentry. SpaceX is
concerned with what would happen if its ground operators were unable to
communicate a reentry command to a healthy Dragon due to failed or
disabled communications. In this circumstance, SpaceX proposes that the
FAA permit the autonomous reentry of a healthy Dragon at the nominal
landing location in order to maximize public safety. This scenario may
play out in different ways. If ground operators needed more time to
complete a health check than that available during one orbit, they
could disable reentry by command. Dragon would then not reenter, even
if its autonomous health check would otherwise allow it to. If a health
check proved satisfactory, ground operators could re-enable reentry,
and Dragon would reenter. If Dragon never received a command, it could
rely on the results of its own continuous autonomous health check, and,
if those results were positive, reenter.
    Dragon has several safety features that would allow for a safe
autonomous reentry in the event of a communications failure, including:
(1) The vehicle automatically reduces itself to its lowest energy level
in the case of an off-nominal burn; (2) the vehicle has the ability to
autonomously guide itself to the same pre-determined landing site,
located more than 780 kilometers from the coastline; (3) the vehicle
has the ability to monitor its safety-critical systems in real-time;
(4) the vehicle has over 100% margin on both power and propellant
budgets; (5) the vehicle has a space-grade inertial measurement unit
(IMU); (6) the vehicle

has a space-grade flight computer; and (7) the vehicle has redundant
drogue parachutes and dual redundant main parachutes.
    Waiver Criteria: Chapter 701 allows the FAA to waive a requirement
for an individual license applicant if the FAA decides that the waiver
will not jeopardize public health and safety, safety of property, and
national security and foreign policy interests of the United States and
is in the public interest. 49 U.S.C. 70105(b)(3) (2010); 14 CFR
404.5(b) (2010).

Section 404.3 Waiver Petition

    Section 404.3(b)(5) requires that a petition for waiver be
submitted at least sixty days before the proposed effective date of the
waiver. However, this section also provides that a petition may be
submitted late if the petitioner shows good cause. Id. (b)(5).
    Here, SpaceX submitted its waiver petition on September 23, 2010,
which was less than sixty days before the November 8, 2010 launch date
planned at the time of the filing of the petition. However, in its
petition, SpaceX explained that it initially interpreted the applicable
regulations differently than the FAA, and was not aware that a waiver
would be required. Once the FAA informed SpaceX that it needed to
obtain a waiver, SpaceX proceeded to apply for the waiver in a timely
fashion. As such, the FAA has found that SpaceX had good cause for
submitting its waiver petition less than sixty days from its launch
date. Therefore, SpaceX's late submission does not violate 404.3(b)(5),
and a waiver of that section is unnecessary.

Section 431.43(e) Waiver Petition

    Section 431.43(e) requires, in pertinent part, any operator of a
reusable launch vehicle that enters Earth orbit to issue a command
enabling reentry flight of the vehicle. It further states that reentry
flight cannot be initiated autonomously under nominal circumstances
without prior enable. 14 CFR 431.43(e).
    For reasons described below, the FAA waives the requirement of 14
CFR 431.43(e), and allows SpaceX to autonomously initiate reentry
flight of Dragon in the event that SpaceX ground operators lose
communication with Dragon, and Dragon is healthy. In this context,
communication loss means Dragon fails to send a reentry request to
SpaceX's ground operators, or the ground operators are unable to send a
command enabling reentry of Dragon. The onboard health check is
designed to check time-dependent variables to ensure the health and
functionality of the propellant, power and avionics sub-systems.
    In deciding whether or not to waive the requirement that Dragon's
operator issue a command to enable reentry of the vehicle, the FAA must
analyze whether the waiver: (1) Is in the public interest; (2) will not
jeopardize public health and safety or safety of property; and (3) will
not jeopardize national security and foreign policy interests of the
United States. 49 U.S.C. 70105(b)(3); 14 CFR 404.5(b). The FAA will
grant this waiver because SpaceX satisfies the criteria.

A. Public Interest

    The change proposed by SpaceX is consistent with the statutory goal
of seeking improvements to safety. 49 U.S.C. 70101(a)(12) and
(b)(2)(C). Granting SpaceX's waiver is in the public interest because a
guided reentry is safer than a random reentry, and therefore Dragon's
proposed autonomous reentry capability enhances the overall safety of
the mission.

B. Public Health and Safety

    Although the FAA's regulation prohibits autonomous reentry, a
waiver is warranted in SpaceX's case because an autonomous reentry of a
healthy Dragon that has lost ground communications is safer than a
random reentry. The preamble to the Reentry NPRM acknowledges that some
RLV operators were contemplating totally autonomous reentry capability,
and expressed a concern that autonomous reentry was not adequately
safe. Specifically, the FAA was concerned about system anomalies or
other non-compliant conditions that would not be verified before
initiation of reentry in the absence of active human control. Reentry
NPRM, 64 FR at 19645. The FAA retained flexibility in granting waivers
to allow the use of autonomous systems. Commercial Space Transportation
Reusable Launch Vehicle and Reentry Licensing Regulations, 65 FR 56618,
56641 (Sept. 19, 2000) (Reentry Rule). In requiring the capability for
human intervention, the FAA did not intend to foreclose the use of
autonomous systems or autonomous decision-making. Id. SpaceX's proposed
approach addresses the concern underlying the regulatory requirements
and poses less risk than that associated with Dragon being left in
orbit to reenter randomly at some later time. SpaceX's mitigation
measures are of additional importance to the FAA's decision to grant a
waiver.
    The FAA's reason for requiring commanded reentry was to make sure
that an operator had the chance to verify that there were no system
anomalies or other non-compliant conditions. Under SpaceX's proposed
plan, the operator would employ two means of detecting any such
anomalies. Ground operators and Dragon's own continuous autonomous
health check would both perform health checks to determine whether
conditions prohibited reentry.
    To determine the effect of granting SpaceX's waiver on public
safety, the FAA performed a risk analysis of potential reentry
outcomes. The risks of leaving the vehicle in orbit or attempting a
reentry (whether autonomous or commanded) are best compared by applying
conditional probabilities, where an undesired event is assumed to
happen, to each possibility. For purposes of comparison, in the two
cases discussed below, the FAA assumes that Dragon fails to expel its
propellant, and its parachutes fail to deploy, resulting in an
explosive impact.
    In a random reentry scenario, Dragon has lost communications and is
unable to reenter autonomously. The FAA assumed a 100% probability of
leaving the vehicle in orbit with a full propellant load. The vehicle
would continue circling the Earth until it reentered randomly due to
natural orbital decay. The FAA assumed the impact probability in a
given latitude band was equivalent to the dwell time of the vehicle in
orbit over that latitude band. The FAA computed the population density
as a function of latitude by dividing the population within each
latitude band under Dragon by the Earth's surface area within each
latitude band. The FAA applied a sheltering model based on surveys and
socioeconomic factors, including population density and distribution
and the types of homes people live in, all of which affect expected
casualties. The conditional risk computed for a random reentry produced
an expected average number of casualties (Ec) of
approximately 23 x 10-3.
    In an autonomous reentry scenario, Dragon has lost communications
and is attempting an autonomous reentry. The FAA assumed a 100%
probability of reentry burn failure at any time from burn initiation to
burn cutoff, assuming a uniform failure rate. In this scenario, Dragon
remains orbital for two-thirds of its burn. Two-thirds of the
conditional random reentry risk calculated above results in an
Ec of approximately 15 x 10-3. The remaining risk
results from an assumed failure during the last third of the reentry
burn when the vehicle is no longer in orbit. This results in a flight
corridor extending from the Atlantic to the Pacific crossing over the
continental

United States and Northern Mexico. The conditional risk along this
flight corridor is approximately Ec 13 x 10-3.
The FAA multiplied 13 x 10-3 by one-third, to account for
the fact that this failure mode is only applicable to one-third of the
burn, which results in an Ec of 41 x 10-4. The
total conditional risk associated with an autonomous reentry, where a
burn failure is assumed, is 19 x 10-3. Thus, there is
theoretically 20% less risk in an attempt to reenter Dragon than there
is in leaving it in orbit given a communications failure.
    Also of importance to the FAA's decision to grant a waiver, Dragon
is equipped with a number of mitigating features. First, the vehicle
automatically safes itself in the case of an off-nominal burn. This
means that if Dragon conducted its reentry burn, but computed that the
desired landing spot would not be achieved, it would vent the rest of
its fuel, thereby reducing the possibility of explosion or dispersion
of toxic fumes on impact. Second, the vehicle has the ability to
autonomously guide itself to its planned landing location in the
Pacific Ocean, some 780 kilometers from the coastline. This internal
capability allows Dragon to act independently, based on programmed
instructions and information regarding its location, if communications
with the ground are lost. Third, the vehicle has the ability to monitor
its safety-critical systems in real-time. This means Dragon has near-
immediate awareness of the operability of its on-board systems that
allow it to operate safely, and this awareness enables Dragon to react
in time to conduct a reentry. Fourth, the vehicle has a space-grade IMU
and flight computer. This means Dragon is equipped with a system that
provides information on where Dragon is, which is pertinent to its
guidance capabilities, and the IMU and flight computer are designed and
tested to operate in the rigorous conditions of space.

C. National Security and Foreign Policy Implications

    The FAA has not identified any national security or foreign policy
implications associated with granting this waiver.
    Summary and Conclusion: A waiver is in the public interest because
it accomplishes the goals of Chapter 701 and decreases risk to the
public. The waiver will not jeopardize public health and safety or
safety of property because allowing autonomous reentry of a healthy
Dragon vehicle that has lost all communications presents less risk than
a random reentry. A waiver will not jeopardize national security and
foreign policy interests of the United States. For the foregoing
reasons, the FAA has waived the requirement of 14 CFR 431.43(e) for a
commanded reentry, and allows SpaceX to autonomously initiate reentry
flight of Dragon in the event that all communication between ground
operators and Dragon has been lost, and Dragon is healthy.

    Issued in Washington, DC on November 30, 2010.
Kenneth Wong,
Licensing and Safety Division Manager.
[FR Doc. 2010-30399 Filed 12-3-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Notices]
[Page 12229]
[FR Doc No: 2018-05561]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82871; File No. SR-NASDAQ-2017-088]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change, as Modified by Amendment No. 1, To Allow Participants To
Designate When an Order With a RTFY or SCAN Routing Order Attribute
Will be Activated During Pre-Market Hours

March 14, 2018.
    On August 30, 2017, The Nasdaq Stock Market LLC (``Exchange'' or
``Nasdaq'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Nasdaq Rule 4703(a) to allow participants
to designate when an order with a RTFY or SCAN routing order attribute
will be activated during Pre-Market Hours. The proposed rule change was
published for comment in the Federal Register on September 18, 2017.\3\
On October 31, 2017, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
rule change.\5\ On December 13, 2017, the Exchange filed Amendment No.
1 to the proposed rule change.\6\ On December 15, 2017, the Commission
published notice of Amendment No. 1 and instituted proceedings under
Section 19(b)(2)(B) of the Act \7\ to determine whether to approve or
disapprove the proposed rule change, as modified by Amendment No. 1.\8\
The Commission has received no comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81579 (September 12,
2017), 82 FR 43584.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 81986, 82 FR 51453
(November 6, 2017). The Commission designated December 17, 2017 as
the date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to approve or disapprove,
the proposed rule change.
    \6\ Amendment No. 1 is available at https://www.sec.gov/comments/sr-nasdaq-2017-088/nasdaq2017088-2798107-161689.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 82335, 82 FR 60637
(December 21, 2017).
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    Section 19(b)(2) of the Act \9\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on September 18, 2017. March 17, 2018 is 180 days from
that date, and May 16, 2018 is 240 days from that date.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change, as modified by Amendment No. 1. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\10\ designates May
16, 2018 as the date by which the Commission shall either approve or
disapprove the proposed rule change (File No. SR-NASDAQ-2017-088), as
modified by Amendment No. 1.
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    \10\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05561 Filed 3-19-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46746-46747]
[FR Doc No: 2020-16806]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89418; File No. 4-518]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the Plan Establishing Procedures Under Rule 605 of
Regulation NMS To Add the MEMX LLC as a Participant

July 29, 2020.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on July 6, 2020, MEMX LLC (``MEMX'' or

``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') \3\ an amendment to the national market system plan
establishing procedures under Rule 605 of Regulation NMS (``Plan'').\4\
The amendment adds MEMX as a Participant \5\ to the Plan. The
Commission is publishing this notice to solicit comments on the
amendment from interested persons.
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    \1\ 15 U.S.C 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ See Letter from Anders Franzon, General Counsel, MEMX LLC,
to Vanessa A. Countryman, Secretary, Commission, dated July 6, 2020.
    \4\ 17 CFR 242.605. On April 12, 2001, the Commission approved a
national market system plan for the purpose of establishing
procedures for market centers to follow in making their monthly
reports available to the public under Rule 11Ac1-5 under the Act (n/
k/a Rule 605 of Regulation NMS). See Securities Exchange Act Release
No. 44177 (April 12, 2001), 66 FR 19814 (April 17, 2001).
    \5\ The term ``Participant'' is defined as a party to the Plan.
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I. Description and Purpose of the Plan Amendment

    As noted above, the sole proposed amendment to the Plan is to add
the Exchange as a Participant. On May 4, 2020, the Commission issued an
order granting MEMX's application for registration as a national
securities exchange.\6\ A condition of the Commission's approval was
the requirement for MEMX to join the Plan.
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    \6\ See Securities Exchange Act Release No. 88806 (May 4, 2020),
85 FR 27451 (May 8, 2020).
---------------------------------------------------------------------------

    Under Section II(c) of the Plan, any entity registered as a
national securities exchange or national securities association under
the Act may become a Participant by: (i) Executing a copy of the Plan,
as then in effect; (ii) providing each then-current Participant with a
copy of such executed Plan; and (iii) effecting an amendment to the
Plan as specified in Section III(b) of the Plan. Section III(b) of the
Plan sets forth the process for a prospective new Participant to effect
an amendment of the Plan. Specifically, the Plan provides that such an
amendment to the Plan may be effected by the new national securities
exchange or national securities association by executing a copy of the
Plan, as then in effect (with the only changes being the addition of
the new Participant's name in Section II(a) of the Plan and the new
Participant's single-digit code in Section VI(a)(1) of the Plan) and
submitting such executed Plan to the Commission. The amendment will be
effective when it is approved by the Commission in accordance with Rule
608 of Regulation NMS, or otherwise becomes effective pursuant to Rule
608 of Regulation NMS.
    MEMX has executed a copy of the Plan currently in effect, with the
only changes being the addition of its name in Section II(a) of the
Plan and adding its single-digit code in Section VI(a)(1) of the Plan,
and has provided a copy of the Plan executed by MEMX to each of the
other Participants. MEMX has also submitted the executed Plan to the
Commission. Accordingly, all of the Plan requirements for effecting an
amendment to the Plan to add MEMX as a Participant have been satisfied.

II. Effectiveness of the Proposed Plan Amendment

    The foregoing Plan amendment has become effective pursuant to Rule
608(b)(3)(iii) of the Act \7\ because it involves solely technical or
ministerial matters. At any time within sixty days of the filing of
this amendment, the Commission may summarily abrogate the amendment and
require that it be refiled pursuant to paragraph (a)(1) of Rule 608,\8\
if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
the maintenance of fair and orderly markets, to remove impediments to,
and perfect the mechanisms of, a national market system or otherwise in
furtherance of the purposes of the Act.
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    \7\ 17 CFR 242.608(b)(3)(iii).
    \8\ 17 CFR 242.608(a)(1).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the amendment 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 4-518 on the subject line.

Paper Comments

     Send paper comments in triplicate to Vanessa A.
Countryman, Secretary, Securities and Exchange Commission, 100 F Street
NE, Washington, DC 20549-1090.

All submissions should refer to File Number 4-518. 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 plan amendment that are filed
with the Commission, and all written communications relating to the
amendment 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 such filing also will be available for inspection
and copying at the principal office of the MEMX. 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 4-518 and should be submitted on or before
August 24, 2020.

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-16806 Filed 7-31-20; 8:45 am]
BILLING CODE 8011-01-P