[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Rules and Regulations]
[Pages 41592-41594]
[FR Doc No: 2022-14965]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0568]
RIN 1625-AA00

Safety Zone; Gulf Intracoastal Waterway, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for the navigable waters of the Gulf Intracoastal Water (GIWW) within
500 yards of the barge CBC MIAMI and barge JULIUS as they transport
oversized equipment from State Service, Ingleside, TX to the Corpus
Christi Ship Channel. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
transport of oversized equipment. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Corpus Christi or a designated representative.

DATES: This rule is effective without actual notice from July 13, 2022
through July 14, 2022. For the purposes of enforcement, actual notice
will be used from July 10, 2022, until July 13, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0568 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone immediately to protect

personnel, vessels, and the marine environment from potential hazards
created by barge CBC MIAMI and JULIUS as they transport oversized
equipment and lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the barge CBC MIAMI and barge JULIUS as they transport oversized
equipment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with barge CBC MIAMI and
barge JULIUS as they transport oversized equipment occurring from July
10, 2022 through July 14, 2022 will be a safety concern for anyone
within 500 yards of the rig transport in the GIWW from State Service,
Ingleside, TX to the Corpus Christi Ship Channel. The purpose of this
rule is to ensure safety of vessels and persons on these navigable
waters in the safety zone during the transport of the oversized
equipment.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone on July 10,
2022 through July 14, 2022. No vessel or person is permitted to enter
the temporary safety zone during the effective period without obtaining
permission from the COTP or a designated representative, who may be
contacted on Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-
0450. The Coast Guard will issue Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Safety Marine Information about the zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
duration, and location of the safety zones. This rule will impact a
small designated area of 500-yards around the moving vessels in the
GIWW as the vessels transits a 2 mile section of the channel. Moreover,
the rule allows vessels to seek permission to enter the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L 104-121), we want to assist small entities
in understanding this rule. If the rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human

environment. This rule involves establishment of a temporary moving
safety zone for navigable waters of the Corpus Christi Ship Channel
within 500 yards of the barge CBC MIAMI and barge JULIUS as they
transport oversized equipment to the sea buoy. It is categorically
excluded from further review under paragraph L60 (c) Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0568 to read as follows:

Sec.  165.T08-0568   Safety Zone; Gulf Intracoastal Waterway, Corpus
Christi, TX

    (a) Location. The following area is a temporary moving safety zone:
Navigable waters of the Gulf Intracoastal Waterway (GIWW) within 500
yards of the barge CBC MIAMI and barge JULIUS as they transports
oversized equipment. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a designated representative.
    (b) Effective period. This section is effective from July 10, 2022.
through July 14, 2022.
    (c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into the temporary safety zone described in
paragraph (a) of this section is prohibited unless authorized by the
COTP or a designated representative. They may be contacted on Channel
16 VHF-FM (156.8 MHz) or by telephone at<PHONE_NUMBER>.
    (2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: July 6, 2022.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-14965 Filed 7-12-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[
Notices]
[Page 1719]
[DOCID:fr16ja07-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF06-25-000; Docket No. PF06-26-000]

Jordan Cove Energy Project, L.P.; Pacific Connector Gas Pipeline,
L.P.; Notice of Informational Meetings for the Proposed Jordan Cove LNG
and Pacific Connector Gas Pipeline Projects

January 8, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) is issuing this notice to announce the time, dates, and
locations of a series of public informational meetings to discuss the
environmental review process for the liquefied natural gas (LNG) import
terminal proposed by Jordan Cove Energy Project, L.P. in Coos County,
Oregon, and the associated 223-mile-long 36-inch-diameter sendout
pipeline proposed by Pacific Connector Gas Pipeline, L.P. extending
from the LNG terminal, across Coos, Douglas, Jackson, and Klamath
Counties, to an interconnection with Pacific Gas and Electric Company
facilities near Malin, Oregon. Also participating in the meetings will
be staff from agencies that are cooperating with the FERC in the
production of an environmental impact statement for the projects,
including the U.S. Department of Agriculture Forest Service and the
U.S. Department of the Interior Bureau of Land Management.

    The meetings will all begin promptly at 6:30 p.m., (PST) (doors
will open at about 6 p.m. for sign-in), on the dates below at the
following locations:

Tuesday, January 23, 2007

    Umpqua Community College, Campus Center Dining Room/Timber Room,
1140 Umpqua College Rd., Roseburg, OR 97470.<PHONE_NUMBER>.

Wednesday, January 24, 2007

    North Bend Community Center, 2222 Broadway St., North Bend, OR
97459.<PHONE_NUMBER>.

Thursday, January 25, 2007

    Red Lion Inn, 200 N. Riverside Ave., Medford, OR 97501. 541-779-
5811.
    These events are posted on the Commission's calendar located at
http://www.ferc.gov/EventCalendar/EventsList.aspx along with other

related information. For additional information, please contact the
Commission's Office of External Affairs at<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-437 Filed 1-12-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Notices]
[Pages 21829-21831]
[FR Doc No: 2014-08684]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71931; File No. SR-NASDAQ-2014-032]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt Rule 4120(c)(8) With Respect to Initial Pricing of Certain
Securities Not Subject to an Initial Public Offering

April 11, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on April 7, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' 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 prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to adopt Rule 4120(c)(8). Such rule will
allow, under certain circumstances, the process for halting and initial
pricing of a security that is the subject of an initial public offering
to be used for the initial pricing of other securities that have not
been listed on a national securities exchange or traded on the over-
the-counter market pursuant to FINRA Form 211 immediately prior to the
initial pricing. NASDAQ proposes to implement the change immediately.
    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *
4120. Limit Up-Limit Down Plan and Trading Halts
    (a)-(b) No change.
    (c) Procedure for Initiating and Terminating a Trading Halt
    (1)-(7) No change.
    (8) For purposes of this Rule and Rule 4753, the process for
halting and initial pricing of a security that is the subject of an
initial public offering shall also be available for the initial pricing
of any other security that has not been listed on a national securities
exchange or traded in the over-the-counter market pursuant to FINRA
Form 211 immediately prior to the initial pricing, provided that a
broker-dealer serving in the role of financial advisor to the issuer of
the securities being listed is willing to perform the functions under
Rule 4120(c)(7)(B) that are performed by an underwriter with respect to
an initial public offering.
* * * * *

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 Rule 4120 to add a new Rule
4120(c)(8) to modify the process by which trading commences in the
securities of certain companies listing on NASDAQ that are not
conducting an initial public offering of securities (``IPO'') at the
time of listing on NASDAQ. Under the proposed amendment, securities of
companies that have not previously been listed on a national securities
exchange or traded in the over the counter market immediately prior to
listing on NASDAQ could also be launched for trading using the same
crossing mechanism currently available for IPOs.
    Securities of companies listing on NASDAQ in an IPO are released
for trading in the IPO Halt Cross process outlined in Rule
4120(c)(7)(B) and (C)

and Rule 4753. The IPO Halt Cross is designed to facilitate an orderly
start to trading in an unseasoned security by providing additional time
for quoting activity prior to launch (at least 15 minutes) and allowing
significant underwriter involvement in determining when to launch
trading. The IPO is released when the following two conditions are
simultaneously met:
     Nasdaq receives notice from the underwriter of the IPO
that the security is ready to trade, and
     There is no order imbalance in the security (as defined in
the rule).

In administering the IPO cross process since 2006, NASDAQ has found
that underwriters possess valuable information about the pending IPO
given their unique position in the market, including the status of IPO
orders on the underwriter's book. We believe the process has worked
successfully in providing a stable environment at the time trading
commences.
    By contrast, the securities of companies that list on NASDAQ that
are not conducting IPOs are launched using a different crossing
mechanism. These securities are released using the same Halt Cross used
whenever securities are halted on NASDAQ for any reason. This process,
outlined in Rule 4120(c)(7)(A), has a shorter quoting period (five
minutes) and provides no ability to extend the quoting period in the
event trading interest or volatility in the market appears likely to
have a material impact the security, unless there is an order imbalance
as defined in the rule. While this process has worked reasonably well
for most issuers listing on NASDAQ for the first time, there have been
situations where unseasoned issues have been subject to significant
price fluctuation due to limited market interest, confusion about
certain aspects of the security or other unforeseen circumstances.
    NASDAQ believes that it is important to extend the safeguards
contained in the IPO Halt Cross to unseasoned issuers that have not
previously been listed on a national securities exchange or traded in
the over-the-counter market pursuant to FINRA Form 211 immediately
prior to trading on NASDAQ.\3\ As proposed in Rule 4120(c)(8), these
securities would become eligible for the IPO Halt Cross. In situations
where the issuer is not conducting an offering of securities at the
time of listing, NASDAQ proposes that a broker-dealer serving in the
role of financial advisor to the issuer would, if willing, serve in the
same capacity under the rule as the underwriter for purposes of IPOs.
NASDAQ believes such an advisor, with market knowledge of the book and
an understanding of the company and its security, would be well placed
to provide advice on when the security should be released for trading.
Other issuers coming to NASDAQ that did not meet the terms of Rule
4120(c)(8) would continue to commence trading under Rule 4120(c)(7)(A).
NASDAQ believes that these seasoned issuers, which previously traded on
other national securities exchange or in the over-the-counter market,
do not present the same concerns as the unseasoned issuers covered by
the proposal.
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    \3\ FINRA Form 211 is used by a member firm to request the
exemption afforded by Rule 15c2-11 to trade a security on the over-
the-counter markets.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and with
Section 6(b)(5) of the Act,\5\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
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 proposed
rule change promotes this goal by providing a mechanism to promote the
orderly opening of trading in a security that is not the subject of an
IPO, but that has not been listed on a national securities exchange or
traded in the over-the-counter market pursuant to FINRA Form 211
immediately prior to the initiation of trading on NASDAQ. NASDAQ
believes that its IPO Cross is well suited for use in such
circumstances, provided a broker-dealer that is serving in the capacity
of financial advisor to the issuer is willing to perform the functions
under Rule 4120(c)(7)(B) with respect to the timing of the initiation
of trading that are normally performed by the underwriter. NASDAQ
believes that the rule change will promote fair and orderly markets by
helping to protect against volatility in the pricing and initial
trading of the unseasoned securities covered by the proposed rule
change.
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    \4\ 15 U.S.C. 78f.
    \5\ 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 will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, NASDAQ believes that the change is not relevant to
competition, but rather is designed to promote fair and orderly
markets. The change does not impact the ability of any market
participant or trading venue to compete.

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

    Written comments were neither solicited nor received.

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

    Because the 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 if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange believes that waiver of the operative delay will
immediately promote orderly trading and reduce potential volatility in
an initial trading. For these reasons, the Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest. Therefore, the Commission
designates the proposed rule change to be operative upon filing.\8\
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    \8\ For purposes only of waiving the 30-day operative delay, the
Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may

temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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-NASDAQ-2014-032 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-NASDAQ-2014-032. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2014-032, and should
be submitted on or before May 8, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-08684 Filed 4-16-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69697-69699]
[FR Doc No: 2021-26529]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93710 File No. SR-MEMX-2021-17]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Make Juneteenth
National Independence Day a Holiday of the Exchange

December 2, 2021.
    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 November 22, 2021, 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 self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to amend
Exchange Rule 11.1 (Hours of Trading and Trading Days) to make
Juneteenth National Independence Day a holiday of the Exchange.
Juneteenth National Independence Day was designated a legal public
holiday in June 2021. 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 paragraph (b) of Exchange Rule 11.1
(Hours of Trading and Trading Days) to make Juneteenth National
Independence Day a holiday of the Exchange. This rule filing is based
on a proposal recently submitted by the New York Stock Exchange LLC
(``NYSE'') and its affiliated exchanges.\3\ On June 17, 2021,
Juneteenth National Independence Day was designated a legal public
holiday.\4\ Consistent with industry sentiment,\5\ the approach
recommended by the Securities Industry and Financial

Markets Association (``SIFMA''),\6\ and MEMX's own determination that
MEMX's rules should recognize this important date in American history,
the Exchange proposes to add ``Juneteenth National Independence Day''
to the existing list of holidays in paragraph (b) of MEMX Rule 11.1. As
a result, the Exchange will not be open for the transaction of business
on Juneteenth National Independence Day, which falls on June 19 of each
year. In accordance with paragraph (b) of MEMX Rule 11.1, when any
holiday observed by the Exchange falls on a Saturday, the Exchange will
not be open for business on the preceding Friday, and when it falls on
a Sunday, the Exchange will not be open for business on the following
Monday, unless otherwise indicated by the Exchange.\7\
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    \3\ See Securities Exchange Act Release No. 93183 (September 30,
2021), 86 FR 55068 (October 5, 2021) (SR-NYSE-2021-56) (amending
NYSE Rule 7.2 to include Juneteenth as an exchange holiday).
    \4\ Public Law 117-17.
    \5\ See, e.g., Bank of America Makes Juneteenth a Holiday,
Joining JPMorgan, Wells Fargo.
    \6\ SIFMA recommends a full market close in observance of
Juneteenth National Independence Day. See SIFMA Revises 2022 Fixed
Income Market Close Recommendations in the U.S. to Include Full
Close for Juneteenth National Independence Day.
    \7\ The Exchange might otherwise indicate if unusual business
conditions exist such as the ending of a monthly or yearly
accounting period.
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    Accordingly, as proposed, paragraph (b) of MEMX Rule 11.1 would be
revised to read as follows (proposed additions below):

    The Exchange will be open for the transaction of business on
business days. The Exchange will not be open for business on the
following holidays: New Year's Day, Dr. Martin Luther King Jr. Day,
Presidents Day, Good Friday, Memorial Day, Juneteenth National
Independence Day, Independence Day, Labor Day, Thanksgiving Day or
Christmas. When any holiday observed by the Exchange falls on a
Saturday, the Exchange will not be open for business on the
preceding Friday. When any holiday observed by the Exchange falls on
a Sunday, the Exchange will not be open for business on the
following Monday, unless otherwise indicated by the Exchange.

    The Exchange also notes that several other national securities
exchanges have added Juneteenth National Independence Day as an
exchange holiday as well.\8\
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    \8\ See BOX Exchange LLC Rule 7020(e); Miami International
Securities Exchange LLC Rule 501; MIAX Emerald, LLC Rule 501; MIAX
Pearl, LLC Rule 501; NYSE Rule 7.2; NYSE American LLC Rule 7.2E;
NYSE Arca, Inc. Rules 7.2-E and 7.2-O; NYSE Chicago, Inc. Rule 7.2
and NYSE National Rule 7.2.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\10\ in particular, in that it is designed to
prevent fraudulent and manipulative practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general to
protect investors and the public interest.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposed change would
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, protect investors
and the public interest because the proposed amended rule would clearly
state that the Exchange will not be open for business on Juneteenth
National Independence Day, which is a federal holiday, and would
address what day would be taken off if June 19 fell on a Saturday or
Sunday. The change would thereby promote clarity and transparency in
the Exchange Rules by updating the list of holidays of the Exchange.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
change is not designed to address any competitive issue but rather to
amend the Exchange rule regarding holidays.

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 \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative prior to 30 days after the date of
the filing. The Exchange states that waiver of the operative delay
would be consistent with the protection of investors and the public
interest because the proposed rule change, as described above, would
state that the Exchange will not be open for business on Juneteenth
National Independence Day, which is a federal holiday, and would
address what day would be taken off if June 19 fell on a Saturday or
Sunday. The Exchange further states that the proposed change does not
raise any new or novel issues. For these reasons, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ 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).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MEMX-2021-17 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-2021-17. 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 will also 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-2021-17 and should be submitted on
or before December 29, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12), (59).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26529 Filed 12-7-21; 8:45 am]
BILLING CODE 8011-01-P