[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45645-45646]
[FR Doc No: 2018-19512]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0279]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0044

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0044,
Outer Continental Shelf Activities--Title 33 CFR Subchapter N; without
change. Our ICR describes the information we seek to collect from the
public. Before submitting this ICR to OIRA, the Coast Guard is inviting
comments as described below.

DATES: Comments must reach the Coast Guard on or before November 9,
2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0279] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
COMMANDANT (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to

your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2018-0279], and
must be received by November 9, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Outer Continental Shelf Activities--Title 33 CFR Subchapter
N.
    OMB Control Number: 1625-0044.
    Summary: The Outer Continental Shelf Lands Act, as amended,
authorizes the Coast Guard to promulgate and enforce regulations
promoting the safety of life and property on OCS facilities. These
regulations are located in 33 CFR chapter I subchapter N.
    Need: The information is needed to ensure compliance with the
safety regulations related to OCS activities. The regulations contain
reporting and recordkeeping requirements for annual inspections of
fixed OCS facilities, employee citizenship records, station bills, and
emergency evacuation plans.
    Forms: CG-5432, Fixed OCS Facility Inspection Report.
    Respondents: Operations of facilities and vessels engaged in
activities on the OCS.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 8,441
hours to 9,582 hours a year due to an increase in the estimated annual
number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: May 15, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.

    Editorial note: This document was received for publication by
the Office of the Federal Register on September 5, 2018.
[FR Doc. 2018-19512 Filed 9-7-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62095-62096]
[FR Doc No: 2022-22171]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2322-069; 2322071; 2325-100; 2574-092; 2611-091]

Brookfield White Pine Hydro, LLC; Merimil Limited Partnership;
Hydro-Kennebec, LLC; Notice of Supplemental Information Filing and
Soliciting Comments

    Take notice that the following supplemental information has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Supplemental information to pending filings
regarding salmon mortality and protective measures.
    b. Project Nos.: P-2322-069; P-2322-071; P-2325-100; P-2574-092; P-
2611-091.
    c. Date Filed: September 21, 2022.
    d. Applicants: Brookfield White Pine Hydro, LLC; Merimil Limited
Partnership; Hydro-Kennebec, LLC.
    e. Name of Projects: Shawmut, Weston, Lockwood, and Hydro-Kennebec
Hydroelectric Projects.
    f. Location: The projects are located on the lower Kennebec River
in Kennebec and Somerset Counties, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kelly Maloney, Licensing and Compliance
Manager, Brookfield White Pine Hydro, LLC., 150 Main Street, Lewiston,
ME 04240; telephone:<PHONE_NUMBER>.
    i. FERC Contact: Marybeth Gay,<PHONE_NUMBER>,
[email protected]; or Matt Cutlip,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments: 20 days from the notice date.
Reply comments due 30 days from the notice date.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2322-069; P-2322-071; P-2325-100; P-2574-092; and P-
2611-091.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. Description of Filing: On September 21, 2022, Brookfield Power
US Asset Management, LLC (Brookfield), on behalf of the affiliated
licensees for the Shawmut (P-2322), Weston (P-2325), Lockwood (P-2574),
and Hydro-Kennebec (P-2611) projects, filed supplemental information
for the following pending items: (1) the January 31, 2020 Final License
Application for the Shawmut Project; (2) the June 1, 2021 Interim
Species Protection Plan (Interim Plan) for the Shawmut Project; and (3)
the June 1, 2021 Final Species Protection Plan (Final Plan) for the
Lockwood, Weston, and Hydro-Kennebec projects.
    Brookfield states that, while conducting its analysis of the Final
Plan, Interim Plan, and their associated Biological Assessments, the
National Marine Fisheries Service (NMFS) requested that Brookfield
better address delayed mortality for salmon smolts passing downstream
of the first receiver at each of the projects. Brookfield's filing
contains that analysis. Further, Brookfield states that it and NMFS
evaluated measures previously contemplated within the adaptive
management provisions included as part of the Final Plan, Interim Plan,
and relicensing proceeding, which could be implemented on an
accelerated schedule to minimize and/or mitigate the effects of delayed
mortality.
    Based on these discussions, Brookfield now proposes to implement
several measures from the adaptive management provisions proposed in
the Final Plan to improve smolt survival during spill and through the
fishways as well as reduce entrainment, as appropriate, for each of the
specific projects. Brookfield states that it would implement these
measures concurrently with, or in advance of, the other actions
proposed in the Final Plan.
    Similarly, as a supplement to the final license application for the
Shawmut Project, Brookfield now proposes to add measures to reduce
entrainment, provide safe downstream passage

routes, and improve smolt passage survival conditions during spill.
Brookfield also says that it may seek Commission authorization to
implement these newly proposed measures in advance of the Commission's
licensing decision.
    Brookfield additionally proposes mitigation measures, including the
funding of habitat restoration projects within the Kennebec River
watershed and Merrymeeting Bay Salmon Habitat Recovery Unit, as
discussed in the Final Plan. Brookfield also commits to stocking smolts
in the Sandy River for up to 6 years to support studies to verify
compliance with the proposed upstream and downstream passage standards,
as discussed in the Final Plan.
    l. Location of Filing: A copy of the supplemental information can
be viewed on the Commission's website at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: October 5, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-22171 Filed 10-12-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Pages 64522-64523]
[FR Doc No: 2013-25623]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4149-DR; Docket ID FEMA-2013-0001]

Pennsylvania; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Pennsylvania (FEMA-4149-DR), dated
October 1, 2013, and related determinations.

DATES: Effective Date: October 1, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 1, 2013, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Pennsylvania resulting from severe storms,
tornadoes, and flooding during the period of June 26 to July 11,
2013, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the Commonwealth of Pennsylvania.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to Section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Donald L. Keldsen, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of Pennsylvania have

been designated as adversely affected by this major disaster:

    Centre, Clearfield, Clinton, Crawford, Fayette, Huntingdon,
Jefferson, Lawrence, Venango, and Wayne Counties for Public
Assistance.
    All counties within the Commonwealth of Pennsylvania are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-25623 Filed 10-28-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[
Notices]
[Page 1784-1786]
[DOCID:fr16ja07-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55048; File No. SR-Amex-2006-119]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of a Proposed Rule Change Relating to the Definition
of Complex Trade as Applied to Trades Through the Options Intermarket
Linkage

January 5, 2007.
    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 December 28, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change, as described in Items I, II,
and III below, which Items have been prepared substantially by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Amex proposes to revise Amex Rule 940(b)(3) to amend the
definition of ``Complex Trade.'' The text of the proposed rule change
appears below, with additions italicized and deletions in [brackets]:
Options Intermarket Linkage
    Rule 940 (a) No Change
    (b) Definitions--The following terms shall have the meaning
specified in this Rule solely for the purpose of this Section 4:
    (1)-(2) No Change
    (3) ``Complex Trade'' means the execution of an order in an option
series in conjunction with the execution of one or more related
order(s) in different options series in the same underlying security
occurring at or near the same

time for the purpose of executing a particular investment strategy and
for an equivalent number of contracts, provided that the number of
contracts of the legs of a spread, straddle or combination order may
differ by a permissible ratio [for the equivalent number of contracts
and for the purpose of executing a particular investment strategy]. The
permissible ratio for this purpose is any ratio that is equal to or
greater than one-to-three (.333) and less than or equal to three-to-one
(3.00).
    (4) through (20) No Change
* * * * *

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it 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 substantially 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 Amex proposes to revise Amex Rule 940(b)(3) to amend the
definition of ``Complex Trade.'' For the purpose of the Options
Intermarket Linkage (the ``Linkage''), the Amex defines a ``Complex
Trade'' as a trade reflecting the execution of an order in an options
series in conjunction with one or more other orders in different series
in the same underlying security ``for the equivalent number of
contracts.'' A Complex Trade is exempt from the trade-through rule
provided by Amex Rule 942(b)(7).
    In contrast to the Linkage definition of Complex Trade, the
definition of ``ratio order'' set forth in Amex Rule 950--ANTE(e)(vii)
does not require that there be an equivalent number of contracts in the
orders. Specifically, Rule 950-ANTE(e)(vii) permits ratios that are
equal to or greater than one-to-three and less than or equal to three-
to-one. The Exchange applies modified priority rules to ratio orders as
well as other complex orders, including spread orders, straddle orders,
and combination orders.\3\
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    \3\ See Amex Rule 950-ANTE(d), Commentary .01.
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    This proposal will conform the Linkage definition of Complex Trade
in Amex Rule 940(b)(3) to the Amex's definition of a ratio order.
According to the Amex, the other options exchanges also will adopt a
similar definition, thereby resulting in a uniform application of the
definition of Complex Trade across exchanges. The Amex believes that
this uniformity will facilitate efficient executions of Complex Trades
on all markets. In addition, the Exchange submits that the proposal
will align the Linkage rules with the Amex's internal market rules to
facilitate the trading of complex orders.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\4\ in general, and furthers the objectives of Section 6(b)(5),\5\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, 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.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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 B. Self-Regulatory Organization's Statement on Burden on Competition

    The Amex believes that the proposed rule change will impose no
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

    The Amex neither solicited nor received written comments with
respect to the proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. by order approve such proposed rule change; or
    B. institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-Amex-2006-119 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

    All submissions should refer to File Number SR-Amex-2006-119. 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 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-Amex-2006-119 and should be submitted on or before
February 6, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-384 Filed 1-12-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 59020-59023]
[FR Doc No: 2016-20462]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78636; File No. SR-BatsEDGA-2016-19]

Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Rule 13.8, EDGA Book Feeds, To Adopt a New Market Data Product
Known as EDGA Summary Depth

August 22, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 11, 2016, Bats EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') 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 Exchange
has designated this proposal as a ``non-

controversial'' proposed rule change pursuant to section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders it
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 13.8 to adopt a new
market data product known as EDGA Summary Depth.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend Rule 13.8 to adopt a new market data
product known as EDGA Summary Depth. EDGA Summary Depth would be a data
feed that offers aggregated two-sided quotations for all displayed
orders entered into the System \5\ for up to five (5) price levels for
securities traded on the Exchange and for which the Exchange reports
quotes under the Consolidated Tape Association (``CTA'') Plan or the
Nasdaq/UTP Plan. EDGA Summary Depth also contains the individual last
sale information, Market Status, Trading Status, and Trade Break
messages. The individual last sale information will include the price,
size, and time of execution. The last sale message will also include
the cumulative number of shares executed on the Exchange for that
trading day. The Exchange will disseminate the aggregate Best Bid and
Offer (``BBO'') and last sale information through EDGA Summary Depth no
earlier than it provides its BBO and last sale information to the
processors under the CTA Plan or the Nasdaq/UTP Plan.
---------------------------------------------------------------------------

    \5\ ``System'' is defined as the ``the electronic communications
and trading facility designated by the Board through which
securities orders of Users are consolidated for ranking, execution
and, when applicable, routing away.'' See Exchange Rule 1.5(aa).
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    The Market Status message will reflect a change in the status of
the Exchange. For example, the Market Status message would indicate
whether the Exchange is experiencing a systems issue or disruption
resulting in quotation or trade information not currently being
disseminated as part of the aggregated BBO. The Market Status message
will also indicate when Exchange has resolved a systems issue or
disruption and is properly reflecting the status of the aggregated BBO.
The Trade Break message will indicate when an execution is broken in
accordance with Exchange rules.\6\ The Trading Status message will
indicate the current trading status of a security on the Exchange. For
example, a Trading Status message will be sent when a short sale price
restriction is in effect pursuant to Rule 201 of Regulation SHO
(``Short Sale Circuit Breaker''),\7\ or when the security is subject to
a trading halt, suspension or pause declared by the listing market. A
Trading Status message will be sent whenever a security's trading
status changes.
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    \6\ See, e.g., Exchange Rule 11.15, Clearly Erroneous
Executions.
    \7\ 17 CFR 242.200(g); 17 CFR 242.201.
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    The Exchange intends to offer EDGA Summary Depth as of January 3,
2017. Prior to January 3, 2017, the Exchange will file a separate rule
change with the Commission proposing fees to be charged for EDGA
Summary Depth.\8\
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    \8\ The Exchange understands that its affiliated exchanges
intend to file identical proposed rule changes to adopt rules and
fees for the Book Viewer data feed with the Commission. The
Exchange's affiliates are Bats EDGX Exchange, Inc., (``EDGX''), Bats
BYX Exchange, Inc. (``BYX''), and Bats BZX Exchange, Inc. (``BZX'')
(collectively, the ``Bats Exchanges'').
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2. Statutory Basis
    The Exchange believes that the proposed rule change 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 acts and practices,
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 to protect investors and the public
interest, and that it is not designed to permit unfair discrimination
among customers, brokers, or dealers. This proposal is in keeping with
those principles in that it promotes increased transparency through the
dissemination of EDGA Summary Depth. The Exchange also believes this
proposal is consistent with section 6(b)(5) of the Act because it
protects investors and the public interest and promotes just and
equitable principles of trade by providing investors with an
alternative for receiving market data as requested by market data
vendors and purchasers that expressed an interest in exchange-only data
for instances where consolidated data is no longer required to be
purchased and displayed. The proposed rule change would benefit
investors by facilitating their prompt access to real-time depth-of-
book information contained in EDGA Summary Depth.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change is
consistent with section 11(A) of the Act \11\ in that it supports (i)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets and
(ii) the availability of information with respect to quotations for and
transactions in securities to brokers, dealers, and investors.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\12\ which provides that any national securities
exchange that distributes information with respect to quotations for or
transactions in an NMS stock do so on terms that are not unreasonably
discriminatory. EDGA Summary Depth would be accessed and subscribed to
on a voluntary basis, in that neither the Exchange nor market data
distributors are required by any rule or regulation to make this data
available. Accordingly, distributors and subscribers can discontinue
their use at any time and for any reason.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78k-1.
    \12\ See 17 CFR 242.603.
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the data products proposed

herein are precisely the sort of market data products that the
Commission envisioned when it adopted Regulation NMS. The Commission
concluded that Regulation NMS--by lessening regulation of the market in
proprietary data--would itself further the Act's goals of facilitating
---------------------------------------------------------------------------
efficiency and competition:

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\13\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005) (File No. S7-10-04) (``Regulation
NMS Adopting Release'').

By removing ``unnecessary regulatory restrictions'' on the ability of
exchanges to sell their own data, Regulation NMS advanced the goals of
the Act and the principles reflected in its legislative history.
    In addition, EDGA Summary Depth removes impediments to and perfects
the mechanism of a free and open market and a national market system by
providing investors with alternative market data and competing with
similar market data products currently offered by the New York Stock
Exchange, Inc. (``NYSE'') and the Nasdaq Stock Market LLC
(``Nasdaq'').\14\ The provision of new options for investors to receive
market data was a primary goal of the market data amendments adopted by
Regulation NMS.\15\
---------------------------------------------------------------------------

    \14\ See Nasdaq Rule 7023(a)(1)(C) (describing Nasdaq TotalView
as a depth-of-book data feed that includes all orders and quotes
from all Nasdaq members displayed in the Nasdaq Market Center as
well as the aggregate size of such orders and quotes at each price
level in the execution functionality of the Nasdaq Market Center).
See NYSE OpenBook available at http://www.nyxdata.com/openbook (last
visited July 5, 2016) (providing real-time view of the NYSE limit
order book including the aggregated size at each price level). See
Securities Exchange Act Release Nos. 46843 (November 18, 2002), 67
FR 70471 (November 22, 2002) (SR-NASD-2002-33) (order approving fees
for Nasdaq TotalView); and 45138 (December 7, 2001), 66 FR 64895
(December 14, 2001) (SR-NYSE-2001-42) (order approving fees for NYSE
OpenBook).
    \15\ See Regulation NMS Adopting Release, supra note 13.
---------------------------------------------------------------------------

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.\16\ The Exchange
believes that the proposal will promote competition by enabling the
Exchange to offer a market data product similar to that currently
offered by the NYSE and Nasdaq.\17\ Thus, the Exchange believes this
proposed rule change is necessary to permit fair competition among
national securities exchanges.
---------------------------------------------------------------------------

    \16\ The Bats One Feed is a data feed that disseminates, on a
real-time basis, the aggregate BBO of all displayed orders for
securities traded on each of the Bats Exchanges and for the Bats
Exchanges report quotes under the CTA Plan or the Nasdaq/UTP Plan.
The Bats One Feed also contains the individual last sale information
for the Bats Exchanges (collectively with the aggregate BBO, the
``Bats One Summary Feed''). In addition, the Bats One Feed contains
optional functionality which enables recipients to receive
aggregated two-sided quotations from the Bats Exchanges for up to
five (5) price levels (``Bats One Premium Feed''). See Exchange Rule
13.8(b). See also Securities Exchange Act Release No. 73918
(December 23, 2014), 79 FR 78920 (December 31, 2014) (File Nos. SR-
EDGX-2014-25; SR-EDGA-2014-25; SR-BATS-2014-055; SR-BYX-2014-030)
(Notice of Amendments No. 2 and Order Granting Accelerated Approval
to Proposed Rule Changes, as Modified by Amendments Nos. 1 and 2, to
Establish a New Market Data Product called the Bats One Feed)
(``Bats One Approval Order''). The Exchange uses the following data
feeds to create the Bats One Feed, each of which are available to
vendors: EDGX Depth, EDGA Depth, BYX PITCH Feed, and the BZX PITCH
Feed. The Exchange notes that a vendor could utilize the proposed
EDGA Summary Depth Feed, as well as the summarized depth feeds to be
proposed by BYX, BZX, and EDGX to create a competing product to the
Bats One Feed. Supra note 8. The Exchange represents that a
competing vendor could obtain these data feeds from each Bats
Exchange on the same latency basis as the system that performs the
aggregation and consolidation of the Bats One Feed. See Bats One
Approval Order. While the proposed EDGA Summary Depth Feed does not
contain the symbol summary or consolidated volume data included in
the Bats One Feed, a vendor could include this information in a
competing product as this information is easily derivable from the
proposed feeds or can be obtained from the securities information
processors on the same terms as the Exchange.
    \17\ See supra note 14.
---------------------------------------------------------------------------

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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, it has become effective pursuant to section
19(b)(3)(A) of the Act \18\ and Rule 19b-4(f)(6) thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). 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.
---------------------------------------------------------------------------

    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_ADDRESS>Please include
File No. SR-BatsEDGA-2016-19 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 No. SR-BatsEDGA-2016-19. 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
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; 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 No. SR-BatsEDGA-2016-19, and should be submitted on or before
September 16, 2016.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20462 Filed 8-25-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Notices]
[Page 25665]
[FR Doc No: 2016-10080]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-106-000.
    Applicants: Covanta Union, LLC.
    Description: Application of Covanta Union, LLC for Authority to
Transfer Jurisdictional Facilities and Request for Expedited
Consideration and Waiver.
    Filed Date: 4/22/16.
    Accession Number: 20160422-5235.
    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: EC16-107-000.
    Applicants: Greenleaf Energy Unit 1 LLC, Natgas Greenleaf Holdings,
LLC.
    Description: Joint Application of Greenleaf Energy Unit 1 LLC, et
al. for Authorization Under FPA Section 203 and Request for
Confidential Treatment, Expedited Consideration, and Waivers.
    Filed Date: 4/22/16.
    Accession Number: 20160422-5285.
    Comments Due: 5 p.m. ET 5/13/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-1151-002.
    Applicants: Maine GenLead, LLC.
    Description: Notice of Change in Fact of Maine GenLead, LLC.
    Filed Date: 4/22/16.
    Accession Number: 20160422-5245.
    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1488-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 15-
00055 NPC-NPC 2nd Amdmt Dry Lake to be effective 4/18/2016.
    Filed Date: 4/22/16.
    Accession Number: 20160422-5179.
    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1489-000.
    Applicants: North Star Gas Company LLC.
    Description: Baseline eTariff Filing: North Star Gas Baseline
Electric Tariff Filing to be effective 5/23/2016.
    Filed Date: 4/22/16.
    Accession Number: 20160422-5216.
    Comments Due: 5 p.m. ET 5/13/16.

    Docket Numbers: ER16-1490-000.
    Applicants: Madison Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Certificates of Concurrence
to be effective 6/22/2016.
    Filed Date: 4/22/16.
    Accession Number: 20160422-5222.
    Comments Due: 5 p.m. ET 5/13/16.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF15-793-000; QF15-794-000; QF15-795-000.
    Applicants: SunE B9 Holdings, LLC.
    Description: Refund Report of SunE B9 Holdings, LLC.
    Filed Date: 4/22/16.
    Accession Number: 20160422-5278.
    Comments Due: 5 p.m. ET 5/16/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 25, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-10080 Filed 4-28-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13737-13739]
[FR Doc No: 2023-04372]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0328; Airspace Docket No. 22-ASO-37]
RIN 2120-AA66

Revocation, Amendment, and Establishment of Air Traffic Service
(ATS) Routes Due to the Decommissioning of the Greene County, MS, VOR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to remove Jet Route J-590, amend Very
High Frequency (VHF) Omnidirectional Range (VOR) Federal airways V-11
and V-70, and establish Area Navigation (RNAV) route T-365. The FAA is
proposing this action due to the planned decommissioning of the VOR
portion of the Greene County, MS (GCV), VOR/Tactical Air Navigation
(VORTAC) navigational aid (NAVAID). The Greene County VOR is being
decommissioned in support of the FAA's VOR Minimum Operational Network
(MON) program.

DATES: Comments must be received on or before April 20, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0328 and
Airspace Docket No. 22-ASO-37 using any of the following methods:
    * Federal eRulemaking Portal: Go to 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, 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 www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
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.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the National Airspace System (NAS) as
necessary to preserve the safe and efficient flow of air traffic.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Operations Support Group,
Central Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Jet Routes are published in paragraph 2004, VOR Federal airways are
published in paragraph 6010(a), and United States Area Navigation
Routes

(T-routes) are published in paragraph 6011 of FAA Order JO 7400.11,
Airspace Designations and Reporting Points, which is incorporated by
reference in 14 CFR 71.1 on an annual basis. This document proposes to
amend the current version of that order, FAA Order JO 7400.11G, dated
August 19, 2022, and effective September 15, 2022. These updates would
be published in the next update to FAA Order JO 7400.11. That order is
publicly available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

Background

    The FAA is planning to decommission the VOR portion of the Greene
County, MS (GCV), VORTAC in October 2023. The Greene County VOR was one
of the candidate VORs identified for discontinuance by the FAA's VOR
MON program and listed in the final policy statement notice,
``Provision of Navigation Services for the Next Generation Air
Transportation System (NextGen) Transition to Performance-Based
Navigation (PBN) (Plan for Establishing a VOR Minimum Operational
Network),'' published in the Federal Register of July 26, 2016 (81 FR
48694), Docket No. FAA-2011-1082. Although the VOR portion of the
Greene County VORTAC is planned for decommissioning, the co-located
Tactical Air Navigation (TACAN) is being retained to provide
navigational service for military operations and Distance Measuring
Equipment (DME) service in support of current and future RNAV
procedures.
    The ATS routes affected by the Greene County VOR decommissioning
are Jet Route J-590 and VOR Federal airways V-11 and V-70. The
remaining ground-based NAVAID coverage in the area is insufficient to
enable the continuity of J-590, V-11, or V-70 within the affected area.
As such, the FAA proposes to remove J-590. The FAA also proposes to
remove portions of V-11 and V-70, as the planned decommissioning of the
Greene County VOR would create gaps in those airways.
    To address the removal of Jet Route J-590, instrument flight rules
(IFR) traffic could use adjacent Jet Routes J-2, J-37, J-50, and J-138
or receive air traffic control (ATC) radar vectors to fly through or
around the affected area. Aircraft equipped with RNAV capabilities
could also use RNAV routes Q-22, Q-24, and Q-56 or file point to point
through the affected area using the fixes and waypoints (WP) that will
remain in place.
    To address impacts from the loss of portions of V-11 and V-70, IFR
traffic could use adjacent VOR Federal airways V-114, V-222, and V-552,
or receive ATC radar vectors to fly through or around the affected
area. Aircraft equipped with RNAV capabilities could also use RNAV
routes T-292 and T-406 or the new T-365 proposed to be established in
this action, or file point to point through the affected area using the
fixes and WPs that will remain in place. Visual flight rules (VFR)
pilots who elect to navigate via the affected ATS routes could also
take advantage of the adjacent ATS routes or ATC services listed
previously.
    In addition, the FAA proposes to establish a new RNAV route, T-365,
to overlap the V-11 airway segments proposed to be removed. This new
RNAV route would not only provide an additional mitigation to the
proposed modification to V-11, but also support the FAA's NextGen
efforts to modernize the NAS navigation system from ground-based to
satellite-based.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by removing Jet
Route J-590, amending VOR Federal airways V-11 and V-70, and
establishing RNAV route T-365 due to the planned decommissioning of the
VOR portion of the Greene County, MS, VORTAC. The proposed ATS route
actions are described below.
    J-590: J-590 currently extends between the Lake Charles, LA, VORTAC
and the Montgomery, AL, VORTAC. The FAA proposes to remove the Jet
Route segment overlying the Greene County VORTAC between the Fighting
Tiger, LA, VORTAC and the Montgomery VORTAC due to the Greene County
VOR being decommissioned. Additionally, the FAA proposes to remove the
Jet Route segment between the Lake Charles VORTAC and the Fighting
Tiger VORTAC as it overlays the same Jet Route segment as J-2 and J-
138, and RNAV route segment as Q-24. As a result, the Jet Route would
be removed in its entirety.
    V-11: V-11 currently extends between the Brookley, AL, VORTAC and
the Magnolia, MS, VORTAC; and between the Cunningham, KY, VOR/Distance
Measuring Equipment (VOR/DME) and the intersection of the Fort Wayne,
IN, VORTAC 038[deg] and Flag City, OH, VORTAC 308[deg] radials (the
EDGEE fix). The FAA proposes to remove the airway segment overlying the
Greene County VORTAC between the Brookley VORTAC and the Magnolia
VORTAC. As amended, the airway would extend between the Cunningham VOR/
DME and the intersection of the Fort Wayne VORTAC 038[deg] and Flag
City VORTAC 308[deg] radials (the EDGEE fix).
    V-70: V-70 currently extends between the Monterrey, Mexico, VOR/DME
and the Allendale, SC, VOR; and between the Grand Strand, SC, VORTAC
and the Cofield, NC, VORTAC. The portions of V-70 within Mexico are
excluded from this proposal. The FAA proposes to remove the airway
segment overlying the Greene County VORTAC between the Picayune, MS,
VOR/DME and the Monroeville, AL, VORTAC. As amended, the airway would
extend between the Monterrey, Mexico, VOR/DME and the Picayune VOR/DME,
between the Monroeville VORTAC and the Allendale VOR, and between the
Grand Strand VORTAC and the Cofield VORTAC. If implemented as proposed,
the portions of V-70 within Mexico would continue to be excluded.
    T-365: T-365 is a new RNAV route that would extend between the
Brookley, AL, VORTAC and the Magnolia, MS, VORTAC. This T-route would
mitigate the loss of the V-11 airway segment proposed to be removed and
provide RNAV routing capability from the Mobile, AL, area northwestward
to the Jackson, MS, area.
    All NAVAID radials in the VOR Federal airway descriptions below are
unchanged and stated in degrees True north.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11G,
Airspace Designations and Reporting Points, dated August 19, 2022, and
effective September 15, 2022, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-590 [Removed]

* * * * *

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-11 [Amended]

    From Cunningham, KY; Pocket City, IN; Brickyard, IN; Marion, IN;
Fort Wayne, IN; to INT Fort Wayne 038[deg] and Flag City, OH,
308[deg] radials.
* * * * *

V-70 [Amended]

    From Monterrey, Mexico; Brownsville, TX; INT Brownsville
338[deg] and Corpus Christi, TX, 193[deg] radials; 34 miles standard
width, 37 miles 7 miles wide (4 miles E and 3 miles W of
centerline), Corpus Christi; INT Corpus Christi 054[deg] and
Palacios, TX, 226[deg] radials; Palacios; Scholes, TX; Sabine Pass,
TX; Lake Charles, LA; Lafayette, LA; Fighting Tiger, LA; to
Picayune, MS. From Monroeville, AL; INT Monroeville 073[deg] and
Eufaula, AL, 258[deg] radials; Eufaula; Vienna, GA; to Allendale,
SC. From Grand Strand, SC; Wilmington, NC; Kinston, NC; INT Kinston
050[deg] and Cofield, NC, 186[deg] radials; to Cofield. The airspace
within Mexico is excluded.
* * * * *

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-365 Brookley, AL (BFM) to Magnolia, MS (MHZ) [New]
Brookley, AL (BFM)                      VORTAC                                  (Lat. 30[deg]36'45.80'' N, long. 088[deg]03'19.78'' W)
GARTS, MS                               WP                                      (Lat. 31[deg]05'52.39'' N, long. 088[deg]29'10.68'' W)
Magnolia, MS (MHZ)                      VORTAC                                  (Lat. 32[deg]26'02.65'' N, long. 090[deg]05'59.18'' W)

* * * * *

    Issued in Washington, DC, on February 27, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-04372 Filed 3-3-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Notices]
[Page 19941]
[FR Doc No: 2021-07664]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Release Certain Properties From All Terms,
Conditions, Reservations and Restrictions of a Quitclaim Deed Agreement
Between the City of Melbourne and the Federal Aviation Administration
for the Melbourne International Airport, Melbourne, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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

SUMMARY: The FAA hereby provides notice of intent to release 4.93 acres
at the Melbourne International Airport, Melbourne, FL from the
conditions, reservations, and restrictions as contained in a Quitclaim
Deed agreement between the FAA and the City of Melbourne, dated August
6, 1947. The release of property will allow the City of Melbourne to
use the property for other than aeronautical purposes. The property is
located located on the northwest corner of West NASA Blvd. and Air
Terminal Parkway at the Melbourne International Airport in Brevard
County. The parcel is currently designated as surplus property. The
property will be released of its federal obligations for the purpose of
providing a long-term non-aeronautical lease to a private developer to
build a hotel, hotel parking area, and storm water detention pond. The
fair market value lease of this parcel has been determined to be
$197,570,74.
    Documents reflecting the Sponsor's request are available, by
appointment only, for inspection at the Melbourne International Airport
and the FAA Airports District Office.

DATES: Comments are due on or before May 17, 2021.

ADDRESSES: Documents are available for review at Melbourne
International Airport, and the FAA Airports District Office, 8427
SouthPark Circle, Suite 524, Orlando, FL 32819. Written comments on the
Sponsor's request must be delivered or mailed to: Marisol Elliott,
Community Planner, Orlando Airports District Office, 8427 SouthPark
Circle, Suite 524, Orlando, FL 32819.

FOR FURTHER INFORMATION CONTACT: Marisol Elliott, Community Planner,
Orlando Airports District Office, 8427 SouthPark Circle, Suite 524,
Orlando, FL 32819. Phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

Bartholomew Vernace,
Manager, Orlando Airports District Office, Southern Region.
[FR Doc. 2021-07664 Filed 4-14-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68730-68734]
[FR Doc No: 2023-21937]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98591; File No. SR-CboeEDGX-2023-060]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Its Automated Price Improvement Auction Rules

September 28, 2023.
    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 September 27, 2023, Cboe EDGX Exchange, Inc. (the ``Exchange''
or ````EDGX'''') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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 EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') proposes to
amend its automated price improvement auction rules. 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/options/regulation/rule_filings/edgx/), 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 proposes to amend provisions in Rule 21.19 (Automated
Price Improvement Mechanism (``AIM'' or ``AIM Auction'')) and Rule
21.22 (Complex Automated Improvement Mechanism (``C-AIM'' or ``C-AIM
Auction'')) regarding concurrent AIM and C-AIM Auctions, respectively.
The Exchange also proposes to update the provisions in those Rules
regarding the minimum increment.
    By way of background, Rules 21.19 and 21.22 contain the
requirements applicable to the execution of orders using AIM and C-AIM,
respectively. The AIM and C-AIM auctions are electronic auctions
intended to provide orders that Members represent as agent (``Agency
Orders'') with opportunities to receive price improvement (over the
National Best Bid or Offer (``NBBO'') in AIM, or the synthetic best bid
or offer (``SBBO'') on the Exchange in C-AIM). Upon submitting an
Agency Order into an AIM or C-AIM auction, the initiating Member
(``Initiating Member'') must also submit a contra-side second order
(``Initiating Order'') for the same size as the Agency Order. The
Initiating Order guarantees that the Agency Order will receive an
execution at no worse than the auction price (i.e., acts as a stop).
During an AIM or C-AIM Auction, market participants may submit
responses to trade against the Agency Order. At the end of an auction,
depending on the contra-side interest available, the Initiating Order
may be allocated a certain percentage of the Agency Order.\5\
---------------------------------------------------------------------------

    \5\ See generally Rules 21.19(e) and 21.22(e).
---------------------------------------------------------------------------

    An Initiating Member may initiate an AIM or C-AIM auction provided
that the Agency Order is in a class and of sufficient size as
determined by the Exchange.\6\ Upon receipt of an Agency Order, the AIM
or C-AIM auction process commences. Currently, under Rule 21.19(c)(1),
for Agency Orders for less than 50 standard option contracts (or 500
mini-option contracts), only one AIM Auction may be ongoing at any
given time in a series, and AIM Auctions in the same series may not
queue or overlap in any manner. One or more AIM Auctions in the same
series for Agency Orders of 50 standard option contracts (or 500 mini-
option contracts) or more may occur at the same time. The Exchange
proposes amending Rule 21.19(c)(1) to allow one or more AIM Auctions in
the same series to occur at the same time for Agency Orders for less
than 50 standard option contracts (or 500 mini-option contracts). This
would effectively allow for one or more AIM Auctions in the same series
to occur at the same time for orders of all sizes. Concurrent AIM
Auctions for these smaller-sized orders will occur in the same manner
as concurrent AIM Auctions for orders of 50 or more contracts occur
today.\7\
---------------------------------------------------------------------------

    \6\ See generally Rules 21.19(a) and 21.22(a).
    \7\ See Rule 21.19(c)(1) (which provides that if there is more
than one AIM Auction in a series underway at a time, those auctions
will conclude sequentially based on the exact time each auction
commenced, including if they are terminated early pursuant to Rule
21.19(d)); and Rule 21.22(c)(1)(A) and (B) (which provides that if
there is more than one C-AIM Auction in a complex strategy underway
at a time, those auctions will conclude sequentially based on the
exact time each auction commenced, including if they are terminated
early pursuant to Rule 21.22(d)).
---------------------------------------------------------------------------

    Similarly, under current Rule 21.22(c)(1)(A), with respect to
Agency Orders for which the smallest leg is less than 50 standard
option contracts (or 500 mini-option contracts), only one C-AIM Auction
may be ongoing at any given time in a complex strategy, and C-AIM
Auctions in the same complex strategy may not queue or overlap in any
manner. One or more C-AIM Auctions in the same complex strategy for
Agency Orders for which the smallest leg is 50 standard option
contracts (or 500 mini-option contracts) or more may occur at the same
time. The Exchange proposes amending Rule 21.22(c)(1)(A) to allow one
or more C-AIM Auctions in a complex strategy to occur at the same time
for Agency Orders for which the smallest leg is less than 50 standard
option contracts (or 500 mini-option contracts). This would

effectively allow for one or more C-AIM Auctions in the same complex
strategy to occur at the same time for complex orders of all sizes. The
Exchange believes this proposed functionality will allow more AIM
Auctions in the same series and more C-AIM Auctions in the same complex
strategy to be conducted, thereby increasing opportunities for price
improvement on the Exchange to the benefit of all market participants.
    Currently, if an Agency Order of fewer than 50 contracts (or 500
mini-option contracts) is submitted to AIM or C-AIM while an AIM or C-
AIM Auction is in progress, the Agency order is rejected. The proposal
to add concurrent AIM and C-AIM Auctions for Agency Orders of any size,
including for Agency Orders of fewer than 50 contracts (or 500 mini-
option contracts), would also prevent the rejection of these smaller
Agency Orders that occurs when such smaller Agency Orders are submitted
while an AIM or C-AIM Auction is in progress. By eliminating this
rejection scenario, the Exchange would increase execution and price
improvement opportunities for these smaller Agency orders to the
benefit of investors.
    The Exchange notes that allowing more than one price improvement
auction at a time in the same series for paired agency orders of fewer
than 50 contracts is not new or novel and is current functionality on
at least one other options exchange.\8\ While the Exchange is unaware
of another options exchange that offers concurrent price improvement
auctions for orders in complex strategies for which the smallest leg is
fewer than 50 contracts, other options exchanges (as well as the
Exchange) permit simple price improvement auctions to occur
simultaneously with complex price improvement auctions for complex
strategies involving the same series, with no size restrictions.\9\
Having simple price improvement auctions in multiple legs of a complex
strategy in progress at the same time as a complex price improvement
auction for that complex strategy for orders of any size is similar to
two complex price improvement auctions in the same complex strategy
being in progress at the same time. Additionally, the benefits of
allowing concurrent price improvement auctions for simple orders of all
sizes and complex strategies with 50 contracts in the smallest leg or
more (as described above) would apply to concurrent price improvement
auctions for complex strategies with fewer than 50 contracts in the
smallest leg. Specifically, allowing concurrent C-AIM Auctions in the
same complex strategy if the smallest leg has fewer than 50 contracts
would benefit investors because it would afford smaller-sized complex
orders increased opportunities to solicit price-improving auction
interest. The Exchange further believes this proposed change would
provide additional benefits to customers, as smaller-sized orders tend
to represent retail interest, and could improve the customer experience
on the Exchange by increasing trading opportunities in the C-AIM
Auctions.
---------------------------------------------------------------------------

    \8\ See, e.g., NYSE American LLC (``NYSE American'') Rule
971.1NYP(c) (as recently amended) (see Securities Exchange Act
Release No. 97938 (July 18, 2023), 88 FR 47536 (July 24, 2023) (SR-
NYSEAMER-2023-35) (permitting concurrent simple price improvement
auctions).
    \9\ See, e.g., NYSE American Rule 971.1NYP, Commentary .01; BOX
Exchange LLC (``BOX'') Rules 7150, IM-7150-1 and 7245, IM-7245-2;
and Nasdaq ISE, LLC (``ISE'') Options 3, Sections 11(g) and 13,
Supplementary Material .04.
---------------------------------------------------------------------------

    The proposal to allow concurrent AIM and C-AIM Auctions for Agency
Orders for less than 50 contracts (or 500 mini-option contracts) in the
same series or complex strategy, respectively, would benefit investors
because it would afford smaller-sized Agency Orders increased
opportunities for price improvement, including because such smaller
Agency Orders would no longer be rejected if submitted while an AIM or
C-AIM Auction is in progress.
    The Exchange also proposes to amend the minimum increment
requirement for AIM and C-AIM Auctions. Rules 21.19(a)(4) and
21.22(a)(4) currently require the price of the Agency Order and
Initiating Order to be in an increment of $0.01, for AIM and C-AIM
Auctions respectively. The Exchange proposes amending Rules 21.19(a)(4)
and 21.22(a)(4) to require the price of the Agency Order and Initiating
Order to be in an increment the Exchange determines on a class basis,
which may be smaller than $0.01.\10\ The Exchange notes that currently
the minimum increment for AIM and C-AIM auctions for all classes listed
on the Exchange is $0.01, so the proposed rule amendments result in no
changes from a practical perspective; however, because the minimum
quoting increment for certain classes is greater than $0.01 in
accordance with Rule 21.5, it is possible the Exchange may determine to
have a different minimum increment for AIM and C-AIM auctions.
Additionally, these proposed amendments further align the Exchange
Rules with that of its affiliate, Cboe Exchange, Inc.
---------------------------------------------------------------------------

    \10\ As part of the proposed rule change, the Exchange proposes
to amend other provisions within Rules 21.19 and 21.22 which
explicitly reference the minimum increment of $0.01, to reflect the
proposed change; specifically, the Exchange proposes to amend Rule
21.19(b)(1)(A), (b)(1)(B), (b)(2)(A), (b)(2)(B), (c)(5)(A), and
(c)(5)(B), and Rule 21.22(b)(1)(A), (b)(2), (b)(3)(A), (c)(5)(A),
and (c)(5)(B).
---------------------------------------------------------------------------

    The Exchange will continue to protect smaller-sized simple Agency
Orders in minimum increment-wide markets by requiring price improvement
of at least one minimum increment for such orders and rejecting such
orders in minimum increment-wide markets that do not provide for such
price improvement.\11\ Additionally, the Exchange will continue to
protect Priority Customers on the Simple Book by requiring price
improvement of at least one minimum increment better than the SBBO if
the applicable side of the BBO on any component of the complex Agency
Order complex strategy represents a Priority Customer on the Simple
Book.\12\ These protections would apply when the proposed concurrent
Auctions are occurring. Thus, the Exchange believes the proposed
changes should allow the Exchange to better compete for auction-related
order flow that may lead to an increase in Exchange volume, while
continuing to ensure that displayed customer interest on the Book is
protected, to the benefit of all market participants.
---------------------------------------------------------------------------

    \11\ See Rule 21.19(b)(1). The proposed rule change continues to
provide price improvement assurances for those for buy (sell) Agency
Orders submitted for AIM Auction processing with less than 50
standard option contracts (or 500 mini-option contracts) and NBBO
width equaling the minimum increment, pursuant to Rule
21.19(b)(1)(A), as amended.
    \12\ See Rule 21.22(b)(1).
---------------------------------------------------------------------------

    The Exchange believes that its System has sufficient capacity to
process a large volume of concurrent AIM and C-AIM Auctions for Agency
Orders of any size, including for Agency Orders of fewer than 50
contracts (or 500 mini-option contracts).
    Additionally, the Exchange proposes to amend Rule 21.22(c)(1)(B)
related to early termination priority in the event of concurrent AIM
and C-AIM Auctions. Currently, if the System receives a simple order
that causes AIM and C-AIM (or multiple AIM and/or C-AIM) Auctions to
end in early termination, the System first processes AIM Auctions (in
price-time priority) and then processes C-AIM Auctions (in price-time
priority). The Exchange proposes to update Rule 21.22(c)(1)(B) to
provide for the processing of early terminations in time priority in
these instances. Under the proposed rule, if the System receives a
simple order that causes AIM and C-AIM (or multiple AIM and/or C-AIM)
Auctions to end in early termination, the System will continue to first
process AIM Auctions (sequentially based on the exact time each AIM
Auction commenced) and then process

C-AIM Auctions (sequentially based on the exact time each C-AIM Auction
commenced), which is consistent with the priority the System processes
concurrent AIM Auctions and concurrent C-AIM Auctions.
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.\13\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \14\ 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) \15\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ Id.
---------------------------------------------------------------------------

    The Exchange believes the proposal to permit concurrent AIM and C-
AIM Auctions for Agency Orders for less than 50 contracts (or 500 mini-
option contracts) in the same series or complex strategy, respectively,
would remove impediments to and perfect the mechanisms of a free and
open market and a national market system because it would extend
concurrent auction functionality to smaller-sized Agency Orders. The
Exchange also believes this proposed change is non-controversial
because it does not raise any issues that differ from those previously
considered when the Exchange and other options exchanges adopted this
functionality for larger-sized agency orders submitted to price
improvement auctions, or when another options exchange adopted this
functionality (pursuant to an immediately effective, noncontroversial
rule filing) for smaller-sized simple agency orders submitted into a
price improvement auction.\16\ The Exchange believes the proposal will
benefit investors because it would afford smaller-sized Agency Orders
increased opportunity to solicit price-improving auction interest. The
Exchange further believes that this proposed rule change would provide
additional benefits to customers, as smaller-sized Agency Orders tend
to represent retail interest, and could improve the customer experience
on the Exchange by increasing trading opportunities in AIM and C-AIM
Auctions. Notwithstanding the proposal to allow concurrent AIM auctions
for smaller-sized Agency Orders, the Exchange would continue to protect
customer interest on the simple Book by requiring price improvement
over the BBO to initiate an Auction for smaller-sized Agency Orders and
rejecting such orders in increment wide markets when price improvement
is not possible. Additionally, the Exchange will continue to protect
Priority Customers on the Simple Book by requiring price improvement of
at least one minimum increment better than the SBBO if the applicable
side of the BBO on any component of the complex Agency Order complex
strategy represents a Priority Customer on the Simple Book.\17\
---------------------------------------------------------------------------

    \16\ See supra note 8.
    \17\ See supra note 12.
---------------------------------------------------------------------------

    Further, the Exchange believes the proposed new functionality to
allow concurrent AIM and C-AIM auctions for Agency Orders of any size
is consistent with the Act, as the proposed rule changes will prevent
the rejection of these smaller Agency Orders that occurs when such
smaller Agency Orders are submitted while an AIM or C-AIM Auction is in
progress, which the Exchange believes will increase execution
opportunities for these smaller Agency orders to the benefit of
investors. For example, in July 2023, the new functionality would have
provided investors with additional price improvement and execution
opportunities via approximately 4,500 additional AIM or C-AIM Auctions
that were otherwise rejected due to current concurrency limitations.
    The Exchange also believes this proposed new functionality to allow
concurrent AIM and C-AIM auctions for Agency Orders of any size should
promote and foster competition and provide more options contracts with
the opportunity for price improvement, which should benefit all market
participants. In addition, this proposed change may lead to an increase
in Exchange volume and should allow the Exchange to better compete
against other markets that permit overlapping price improvement
auctions, while continuing to ensure that displayed customer interest
on the simple Book is protected. The proposed enhancement to allow
concurrent auctions for Agency Orders of any size would be a
competitive change and may make the Exchange a more attractive venue
for auction-related order flow. As noted above, the Exchange believes
that its trading platform has sufficient capacity to process a large
volume of concurrent Auctions for Agency Orders of any size, including
for Agency Orders of fewer than 50 contracts (or 500 mini-option
contracts).
    Further, the Exchange believes its proposal to amend its AIM and C-
AIM Rules to require the minimum increment for AIM and C-AIM Auctions
to be in an increment the Exchange determines on a class basis, which
may be no smaller than $0.01, and to update provisions within the Rules
to reference this increment, would remove impediments to and perfect
the mechanisms of a free and open market and a national market system.
The purpose of the AIM and C-AIM Auction mechanisms is to provide price
improvement opportunities. By expanding the minimum increment
requirement, such price improvement opportunities could, in the future,
be expanded to additional classes that may have a minimum increment
greater than $0.01.
    Further, certain provisions in the AIM and C-AIM Rules require
price improvement, for example, for smaller orders where the width of
the NBBO is as narrow as possible. However, if the minimum increment
for a class is, for example, $0.05, it would not be possible to price
improve penny-wide market in the permissible minimum increment of
$0.05. The Exchange believes the proposal, which is consistent with the
original intention of current AIM and C-AIM rules, will ensure such
orders receive this price improvement when the NBBO is as narrow as
possible, to the benefit of the marketplace and investors.
    Finally, the Exchange believes the proposed rule change related to
the processing of AIM and C-AIM Auctions in the event of early
termination will promote just and equitable principles of trade, in
accordance with the Act. The Exchange believes processing concurrent
AIM and C-AIM Auctions that end in early termination in time priority
is a fair and equitable process, and consistent with the priority
applicable to concurrent AIM Auctions and concurrent C-AIM Auctions
when they are terminated early.

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 does not
believe the proposed rule change will impose any burden on intramarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act, because it will apply uniformly to Members. The
proposed rule change will result in smaller orders receiving the same
opportunities for execution and price improvement through AIM and C-AIM
that are already afforded to larger orders, which are not subject to
the concurrency restriction.
    As noted above, the proposed rule change proposal to amend its AIM
and C-AIM Rules to require the minimum increment for AIM and C-AIM
Auctions to be in an increment the Exchange determines on a class
basis, which may be no smaller than $0.01, and to update provisions
within the Rules to reference this increment will ensure that all
classes that may be listed on the Exchange may be eligible for AIM and
C-AIM Auctions, which the Exchange believes will result in orders in
all classes receiving the same price improvement opportunities through
AIM and C-AIM, in a consistent manner. Further, the Exchange does not
believe the proposed rule change related to the processing of AIM and
C-AIM Auctions in the event of early termination will impose any burden
on intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as it will apply in the same
manner to all Agency Orders.
    Additionally, the Exchange notes that participation in the AIM and
C-AIM Auctions is completely voluntary. The Exchange believes all
market participants, particular those that submit smaller orders, may
benefit from any additional liquidity, execution opportunities, and
price improvement in the AIM and C-AIM Auctions that may result from
the proposed rule change.
    The Exchange does not believe the proposed rule change will impose
any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that it operates in a highly competitive market in which market
participants can readily direct order flow to competing venues who
offer similar functionality. The Exchange believes this proposed rule
change would promote fair competition among the options exchanges and
establish more uniform functionality across the various price
improvement auctions offered by other options exchanges. The proposed
functionality may lead to an increase in Exchange volume and should
allow the Exchange to better compete against other options markets that
already offer similar price improvement mechanisms and for this reason
the proposal does not create an undue burden on intermarket
competition. By contrast, not having the proposed functionality places
the Exchange at a competitive disadvantage vis-[agrave]-vis other
exchanges that offer similar price improvement mechanisms. As noted
above, another options exchange adopted this functionality (pursuant to
an immediately effective, noncontroversial rule filing) to allow for
concurrent price improvement auctions for smaller-sized simple agency
orders,\18\ and other options exchanges (as well as the Exchange)
permit simple price improvement auctions to occur simultaneously with
complex price improvement auctions for complex strategies involving the
same series, with no size restrictions.\19\
---------------------------------------------------------------------------

    \18\ See supra note 8.
    \19\ See supra note 9. The Exchange also notes that the proposed
change to the minimum increment requirement for AIM and C-AIM
Auctions is consistent with at least one other exchange, namely Cboe
Exchange, Inc.
---------------------------------------------------------------------------

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 \20\ and Rule 19b-
4(f)(6) \21\ thereunder. At any time within 60 days of the filing of
the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission will
institute proceedings to determine whether the proposed rule change
should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 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 Commission has waived the five-day prefiling requirement in this
case.
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeEDGX-2023-060 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-CboeEDGX-2023-060. 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 (https://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 the 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-CboeEDGX-2023-060 and should be submitted on or before
October 25, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-21937 Filed 10-3-23; 8:45 am]
BILLING CODE 8011-01-P