[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Page 23037]
[FR Doc No: 2018-10524]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2018-46]

Petition for Exemption; Summary of Petition Received; Silver
Airways LLC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before June 6, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0324
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John Barcas<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on May 4, 2018.
Dale Bouffiou,
Deputy Executive Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2018-0324.
    Petitioner: Silver Airways LLC.
    Section(s) of 14 CFR Affected: Sec.  121.1119(b).
    Description of Relief Sought: Silver Airways LLC petitioned the
Federal Aviation Administration for an exemption from Sec.  121.1119(b)
of Title 14, Code of Federal Regulations. The proposed exemption, if
granted, would allow Silver Airways to operate its ATR 42-500 and ATR
72-212A aircraft without a means to prevent fuel tank explosions caused
by the propagation of flames from outside the fuel tank vents into the
fuel tank vapor spaces until a flame arrestor can be developed for new
aircraft and retrofitted on existing aircraft.

[FR Doc. 2018-10524 Filed 5-16-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Notices]
[Page 10581-10582]
[DOCID:fr25fe11-50]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER11-2904-000]

Settlers Trail Wind Farm, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Settlers Trail Wind Farm, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is March 9, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an

eRegistration account using the eRegistration link. Select the eFiling
link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 17, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-4233 Filed 2-24-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 2, 2009 (Volume 74, Number 210)]
[Notices]
[Page 56655]
[DOCID:fr02no09-72]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Neurological Devices Panel of the Medical Devices Advisory
Committee; Notice of Postponement of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is postponing the
meeting of the Neurological Devices Panel of the Medical Devices
Advisory Committee scheduled for November 20, 2009. This meeting was
announced in the Federal Register of October 16, 2009 (74 FR 53274).
The postponement is due to a scheduling conflict. A future meeting date
will be announced in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Deborah Falls, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Silver Spring, MD 20993,<PHONE_NUMBER>, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), code<PHONE_NUMBER>. Please call the Information Line for up-to-date
information on this meeting.

    Dated: October 27, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-26261 Filed 10-30-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: September 26, 2006 (Volume 71, Number 186)]
[Notices]
[Page 56204-56208]
[DOCID:fr26se06-127]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54473; File No. SR-NYSEArca-2006-60]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change
Relating to Trading Shares of iShares[reg] S&P Global Index Funds
Pursuant to Unlisted Trading Privileges

September 20, 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 September 14, 2006, NYSE Arca, Inc. (``Exchange''), through its
wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE Arca
Equities'' or the ``Corporation''), 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 and is
approving the proposal on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to trade shares (``Shares'') of the following
five funds of the iShares[reg] Trust (the ``Trust''): iShares S&P
Global Consumer Discretionary Sector Index Fund, iShares S&P Global
Consumer Staples Sector Index Fund, iShares S&P Global Industrials
Sector Index Fund, iShares S&P Global Utilities Sector Index Fund and
iShares S&P Global Materials Sector Index Fund (the ``Funds'') pursuant
to unlisted trading privileges (``UTP'') under NYSE Arca Equities Rule
5.2(j)(3).

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 III 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
    Under NYSE Arca Equities Rule 5.2(j)(3), the Exchange may propose
to list or trade pursuant to UTP ``Investment Company Units.'' \3\ The
Commission previously approved a proposal to list and trade the Shares
of the Funds by the New York Stock Exchange, LLC (``NYSE'').\4\ The
Exchange proposes to trade pursuant to UTP the Shares of the Funds
under NYSE Arca Equities Rule 5.2(j)(3).\5\ Because the Funds invest in
non-U.S. securities not listed on a national securities exchange or the
Nasdaq Stock Market (``Nasdaq''), the Funds do not meet the ``generic''
listing requirements

of NYSE Arca Equities Rule 5.2(j)(3), which permit listing and trading
of Investment Company Units in reliance upon Rule 19b-4(e) under the
Act.\6\ Therefore, to trade the Funds pursuant to UTP, the Exchange
must file, and obtain Commission approval of, a proposed rule change
pursuant to Rule 19b-4 under the Act.\7\
---------------------------------------------------------------------------

    \3\ In October 1999, the Commission approved NYSE Arca Equities
Rule 5.2(j)(3), which sets forth the rules related to listing and
trading criteria for Investment Company Units. See Securities
Exchange Act Release No. 41983 (October 6, 1999), 64 FR 56008
(October 15, 1999) (SR-PCX-1998-29). In July 2001, the Commission
also approved the Exchange's generic listing standards for listing
and trading, or the trading pursuant to UTP, of Investment Company
Units under NYSE Arca Equities Rule 5.2(j)(3). See Securities
Exchange Act Release No. 44551 (July 12, 2001), 66 FR 37716-01 (July
19, 2001) (SR-PCX-2001-14). The definition of an Investment Company
Unit is set forth in NYSE Arca Equities Rule 5.1(b)(15), which
provides that an Investment Company Unit is a security representing
an interest in a registered investment company that could be
organized as a unit investment trust, an open-end management
investment company or a similar entity.
    \4\ See Securities Exchange Release No. 54458 (September 15,
2006) (SR-NYSE-2006-60) (the ``NYSE Proposal'').
    \5\ NYSE Arca Equities Rule 5.2(j)(3)(A)(i)(a) allows the
listing and trading of Investment Company Units issued by a
registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio or securities. The Trust is registered under the
Investment Company Act of 1940 (15 U.S.C. 80a) (the ``Investment
Company Act''). On April 15, 2005, the Trust filed with the
Commission a Registration Statement for the Funds on Form N-1A under
the Securities Act of 1933 (15 U.S.C. 77a), and under the Investment
Company Act relating to the Funds (File Nos. 333-92935 and 811-
09729).
    \6\ 17 CFR 240.19b-4(e); 15 U.S.C. 78s(b)(4).
    \7\ Id.
---------------------------------------------------------------------------

    The Shares represent beneficial ownership interests in the net
assets of the Funds, less expenses. As set forth in detail in the NYSE
Proposal, the Funds will hold certain securities (``Component
Securities'') selected to correspond generally to the performance of
the following indexes, respectively: (1) S&P Global Consumer
Discretionary Index; (2) S&P Global Consumer Staples Index; (3) S&P
Global Industrials Index; (4) S&P Global Utilities Index; and (5) S&P
Global Materials Index (each an ``Underlying Index; collectively, the
``Underlying Indexes''). Each of the Underlying Indexes is a subset of
the Standard & Poor's Global 1200 Index. The Underlying Indexes are
free float adjusted and market capitalization weighted.
    The investment objective of the Funds will be to provide investment
results that correspond generally to the price and yield performance of
the Underlying Indexes. In seeking to achieve their investment
objective, the Funds will utilize ``passive'' indexing investment
strategies. The Funds may fully replicate their respective Underlying
Index, but currently intend to use a ``representative sampling''
strategy to track the applicable Underlying Index. A Fund utilizing a
representative sampling strategy generally will hold a basket of the
Component Securities of its Underlying Index, but it may not hold all
of the Component Securities of its Underlying Index.
    Each Fund will invest at least 90% of its assets in the securities
of its Underlying Index or in American Depositary Receipts (``ADRs''),
Global Depositary Receipts, or European Depositary Receipts
(collectively ``Depositary Receipts'') representing securities in the
Underlying Index. A Fund may invest the remainder of its assets in
securities not included in its Underlying Index, but which Barclays
Global Fund Advisors (the ``Advisor'') believes will help the Fund
track its Underlying Index. For example, a Fund may invest in
securities not included in its Underlying Index in order to reflect
various corporate actions (such as mergers) and other changes in its
Underlying Index (such as reconstitutions, additions and deletions). A
Fund also may invest its other assets in futures contracts, options on
futures contracts, options, and swaps related to its Underlying Index,
as well as cash and cash equivalents, including shares of money market
funds affiliated with the Advisor.
    To the extent the Funds invest in ADRs, such ADRs will be listed on
a national securities exchange or Nasdaq, and to the extent the Funds
invest in other Depositary Receipts, such Depositary Receipts will be
listed on a foreign exchange. The Funds will not invest in any listed
or unlisted Depositary Receipts that the Advisor deems to be illiquid
or for which pricing information is not readily available. In addition,
all Depositary Receipts must be sponsored (with the exception of
certain pre-1984 ADRs that are listed and unsponsored because they are
grandfathered).
    Each Fund will not concentrate its investments (i.e., hold 25% or
more of its total assets in the stocks of a particular industry or
group of industries), except that a Fund will concentrate to
approximately the same extent that its Underlying Index concentrates in
the stocks of such particular industry or group of industries. In such
case, a Fund could hold 25% or more of its total assets in the stocks
of such industry or group of industries. For purposes of this
limitation, securities of the U.S. Government (including its agencies
and instrumentalities), repurchase agreements collateralized by U.S.
Government securities, and securities or state or municipal governments
and their political subdivisions are not considered to be issued by
members of any industry.
    (a) The Shares
    A description of the Trust, the operation of the Funds and the
creation and redemption process for the Shares is set forth in the NYSE
Proposal. To summarize, issuances of Shares will be made only in
aggregations of at least 50,000 Shares or multiples thereof (``Creation
Units'' or ``Creation Unit Aggregations''). The Funds will issue and
redeem the Shares on a continuous basis, by or through participants
that have entered into participant agreements (each, an ``Authorized
Participant'') \8\ with SEI Investments Distribution Co. (the
``Distributor'').
---------------------------------------------------------------------------

    \8\ An Authorized Participant must be either a ``Participating
Party'', i.e., a broker-dealer or other participant in the clearing
process through the National Securities Clearing Corporation
(``NSCC'') Continuous Net Settlement System, a clearing agency that
is registered with the Commission, or a Depository Trust Company
(``DTC'') participant, and in each case, must enter into a
Participant Agreement.
---------------------------------------------------------------------------

    Persons purchasing Creation Unit Aggregations from the Funds do so
through an ``in-kind'' process in which a basket of securities (the
``Deposit Securities''), together with an amount of cash (the
``Balancing Amount''), plus the applicable transaction fee, is
deposited with the Fund.\9\ A redeeming Authorized Participant deposits
Fund Shares in Creation Unit Aggregations generally in exchange for a
basket of securities (the ``Fund Securities'') and a balancing cash
payment (``Cash Redemption Payment'').\10\ The redeeming Authorized
Participant must pay a transaction fee to the Fund. Fund Securities
received on redemption may not be identical to Deposit Securities
deposited in connection with creations of Creation Unit Aggregations
for the same day.
---------------------------------------------------------------------------

    \9\ The Trust reserves the right to permit or require the
substitution of an amount of cash--i.e., a ``cash in lieu'' amount--
to be added to the Balancing Amount to replace any Deposit Security
that may not be available in sufficient quantity or that may not
otherwise be eligible for transfer.
    \10\ The Trust may also make redemptions in cash in lieu of
transferring one or more Fund Securities to a redeemer if the Trust
determines, in its discretion, that such method is warranted due to
unusual circumstances (e.g., when a redeeming entity is restrained
by regulation or policy from transacting in certain Fund Securities,
such as the presence of Fund Securities on a redeeming investment
banking firm's restricted list).
---------------------------------------------------------------------------

    The NAV of each Fund is calculated by Investors Bank & Trust
Company (``IBT''). IBT determines the NAV at the close of regular
trading of the NYSE (ordinarily 4 p.m. New York time) on each day that
the NYSE is open for trading. The NAV for each Fund is computed by
dividing the value of the net assets of such Fund (i.e., the value of
its total assets less total liabilities) by its total number of Shares
outstanding. Expenses and fees are accrued daily and taken into account
for purposes of determining NAV. More information regarding the
calculation of the NAV is set forth in the NYSE Proposal.
    (b) Availability of Information About the Shares and the Underlying
Indexes
    On each business day the list of names and amount of each security
constituting the current Deposit Securities of the Fund Deposit and the
Balancing Amount effective as of the previous business day, per
outstanding Share of each Fund, will be made available. According to
the NYSE Proposal, an amount per Share representing the sum of the
estimated Balancing Amount effective through and including the previous
business day, plus the current value of the Deposit Securities in U.S.
dollars, on a per Share

basis (the ``Intra-day Optimized Portfolio Value'' or ``IOPV'') will be
calculated by an independent third party that is a major market data
vendor (the ``Value Calculator''), such as Bloomberg L.P., every 15
seconds from 9:30 a.m. to 4:15 p.m. Eastern Time (``ET'') and
disseminated every 15 seconds on the Consolidated Tape.
    The IOPV reflects the current value of the Deposit Securities and
the Balancing Amount. The IOPV also reflects changes in currency
exchange rates between the U.S. dollar and the applicable home foreign
currency.\11\
---------------------------------------------------------------------------

    \11\ The IOPV ticker is available at http://www.ishares.com and the

IOPV is publicly available utilizing this ticker through various
financial Web sites such as http://finance.yahoo.com.

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

    Since the Funds will utilize a representative sampling strategy,
the IOPV may not reflect the value of all securities included in the
Underlying Indexes. In addition, the IOPV does not necessarily reflect
the precise composition of the current portfolio of securities held by
the Funds at a particular point in time. Therefore, the IOPV on a per
Share basis should not be viewed as a real time update of the NAV of
the Funds, which is calculated only once a day.
    While the IOPV disseminated at 9:30 a.m. is expected to be
generally very close to the most recently calculated Fund NAV on a per
Share basis, it is possible that the value of the portfolio of
securities held by each Fund may diverge from the Deposit Securities
values during any trading day. In such case, the IOPV will not
precisely reflect the value of each Fund's portfolio. However, during
the trading day, the IOPV can be expected to closely approximate the
value per Share of the portfolio of securities for each Fund except
under unusual circumstances (e.g., in the case of extensive rebalancing
of multiple securities in a Fund at the same time by the Advisor).
    There is an overlap in trading hours between the foreign and U.S.
markets with respect to the Funds. Therefore, the Value Calculator will
update the applicable IOPV every 15 seconds to reflect price changes in
the applicable foreign market or markets, and convert such prices into
U.S. dollars based on the currency exchange rate. When the foreign
market or markets are closed but U.S. markets are open, the IOPV will
be updated every 15 seconds to reflect changes in currency exchange
rates after the foreign market closes. The IOPV will also include the
applicable cash component for each Fund.
    In addition, a value for the Underlying Indexes will be
disseminated once each trading day, based on closing prices in the
relevant exchange market, utilizing the currency exchange rates of WM/
Reuters (or another major market data vendor). In each Underlying
Index, the prices used to calculate the Underlying Indexes are the
official exchange closing prices or those figures accepted as such. S&P
reserves the right to use an alternative pricing source on any given
day.
    As stated above under the heading ``The Shares,'' the NAV for the
Fund will be calculated daily by IBT. IBT will also disseminate the
information daily to Barclays Global Investors, N.A., the Distributor,
the NYSE and others. The Funds' NAV will be published in a number of
places, including, http://www.iShares.com and on the Consolidated Tape.

    Closing prices of the Funds' Deposit Securities are readily
available from, as applicable, the relevant exchanges, automated
quotation systems, published or other public sources in the relevant
country, or on-line information services such as Bloomberg or Reuters.
The exchange rate information required to convert such information into
U.S. dollars is also readily available in newspapers and other
publications and from a variety of on-line services.
    In addition, the Web site for the Trust, http://www.iShares.com,

which will be publicly accessible at no charge (and to which the
Exchange will provide a hyperlink on its Web site), will contain the
following information: (1) The prior business day's NAV and the mid-
point of the bid-ask price at the time of calculation of such NAV
(``Bid/Ask Price''), and a calculation of the premium or discount of
such price against such NAV; and (2) data in chart format displaying
the frequency distribution of discounts and premiums of the Bid/Ask
Price against the NAV, within appropriate ranges, for each of the four
previous calendar quarters.
    Beneficial owners of the Funds will receive all of the statements,
notices, and reports required under the Investment Company Act and
other applicable laws. They will receive, for example, annual and semi-
annual reports, written statements accompanying dividend payments,
proxy statements, annual notifications detailing the tax status of
distributions, IRS Form 1099-DIVs, etc. Because the Trust's records
reflect ownership of Shares by DTC only, the Trust will make available
applicable statements, notices, and reports to the DTC Participants
who, in turn, will be responsible for distributing them to the
beneficial owners.
    (c) UTP Trading Criteria
    The Exchange represents that it will cease trading the Shares of a
Fund if: (a) The listing market stops trading the Shares because of a
regulatory halt similar to a halt based on NYSE Arca Equities Rule 7.12
or a halt because the IOPV or the value of the applicable Underlying
Index is no longer available; or (b) the listing market delists the
Shares. Additionally, the Exchange may cease trading the Shares of a
Fund if such other event shall occur or condition exists which in the
opinion of the Exchange makes further dealings on the Exchange
inadvisable.
    (d) Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 9:30 a.m. until 8 p.m. ET, even if the
IOPV is not disseminated from 4:15 p.m. to 8 p.m. ET.\12\ The Exchange
has appropriate rules to facilitate transactions in the Shares during
all trading sessions. The minimum trading increment for Shares on the
Exchange will be $0.01.
---------------------------------------------------------------------------

    \12\ Because NSCC does not disseminate the new basket amount to
market participants until approximately 6 p.m. to 7 p.m. ET, an
updated IOPV is not possible to calculate during the Exchange's late
trading session (4:15 p.m. to 8 p.m. ET). The Exchange may rely on
the listing market to monitor dissemination of the IOPV during the
Exchange's core trading session (9:30 a.m. to 4:15 p.m. ET).
Currently the official index sponsors for the Funds' indexes do not
calculate updated index values during the Exchange's late trading
session; however, if the index sponsors did so in the future, the
Exchange will not trade this product unless such official index
value is widely disseminated.
---------------------------------------------------------------------------

    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of a Fund. Trading may be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the securities comprising
an Underlying Index and/or the Depositary Receipts of a Fund; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. In addition,
trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule \13\ or by the halt or suspension of trading of the
underlying securities. See ``UTP Trading Criteria'' above for specific
instances when the Exchange will cease trading the Shares.
---------------------------------------------------------------------------

    \13\ See NYSE Arca Equities Rule 7.12.
---------------------------------------------------------------------------

    Shares will be deemed ``Eligible Listed Securities,'' as defined in
NYSE

Arca Equities Rule 7.55, for purposes of the Intermarket Trading System
(``ITS'') Plan and therefore will be subject to the trade through
provisions of NYSE Arca Equities Rule 7.56, which require that ETP
Holders avoid initiating trade-throughs for ITS securities.
    (e) Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products to monitor trading in the
Shares. The Exchange represents that these procedures are adequate to
properly monitor Exchange trading of the Shares.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.
    The Exchange may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges who are members or
affiliates of the ISG.\14\
---------------------------------------------------------------------------

    \14\ For a list of the current members and affiliate members of
ISG, see http://www.isgportal.com.

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

    (f) Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Bulletin will discuss the following: (1) The procedures for
purchases and redemptions of Shares in Creation Unit Aggregations (and
that Shares are not individually redeemable); (2) NYSE Arca Equities
Rule 9.2(a),\15\ which imposes a duty of due diligence on its ETP
Holders to learn the essential facts relating to every customer prior
to trading the Shares; (3) how information regarding the IOPV is
disseminated; (4) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; and (5) trading information.
---------------------------------------------------------------------------

    \15\ The Exchange recently amended NYSE Arca Equities Rule
9.2(a) (``Diligence as to Accounts'') to provide that ETP Holders,
before recommending a transaction, must have reasonable grounds to
believe that the recommendation is suitable for the customer based
on any facts disclosed by the customer as to his other security
holdings and as to his financial situation and needs. Further, the
proposed rule amendment provides, with a limited exception, that
prior to the execution of a transaction recommended to a non-
institutional customer, the ETP Holders shall make reasonable
efforts to obtain information concerning the customer's financial
status, tax status, investment objectives, and any other information
that they believe would be useful to make a recommendation. See
Securities Exchange Act Release No. 54045 (June 26, 2006), 71 FR
37971 (July 3, 2006) (SR-PCX-2005-115).
---------------------------------------------------------------------------

    In addition, the Information Bulletin will advise ETP Holders,
prior to the commencement of trading, of the prospectus delivery
requirements applicable to the Funds.\16\ The Exchange notes that
investors purchasing Shares directly from the Trust will receive a
prospectus. ETP Holders purchasing Shares from the Trust for resale to
investors will deliver a prospectus to such investors. The Information
Bulletin will also discuss any exemptive, no-action and interpretive
relief granted by the Commission from any rules under the Act.
---------------------------------------------------------------------------

    \16\ See In the Matter of iShares, Inc., et al., Investment
Company Act Release No. 25623 (June 25, 2002), which permits dealers
to sell Shares in the secondary market unaccompanied by a statutory
prospectus when prospectus delivery is not required by the
Securities Act of 1933. Any product description used in reliance on
the Section 24(d) exemptive order will comply with all
representations and conditions set forth in the order.
---------------------------------------------------------------------------

    In addition, the Information Bulletin will reference that the Trust
is subject to various fees and expenses described in the Registration
Statement. The Information Bulletin will also disclose that the NAV for
the Shares will be calculated shortly after 4 p.m. ET each trading day.

2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\17\ in general, and furthers the
objectives of section 6(b)(5),\18\ in particular, because it is
designed to prevent fraudulent and manipulative act and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments and perfect the mechanisms of a free
and open market, and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposal is consistent
with Rule 12f-5 under the Act \19\ because it deems the Shares to be
equity securities, thus rendering the Shares subject to the Exchange's
existing rules governing the trading of equity securities.
---------------------------------------------------------------------------

    \19\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance 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

    Written comments on the proposed rule change were neither solicited
nor 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 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-NYSEArca-2006-60 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street NE., Washington, DC 20549-1090. All submissions should refer to
File Number SR-NYSEArca-2006-60. 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 Room. Copies of such filing also will be available for
inspection and copying at the principal offices 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--NYSEArca-2006-60 and

should be submitted on or before October 17, 2006.

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

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\20\ In
particular, the Commission finds that the proposed rule change is
consistent with section 6(b)(5) of the Act,\21\ which requires that an
exchange have rules designed, among other things, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
in general to protect investors and the public interest.
---------------------------------------------------------------------------

    \20\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Commission finds that proposal is consistent with
section 12(f) of the Act,\22\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\23\ The Commission also finds that the proposal is consistent
with Rule 12f-5 under the Act,\24\ which provides that an exchange
shall not extend UTP to a security unless the exchange has in effect a
rule or rules providing for transactions in the class or type of
security to which the exchange extends UTP. NYSEArca rules deem the
Shares to be equity securities, thus trading in the Shares will be
subject to the Exchange's existing rules governing the trading of
equity securities.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78l(f).
    \23\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \24\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

    The Commission further believes that the proposal is consistent
with section 11A(a)(1)(C)(iii) of the Act,\25\ which sets forth
Congress's finding that it is in the public interest and appropriate
for the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    In support of the proposed rule change, the Exchange has made the
following representations:
    1. The Exchange has appropriate rules to facilitate transactions in
this type of security in all trading sessions.
    2. The Exchange's surveillance procedures are adequate to properly
monitor the trading of the Shares on the Exchange.
    3. The Exchange will inform its ETP Holders in an Information
Bulletin of the special characteristics and risks associated with
trading the Shares.
    4. The Exchange will require its ETP Holders to deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction and will note this
prospectus delivery requirement in the Information Bulletin.
    5. The Exchange will cease trading the Shares of a Fund if: (a) The
listing market stops trading the Shares because of a regulatory halt
similar to a halt based on NYSE Arca Equities Rule 7.12 or a halt
because the IOPV or the value of the applicable Underlying Index is no
longer available; or (b) the listing market delists the Shares.
    This approval order is conditioned on the Exchange's adherence to
these representations.
    The Commission finds good cause for approving this proposed rule
change before the thirtieth day after the publication of notice thereof
in the Federal Register. As noted above, the Commission previously
found that the listing and trading of these Shares on the NYSE is
consistent with the Act.\26\ The Commission presently is not aware of
any issue that would cause it to revisit that earlier finding or
preclude the trading of these funds on the Exchange pursuant to UTP.
Therefore, accelerating approval of this proposed rule change should
benefit investors by creating, without undue delay, additional
competition in the market for these Shares.
---------------------------------------------------------------------------

    \26\ See NYSE Proposal, supra note 4.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the Act,
that the proposed rule change (SR-NYSEArca-2006-60), is hereby approved
on an accelerated basis.\27\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. 06-8236 Filed 9-25-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Rules and Regulations]
[Page 41247]
[FR Doc No: 2022-14770]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-USCG-2022-0592]

Special Local Regulation; Poquoson Seafood Festival Workboat
Races; Back River, Poquoson, VA

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a special local regulation for
the Poquoson Seafood Festival Workboat Races on the Back River, VA, on
September 18, 2022, to provide for the safety of life on navigable
waterways during this event. Coast Guard regulations for marine events
within the Fifth Coast Guard District identifies the regulated area for
this event in Poquoson, VA. During the enforcement periods, the
operator of any vessel in the regulated area must comply with
directions from the Patrol Commander or local law enforcement vessel
approved by the Captain of the Port (COTP).

DATES: The regulations in 33 CFR 100.501 will be enforced for the
location identified for the Poquoson Seafood Festival Workboat Races in
table 3 to paragraph (i)(3) to Sec.  100.501 from 10 a.m. until 6 p.m.
on September 18, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email LCDR Ashley Holm, Chief,
Waterways Management Division, Sector Virginia, U.S. Coast Guard;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation in 33 CFR 100.501 for the Poquoson Seafood Festival
Workboat Races from 10 a.m. to 6 p.m. on September 18, 2022. This
action is being taken to provide for the safety of life on navigable
waterways during this event. Our regulation for marine events within
the Fifth Coast Guard District, Sec.  100.501, specifies the location
of the regulated area for the Poquoson Seafood Festival Workboat Races
which encompasses portions of the Back River. During the enforcement
periods, if you are the operator of a vessel in the regulated area you
must comply with directions from the Patrol Commander or local law
enforcement vessel approved by the COTP.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and Broadcast
Notice to Mariners.

    Dated: July 6, 2022.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port Virginia.
[FR Doc. 2022-14770 Filed 7-11-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Notices]
[Page 74706]
[DOCID:fr01de10-55]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-37-002]

Washington 10 Storage Corporation; Notice of Baseline Filing

November 23, 2010.
    Take notice that on November 19, 2010, Washington 10 Storage
Corporation submitted a revised baseline filing of its Statement of
Operating Conditions for services provided under section 311 of the
Natural Gas Policy Act of 1978 (NGPA).
    Any person desiring to participate in this rate proceeding must
file a motion 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 on or before the date as indicated below. 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 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line 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>.
    Comment Date: 5 p.m. Eastern Time on Friday, December 3, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-30161 Filed 11-30-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38647-38649]
[FR Doc No: 2014-15936]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2011-0097]

Pilot Program on NAFTA Trucking Provisions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice.

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

SUMMARY: FMCSA announces information concerning the Pre-Authorization
Safety Audit (PASA) for Trans-Mex Inc., SA de CV (USDOT
710381) which applied to participate in the Agency's long-haul pilot
program to test and demonstrate the ability of Mexico-domiciled motor
carriers to operate safely in the United States beyond the
municipalities along the United States-Mexico international border or
the commercial zones of such municipalities. This motor carrier did not
successfully complete the PASA.

FOR FURTHER INFORMATION CONTACT: Marcelo Perez, FMCSA, North American
Borders Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001. Telephone<PHONE_NUMBER> Ext. 228; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2007, the President signed into law the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act), (Pub. L. 110-28, 121 Stat. 112,
183, May 25, 2007). Section 6901 of the Act requires that certain
actions be taken by the Department of Transportation (the Department)
as a condition of obligating or expending appropriated funds to grant
authority to Mexico-domiciled motor carriers to operate beyond the
municipalities in the United States on the United States-Mexico
international border or the commercial zones of such municipalities
(border commercial zones).
    On July 8, 2011, FMCSA announced in the Federal Register [76 FR
40420] its intent to proceed with the initiation of a U.S.-Mexico
cross-border long-haul trucking pilot program to test and demonstrate
the ability of Mexico-domiciled motor carriers to operate safely in the
United States beyond the border commercial zones as detailed in the
Agency's April 13, 2011, Federal Register notice [76 FR 20807]. The
pilot program is a part of FMCSA's implementation of the North American
Free Trade Agreement (NAFTA) cross-border long-haul trucking provisions
in compliance with section 6901(b)(2)(B) of the Act. FMCSA reviewed,
assessed, and evaluated the required safety measures as noted in the
July 8, 2011, notice and considered all comments received on or before
May 13, 2011, in response to the April 13, 2011, notice. Additionally,
to the extent practicable, FMCSA considered comments received after May
13, 2011.
    In accordance with section 6901(b)(2)(B)(i) of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act), FMCSA is required to publish
comprehensive data and information on the PASAs conducted of motor
carriers domiciled in Mexico that are granted authority to operate
beyond the border commercial zones in the Federal Register to provide
sufficient opportunity for public notice and comment. There is no
requirement to provide information to the public on the motor carriers
that failed the PASA, and, therefore, will not be granted authority to
operate in the pilot program. However, FMCSA committed in previous
notices to provide information on the motor carriers that did not pass
the PASA.
    The Mexico-domiciled motor carrier in Table 1 did not successfully
complete the PASA.
    Tables 2, 3 and 4 all titled (``Failed Pre-Authorization Safety
Audit (PASA) Information'') set out additional information on the
carrier noted in Table 1. A narrative description of each column in the
tables is provided as follows:
    A. Row Number in the Appendix for the Specific Carrier: The row
number for each line in the tables.
    B. Name of Carrier: The legal name of the Mexico-domiciled motor
carrier that applied for authority to operate in the U.S. beyond the
border commercial zones and was considered for participation in the
long-haul pilot program.
    C. U.S. DOT Number: The identification number assigned to the
Mexico-domiciled motor carrier and required to be displayed on each
side of the motor carrier's power units. If granted provisional
operating authority, the Mexico-domiciled motor carrier will be
required to add the suffix ``X'' to the ending of its assigned U.S. DOT
Number for those vehicles approved to participate in the pilot program.
    D. FMCSA Register Number: The number assigned to the Mexico-
domiciled motor carrier's operating authority as found in the FMCSA
Register.
    E. PASA Initiated: The date the PASA was initiated.
    F. PASA Completed: The date the PASA was completed.
    G. PASA Results: The results upon completion of the PASA. The PASA
receives a quality assurance review before approval. The quality
assurance process involves a dual review by the FMCSA Division Office
supervisor of the auditor assigned to conduct the PASA and by the FMCSA
Service Center New Entrant Specialist designated for the specific FMCSA
Division Office. This dual review ensures the successfully completed
PASA was conducted in accordance with FMCSA policy, procedures and

guidance. Upon approval, the PASA results are uploaded into the FMCSA's
Motor Carrier Management Information System (MCMIS). The PASA
information and results are then recorded in the Mexico-domiciled motor
carrier's safety performance record in MCMIS.
    H. FMCSA Register: The date FMCSA published notice of a
successfully completed PASA in the FMCSA Register. The FMCSA Register
notice advises interested parties that the application has been
preliminarily granted and that protests to the application must be
filed within 10 days of the publication date. Protests are filed with
FMCSA Headquarters in Washington, DC. The notice in the FMCSA Register
lists the following information:
    a. Current registration number (e.g., MX-123456);
    b. Date the notice was published in the FMCSA Register;
    c. The applicant's name and address; and
    d. Representative or contact information for the applicant.
    The FMCSA Register may be accessed through FMCSA's Licensing and
Insurance public Web site at http://li-public.fmcsa.dot.gov/, and
selecting FMCSA Register in the drop down menu.
    I. U.S. Drivers: The total number of the motor carrier's drivers
approved for long-haul transportation in the United States beyond the
border commercial zones.
    J. U.S. Vehicles: The total number of the motor carrier's power
units approved for long-haul transportation in the United States beyond
the border commercial zones.
    K. Passed Verification of 5 Elements (Yes/No): A Mexico-domiciled
motor carrier will not be granted provisional operating authority if
FMCSA cannot verify all of the following five mandatory elements. FMCSA
must:
    a. Verify a controlled substances and alcohol testing program
consistent with 49 CFR part 40.
    b. Verify a system of compliance with hours-of-service rules of 49
CFR part 395, including recordkeeping and retention;
    c. Verify the ability to obtain financial responsibility as
required by 49 CFR 387, including the ability to obtain insurance in
the United States;
    d. Verify records of periodic vehicle inspections; and
    e. Verify the qualifications of each driver the carrier intends to
use under such authority, as required by 49 CFR parts 383 and 391,
including confirming the validity of each driver's Licencia Federal de
Conductor and English language proficiency.
    L. If No, Which Element Failed: If FMCSA cannot verify one or more
of the five mandatory elements outlined in 49 CFR part 365, Appendix A,
Section III, this column will specify which mandatory element(s) cannot
be verified.
    Please note that for items L through P below, during the PASA,
after verifying the five mandatory elements discussed in item K above,
FMCSA will gather information by reviewing a motor carrier's compliance
with ``acute and critical'' regulations of the Federal Motor Carrier
Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs).
Acute regulations are those where noncompliance is so severe as to
require immediate corrective actions by a motor carrier regardless of
the overall basic safety management controls of the motor carrier.
Critical regulations are those where noncompliance relates to
management and/or operational controls. These regulations are
indicative of breakdowns in a carrier's management controls. A list of
acute and critical regulations is included in 49 CFR Part 385, Appendix
B, Section VII.
    Parts of the FMCSRs and HMRs having similar characteristics are
combined together into six regulatory areas called ``factors.'' The
regulatory factors are intended to evaluate the adequacy of a carrier's
management controls.
    M. Passed Phase 1, Factor 1: A ``yes'' in this column indicates the
carrier has successfully met Factor 1 (listed in part 365, Subpart E,
Appendix A, Section IV(f)). Factor 1 includes the General Requirements
outlined in parts 387 (Minimum Levels of Financial Responsibility for
Motor Carriers) and 390 (Federal Motor Carrier Safety Regulations--
General).
    N. Passed Phase 1, Factor 2: A ``yes'' in this column indicates the
carrier has successfully met Factor 2, which includes the Driver
Requirements outlined in parts 382 (Controlled Substances and Alcohol
Use and Testing), 383 (Commercial Driver's License Standards;
Requirements and Penalties) and 391 (Qualifications of Drivers and
Longer Combination Vehicle (LCV) Driver Instructors).
    O. Passed Phase 1, Factor 3: A ``yes'' in this column indicates the
carrier has successfully met Factor 3, which includes the Operational
Requirements outlined in parts 392 (Driving of Commercial Motor
Vehicles) and 395 (Hours of Service of Drivers).
    P. Passed Phase 1, Factor 4: A ``yes'' in this column indicates the
carrier has successfully met Factor 4, which includes the Vehicle
Requirements outlined in parts 393 (Parts and Accessories Necessary for
Safe Operation) and 396 (Inspection, Repair and Maintenance) and
vehicle inspection and out-of-service data for the last 12 months.
    Q. Passed Phase 1, Factor 5: A ``yes'' in this column indicates the
carrier has successfully met Factor 5, which includes the hazardous
material requirements outlined in parts 171 (General Information,
Regulations, and Definitions), 177 (Carriage by Public Highway), 180
(Continuing Qualification and Maintenance of Packagings) and 397
(Transportation of Hazardous Materials; Driving and Parking Rules).
    R. Passed Phase 1, Factor 6: A ``yes'' in this column indicates the
carrier has successfully met Factor 6, which includes Accident History.
This factor is the recordable accident rate during the past 12 months.
A recordable ``accident'' is defined in 49 CFR 390.5, and means an
accident involving a commercial motor vehicle operating on a public
road in interstate or intrastate commerce which results in a fatality;
a bodily injury to a person who, as a result of the injury, immediately
received medical treatment away from the scene of the accident; or one
or more motor vehicles incurring disabling damage as a result of the
accident requiring the motor vehicle to be transported away from the
scene by a tow truck or other motor vehicle.
    S. Number U.S. Vehicles Inspected: The total number of vehicles
(power units) the motor carrier is approved to operate in the United
States beyond the border commercial zones that received a vehicle
inspection during the PASA. During a PASA, FMCSA inspected all power
units to be used by the motor carrier in the pilot program and applied
a current Commercial Vehicle Safety Alliance (CVSA) inspection decal,
if the inspection is passed successfully. This number reflects the
vehicles that were inspected, irrespective of whether the vehicle
received a CVSA inspection at the time of the PASA decal as a result of
a passed inspection.
    T. Number U.S. Vehicles Issued CVSA Decal: The total number of
inspected vehicles (power units) the motor carrier is approved to
operate in the United States beyond the border commercial zones that
received a CVSA inspection decal as a result of an inspection during
the PASA.
    U. Controlled Substances Collection: Refers to the applicability
and/or country of origin of the controlled substance and alcohol
collection facility

that will be used by a motor carrier that has successfully completed
the PASA.
    a. ``U.S.'' means the controlled substance and alcohol collection
facility is based in the United States.
    b. ``MX'' means the controlled substance and alcohol collection
facility is based in Mexico.
    c. ``Non-CDL'' means that during the PASA, FMCSA verified that the
motor carrier is not utilizing commercial motor vehicles subject to the
commercial driver's license requirements as defined in 49 CFR 383.5
(Definition of Commercial Motor Vehicle). Any motor carrier that does
not operate commercial motor vehicles as defined in Sec.  383.5 is not
subject to DOT controlled substance and alcohol testing requirements.
    V. Name of Controlled Substances and Alcohol Collection Facility:
Shows the name and location of the controlled substances and alcohol
collection facility that will be used by a Mexico-domiciled motor
carrier who has successfully completed the PASA.

                Table 1-- Applicant That Failed the PASA
------------------------------------------------------------------------
 Row number in Tables 2, 3 and 4
of the Appendix to today's notice     Name of carrier       USDOT No.
------------------------------------------------------------------------
1................................  Trans-Mex Inc., SA            710381
                                    de CV.
------------------------------------------------------------------------

                                                                Table 2--Failed Pre-Authorization Safety Audit (PASA) Information
                                                                                [See also Tables 3 and 4]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Column D--    Column E--    Column F--
          Column A--Row No.              Column B--Name of    Column C--US      FMCSA         PASA          PASA      Column G--PASA Results      Column H--FMCSA     Column I--US  Column J--US
                                              Carrier            DOT No.    Register No.    Initiated     Completed                                  Register            Drivers      Vehicles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1...................................  Trans-Mex Inc. SA de         710381     MX-324695    10/22/2013    10/22/2013   Failed................  Not published.........           10             5
                                       CV.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                Table 3--Failed Pre-Authorization Safety Audit (PASA) Information
                                                                                [See also Tables 2 and 4]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Column K--
                                                                                passed
                                   Column B--name of  Column C--US   Column D--   verification  Column L--If no,   Column M--passed    Column N--passed    Column O--passed    Column P--passed
        Column A--row No.               Carrier          DOT No.        FMCSA         of 5        which element    phase 1 factor 1    phase 1 factor 2    phase 1 factor 3    phase 1 factor 4
                                                                    register No.    elements         failed
                                                                                (yes/no)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................  Trans-Mex, Inc SA        710381      MX324695            No   Hours of Service  Not Completed.....  Not Completed.....  Not Completed.....  Not Completed
                                   de CV.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                Table 4--Failed Pre-Authorization Safety Audit (PASA) Information
                                                                                [See also Tables 2 and 3]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Column T--                         Column V--Name of
                                                                      Column D--                                              Column S--      No. US          Column U--          controlled
        Column A--Row No.          Column B--Name of   Column C--US      FMCSA       Column Q--Passed     Column R--Passed      No. US       Vehicles         Controlled        substances and
                                        carrier           DOT No.    Register No.    Phase I Factor 5     Phase I Factor 6     vehicles     issued CVSA       substance       alcohol collection
                                                                                inspected       decal          collection           facility
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................  Trans-Mex Inc. SA         710381     MX-324695   Not Completed......  Not Completed......         None          None   Not Completed......  Not Completed.
                                   de CV.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    At the point that the Auditor determined that the applicant failed
Phase 1, the PASA was discontinued. As a result, other factors were not
assessed and are marked ``Not Completed.''
    To date, this is the third carrier that has failed the PASA. The
Act only requires publication of data for carriers receiving operating
authority, as failure to successfully complete the PASA prevents the
carrier from being granted authority to participate in the long-haul
pilot program. FMCSA agreed to publish this information to show motor
carriers that failed to meet U.S. safety standards.

    Issued under the authority of delegation in 49 CFR 1.87: June
20, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-15936 Filed 7-7-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37293-37296]
[FR Doc No: 2023-12110]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97639; File No. SR-CboeBYX-2023-008]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 11.24(e) To Modify When the Exchange Will Disseminate the Retail
Liquidity Identifier

June 1, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 19, 2023, Cboe BYX Exchange, Inc. filed with the Securities and
Exchange Commission the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as constituting a
``non-controversial'' rule change pursuant to Section 19(b)(3)(A)(iii)
of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the
proposal effective upon receipt of this filing by the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposal
to modify Rule 11.24(e). The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/byx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange currently operates a Retail Price Improvement Program
(``RPI Program'') \5\ that permits Retail Member Organizations
(``RMOs'') \6\ to submit Retail Orders \7\ to the Exchange. Exchange
Users \8\ are permitted to provide potential price improvement for
Retail Orders through the use of Retail Price Improvement Orders (``RPI
Orders'').\9\ When there is an RPI Order in a particular security that
meets certain requirements (further described below), the Exchange
disseminates an indicator, known as the Retail Liquidity Identifier
(the ``Identifier'').\10\ The Exchange now proposes to amend Rule
11.24(e), which describes when the Exchange will disseminate the
Identifier.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 68303 (November 27,
2012), 77 FR 71652 (December 3, 2012), SR-BYX-2012-019 (``Order
Granting Approval to Proposed Rule Change, as Modified by Amendment
No. 2, To Adopt a Retail Price Improvement Program'').
    \6\ See Rule 11.24(a)(1). An RMO is a Member (or a division
thereof) that has been approved by the Exchange under Rule 11.24 to
submit Retail Orders.
    \7\ See Rule 11.24(a)(2). A Retail Order is an agency or
riskless principal order that meets the criteria of FINRA Rule
5320.03 that originates from a natural person and is submitted to
the Exchange by an RMO, provided that no change is made to the terms
of an order with respect to price or side of market and the order
does not originate from a trading algorithm or any other
computerized methodology. A Retail Order is an Immediate or Cancel
(``IOC'') Order and shall operate in accordance with Rule 11.24(f).
A Retail Order can be an odd lot, round lot, or mixed lot.
    \8\ See Rule 1.5. The term ``User'' shall mean any Member or
Sponsored Participant who is authorized to obtain access to the
System pursuant to Rule 11.3.
    \9\ See Rule 11.24(a)(3). An RPI Order consists of non-displayed
interest on the Exchange that is priced better than the Protected
NBB or Protected NBO by at least $0.001 and that is identified as
such. The System will monitor whether RPI buy or sell interest,
adjusted by any offset and subject to the ceiling or floor price, is
eligible to interact with incoming Retail Orders. An RPI Order
remains non-displayed in its entirety (the buy or sell interest, the
offset, and the ceiling or floor). An RPI Order may also be entered
in a sub-penny increment with an explicit limit price. Any User is
permitted, but not required, to submit RPI Orders. An RPI Order may
be an odd lot, round lot or mixed lot.
    \10\ See Rule 11.24(e). The Retail Liquidity Identifier shall be
disseminated through proprietary data feeds or as appropriate
through the Consolidated Quotation System when RPI interest priced
at least $0.001 better than the Exchange's Protected Bid or
Protected Offer for a security is available in the System. The
Retail Liquidity Identifier shall reflect the symbol for the
particular security and the side (buy or sell) of the RPI interest,
but shall not include the price or size of the RPI interest.
---------------------------------------------------------------------------

    Currently, Rule 11.24(e) states that the Exchange may disseminate
the Identifier ``when RPI interest priced at least $0.001 better than
the Exchange's Protected Bid or Protected Offer for a particular
security is available in the System.'' Exchange Rule 1.5(t) defines
Protected Bid and Protected Offer as a bid or offer in a stock that is
(i) displayed by an automated trading center; (ii) disseminated
pursuant to an effective national market system plan; and (iii) an
automated quotation that is the best bid or best offer of a national
securities exchange or association.\11\ In other words, the Protected
Bid or Protected Offer referenced in Rule 11.24(e) is the Protected Bid
or Protected Offer on the Exchange and does not contemplate the
Protected Bid or Protected Offer on any other exchanges.
---------------------------------------------------------------------------

    \11\ See Rule 1.5(t).
---------------------------------------------------------------------------

    The Exchange now proposes to amend Rule 11.24(e) so that the
Identifier will be disseminated when there is RPI interest priced at
least $0.001 better than the Protected NBB (``PBB'') or Protected NBO
(``PBO'') \12\ available in the System. The Exchange notes that its
proposed functionality is substantively identical to NYSE Rule 7.44(j),
NYSE Arca Rule 7.44-E(j), and Nasdaq BX Rule 4780(e).\13\ The Exchange
believes that removing the reference to the ``Exchange's Protected Bid
or Protected Offer'' and providing for the dissemination of the
Identifier to occur when there is RPI interest priced at least $0.001
better than PBB or PBO may decrease the amount of false signals
provided by the Identifier,\14\ as the Identifier would no longer be
disseminated only when there is an RPI Order priced $0.001 better than
the Exchange's (emphasis added) Protected Bid \15\ or Protected
Offer.\16\ The Exchange further believes that permitting the Identifier
to display when there is RPI interest priced at least $0.001 better
than the PBB or PBO may attract additional retail order flow and create
greater retail order flow competition, which helps ensure that retail
investors benefit from competitive price improvement that liquidity
providers provide.
---------------------------------------------------------------------------

    \12\ See Rule 1.5(s). ``Protected NBB'' shall mean the national
best bid that is a Protected Quotation and the term ``Protected
NBO'' shall mean the national best offer that is a Protected
Quotation. The term ``Protected Quotation'' is defined in Rule
1.5(t) and means a quotation that is a Protected Bid or a Protected
Offer.
    \13\ See e.g., NYSE Rule 7.44(j) and NYSE Arca Rule 7.44-E(j). A
Retail Liquidity Identifier will be disseminated through proprietary
data feeds and through the Consolidated Quotation System or the UTP
Quote Data Feed when RPI interest priced at least $0.001 better than
the PBB or PBO for a particular security is available in the
applicable exchange systems. See also Nasdaq BX Rule 4780(e), which
states that an identifier shall be disseminated through proprietary
data feeds and through the Securities Information Processor when RPI
interest priced at least $0.001 better than the NBBO for a
particular security is available in the Nasdaq BX system.
    \14\ The Exchange has been made aware of instances where the
Identifier is disseminated because of an RPI Order priced better
than the Exchange's Protected Bid or Protected Offer, but because
the RPI Order is not priced at least $0.001 better than the PBB or
PBO, it is ineligible to execute. When this occurs, Retail Orders
submitted to the Exchange to execute against the RPI interest
identified by the Identifier are rejected. The Exchange believes
that by amending Rule 11.24(e), fewer false signals will occur
because the Identifier will only display when there is RPI interest
priced at least $0.001 better than the PBB or PBO.
    \15\ Supra note 11.
    \16\ Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\17\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \18\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \19\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ Id.

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

    In particular, the proposed change promotes just and equitable
principles of trade and removes impediments to and perfects the
mechanism of a free and open market and a national market system
because the proposed change is reasonably designed to attract retail
order flow to the Exchange, which in turn may allow retail investors to
benefit from the better price that liquidity providers are willing to
give their orders. The Exchange believes its proposed amendment to Rule
11.24(e) will provide fewer false signals, as the RPI interest signaled
by the Identifier would no longer be based on the Exchange's Protected
Bid or Protected Offer, but rather will be based on the PBB or PBO. By
displaying the Identifier based on the PBB or PBO, the Exchange expects
fewer instances in which Retail Orders submitted to execute against RPI
Orders based on the Identifier would be rejected due to the RPI Order
being inexecutable.\20\ This may help attract additional retail order
flow to the Exchange, which will create greater retail order flow
competition amongst exchanges and provide more opportunities for
competitive price improvement for retail orders, benefitting market
participants as a whole.
---------------------------------------------------------------------------

    \20\ Supra note 14.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposal does not impose any burden on intramarket competition that
is not necessary or appropriate in furtherance of the purposes of the
Act. Particularly, the proposal will apply equally to all RPI interest
on the Exchange that is priced at least $0.001 better than the PBB or
PBO. Furthermore, the Exchange believes its proposal will promote
intramarket competition as additional retail order flow may be
submitted to the Exchange with the potential to interact with other
price improving liquidity or resting orders, subject to RMO order
designation.
    The Exchange also believes the proposed rule change does not impose
any burden on intermarket competition that is not necessary or
appropriate in furtherance of the Act. As discussed above, NYSE, NYSE
Arca, and Nasdaq BX each disseminate similar indicators of RPI interest
under their respective retail price improvement programs and the
Exchange believes that its proposed rule change will allow it to
compete for additional retail order flow with the aforementioned
exchanges.\21\ Given that the Exchange's Identifier is proposed to be
displayed in an almost identical manner to the competitor exchanges
mentioned above rather than its current state of being displayed only
when there is RPI interest priced $0.001 better than the Exchange's
(emphasis added) Protected Best Bid or Protected Best Offer, the
Exchange believes its proposal to permit the Identifier to display when
there is RPI interest priced at least $0.001 better than the PBB or PBO
will promote competition between the exchanges, hence fostering
innovation within the market, and increasing the quality of the
national market system by allowing national securities exchanges to
compete both with each other and with off-exchange venues for order
flow.
---------------------------------------------------------------------------

    \21\ Supra note 13.
---------------------------------------------------------------------------

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 after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \22\ and Rule 19b-
4(f)(6) \23\ thereunder.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
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 under Rule 19b-4(f)(6) \24\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\25\ the Commission
may 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 so that the proposed
rule change may become operative upon filing. The Exchange states that
waiver of the operative delay does not present market participants with
any new or novel issues, as other exchanges already utilize the PBB,
PBO, or NBBO to determine when to disseminate their retail liquidity
identifiers, and that accordingly, the proposed rule change does not
significantly affect the protection of investors or the public
interest.\26\ The Exchange also states that the proposed amendment to
its Rule 11.24(e) will result in fewer instances in which Retail Orders
submitted to execute against RPI Orders based on the Identifier would
be rejected due to the RPI Order being inexecutable. For these reasons,
the Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposal operative upon filing.\27\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.19b-4(f)(6).
    \25\ 17 CFR 240.19b-4(f)(6)(iii).
    \26\ The Exchange also states that NYSE, NYSE Arca, and Nasdaq
BX each disseminate similar indicators of RPI interest under their
respective retail price improvement programs, and the Exchange
believes that its proposed rule change will allow it to compete for
additional retail order flow with the aforementioned exchanges. See
supra note 21 and accompanying text.
    \27\ For purposes only of waiving the 30-day operative delay,
the Commission 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 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 protected]. Please include
File Number SR-CboeBYX-2023-008 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-CboeBYX-2023-008. 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 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to File Number SR-CboeBYX-2023-008 and should be submitted
on or before June 28, 2023.
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-12110 Filed 6-6-23; 8:45 am]
BILLING CODE 8011-01-P