[Federal Register: February 13, 2006 (Volume 71, Number 29)]
[Notices]
[Page 7607-7609]
[DOCID:fr13fe06-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53243; File No. SR-Phlx-2005-43)

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval to a Proposed
Rule Change and Amendments No. 1, 2, and 3 Thereto Relating to Index
Option Strike Prices

February 7, 2006.
    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 22, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
On December 8, 2005, the Exchange filed Amendment No. 1 to the proposed
rule change. On December 9, 2005, the Exchange filed Amendment No. 2 to
the proposed rule change. On January 12, 2006, the Exchange filed
Amendment No. 3 to the proposed rule change.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons. In addition, the Commission is
granting accelerated approval of the proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 3 replaced and superseded the original filing
and subsequent amendments in their entireties. Telephone
conversation between Jruij Trypupenko, Director and Counsel, New
Products Group and Legal Department, Phlx, and Theodore S. Venuti,
Attorney, Division of Market Regulation, Commission, on January 26,
2006.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Phlx Rule 1101A (Terms of Option
Contracts) to indicate that the Exchange may set strike price intervals
of $5 or greater for options on indexes, and may set strike prices at
$2.50 or greater for listed index options or in response to

customer interest or specialist request. The proposal would also delete
language that is no longer necessary. The text of the proposed rule
change, as amended, is below. Proposed new language is in italics;
proposed deletions are in [brackets].

Rule 1101A.

Terms of Option Contracts

    (a) The Exchange shall determine fixed point intervals of exercise
prices for index options (options on indexes). Generally, the exercise
(strike) price intervals [shall]will be [$2.50 for the three
consecutive near-term months,] no less than $5; provided, that [for the
fourth month and $10 for the fifth. However,] the Exchange may
determine to list strike prices at no less than $2.50 intervals [in
response to demonstrated customer interest or specialist request] for
options on the following indexes (which may also be known as sector
indexes):
    (i) PHLX Computer Box Maker Index, if the strike price is less than
$200,
    (ii) PHLX Defense Index, if the strike price is less than $200,
    (iii) PHLX Drug Index, if the strike price is less than $200,
    (iv) PHLX Europe Index, if the strike price is less than $200,
    (v) PHLX Gold/Silver Index, if the strike price is less than $200,
    (vi) PHLX Housing Index, if the strike price is less than $200,
    (vii) PHLX Oil Service Index, if the strike price is less than
$200,
    (viii) PHLX Semiconductor Index, if the strike price is less than
$200,
    (ix) PHLX Utility Index, if the strike price is less than $200,
    (x) PHLX World Energy Index, if the strike price is less than $200,
    (xi) SIG Investment Managers IndexTM, if the strike price is less
than $200,
    (xii) SIG Cable, Media & Entertainment IndexTM, if the strike price
is less than $200,
    (xiii) SIG Casino Gaming IndexTM, if the strike price is less than
$200,
    (xiv) SIG Semiconductor Equipment IndexTM, if the strike price is
less than $200,
    (xv) SIG Semiconductor Device IndexTM, if the strike price is less
than $200,
    (xvi) SIG Specialty Retail IndexTM, if the strike price is less
than $200,
    (xvii) SIG Steel Producers IndexTM, if the strike price is less
than $200,
    (xviii) SIG Footwear & Athletic IndexTM, if the strike price is
less than $200,
    (xix) SIG Education IndexTM, if the strike price is less than $200,
    (xx) SIG Restaurant IndexTM, if the strike price is less than $200,
    (xxi) SIG Coal Producers IndexTM, if the strike price is less than
$200,
    (xxii) SIG Oil Exploration & Production IndexTM, if the strike
price is less than $200,
    (xxiii) PHLX/KBW Bank Index, if the strike price is less than $200,
    (xxiv) KBW Capital Markets Index, if the strike price is less than
$200,
    (xxv) KBW Insurance Index, if the strike price is less than $200,
    (xxvi) KBW Mortgage Finance Index, if the strike price is less than
$200,
    (xxvii) KBW Regional Banking Index, if the strike price is less
than $200,
    (xxviii) TheStreet.com Internet Sector, if the strike price is less
than $200,
    (xxix) Wellspring Bioclinical Trials IndexTM, if the strike price
is less than $200.
    The Exchange may also determine to list strike prices at no less
than $2.50 intervals for options on indexes delineated in this rule in
response to demonstrated customer interest or specialist request. For
purposes of this paragraph, demonstrated customer interest includes
institutional (firm) corporate or customer interest expressed directly
to the Exchange or through the customer's floor brokerage unit, but not
interest expressed by an ROT with respect to trading for the ROT's own
account. [The Exchange may also determine to list strike prices at
wider intervals.]
    (b) through (c), Commentary--No change.
* * * * *

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 had received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Phlx has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to provide the Exchange
with the ability to set strike price intervals for options on indexes
at $2.50 or greater if the strike price is less than $200, in keeping
with Exchange needs, specialist and customer requests, and market
conditions and practices.
    Phlx Rule 1101A currently indicates the Exchange generally shall
determine set strike intervals for options on indexes, which are also
known as index options or sector index options, as follows: $2.50 for
three consecutive near-term months, $5.00 for the fourth month, and
$10.00 for the fifth month.
    The Exchange has found that the index strike pricing formulation,
which generally requires set pricing intervals according to whether
options are in the first three consecutive months, the fourth month, or
the fifth month, does not afford the flexibility to set strike prices
at appropriate intervals commensurate with market conditions and index
prices set by other exchanges, often for similar products.\4\ Moreover,
Phlx specialists and customers have expressed on numerous occasions
that the current index strike pricing approach is too restrictive and
does not allow for efficient pricing of index options, thereby putting
them at a competitive disadvantage.
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    \4\ The Exchange has recently amended current Phlx Rule 1101A in
an attempt to gain needed flexibility. See Securities Act Release
No. 49311 (February 24, 2004), 69 FR 9673 (March 1, 2004) (SR-Phlx-
2003-72).
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    The Exchange therefore proposes to amend Phlx Rule 1101A to
indicate that the Exchange would be permitted to determine fixed point
strike price intervals for index options (also known as sector index
options) as follows:
--No less than $5.00,
--Provided that the Exchange may list strike prices at no less than
$2.50 intervals (a) in those index options delineated in Phlx Rule
1101A(a) where the strike prices are less than $200, and (b) in the
same index options delineated in this rule in response to demonstrated
customer interest or specialist request.

    For purposes of Phlx Rule 1101A, ``demonstrated customer interest
or specialist request'' includes institutional (firm) corporate or
customer interest expressed directly to the Exchange or through the
customer's floor brokerage unit, but does not include interest
expressed by a registered options trader (``ROT'') with respect to
trading for the ROT's own account.
    The Exchange believes that proposed Phlx Rule 1101A, as amended,
would provide the flexibility needed for more efficient index options
pricing, would tend to maximize trading opportunities, and would be
analogous in function to

index strike pricing rules of other option exchanges.\5\
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    \5\ See e.g., Chicago Board Options Exchange Rule 24.9 and
International Securities Exchange Rule 2009.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\6\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\7\ in particular, in that it is designed to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transaction 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.
The Exchange believes that the proposed rule should allow the Exchange
to set strike prices at levels that would maximize pricing efficiency
and trading opportunities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose 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

    No written comments were either solicited or received.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-Phlx-2005-43 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2005-43. 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. Copies of such filing also will be available
for inspection and copying at the principal office of the Phlx. 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 publicly available. All
submissions should refer to File Number SR-Phlx-2005-43 and should be
submitted on or before March 6, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change, as amended, is consistent with the requirements of the Act and
the rules and regulations thereunder, applicable to a national
securities exchange.\8\ In particular, the Commission believes that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\9\
which requires among other things, that the rules of the Exchange are
designed to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transaction 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. The Commission believes that the proposed rule change should
provide the Exchange with the flexibility to efficiently price index
options by allowing the Exchange to list $2.50 strike price intervals
only on certain index options delineated in this rule.
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    \8\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Phlx has requested that the Commission find good cause for
approving the proposed rule change prior to the thirtieth day after
publication of notice thereof in the Federal Register. The Commission
notes that other option exchanges have similar rules permitting the
listing of $2.50 strike price intervals on certain delineated index
options.\10\ The Commission believes that granting accelerated approval
of the proposal should allow the Phlx to conform its rules to those of
other option exchanges without delay. Accordingly, the Commission finds
good cause, pursuant to Section 19(b)(2) of the Act,\11\ for approving
the proposed rule change, as amended, prior to the thirtieth day after
the date of publication of notice thereof in the Federal Register.
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    \10\ See supra note 5.
    \11\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-Phlx-2005-43) and Amendments
No. 1, 2, and 3 thereto be, and hereby are, approved on an accelerated
basis.
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    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-1964 Filed 2-10-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Pages 34919-34920]
[FR Doc No: 2022-12286]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34606; File No. 812-15298]

BlackRock Capital Investment Advisors, LLC and BlackRock Private
Credit Fund

June 2, 2022.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) and section 61(a) of the Act.
    Summary of Application: Applicants request an order to permit
certain closed-end management investment companies that have elected to
be regulated as business development companies (``BDCs'') to issue
multiple classes of shares with varying sales loads and asset-based
service and/or distribution fees.
    Applicants: BlackRock Capital Investment Advisors, LLC and
BlackRock Private Credit Fund.
    Filing Dates: The application was filed on January 21, 2022 and
amended on May 2, 2022.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the Commission's Secretary at [email protected] and serving the
Applicants with a copy of the

request by email, if an email address is listed for the relevant
Applicant below, or personally or by mail, if a physical address is
listed for the relevant Applicant below. Hearing requests should be
received by the Commission by 5:30 p.m. on June 27, 2022, and should be
accompanied by proof of service on the Applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Laurence D. Paredes, BlackRock Capital Investment Advisors, LLC, 40
East 52nd Street, New York, New York 10022; Michael K. Hoffman, Esq.
Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York,
NY 10001; Kevin T. Hardy, Esq., Skadden, Arps, Slate, Meagher & Flom
LLP, 155 North Wacker Drive, Chicago, Illinois 60606.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, or
Terri G. Jordan, Branch Chief, at<PHONE_NUMBER> (Division of
Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' first amended and
restated application, dated May 2, 2022, which may be obtained via the
Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field,
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-12286 Filed 6-7-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 22, 2006 (Volume 71, Number 184)]
[Notices]
[Page 55454-55455]
[DOCID:fr22se06-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC06-423-000; FERC Form No. 423]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Extension

September 14, 2006.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3506(c) (2) (a)
of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13), the
Federal Energy Regulatory Commission (Commission) is soliciting public
comment on the specific aspects of the information collection described
below.

DATES: Comments on the collection of information are due November 20,
2006.

ADDRESSES: Copies of sample filings of the proposed collection of
information can be obtained from the Commission's Web site http://www.ferc.gov/docs-filings/elibrary.asp
 or from the Federal Energy

Regulatory Commission, Attn: Michael Miller, Office of the Executive
Director, ED-34, 888 First Street, NE., Washington, DC 20426. Comments
may be filed either in paper format or electronically. Those parties
filing electronically do not need to make a paper filing. For paper
filing, the original and 14 copies of such comments should be submitted
to the Secretary of the Commission, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 and refer to
Docket No. IC06-423-000.
    Documents filed electronically via the Internet must be prepared in
WordPerfect, MS Word, Portable Document Format, or ASCII format. To
file the document, access the Commission's Web site at http://www.ferc.gov
, click the Documents and Filing tab, then choose eFiling

from the drop-down menu.'' Follow the instructions provided. First time
users will have to establish a user name and password. The Commission
will send an automatic acknowledgement to the sender's e-mail address
upon receipt of comments.

    All comments may be viewed, printed or downloaded remotely via the
Internet through the Commission's homepage using the eLibrary link. For
user assistance, contact<EMAIL_ADDRESS>or toll-free at
(866) 208-3676, or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC Form No. 423 ``Monthly Report of Cost and Quality
of Fuels for Electric Plants'' (OMB No. 1902-0024) is used by the
Commission: (1) To conduct fuel reviews under FPA sections 205 (a) and
(e); (2) for use in a broad range of fuel cost and purchase practice
issues rising from electric utility rate cases; (3) to detect
abnormally high fuel costs in utility fuel purchases indicative of
affiliate preference at the cost of the consumer; (4) in conjunction
with other data, to identify potential out-of-merit plant dispatches
carried out by system operators and (5) in conjunction with bid data,
provides an indication of market efficiency by providing one of the key
components of electricity generation cost.
    Other Federal and State agencies, such as the Energy Information
Administration and the Environmental Protection Agency, as well as
private interest groups, electric utilities and the public use this
timely data: (1) To compare each fuel type by quality determinants, in
the study of developments in fuel supply which may affect the
reliability of electric service, (2) in environmental improvement
programs for the different air quality control regions in the United
States and (3) for use in analyses of energy and fuel supply impacts on
the cost of electric power.
    The Commission implements these filing requirements in the Code of
Federal Regulations (CFR) under 18 CFR 141.61.
    Action: The Commission is requesting a three-year extension of the
current expiration date, with no changes to the existing collection of
data.
    Burden Statement: Public reporting burden for this collection is
estimated as:

----------------------------------------------------------------------------------------------------------------
                                                              Number of      Average burden
             Number of respondents annually                 responses per       hours per        Total annual
                                                             respondent         response         burden hours
(1)                                                                    (2)               (3)     (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
569.....................................................                12                 1               6,828
----------------------------------------------------------------------------------------------------------------

    Estimated cost burden to respondents is $385,129. (6828 hours/2080
hours per year times $117,321 per year average per employee =
$385,129). The cost per respondent is $677).
    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities, which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) whether the information proposed for collection is of use
to entities other than the Commission, and if so, to whom, and
specifically for what purpose/s; (3) what specific adverse effect a
decision to not collect this information might have; ( 4) what effect
transferring the collection of this information to the Energy
Information Administration may have on users of this information; (5)
the accuracy of the agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (6) whether the collection of the information by
the Energy Information Administration in lieu of the Commission would
potentially affect users of the information and how it would affect
those users (7) ways to enhance the quality, utility and clarity of the
information to be collected; and (8) ways to minimize the burden of the
collection of information on those who are to respond, including the
use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology e.g. permitting electronic submission of responses.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-15641 Filed 9-21-06; 8:45 am]

BILLING CODE 6717-01-P


MEMORANDUM TO: 3848.241 file FROM: Craig Simons, DPRA DATE: November 1, 1999 SUBJ: Record of communication with Sun Glo Plating (Don). (727 546 8974)

I called to ask about the minimum charge assumptions they experienced in handling F006– talking first with Andrew Pozin, who put me in touch with their environmental manager (Don). According to the 1995 BRS they generate about 15 tons per year of F006. While they used to recycle they do not do so currently– it is just not economical (hence they landfill the material).

Back when they did recycle they paid a minimum fee– he said that our assumption of $1,350 would be about what they were paying. But basically they have quit because it is not economical. He felt that a change in the allowed accumulation time to 180/ 270 days would make the recycling more economical, making it much more practical to recycle. He noted the 90 day rule was very restricting to them.

He did note that there were not any recyclers in Florida, which further hampered the ability to recycle economically, though a relaxation of the 90 waste accumulation time would be helpful.


[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55915-55919]
[FR Doc No: 2020-19943]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89763; File No. SR-MEMX-2020-05]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend the
Corporate Documents of the Exchange's Parent Company

September 3, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 28, 2020, MEMX LLC (``MEMX'' or the ``Exchange'') filed
with the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I, and II below, which Items
have been prepared by the Exchange. The Exchange filed the proposal as
a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 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 with the Commission a proposed rule change
to proposed rule change to amend the Fourth Amended and Restated
Limited Liability Company Agreement (the ``Holdco LLC Agreement'') of
MEMX Holdings LLC (``Holdco''), as further discussed below. Holdco is
the parent company of the Exchange and directly or indirectly owns all
of the limited liability company membership interests in the Exchange.
The text of the proposed rule change is provided in Exhibit 5.

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 Holdco LLC Agreement to: (i) Add
defined terms reflecting the admission of each of BLK SMI, LLC
(``BlackRock'') and Wells Fargo Central Pacific Holdings, Inc. (``Wells
Fargo'') as a Class A Member \5\ of Holdco (a ``Holdco Class A
Member''), amend the definitions of ``Excluded Class A Member'' \6\ and
``Bank Class A Member'' \7\ to include reference to Wells Fargo and
make other related conforming changes throughout the Holdco LLC
Agreement; (ii) provide that the board of directors of Holdco (the
``Holdco Board'') shall establish and designate a market structure
committee of the Holdco Board (the ``Holdco Market Structure
Committee'') and that a representative of BlackRock shall be a member
of such Committee and the chairperson of such Committee if BlackRock so
requests; (iii) update the compositional requirements of the Industry
Advisory Board \8\ of Holdco (the ``Holdco Industry Advisory Board'')
to reflect that BlackRock has been admitted as a Holdco Class A Member,
and as such would be entitled to appoint a representative to the Holdco
Industry Advisory Board, and to make other clarifying changes to such
requirements and related provisions; (iv) specify the compositional
requirements of any Holdco Subsidiary Industry Advisory Board (as
defined below); and (v) clarify that Members of Holdco which do not
operate (or have an Affiliate \9\ that operates) a U.S.-registered
broker-dealer that executes transactions directly on U.S. exchanges are
not required to cause any such Member of Holdco (or its Affiliates, as
applicable) to use good faith efforts to connect to the Exchange, and
specifically provide that such requirement also does not apply to
BlackRock and its Affiliates.
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    \5\ The term ``Class A Member'' refers to a Member of Holdco
holding Class A-1 Units or Class A-2 Units of Holdco. See Section
1.1 of the Holdco LLC Agreement. The term ``Member'' refers to a
person admitted as a member of Holdco.
    \6\ Presently, the term ``Excluded Class A Member'' refers to
UBS Americas Inc. See Section 1.1 of the Holdco LLC Agreement.
    \7\ The term ``Bank Class A Member'' refers to each of Banc of
America Strategic Investments Corporation, Strategic Investments I,
Inc., UBS Americas Inc., JPMC Strategic Investments I Corporation,
Goldman Sachs PSI Global Holdings, LLC, and any other Member of
Holdco that is specifically designated as a Bank Class A Member
(which would include Wells Fargo pursuant to the proposed amendments
described herein), in each case, together with each of their
respective Affiliates. See Section 1.1 of the Holdco LLC Agreement.
    \8\ The term ``Industry Advisory Board'' refers to an advisory
board of Holdco with industry representation. See Section 8.19(a) of
the Holdco LLC Agreement.
    \9\ The term ``Affiliate'' refers to, with respect to any
person, any other person who, directly or indirectly (including
through one or more intermediaries), controls, is controlled by, or
is under common control with, such person. See Section 1.1 of the
Holdco LLC Agreement.
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Add ``BlackRock'' and ``Wells Fargo'' as Defined Terms
    On April 7, 2020, Wells Fargo purchased Class A Units of Holdco and
was admitted as a Holdco Class A Member, as previously approved by the
Holdco Board. On May 11, 2020, BlackRock purchased Class A Units of
Holdco and was admitted as a Holdco Class A Member, as previously
approved by the Holdco Board.
    The Exchange now proposes to add ``BlackRock'' and ``Wells Fargo''
as defined terms in the Holdco LLC Agreement to reflect that each of
BlackRock and Wells Fargo has been admitted as a Holdco Class A Member.
The proposed definitions of BlackRock and Wells Fargo are consistent
with the definitions of other Holdco Class A Members with similar
rights and preferences as BlackRock and Wells Fargo, respectively.
Related to the addition of Wells Fargo as a defined term in the Holdco
LLC Agreement, the Exchange also proposes to amend the definition of
the term ``Excluded Class A Member'' to include reference to Wells
Fargo (in addition to UBS Americas Inc.), as Wells Fargo was granted
the same rights under the Holdco LLC Agreement as UBS Americas Inc. by
the Holdco Board, and to make related conforming changes throughout the
Holdco LLC Agreement

to reflect that there would be two Excluded Class A Members instead of
one as presently drafted (such as changing references to ``the Excluded
Class A Member'' to ``each Excluded Class A Member''). The Exchange
also proposes to amend the definition of ``Bank Class A Member'' to
include reference to Wells Fargo as a designated Bank Class A Member.
Presently, the designation of Wells Fargo as a Bank Class A Member
under the Holdco LLC Agreement does not impact the governance of Holdco
or any Holdco Subsidiary, or have any other effect, but is consistent
with Holdco's approach of including an Excluded Class A Member that is
a bank within this definition. The designation as a Bank Class A Member
would only have an effect to the extent Wells Fargo becomes a
Nominating Class A Member \10\ with the right to appoint a director of
Holdco at some point in the future. The Exchange believes these are
non-substantive changes to update the corporate documents of Holdco to
reflect the recent admission of two new Holdco Class A Members and to
harmonize other defined terms used in the Holdco LLC Agreement.
---------------------------------------------------------------------------

    \10\ The term ``Nominating Class A Member'' refers to a Class A
Member of Holdco which has the right to nominate a director to the
Holdco Board. See Section 8.3(b) of the Holdco LLC Agreement.
---------------------------------------------------------------------------

Holdco Market Structure Committee
    Section 8.9 of the Holdco LLC Agreement presently provides that the
Holdco Board may designate one or more committees, which shall be
comprised of one or more directors and alternate directors of the
Holdco Board, and that such committees shall have the authority to make
recommendations to the Holdco Board in an advisory role only and shall
not have the authority to act for or on behalf of, or to bind, Holdco
or any of its subsidiaries (including the Exchange) (each, a ``Holdco
Subsidiary'' and, collectively, the ``Holdco Subsidiaries'').
    Pursuant to Section 8.9, on May 5, 2020, the Holdco Board
established and designated the Holdco Market Structure Committee as a
committee of the Holdco Board and approved a charter directing the
Holdco Market Structure Committee to consider and present to the Holdco
Board non-binding recommendations regarding matters relating to market
structure applicable to Holdco and the Holdco Subsidiaries, which
matters may include, but are not limited to, regulatory proposals,
infrastructure and resiliency initiatives, transparency initiatives,
market and commercial trends and market data issues, as the Holdco
Board considers such market structure matters in the course of its
duties. The charter of the Holdco Market Structure Committee and the
resolutions of the Holdco Board related to the designation of the
Holdco Market Structure Committee provide that, so long as BlackRock
remains a Nominating Class A Member of Holdco (a ``Holdco Nominating
Class A Member''), BlackRock shall have the right, but not the
obligation, to designate one of its representatives to serve on the
Holdco Market Structure Committee at all times and that, if BlackRock
so requests, a representative of BlackRock shall be the chairperson of
the Holdco Market Structure Committee.
    The Exchange now proposes to amend Section 8.9 to, without deleting
or modifying any existing text, add a provision requiring the Holdco
Board to establish the Holdco Market Structure Committee and providing
for the foregoing rights of BlackRock related to its representation on
the Holdco Market Structure Committee, as previously approved by the
Holdco Board. As amended by the proposed change, Section 8.9 would
continue to permit the Holdco Board to designate representation on the
Holdco Market Structure Committee from among the Holdco Nominating
Class A Members by appointing directors and alternate directors on the
Holdco Board to such Committee and would additionally provide for the
specific rights of BlackRock to appoint a representative to serve on
such Committee and for such representative to serve as the chairperson
of such Committee, in each case if BlackRock so requests. While these
specific rights apply only to BlackRock, as noted above, the other
Holdco Nominating Class A Members will have representation on the
Holdco Market Structure Committee as designated by the Holdco Board,
which has generally agreed that each Holdco Nominating Class A Member
shall have the right to appoint a representative to serve on such
Committee if such Holdco Nominating Class A Member so requests. Thus,
each Holdco Nominating Class A Members is presently entitled to have
representation on the Market Structure Committee and, as noted above,
the Market Structure Committee only considers matters in a non-binding
capacity and it is the Holdco Board, with representation from all
Holdco Nominating Class A Members as provided under the Holdco LLC
Agreement, that must ultimately take action with respect to such
matters. Moreover, each Member of Holdco and the Holdco Board has been
advised of BlackRock's specific rights with respect to representation
on the Holdco Market Structure Committee, and such rights were approved
by the Holdco Board on May 5, 2020, without any objection raised by any
Member of Holdco or the Holdco Board. Accordingly, the proposed change
would update the corporate documents of Holdco to implement a
requirement which was already permitted under the Holdco LLC Agreement
and which the Holdco Board has already agreed to and satisfied by
action taken on May 5, 2020. The Exchange and the Holdco Board each
believes that amending the Holdco LLC Agreement to include a
requirement that the Holdco Market Structure Committee be established
would ensure that the Holdco Market Structure Committee remains in
place and further believes that having the Holdco Market Structure
Committee in place (specifically with BlackRock's representation,
including as chairperson, if BlackRock so desires) would meaningfully
aid the Holdco Board in considering market structure-related matters
and would ultimately help Holdco and the Exchange to promote a fair,
transparent and efficient experience for all investors.
Holdco Industry Advisory Board
    Section 8.19 of the Holdco LLC Agreement, which contains provisions
relating to the creation and functioning of the Holdco Industry
Advisory Board, provides that, if established, the Holdco Industry
Advisory Board will provide advice and guidance to the Holdco Board and
the management of Holdco and the Exchange relating to, among other
things, technical and operational matters relating to the Exchange, but
it will not be a committee of the Holdco Board. Section 8.19(a)
contains provisions that specify the compositional requirements of the
Holdco Industry Advisory Board and presently provides that ``Promptly
after the Effective Date,'' \11\ the Holdco Board may, upon a
determination to do so by Supermajority Board Vote,\12\ establish the
Holdco Industry Advisory Board.
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    \11\ The term ``Effective Date'' refers to the effective date of
the Holdco LLC Agreement, which is February 19, 2020.
    \12\ The term ``Supermajority Board Vote'' means the affirmative
vote of at least seventy-seven percent (77%) of the votes of all
directors of Holdco then entitled to vote on the matter under
consideration and who have not recused themselves, whether or not
present at the applicable meeting of the Holdco Board; provided that
if such affirmative vote threshold results in the necessity of the
affirmative vote of all such directors of Holdco with respect to
such matter, an affirmative vote of all but one of such directors of
Holdco shall be required instead with respect to such matter. See
Section 1.1 of the Holdco LLC Agreement.

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

    The Exchange now proposes to amend Section 8.19(a) of the Holdco
LLC Agreement to (i) update the compositional requirements of the
Holdco Industry Advisory Board to reflect that BlackRock has been
admitted as a Holdco Class A Member, and as such would be entitled to
appoint a representative to the Holdco Industry Advisory Board if it so
desires, and to make other clarifying changes relating to certain terms
currently used in that section, and (ii) delete the phrase ``Promptly
after the Effective Date,'' as such phrase is inapplicable and
confusing in the context given the elective nature of the Holdco
Board's ability to establish the Holdco Industry Advisory Board.
    Section 8.19(a) presently provides, among other things, that the
Holdco Industry Advisory Board shall be comprised of: (i) One
representative of (a) each Market Maker Class A Member \13\ which is a
Holdco Nominating Class A Member, (b) each Retail Broker Class A Member
\14\ which is a Holdco Nominating Class A Member, (c) each Bank Class A
Member which is a Holdco Nominating Class A Member, and (d) the
Excluded Class A Member so long as it is entitled to appoint an
observer to the Holdco Board (a ``Holdco Board Observer''), and (ii)
such members of the Exchange as determined by the Holdco Board. The
proposed amendment would eliminate the references in this section to
certain specific categories of Holdco Class A Members, namely, Market
Maker Class A Member, Retail Broker Class A Member, and Bank Class A
Member and would replace such references with a single reference to
Holdco Nominating Class A Members, as all of the Holdco Class A Members
that make up such categories, together with BlackRock, now comprise all
of the Holdco Nominating Class A Members.
---------------------------------------------------------------------------

    \13\ The term ``Market Maker Class A Member'' refers to each of
Citadel Securities Principal Investments LLC, Virtu Getco
Investments, LLC, Jane Street Group, LLC, and any other Member of
Holdco that is specifically designated as a Market Maker Class A
Member (of which there are none as of the date of this filing), in
each case, together with each of their respective Affiliates. See
Section 1.1 of the Holdco LLC Agreement. On May 12, 2020, Virtu
Getco Investments, LLC changed its name to Virtu Investments LLC.
    \14\ The term ``Retail Broker Class A Member'' refers to each of
E*TRADE Financial Corporation, Devonshire Investors (Delaware) LLC,
The Charles Schwab Corporation, Datek Online Management Corp., and
any other Member of Holdco that is specifically designated as a
Retail Broker Class A Member (of which there are none as of the date
of this filing) and which, or an Affiliate of which, is a broker-
dealer registered with the Financial Industry Regulatory Authority,
Inc. which provides services to retail customers, in each case,
together with each of their respective Affiliates. See Section 1.1
of the Holdco LLC Agreement.
---------------------------------------------------------------------------

    The effect of the proposed change is to eliminate unnecessary
references to specific categories of Holdco Class A Members and replace
such references with a single reference to Holdco Nominating Class A
Members, which now includes BlackRock in addition to the Holdco Class A
Members that comprise the categories of Holdco Class A Members
presently referenced, and to provide that for so long as each Holdco
Nominating Class A Member remains a Holdco Nominating Class A Member or
is entitled to appoint a Holdco Board Observer pursuant to the terms of
the Holdco LLC Agreement, each such Holdco Nominating Class A Member is
entitled to appoint a representative to the Holdco Industry Advisory
Board if it so desires. The proposed change would also update the
reference to ``the Excluded Class A Member'' in this section to ``each
Excluded Class A Member'' to reflect Wells Fargo's inclusion in that
defined term, but it would not in any way affect any Excluded Class A
Member's right to appoint a representative to the Holdco Industry
Advisory Board, which are in addition to the rights of each Holdco
Nominating Class A Member to appoint a representative to the Holdco
Industry Advisory Board. In short, the proposed amendment would add
BlackRock to the group of Holdco Class A Members that, together with
the Excluded Class A Members, each have the right to appoint a
representative to the Holdco Industry Advisory Board and would simplify
the language used to reflect this.
    The Exchange also proposes to amend Section 8.19(a) to delete the
phrase ``Promptly after the Effective Date,'' with respect to the
Holdco Board's ability to establish the Holdco Industry Advisory Board.
The ability granted to the Holdco Board by Section 8.19(a) to establish
the Holdco Industry Advisory Board is elective in nature, as the
existing language provides that Holdco Board may establish the Holdco
Industry Advisory Board, and as such was not intended by the Members of
Holdco to be required to be exercised at any specific time (or at all).
Instead, the language was intended to, and does in effect, provide that
this ability may only be exercised if and when the Holdco Board
determines to do so by Supermajority Board Vote. The phrase ``Promptly
after the Effective Date,'' is therefore inapplicable and may cause
confusion in this context as it could be read to imply an unintended
and undefined durational requirement with respect to the Holdco Board's
ability and discretion to establish the Holdco Industry Advisory Board.
Accordingly, deleting this phrase would clarify the provision to more
accurately reflect the intent of the Members of Holdco for the Holdco
Board to have the ability to establish the Holdco Industry Advisory
Board at such time as determined by Supermajority Board Vote (or not at
all) rather than within any specific amount of time following the
Effective Date. The Holdco Industry Advisory Board has not been
established as of the date of this filing.
Holdco Subsidiary Industry Advisory Boards
    The Exchange proposes to amend Section 8.19 of the Holdco LLC
Agreement to add a new clause (c) to specify the compositional
requirements of any Holdco Subsidiary Industry Advisory Board.
Specifically, the proposed new Section 8.19(c) provides that, with
respect to any committee or advisory board of any Holdco Subsidiary
which has functions similar to the contemplated functions of the Holdco
Industry Advisory Board (any such committee or advisory board, a
``Holdco Subsidiary Industry Advisory Board''), (a) each Holdco Class A
Member which is a Holdco Nominating Class A Member, for so long as it
remains a Holdco Nominating Class A Member or is entitled to appoint a
Holdco Board Observer pursuant to the terms of the Holdco LLC
Agreement, and (b) each Excluded Class A Member, for so long as it is
entitled to appoint a Holdco Board Observer pursuant to the terms of
the Holdco LLC Agreement, would have the right, but not the obligation,
to appoint a representative to such Holdco Subsidiary Industry Advisory
Board.
    The Exchange believes that the proposed compositional requirements
relating to any Holdco Subsidiary Industry Advisory Board are
consistent with the proposed updated compositional requirements
relating to the Holdco Industry Advisory Board, and as such would
provide for a uniform approach by Holdco and the Holdco Subsidiaries to
considering matters within the scope of such industry advisory boards.
No Holdco Subsidiary Industry Advisory Board has been established as of
the date of this filing.
Connection to the Exchange by Certain Members
    Section 11.8 of the Holdco LLC Agreement presently provides that
each Member of Holdco shall use (or shall ensure that any of its
Affiliates that it determines are to be members of the Exchange use)
good faith efforts to take

such actions as are necessary to enable such Member (or its Affiliates,
as applicable) to connect to the Exchange prior to the operational date
of the Exchange in a manner that would permit such Member (or its
Affiliates, as applicable) to use the Exchange in a fair, equitable and
non-discriminatory manner.
    The Exchange now proposes to amend Section 11.8 to clarify that
Members of Holdco which do not operate (or have an Affiliate that
operates) a U.S.-registered broker-dealer that executes transactions
directly on U.S. exchanges are not required to use (or cause its
Affiliates, as applicable, to use) good faith efforts to connect to the
Exchange, as connection to the Exchange by such persons may not be
permissible under Exchange Rule 2.3, which requires, among other
things, that each member of the Exchange be a registered broker or
dealer. The Exchange believes that the proposed amendment clarifies the
existing language in Section 11.8, which could be read to require
Members of Holdco (or their Affiliates, as applicable) that are not
registered as a broker or dealer to use good faith efforts to connect
to the Exchange in a manner inconsistent with Exchange Rule 2.3, to
more accurately reflect the intent of the Members of Holdco to require
only those Members of Holdco (or their Affiliates, as applicable) which
operate a U.S.-registered broker-dealer that executes transactions
directly on U.S. exchanges to use good faith efforts to connect to the
Exchange in a manner consistent with the Exchange's rules and the Act.
    BlackRock is an asset manager, and its business model does not
involve acting as a broker-dealer on behalf of third parties on U.S.
exchanges. For clarity's sake, BlackRock does have Affiliates that are
U.S.-registered broker-dealers but these Affiliates do not execute
transactions directly on U.S. exchanges, so out of an abundance of
caution, the Exchange also proposes to further amend Section 11.8 to
specifically provide that the requirement to connect to the Exchange
shall not apply to BlackRock and its Affiliates. If BlackRock were to
alter its business model so that it or any broker-dealer Affiliate did
execute transactions directly on a U.S. exchange and, specifically,
were to connect to the Exchange, the Exchange would require such
connection to be conducted in a manner that would permit such person to
use the Exchange in a fair, equitable and non-discriminatory manner
consistent with the existing requirements of Section 11.8.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\15\ in general, and furthers the objectives of
Section 6(b)(1),\16\ in particular, in that it enables the Exchange to
be so organized as to have the capacity to be able to carry out the
purposes of the Act and to comply, and to enforce compliance by its
members, with the provisions of the Act, the rules and regulations
thereunder, and the rules of the Exchange. The Exchange also believes
that the proposed rule change is consistent with Section 6(b)(5) of the
Act,\17\ which requires the rules of an exchange to be designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(1).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed amendments to the Holdco LLC
Agreement to add ``BlackRock'' and ``Wells Fargo'' as defined terms and
make related conforming changes to certain definitions and other
provisions, to update and clarify the compositional requirements of,
and remove inapplicable and confusing language relating to, the Holdco
Industry Advisory Board, and to add a provision requiring the Holdco
Board to establish the Holdco Market Structure Committee and providing
for certain rights of BlackRock relating to its representation on such
Committee would update and clarify the relevant provisions of the
Holdco LLC Agreement in a manner consistent with actions already taken
by the Holdco Board as currently permitted by the Holdco LLC Agreement,
and as such would enable the Exchange to be so organized as to have the
capacity to carry out the purposes of the Act, remove impediments to
and perfect the mechanism of a free and open market, and protect
investors and the public interest.
    The Exchange believes the proposed amendment to the Holdco LLC
Agreement to specify compositional requirements for any Holdco
Subsidiary Industry Advisory Board consistent with the proposed updated
compositional requirements relating to the Holdco Industry Advisory
Board would establish a uniform approach by Holdco and the Holdco
Subsidiaries to the consideration of matters within the scope of such
industry advisory boards, which include technical and operational
matters relating to the Exchange, and as such would promote the
maintenance of a fair and orderly market and the protection of
investors and the public interest.
    The Exchange believes the proposed amendment to the Holdco LLC
Agreement to not require Members of Holdco (or their Affiliates, as
applicable) which do not operate a U.S.-registered broker-dealer that
executes transactions directly on U.S. exchanges, including BlackRock
and its Affiliates, to connect to the Exchange would add clarity to the
Holdco LLC Agreement in a manner that would enable the Exchange to
comply, and enforce compliance by its members, with the provisions of
the Act and the rules of the Exchange, which require each member of the
Exchange to be a registered broker or dealer (or person associated with
a registered broker or dealer), and as a result would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
enable the Exchange to be so organized as to have the capacity to carry
out the purposes of the Act. The Exchange also believes that
specifically stating that BlackRock and its Affiliates are not required
to connect to the Exchange is consistent with the Act and the rules of
the Exchange for the reasons set forth above and to avoid potential
confusion because BlackRock does have Affiliates that are U.S.-
registered broker-dealers but that do not execute transactions directly
on U.S. exchanges.

B. Self-Regulatory Organization's Statement on Burden on Competition

    Because the proposed rule change relates to: (i) The compositional
requirements of certain non-binding advisory committees and boards of
the Exchange and its parent company and (ii) clarifying and other non-
substantive changes to the corporate documents of the Exchange's parent
company, and not the operations of the Exchange, the Exchange does not
believe that the proposed rule change will impose any burden on
competition 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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \20\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \21\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change does not raise any new issues with
respect to the Exchange and is concerned solely with updating the
corporate documents of the Exchange's parent company to reflect and
accommodate the addition of new investors. Therefore, the Commission
hereby waives the operative delay and designates the proposal as
operative upon filing.\22\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 under
Section 19(b)(2)(B) \23\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-MEMX-2020-05 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-MEMX-2020-05. 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-MEMX-2020-05 and should be submitted on
or before October 1, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-19943 Filed 9-9-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3742-3743]
[FR Doc No: 2020-00976]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28340]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
provides the public notice that on October 24, 2019, Union Pacific
Railroad Company (UP) petitioned the Federal Railroad Administration
(FRA) to renew a waiver of compliance from certain provisions of the
Federal railroad safety regulations contained at 49 CFR 232.205, Class
I brake test--initial terminal inspection, and part 215, Railroad
Freight Car Safety Standards. FRA assigned the petition Docket Number
FRA-2007-28340.
    By letter dated April 24, 2015, UP received conditional relief from
these Federal railroad safety regulations for freight cars received in
interchange at the U.S./Mexico border crossing in Brownsville, Texas,
to permit required inspections to be conducted in Olmito,

Texas, 5.65 miles north of West Rail International Bridge, located west
of Brownsville, Texas. The original justification for the relief, as
stated by UP, was to reduce train delays and congestion within the city
of Brownsville, Texas. By letter dated February 7, 2018, UP received a
modified waiver to incorporate unified conditions with its recently
renewed waivers for its Mexican interchanges at Laredo and Eagle Pass,
Texas, and Nogales, Arizona.
    In support of its present petition to extend its relief, UP states
it has been operating under the requirements set forth in this waiver
since the grant date and have found no adverse effect on operational
safety.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by February 21, 2020 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its processes. 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. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-00976 Filed 1-21-20; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: December 29, 2008 (Volume 73, Number 249)]
[Notices]
[Page 79496]
[DOCID:fr29de08-77]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-1229]

Chemical Transportation Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Notice seeking public comments on MARPOL Reception Facilities.

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SUMMARY: The Chemical Transportation Advisory Committee (CTAC), through
its Working Group on the International Convention for the Prevention of
Pollution from Ships (MARPOL) Annex, has been tasked with providing
comment and recommendations to the U.S. Coast Guard for optimizing
domestic MARPOL port reception facilities. CTAC is a committee formed
under the authority of the Federal Advisory Committee Act (FACA), 5
U.S.C. App. (Pub. L. 92-463). To assist and complement CTAC's efforts,
the Coast Guard is hereby seeking comments from the public on MARPOL
reception facilities in the U.S. The Coast Guard is specifically
interested in identifying all issues that negatively impact MARPOL
implementing regulations for port reception facilities; and
recommendations to address those issues.
    CTAC Tasking: The original Task Statement that was provided to CTAC
at the April 24, 2008 meeting in Washington, DC, included the
following:
    1. Provide comments and recommendations as necessary on: (To be
completed by the Spring of 2009)
     Impact, if any, on MARPOL compliance caused by a variance
in disposal costs;
     Impact, if any, on MARPOL compliance caused by vessels
having to shift berths to complete transfers;
     Plan to document MARPOL reception facility services
required and received through an advanced notice of arrival and
departure report;
     Disposal of residues at other than those facilities
receiving the cargo related to those residues. Vessels currently have
limited information on availability of Annex I and Annex II facilities
at subsequent ports of call;
     Level of consistency in disposal procedures in fulfillment
of federal, state and local MARPOL waste disposal requirements as well
as operational variances among facilities. For example, in fulfillment
of state requirements, some facilities may request pre-identification
of constituents in Annex I as well as Annex II residues. Additionally,
facilities themselves have differing disposal procedures; and,
     Feasibility of simultaneous MARPOL and cargo transfers at
every facility. According to vessel operators, some facilities prohibit
simultaneous discharge of MARPOL residues and cargo transfers thereby
causing delays.
    2. Provide a final report in items listed above, a recommended way-
ahead to implement any recommendations (e.g., proposed changes to
MARPOL and/or domestic regulations) and the corresponding implementing
language. (To be completed by the fall of 2009)
    Seeking Public Comment: Possible areas of concern for stakeholders
may include:
     Conflicts with other regulations;
     Disposal cost issues at ports/terminals;
     Requirement for lab analysis of Annex I or II wastes;
     Segregation of Annex V wastes; and
     Additional burden, if any, of adopting standardized
Advance Notice Forms (ANF) and/or Waste Delivery Receipt (WDR) forms
adopted by the International Maritime Organization.
    Public comments that are received will assist and complement CTAC's
efforts. CTAC's MARPOL Annex working group is scheduled to meet in
February 2009. Comments must be received by January 31, 2009 in order
to be considered.

ADDRESSES: The public may address comments via USPS, e-mail or FAX, to
Mr. James Prazak, CTAC Chairman, C/O The Dow Chemical Company, 2301 N.
Brazosport Blvd., B-122, Freeport, TX 77541-3257. FAX<PHONE_NUMBER>,
E-mail<EMAIL_ADDRESS>The Coast Guard requests that copies of
comments be sent HQ, U.S. Coast Guard, CG-5442, ATTN: Commander Michael
Roldan, 2100 Second Street, SW., Washington, DC 20593-0001. Fax: 202-
372-1906, E-mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Commander Michael Roldan, telephone
202-372-1130, e-mail<EMAIL_ADDRESS>or David Condino, MARPOL
COA Project Manager, telephone<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice seeking public comment is given under
the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).
    Public Meeting: A separate Notice will be given regarding the next
CTAC meeting at which time the Coast Guard will seek to discuss such
public comments and the recommendations of CTAC. This will be a public
meeting and instructions will be provided for those wishing to make
oral presentations at the meeting and/or wishing to provide written
comments.

    Dated: December 19, 2008.
J. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. E8-30805 Filed 12-24-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Proposed Rules]
[Pages 55846-55847]
[FR Doc No: 2011-23156]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260 and 261

[EPA-HQ-RCRA-2010-0695; FRL-9461-8]
RIN 2050-AG60

Hazardous Waste Management System: Identification and Listing of
Hazardous Waste: Carbon Dioxide (CO2) Streams in Geologic Sequestration
Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Technical correction.

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SUMMARY: On August 8, 2011, the U.S. Environmental Protection Agency
(EPA or the Agency) published a proposed rule in the Federal Register
to revise the regulations for hazardous waste management under the
Resource Conservation and Recovery Act (RCRA) to conditionally exclude
carbon dioxide (CO2) streams that are hazardous from the
definition of hazardous waste, provided these hazardous CO2
streams meet certain conditions. This correction is necessary because
EPA published incorrect burden estimates in the Section VII.B. of the
preamble to the proposed rule. However, EPA notes that the correct
burden estimates were in the Information Collection Request (ICR)
document prepared by EPA, submitted for approval to the Office of
Management and Budget (OMB) under the Paperwork Reduction Act, and
placed into the docket for the August 8, 2011 proposed rule.

DATES: Under the Paperwork Reduction Act, comments on the information
collection provisions must be received by the Office of Management and
Budget (OMB) on or before October 11, 2011.

ADDRESSES: Send comments to OMB at the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington, DC 20503, Attention: Desk Officer for EPA. In
addition, send comments to EPA, identified by Docket ID No. EPA-HQ-
RCRA-2010-0695, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: RCRA Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include a total of two copies. In addition, please mail a copy
of your comments on the information collection provisions to the Office
of Information and Regulatory Affairs, Office of Management and Budget,
Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.
     Hand Delivery: Deliver two copies of your comments to EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2010-0695. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://

www.regulations.gov or in hard copy at the RCRA Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the RCRA
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lyn Luben, Office of Resource
Conservation and Recovery (5305P), Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:
703-308-0508; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    On August 8, 2011, the U.S. Environmental Protection Agency (EPA or
the Agency) published a proposed rule to revise the regulations for
hazardous waste management under the Resource Conservation and Recovery
Act (RCRA) to conditionally exclude carbon dioxide (CO2)
streams that are hazardous from the definition of hazardous waste,
provided these hazardous CO2 streams meet certain
conditions. 76 FR 48073. Today's correction notice is necessary because
EPA published incorrect burden estimates in the preamble to the
proposed rule. See Section VII.B. of the preamble (Paperwork Reduction
Act). 76 FR at 48090-91. EPA notes, however, that the correct burden
estimates were in the Information Collection Request (ICR) document
prepared by EPA, submitted for approval to the Office of Management and
Budget under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and
placed into the docket for the August 8, 2011 proposed rule (EPA-HQ-
RCRA-2010-0695). The ICR was assigned EPA ICR number 2421.01. The
statement in the preamble referenced above, which begins with ``EPA
estimates * * *'' in the first full paragraph of the first column on
page 48091, should read as follows:
    ``EPA estimates the total annual burden to respondents under the
new paperwork requirements to be 27 hours and $2,287. However, EPA also
estimates an annual burden savings under the existing RCRA subtitle C
paperwork requirements of 103 hours and $8,497. Thus, this would result
in a net annual savings of 76 hours and $6,210. The bottom-line burden
savings over three years is estimated to be 228 hours and $18,630.''
The remainder of this paragraph is unchanged.
    The public is invited to comment on this technical correction
notice and/or the supporting ICR document (EPA ICR number 2421.01). The
public docket for this rule (EPA-HQ-RCRA-2010-0695) includes the full
ICR document. Please submit any comments related to this technical
correction notice and/or the full ICR document to both EPA and OMB. EPA
is allowing for comments on this technical correction notice and/or the
supporting ICR document to be submitted up to 30 days after the
publication of this technical correction notice in the Federal Register
(see DATES section above), but is not changing the October 7, 2011
deadline for any non-ICR related comments on the August 8, 2011
proposed rule. The final rule will respond to any comments on the
information collection requirements contained in this technical
correction notice.

List of Subjects

40 CFR Part 260

    Environmental protection, Administrative practice and procedure,
Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 261

    Environmental protection, Hazardous waste, Solid waste, Recycling.

    Dated: September 2, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2011-23156 Filed 9-8-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 12, 2006 (Volume 71, Number 112)]
[Notices]
[Page 33731]
[DOCID:fr12jn06-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-382-000]

Colorado Interstate Gas Company; Notice of Proposed Changes in
FERC Gas Tariff

June 6, 2006.
    Take notice that on May 31, 2006, Colorado Interstate Gas Company
(CIG) tendered for filing as part of its FERC Gas Tariff, First Revised
Volume No 1, Forty-Second Revised Sheet No. 11A, to become effective
July 1, 2006.
    CIG states that copies of its filing have been sent to all firm
customers, interruptible customers, and affected state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9114 Filed 6-9-06; 8:45 am]

BILLING CODE 6717-01-P