[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Rules and Regulations]
[Pages 4996-4998]
[FR Doc No: 2019-02679]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31238; Amdt. No. 3839]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective February 20, 2019. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 20, 2019.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73125. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial

number of small entities under the criteria of the Regulatory
Flexibility Act.

List of Subjects in 14 CFR Part 97:

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on February 8, 2019.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 28 March 2019

Lewisport, KY, Hancock Co-Ron Lewis Field, RNAV (GPS) RWY 5, Amdt 1B
Pittsfield, ME, Pittsfield Muni, NDB RWY 36, Amdt 4E

Effective 25 April 2019

Homer, AK, Homer, Takeoff Minimums and Obstacle DP, Amdt 3A
Kiana, AK, Bob Baker Memorial, RNAV (GPS) RWY 6, Orig-D
Kiana, AK, Bob Baker Memorial, RNAV (GPS) RWY 24, Orig-B
Kotlik, AK, Kotlik, RNAV (GPS) RWY 2, Orig-E
Oneonta, AL, Robbins Field, RNAV (GPS) RWY 6, Orig-C
Oneonta, AL, Robbins Field, RNAV (GPS) RWY 24, Orig-A
Oneonta, AL, Robbins Field, Takeoff Minimums and Obstacle DP, Orig-B
Russellville, AL, Bill Pugh Field, RNAV (GPS) RWY 2, Orig-C
Carlisle, AR, Carlisle Muni, RNAV (GPS) RWY 9, Amdt 1A
Carlisle, AR, Carlisle Muni, RNAV (GPS) RWY 27, Orig-A
Carlisle, AR, Carlisle Muni, VOR RWY 9, Amdt 2D
Crossett, AR, Z M Jack Stell Field, RNAV (GPS) RWY 23, Orig-B
Walnut Ridge, AR, Walnut Ridge Rgnl, LOC RWY 18, Amdt 3C
Jacksonville, FL, Jacksonville Intl, ILS OR LOC RWY 26, Amdt 2B
Key West, FL, Key West Intl, Takeoff Minimums and Obstacle DP, Amdt
2
Miami, FL, Miami Executive, ILS OR LOC RWY 9R, Amdt 11D
Miami, FL, Miami Executive, RNAV (GPS) RWY 9R, Amdt 2D
Miami, FL, Miami Executive, RNAV (GPS) RWY 27L, Amdt 2D
Jesup, GA, Jesup-Wayne County, NDB RWY 11, Amdt 2, CANCELED
Jesup, GA, Jesup-Wayne County, NDB RWY 29, Amdt 3, CANCELED
Macon, GA, Middle Georgia Rgnl, ILS OR LOC RWY 5, ILS RWY 5 SA CAT
I, ILS RWY 5 SA CAT II, Amdt 3A
Macon, GA, Middle Georgia Rgnl, RNAV (GPS) RWY 5, Amdt 3A
Macon, GA, Middle Georgia Rgnl, RNAV (GPS) RWY 23, Amdt 2E
Shenandoah, IA, Shenandoah Muni, NDB RWY 4, Orig-D
Shenandoah, IA, Shenandoah Muni, RNAV (GPS) RWY 4, Orig-B
Sioux Center, IA, Sioux Center Muni, NDB RWY 18, Amdt 5, CANCELED
Waterloo, IA, Waterloo Rgnl, ILS OR LOC RWY 12, Amdt 10A
Peru, IL, Illinois Valley Rgnl-Walter A Duncan Field, LOC RWY 36,
Amdt 4, CANCELED
Griffith, IN, Griffith-Merrillville, Takeoff Minimums and Obstacle
DP, Amdt 4A
New Castle, IN, New Castle Henry County Marlatt Field, NDB RWY 10,
Orig-B
New Castle, IN, New Castle Henry County Marlatt Field, RNAV (GPS)
RWY 10, Orig-A
New Castle, IN, New Castle Henry County Marlatt Field, RNAV (GPS)
RWY 28, Orig-A
New Castle, IN, New Castle Henry County Marlatt Field, Takeoff
Minimums and Obstacle DP, Amdt 1A
South Bend, IN, South Bend Intl, RNAV (GPS) RWY 9R, Amdt 1A
Kingman, KS, Kingman Airport--Clyde Cessna Field, Takeoff Minimums
and Obstacle DP, Orig-A
Rayville, LA, John H Hooks Jr Memorial, RNAV (GPS) RWY 18, Amdt 1B
Rayville, LA, John H Hooks Jr Memorial, RNAV (GPS) RWY 36, Amdt 2B
Shreveport, LA, Shreveport Downtown, RNAV (GPS) RWY 32, Orig-A
Falmouth, MA, Cape Cod Coast Guard Air Station, COPTER ILS Y OR LOC
Y RWY 23, Amdt 2
Falmouth, MA, Cape Cod Coast Guard Air Station, ILS Z OR LOC Z RWY
23, Amdt 2
Falmouth, MA, Cape Cod Coast Guard Air Station, NDB RWY 23, Orig-A,
CANCELED
Frederick, MD, Frederick Muni, VOR-A, Amdt 2D, CANCELED
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM Y RWY 22R
(CLOSE PARALLEL), Amdt 1A
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM Z RWY 22R
(CLOSE PARALLEL), ILS PRM Z RWY 22R (CLOSE PARALLEL) SA CAT I, ILS
PRM Z RWY 22R (CLOSE PARALLEL) SA CAT II, Orig-A
Detroit, MI, Detroit Metropolitan Wayne County, ILS Y RWY 22R, Amdt
1A
Detroit, MI, Detroit Metropolitan Wayne County, ILS Z OR LOC RWY
22R, ILS Z RWY 22R SA CAT I, ILS Z RWY 22R SA CAT II, Amdt 4A
Drummond Island, MI, Drummond Island, RNAV (GPS) RWY 8, Orig-A
Drummond Island, MI, Drummond Island, RNAV (GPS) RWY 26, Orig-A
Sparta, MI, Paul C Miller-Sparta, RNAV (GPS) RWY 7, Orig-A
Sparta, MI, Paul C Miller-Sparta, RNAV (GPS) RWY 25, Orig-A
Sparta, MI, Paul C Miller-Sparta, VOR-A, Amdt 4A, CANCELED
International Falls, MN, Falls Intl-Einarson Field, ILS OR LOC RWY
31, Amdt 10C
New Ulm, MN, New Ulm Muni, RNAV (GPS) RWY 15, Orig-C
New Ulm, MN, New Ulm Muni, RNAV (GPS) RWY 33, Orig-B
Thief River Falls, MN, Thief River Falls Rgnl, ILS OR LOC RWY 31,
Amdt 5A
Thief River Falls, MN, Thief River Falls Rgnl, VOR Y RWY 13, Amdt 9B
Thief River Falls, MN, Thief River Falls Rgnl, VOR Z RWY 13, Amdt 2D
Gideon, MO, Gideon Memorial, VOR RWY 15, Amdt 3A, CANCELED
Fayetteville, NC, Fayetteville Rgnl/Grannis Field, VOR RWY 4, Amdt
16C
Fayetteville, NC, Fayetteville Rgnl/Grannis Field, VOR RWY 22, Amdt
7C
Fayetteville, NC, Fayetteville Rgnl/Grannis Field, VOR RWY 28, Amdt
8C
Greensboro, NC, Piedmont Triad Intl, ILS OR LOC RWY 5L, ILS RWY 5L
CAT II, ILS RWY 5L CAT III, Orig-C
Creighton, NE, Creighton Muni, RNAV (GPS) RWY 13, Orig-C
Creighton, NE, Creighton Muni, RNAV (GPS) RWY 31, Orig-C
McCook, NE, Mc Cook Ben Nelson Rgnl, VOR RWY 30, Amdt 11C
North Platte, NE, North Platte Rgnl Airport Lee Bird Field, RNAV
(GPS) RWY 12, Amdt 1B
North Platte, NE, North Platte Rgnl Airport Lee Bird Field, RNAV
(GPS) RWY 30, Amdt 2B
North Platte, NE, North Platte Rgnl Airport Lee Bird Field, RNAV
(GPS) RWY 35, Amdt 1B
Seward, NE, Seward Muni, Takeoff Minimums and Obstacle DP, Orig-B
Vincentown, NJ, Red Lion, RNAV (GPS) RWY 5, Orig-A, CANCELED
Vincentown, NJ, Red Lion, Takeoff Minimums and Obstacle DP, Amdt 1,
CANCELED
Vincentown, NJ, Red Lion, VOR-A, Amdt 6A, CANCELED
Truth or Consequences, NM, Truth or Consequences Muni, Takeoff
Minimums and Obstacle DP, Amdt 2
Lockport, NY, North Buffalo Suburban, RNAV (GPS) RWY 28, Orig,
CANCELED
Lockport, NY, North Buffalo Suburban, Takeoff Minimums and Obstacle
DP, Orig, CANCELED
New York, NY, John F Kennedy Intl, VOR RWY 4L, Amdt 1A
New York, NY, John F Kennedy Intl, VOR RWY 4R, Orig-A
New York, NY, LaGuardia, VOR-H, Amdt 3C, CANCELED
Schenectady, NY, Schenectady County, Takeoff Minimums and Obstacle
DP, Amdt 6
Akron, OH, Akron Fulton Intl, NDB RWY 25, Amdt 15A

Cleveland, OH, Cuyahoga County, ILS OR LOC RWY 24, Amdt 16A
Columbus, OH, Rickenbacker Intl, NDB RWY 5R, Amdt 2A, CANCELED
Columbus, OH, Rickenbacker Intl, NDB RWY 23L, Amdt 2A, CANCELED
Youngstown-Warren, OH, Youngstown-Warren Rgnl, RADAR 1, Amdt 14
Tulsa, OK, Tulsa Intl, ILS OR LOC RWY 18L, Amdt 16A
Tulsa, OK, Tulsa Intl, RNAV (GPS) RWY 8, Amdt 2B
Clarion, PA, Clarion County, VOR-A, Amdt 3A, CANCELED
Corry, PA, Corry-Lawrence, NDB RWY 14, Amdt 5, CANCELED
Franklin, PA, Venango Rgnl, VOR RWY 3, Amdt 5B, CANCELED
Harrisburg, PA, Harrisburg Intl, ILS OR LOC RWY 31, Amdt 1E
Hazleton, PA, Hazleton Rgnl, Takeoff Minimums and Obstacle DP, Amdt
3
West Chester, PA, Brandywine Rgnl, RNAV (GPS) RWY 9, Amdt 1A
West Chester, PA, Brandywine Rgnl, RNAV (GPS) RWY 27, Amdt 1A
West Chester, PA, Brandywine Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 1A
West Chester, PA, Brandywine Rgnl, VOR-A, Amdt 4A
York, PA, York, RNAV (GPS) RWY 17, Amdt 2C
York, PA, York, RNAV (GPS) RWY 35, Amdt 1C
Greenville, SC, Greenville Downtown, ILS Y OR LOC Y RWY 1, Orig-B
Greenville, SC, Greenville Downtown, ILS Z OR LOC Z RWY 1, Amdt 30B
Orangeburg, SC, Orangeburg Muni, Takeoff Minimums and Obstacle DP,
Amdt 4
Pierre, SD, Pierre Rgnl, ILS OR LOC RWY 31, Amdt 12D
Albany, TX, Albany Muni, RNAV (GPS) RWY 17, Amdt 1C
Albany, TX, Albany Muni, RNAV (GPS) RWY 35, Amdt 1C
Baytown, TX, RWJ Airpark, Takeoff Minimums and Obstacle DP, Amdt 1A
Borger, TX, Hutchinson County, VOR RWY 17, Amdt 9, CANCELED
Borger, TX, Hutchinson County, VOR/DME RWY 35, Amdt 4A, CANCELED
Fredericksburg, TX, Gillespie County, Takeoff Minimums and Obstacle
DP, Amdt 2
Galveston, TX, Scholes Intl at Galveston, ILS OR LOC RWY 14, Amdt
12C
Galveston, TX, Scholes Intl at Galveston, VOR RWY 14, Amdt 4C
Haskell, TX, Haskell Muni, RNAV (GPS)-A, Orig-A
Houston, TX, Conroe-North Houston Rgnl, ILS OR LOC RWY 14, Amdt 3C
Houston, TX, Conroe-North Houston Rgnl, NDB RWY 14, Amdt 3C
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
8L, ILS RWY 8L SA CAT I, ILS RWY 8L CAT II, ILS RWY 8L CAT III, Amdt
4D
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY 9,
ILS RWY 9 SA CAT I, ILS RWY 9 SA CAT II, Amdt 10B
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
26L, ILS RWY 26L SA CAT I, ILS RWY 26L CAT II, ILS RWY 26L CAT III,
Amdt 21D
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
26R, ILS RWY 26R SA CAT I, ILS RWY 26R CAT II, ILS RWY 26R CAT III,
Amdt 4B
Houston, TX, George Bush Intercontinental/Houston, ILS OR LOC RWY
27, ILS RWY 27 SA CAT I, ILS RWY 27 CAT II, ILS RWY 27 CAT III, Amdt
11A
Houston, TX, Pearland Rgnl, VOR-B, Amdt 1A, CANCELED
Houston, TX, William P Hobby, ILS OR LOC RWY 4, ILS RWY 4 SA CAT I,
ILS RWY 4 CAT II, ILS RWY 4 CAT III, Amdt 43A
Houston, TX, William P Hobby, ILS OR LOC RWY 13R, Amdt 12D
Houston, TX, William P Hobby, ILS OR LOC RWY 31L, Amdt 6D
La Porte, TX, La Porte Muni, VOR-A, Orig-B, CANCELED
Olney, TX, Olney Muni, RNAV (GPS) RWY 17, Amdt 1
Olney, TX, Olney Muni, RNAV (GPS) RWY 35, Amdt 1
Brookneal, VA, Brookneal/Campbell County, RNAV (GPS) RWY 24, Amdt 1B
Brookneal, VA, Brookneal/Campbell County, VOR-A, Amdt 2A
Norfolk, VA, Chesapeake Rgnl, VOR/DME RWY 23, Amdt 1A, CANCELED
Petersburg, VA, Dinwiddie County, Takeoff Minimums and Obstacle DP,
Amdt 1
Burlington, WI, Burlington Muni, RNAV (GPS) RWY 11, Orig-C
Burlington, WI, Burlington Muni, RNAV (GPS) RWY 29, Amdt 1C
Park Falls, WI, Park Falls Muni, NDB RWY 36, Amdt 1A, CANCELED
Platteville, WI, Platteville Muni, RNAV (GPS) RWY 7, Orig-C
Platteville, WI, Platteville Muni, RNAV (GPS) RWY 25, Orig-A
Bluefield, WV, Mercer County, ILS OR LOC RWY 23, Amdt 15D

    Rescinded: On February 7, 2019 (84 FR 2441), the FAA published
an Amendment in Docket No. 31229, Amdt No. 3831, to Part 97 of the
Federal Aviation Regulations under section 97.33. The following
entry for College Station, TX, effective February 28, 2019, is
hereby rescinded in its entirety:

College Station, TX, Easterwood Field, RNAV (GPS) RWY 29, Amdt 1B

[FR Doc. 2019-02679 Filed 2-19-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50737-50739]
[FR Doc No: 2019-20369]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 200, 201, 229, 230, and 240

[Release No. 34-86982; File No. S7-09-17]

Technical Amendments To Update Cross-References to Commission's
FOIA Regulations

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical amendments.

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SUMMARY: The Securities and Exchange Commission (``SEC'' or
``Commission'') is adopting technical amendments to update cross-
references to reflect amendments to the Commission's Freedom of
Information Act (``FOIA'') regulations published as a final rule on
June 28, 2018.

DATES: Effective September 26, 2019.

FOR FURTHER INFORMATION CONTACT: Mark Tallarico, Senior Counsel, (202)
551-5132, Office of the General Counsel, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-9150.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 28, 2018, the Commission published a final rule amending
its FOIA regulations at 17 CFR 200.80 (Securities and Exchange
Commission records and information). Because of the breadth of the
amendments, the final rule removed the Commission's prior FOIA
regulations in their entirety (Sec.  200.80 and appendices A through F)
and replaced them with new regulations (Sec.  200.80).
    In light of the 2018 amendments of its FOIA regulations, the
Commission is now adopting technical amendments to other sections of
title 17, chapter II of the Code of Federal Regulations to update
cross-references to the Commission's FOIA regulations (Sec.  200.80)
that are contained in those sections.

II. Administrative Law Matters

    The Administrative Procedure Act (``APA'') generally requires an
agency to publish notice of a rulemaking in the Federal Register and
provide an opportunity for public comment. This requirement does not
apply, however, if the agency ``for good cause finds . . . that notice
and public procedure are impracticable, unnecessary, or contrary to the
public interest.'' \1\ The technical amendments do not impose any new
substantive regulatory requirements on any person. The technical
amendments merely update cross-references in the Commission's
regulations. These amendments are therefore ministerial in nature. For
these reasons, there is good cause for the Commission to find that it
is unnecessary to publish notice of these amendments in the Federal
Register or to solicit public comment thereon.\2\ Although the APA
generally requires publication of a rule at least 30 days before its
effective date, for similar reasons we further find there is good cause
for the amendments to take effect on September 26, 2019. Additionally,
the provisions of the Regulatory Flexibility Act, which apply only when
notice and comment are required by the APA or other law, are not
applicable.\3\ These amendments do not contain any collection of
information requirements as defined by the Paperwork Reduction Act of
1995.\4\
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    \1\ U.S.C. 553(b)(3)(B).
    \2\ This finding also satisfies the requirements of 5 U.S.C.
808(2), allowing the amendments to become effective notwithstanding
the requirement of 5 U.S.C. 801.
    \3\ 5 U.S.C. 601 et seq.
    \4\ 44 U.S.C. 3501 et seq.
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    Pursuant to the Congressional Review Act,\5\ the Office of
Information and Regulatory Affairs has designated this final rule as
not a ``major rule,'' as defined by 5 U.S.C. 804(2).
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 801 et seq.
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III. Economic Analysis

    We are adopting technical amendments to update cross-references to
Commission rules in light of recent amendments to the Commission's FOIA
regulations. These amendments merely make conforming changes to
Commission rules that cross-reference the FOIA regulations and do not
impose any substantive regulatory obligations on any person or
otherwise. We expect the amendments to help eliminate potential
confusion that could result from outdated cross-references. We do not
believe they will have any substantial economic effects, including on
efficiency, competition, or capital formation. Further, because the
amendments impose no new burdens on private parties, the Commission
does not believe that the amendments will have any impact on
competition for purposes of section 23(a)(2) of the Securities Exchange
Act of 1934 (``Exchange Act'').\6\
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    \6\ 15 U.S.C. 78w(a)(2).
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IV. Statutory Authority

    These technical amendments are adopted pursuant to statutory
authority granted to the Commission under Section 19(a) of the
Securities Act of 1933 and section 23(a) of the Exchange Act.

List of Subjects

17 CFR Part 200

    Authority delegations (Government agencies), Freedom of
information, Organization and functions (Government agencies),
Reporting and recordkeeping requirements.

17 CFR Part 201

    Administrative practice and procedure.

17 CFR Part 229

    Reporting and recordkeeping requirements.

17 CFR Part 230

    Confidential business information, Reporting and recordkeeping
requirements.

17 CFR Part 240

    Confidential business information, Reporting and recordkeeping
requirements.

Text of Amendments

    For the reasons set out above, the Commission is amending title 17,
chapter II, of the Code of Federal Regulations as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS

Subpart A--Organization and Program Management

0
 1. The general authority citation for part 200, subpart A, continues
to read as follows:

    Authority: 15 U.S.C. 77c, 77o, 77s, 77z-3, 77sss, 78d, 78d-1,
78d-2, 78o-4, 78w, 78ll(d), 78mm, 80a-37, 80b-11, 7202, and 7211 et
seq., unless otherwise noted.
* * * * *

0
2. Amend Sec.  200.30-14 by revising paragraph (c) to read as follows:

Sec.  200.30-14  Delegation of authority to the General Counsel.

* * * * *
    (c) Determine the appropriate disposition of all Freedom of
Information Act and confidential treatment appeals in accordance with
Sec. Sec.  200.80(f) and (g)(12) and 200.83(e), (f), and (h).
* * * * *

Subpart D--Information and Requests

0
 3. The general authority citation for part 200, subpart D, continues
to read as follows:

    Authority:  5 U.S.C. 552, as amended, 15 U.S.C. 77f(d), 77s,
77ggg(a), 77sss, 78m(F)(3), 78w, 80a-37, 80a-44(a), 80a-44(b), 80b-
10(a), and 80b-11, unless otherwise noted.
* * * * *

0
4. Amend Sec.  200.83 by revising paragraphs (c)(8), (f), and (g) to
read as follows:

Sec.  200.83   Confidential treatment procedures under the Freedom of
Information Act.

* * * * *
    (c) * * *
    (8) A confidential treatment request shall be nonpublic. If an
action is filed in a Federal court, however, by either the Freedom of
Information Act requester (under 5 U.S.C. 552(a)(4) and Sec.
200.80(f)) or by the confidential treatment requester (under paragraph
(e)(5) of this section), the confidential treatment request may become
part of the court record.
* * * * *
    (f) Initial determination that confidential treatment is warranted.
If it is determined by the Commission's Freedom of Information Act
Officer that confidential treatment is warranted, the person submitting
the information and the person requesting access to the information
under the Freedom of Information Act will be so informed by mail. The
person requesting access, pursuant to the Freedom of Information Act,
will also be informed of the right to appeal the determination to the
General Counsel. Any such appeal must be taken in accordance with the
provisions of the Freedom of Information Act and Commission rules
thereunder. See 17 CFR 200.80(f).
    (g) Confidential treatment request and substantiation as nonpublic.
Any confidential treatment request and substantiation of it shall be
nonpublic. If an action is filed in a Federal court, however, by the
Freedom of Information Act requester (under 5 U.S.C. 552(a)(4) and
Sec.  200.80(f)) or by the confidential treatment requester (under
paragraph (e)(5) of this section), both the request and substantiation
may become part of the public court record.
* * * * *

Subpart I--Regulations Pertaining to Public Observation of
Commission Meetings

0
5. The authority citation for part 200, subpart I, continues to read as
follows:

    Authority: 5 U.S.C. 552b, unless otherwise noted. Section
200.410 also is issued under 29 U.S.C. 794.

0
 6. Amend Sec.  200.408 by revising paragraph (a) to read as follows:

Sec.  200.408   Public access to transcripts and minutes of closed
Commission meetings; record retention.

    (a) Public access to record. Within 20 days (excluding Saturdays,
Sundays, and legal holidays) of the receipt by the Commission's Freedom
of Information Act (``FOIA'') Officer of a written request, or within
such extended period as may be agreeable to the person making the
request, the Secretary shall make available for inspection by any
person in the Commission's Public Reference Room, the transcript,
electronic recording, or minutes (as required by Sec.  200.407(a) or
(b)) of the discussion of any item on the agenda, except for such item
or items as the Freedom of Information Act Officer determines to
involve matters which may be withheld under Sec.  200.402 or otherwise.
Copies of such transcript, or minutes, or a transcription of such
recording disclosing the identity of each speaker, shall be furnished
to any person at the actual cost of duplication, as identified on the
FOIA web page of the Commission's website at http://www.sec.gov, and,
if a transcript is prepared, the actual cost of such transcription.
* * * * *

PART 201--RULES OF PRACTICE

Subpart D--Rules of Practice

0
 7. The authority citation for part 201, subpart D, continues to read
as follows:

     Authority:  15 U.S.C. 77f, 77g, 77h, 77h-1, 77j, 77s, 77u,
77sss, 77ttt, 78c(b), 78d-1, 78d-2, 78l, 78m, 78n, 78o(d), 78o-3,
78o-10(b)(6), 78s, 78u-2, 78u-3, 78v, 78w, 80a-8, 80a-9, 80a-37,
80a-38, 80a-39, 80a-40, 80a-41, 80a-44, 80b-3, 80b-9, 80b-11, 80b-
12, 7202, 7215, and 7217.

0
8. Amend Sec.  201.230 by revising paragraph (f) to read as follows:

Sec.  201.230   Enforcement and disciplinary proceedings: Availability
of documents for inspection and copying.

* * * * *
    (f) Copying costs and procedures. The respondent may obtain a
photocopy of any documents made available for inspection. The
respondent shall be responsible for the cost of photocopying. Unless
otherwise ordered, charges for copies made by the Division of
Enforcement at the request of the respondent will be at the rate
charged pursuant to the fee schedule identified on the Freedom of
Information Act (``FOIA'') web page of the Commission's website at
http://www.sec.gov for copies. The respondent shall be given access to
the documents at the Commission's offices or such other place as the
parties may agree during normal business hours for copying of documents
at the respondent's expense.
* * * * *

PART 229--STANDARD INSTRUCTIONS FOR FILING FORMS UNDER SECURITIES
ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934 AND ENERGY POLICY AND
CONSERVATION ACT OF 1975--REGULATION S-K

0
 9. The authority citation for part 229 continues to read as follows:

    Authority:  15 U.S.C. 77e, 77f, 77g, 77h, 77j, 77k, 77s, 77z-2,
77z-3, 77aa(25), 77aa(26), 77ddd, 77eee, 77ggg, 77hhh, 77iii, 77jjj,
77nnn, 77sss, 78c, 78i, 78j, 78j-3, 78l, 78m, 78n, 78n-1, 78o, 78u-
5, 78w, 78ll, 78mm, 80a-8, 80a-9, 80a-20, 80a-29, 80a-30, 80a-31(c),
80a-37, 80a-38(a), 80a-39, 80b-11 and 7201 et seq.; 18 U.S.C. 1350;
sec. 953(b), Pub. L. 111-203, 124 Stat. 1904 (2010); and sec.
102(c), Pub. L. 112-106, 126 Stat. 310 (2012).

Subpart 229.400--Management and Certain Security Holders

0
10. Amend Sec.  229.402 by revising paragraph 4 in the Instructions to
Item 402(b) following paragraph (b)(2)(xv) to read as follows:

Sec.  229.402   (Item 402) Executive compensation.

* * * * *
    (b) * * *
    (2) * * *
    (xv) * * *
    Instructions to Item 402(b).
* * * * *
    4. Registrants are not required to disclose target levels with
respect to specific quantitative or qualitative performance-related
factors considered by the compensation committee or the board of
directors, or any other factors or criteria involving confidential
trade secrets or confidential commercial or financial information, the
disclosure of which would result in competitive harm

for the registrant. The standard to use when determining whether
disclosure would cause competitive harm for the registrant is the same
standard that would apply when a registrant requests confidential
treatment of confidential trade secrets or confidential commercial or
financial information pursuant to Securities Act Rule 406 (17 CFR
230.406) and Exchange Act Rule 24b-2 (17 CFR 240.24b-2), each of which
incorporates the criteria for non-disclosure when relying upon
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552(b)(4)). A
registrant is not required to seek confidential treatment under the
procedures in Securities Act Rule 406 and Exchange Act Rule 24b-2 if it
determines that the disclosure would cause competitive harm in reliance
on this instruction; however, in that case, the registrant must discuss
how difficult it will be for the executive or how likely it will be for
the registrant to achieve the undisclosed target levels or other
factors.
* * * * *

PART 230--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933

0
 11. In part 230:
0
a. The general authority citation for part 230 continues to read as set
forth below; and
0
b. The specific authority citation for Sec. Sec.  230.400 to 230.499 is
revised; and
0
c. A specific authority citation for Sec.  230.457 is added.
    The authorities read as follows:

    Authority: 15 U.S.C. 77b, 77b note, 77c, 77d, 77f, 77g, 77h,
77j, 77r, 77s, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78o-
7 note, 78t, 78w, 78ll(d), 78mm, 80a-8, 80a-24, 80a-28, 80a-29, 80a-
30, and 80a-37, and Pub. L. 112-106, sec. 201(a), sec. 401, 126
Stat. 313 (2012), unless otherwise noted.
* * * * *
    Sections 230.400 to 230.499 issued under secs. 6, 8, 10, 19, 48
Stat. 78, 79, 81, and 85, as amended (15 U.S.C. 77f, 77h, 77j, 77s).
    Sec. 230.457 also issued under secs. 6 and 7, 15 U.S.C. 77f and
77g.
* * * * *

Regulation C--Registration

0
12. The authority citation under the undesignated center heading
``Regulation C--Registration'' is removed.

0
13. Amend Sec.  230.406 by:
0
 a. Removing preliminary notes (1) and (2);
0
b. Adding introductory text; and
0
 c. Revising paragraph (b)(2)(ii).
    The addition and revision read as follows:

Sec.  230.406   Confidential treatment of information filed with the
Commission.

    Confidential treatment of supplemental information or other
information not required to be filed under the Act should be requested
under 17 CFR 200.83 and not under this rule. All confidential treatment
requests shall be submitted in paper format only, whether or not the
filer is an electronic filer. See Rule 101(c)(1)(i) of Regulation S-T
(Sec.  232.101(c)(1)(i) of this chapter).
* * * * *
    (b) * * *
    (2) * * *
    (ii) A statement of the grounds of the objection referring to and
analyzing the applicable exemption(s) from disclosure under the Freedom
of Information Act (5 U.S.C. 552) and a justification of the period of
time for which confidential treatment is sought;
* * * * *

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1934

0
 14. The general authority citation for part 240 continues to read as
follows:

     Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20,
80a-23, 80a-29, 80a--37, 80b-3, 80b-4, 80b-11, 7201 et seq.; and
8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C. 1350; and
Pub. L. 111-203, 939A, 124 Stat. 1887 (2010); and secs. 503 and 602,
Pub. L. 112-106, 126 Stat. 326 (2012), unless otherwise noted.
* * * * *

Subpart A--Rules and Regulations Under the Securities Exchange Act
of 1934

0
15. Amend Sec.  240.10A-1 by revising paragraph (c) introductory text
to read as follows:

Sec.  240.10A-1   Notice to the Commission Pursuant to Section 10A of
the Act.

* * * * *
    (c) A notice or report submitted to the Office of the Chief
Accountant in accordance with paragraphs (a) and (b) of this section
shall be deemed to be an investigative record and shall be nonpublic
and exempt from disclosure pursuant to the Freedom of Information Act
to the same extent and for the same periods of time that the
Commission's investigative records are nonpublic and exempt from
disclosure under, among other applicable provisions, 5 U.S.C.
552(b)(7). Nothing in this paragraph, however, shall relieve, limit,
delay, or affect in any way, the obligation of any issuer or any
independent accountant to make all public disclosures required by law,
by any Commission disclosure item, rule, report, or form, or by any
applicable accounting, auditing, or professional standard.
* * * * *

0
16. Amend Sec.  240.24b-2 by revising paragraph (b)(2) to read as
follows:

Sec.  240.24b-2   Nondisclosure of information filed with the
Commission and with any exchange.

* * * * *
    (b) * * *
    (2) An application making objection to the disclosure of the
confidential portion. Such application shall be on a sheet or sheets
separate from the confidential portion, and shall contain:
    (i) An identification of the portion;
    (ii) A statement of the grounds of objection referring to, and
containing an analysis of, the applicable exemption(s) from disclosure
under the Freedom of Information Act (5 U.S.C. 552(b)), and a
justification of the period of time for which confidential treatment is
sought;
    (iii) A written consent to the furnishing of the confidential
portion to other government agencies, offices or bodies and to the
Congress; and
    (iv) The name of each exchange, if any, with which the material is
filed.
* * * * *

    By the Commission.

    Dated: September 17, 2019.
Vanessa Countryman,
Secretary.
[FR Doc. 2019-20369 Filed 9-25-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Pages 33241-33243]
[FR Doc No: 2014-13453]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72308; File No. SR-DTC-2014-07]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change in
Connection With the Implementation of a Fee for ACATS-Related
Deliveries and Receives

June 4, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 29, 2014, the Depository Trust Company (``DTC'') 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 primarily by DTC. DTC filed the proposed rule change pursuant
to Section 19(b)(3)(A)(ii) \3\ of the Act and Rule 19b-4(f)(2) \4\
thereunder. The proposed rule change was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    As more fully described below, the proposed rule change consists of
changes to the DTC fee schedule \5\ to add new fees for securities
deliveries and receives relating to customer account transfers that
utilize a new process to be implemented by National Securities Clearing
Corporation (``NSCC'').
---------------------------------------------------------------------------

    \5\ The DTC fee schedule is available at http://www.dtcc.com/~/
media/Files/Downloads/legal/fee-guides/dtcfeeguide.ashx.
---------------------------------------------------------------------------

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

    In its filing with the Commission, DTC 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. DTC 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 \6\
---------------------------------------------------------------------------

    \6\ Terms not defined herein have the meaning set forth in DTC's
Rules & Procedures (the ``Rules'').
---------------------------------------------------------------------------

    Pursuant to its rule filing SR-NSCC-2014-04 (the ``NSCC Rule
Filing''),\7\ National Securities Clearing Corporation (``NSCC'') will
implement a new process, called the ``ACATS Settlement Accounting
Operation,'' to facilitate the settlement of Automated Customer Account
Transfer Service (``ACATS'') \8\ activity relating to securities
eligible for processing through DTC. The ACATS Settlement Accounting
Operation will have a DTC omnibus account (``New Account'') associated
with it against which Participants will, via their respective DTC
accounts, deliver securities to, or receive securities from, NSCC in
order to satisfy their ACATS obligations in eligible securities.
---------------------------------------------------------------------------

    \7\ Release No. 34-72223 (May 22, 2014), 79 FR 30912 (May 29,
2014) (SR-NSCC-2014-04).
    \8\ ACATS is a service of NSCC designed for the automated
transfer of customer accounts between broker-dealers.
---------------------------------------------------------------------------

    Pursuant to the proposed rule change, in order to align costs with
revenues of processing deliveries and receives of securities for
Participants against the New Account, DTC will incorporate the
following new fees into its fee schedule:

------------------------------------------------------------------------
            Fee description                         Fee amount
------------------------------------------------------------------------
Deliveries to the NSCC ACATS Settlement  $0.06 per item; charged to
 Accounting Operation omnibus account.    delivering Participant.
Receives from the ACATS Settlement       $0.06 per item; charged to the
 Accounting Operation omnibus account.    receiving Participant.
------------------------------------------------------------------------

Implementation Timeframe
    The proposed fee changes will take effect on May 30, 2014, for
Participant deliveries and receives of securities to and from the New
Account occurring on or after that date.
2. Statutory Basis
    The proposed fee changes will align DTC's revenue related to
processing of ACATS transactions versus the New Account with the
associated costs to DTC, and the fees will apply to each Participant
equally in accordance with each Participant's use of the applicable DTC
services. Therefore, DTC believes that the proposed rule change is
consistent with the requirements of the Act, in particular Section
17A(b)(3)(D) \9\ of the Act, which requires that the Rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Participants. In addition to the above, DTC's provision of
the related services facilitates the safe and secure delivery of
customer securities for ACATS transfers. Therefore, DTC further
believes that the proposed rule change is consistent with Rule 17Ad-
22(d)(6) \10\ under the Act which requires clearing agencies to
establish, implement, maintain and enforce written policies and
procedures reasonably designed to be cost-effective in meeting the
requirements of Participants while maintaining safe and secure
operations.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1(b)(3)(D).
    \10\ 17 CFR 240.17Ad-22(d)(6).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact, or impose any burden, on competition. As stated above, the
proposed changes will align DTC's fees with the costs of delivering
services to its Participants, and the new fee will apply equally to all
DTC Participants in accordance with their use of the applicable
services.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received with respect to this filing.

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

    The forgoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \11\ and Rule 19b-4(f)(2) \12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-DTC-2014-07 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-DTC-2014-07. 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 DTC and on DTC's
Web site at http://dtcc.com/legal/sec-rule-filings.aspx.
    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-DTC-2014-07 and
should be submitted on or before July 1, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-13453 Filed 6-9-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Notices]
[Pages 73322-73326]
[FR Doc No: 2020-25268]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90387; File No. SR-NYSE-2020-93)

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change to Amend Rules 7.35 and 7.35A

November 10, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 3, 2020, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to (1) amend Rule 7.35 to make permanent that
the Exchange would disseminate Auction Imbalance Information if a
security is an IPO or Direct Listing and has not had its IPO Auction or
Direct Listing Auction; and (2) amend Rule 7.35A regarding
consultations in connection with an IPO or Direct Listing. The proposed
rule change is available on the Exchange's website at www.nyse.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 self-regulatory organization
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 those 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 (1) amend Rule 7.35 to make permanent that
the Exchange would disseminate Auction Imbalance Information if a
security is an IPO or Direct Listing and has not had its IPO Auction or
Direct Listing Auction; \4\ and (2) amend Rule 7.35A regarding
consultations in connection with an IPO or Direct Listing.
---------------------------------------------------------------------------

    \4\ See Rules 7.35(a)(1)(D) (defining the term ``IPO Auction''
to mean the Core Open Auction for the first day of trading on the
Exchange of a security that is an IPO) and 7.35(a)(1)(E) (defining
the term ``Direct Listing Auction'' to mean the Core Open Auction
for the first day of trading on the Exchange of a security that is a
Direct Listing).
---------------------------------------------------------------------------

Proposed Rule Changes
Rule 7.35--Auction Imbalance Information
    In connection with the closing of the Trading Floor facilities
located at 11 Wall Street in New York City as of March 23, 2020 and
moving the Exchange, on a temporary basis, to fully electronic
trading,\5\ and subsequent reopening of the Trading Floor on a limited
basis first to Floor Brokers on May 26, 2020 \6\ and then to DMMs on
June 15, 2020,\7\ the Exchange added Commentaries to Rule 7.35.\8\
Currently, these Commentaries are in effect until the earlier of a full
reopening of the Trading Floor facilities to DMMs or after the Exchange
closes on December 31, 2020.\9\
---------------------------------------------------------------------------

    \5\ Pursuant to Rule 7.1(e), the CEO notified the Board of
Directors of the Exchange of her determination under Rule 7.1(c)(3).
The Exchange's rules establish how the Exchange will function fully-
electronically. See Press Release, dated March 18, 2020, available
here: https://ir.theice.com/press/press-releases/all-categories/2020/03-18-2020-204202110.
    \6\ See Securities Exchange Act Release No. 88933 (May 22,
2020), 85 FR 32059 (May 28, 2020) (SR-NYSE-2020-47) (Notice of
filing and immediate effectiveness of proposed rule change).
    \7\ See Securities Exchange Act Release No. 89086 (June 17,
2020) (SR-NYSE-2020-52) (Notice of filing and immediate
effectiveness of proposed rule change).
    \8\ See Securities Exchange Act Release Nos. 88725 (April 22,
2020), 85 FR 23583 (April 28, 2020) (SR-NYSE-2020-37) (amending Rule
7.35 to add Commentary .01) (``IPO Filing'') and 89925 (September
18, 2020), 85 FR 60276 (September 24, 2020) (SR-NYSE-2020-75)
(amending Rule 7.35 to add Commentary .02) (``Direct Listing
Filing'').
    \9\ See Securities Exchange Act Release No. 90005 (September 25,
2020), 85 FR 61999 (October 1, 2020) (SR-NYSE-2020-78) (Notice of
filing and immediate effectiveness of proposed rule change to extend
the temporary period for Commentaries to Rules 7.35, 7.35A, 7.35B,
and 7.35C; and temporary rule relief in Rule 36.30 to end on the
earlier of a full reopening of the Trading Floor facilities to DMMs
or after the Exchange closes on December 31, 2020) (``Extension
Filing'').

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

    Specifically, the Exchange added Commentary .01 to Rule 7.35, which
---------------------------------------------------------------------------
provides:

    For a temporary period that begins on April 21, 2020 and ends on
the earlier of a full reopening of the Trading Floor facilities to
DMMs or after the Exchange closes on December 31, 2020, for an IPO
Auction, paragraph (c)(3) of this Rule will not be in effect, and
the Exchange will disseminate Auction Imbalance Information if a
security is an IPO and has not had its IPO Auction. Such Auction
Imbalance Information will be disseminated in the same manner that
Auction Imbalance Information is disseminated for a Core Open
Auction, as set forth in Rule 7.35A(e)(1)--(3), except that with
respect to an IPO Auction, references to the term ``Consolidated
Last Sale Price'' in Rule 7.35A(e)(3) and subparagraphs (A)--(C) of
that Rule will be replaced with the term ``the security's offering
price.''

    In addition, the Exchange added Commentary .02 to Rule 7.35, which
provides:

    For a temporary period that begins on September 4, 2020 and ends
on the earlier of a full reopening of the Trading Floor facilities
to DMMs or after the Exchange closes on December 31, 2020, for a
Direct Listing Auction, paragraph (c)(3) of this Rule will not be in
effect, and the Exchange will disseminate Auction Imbalance
Information if a security is a Direct Listing and has not had its
Direct Listing Auction. Such Auction Imbalance Information will be
disseminated in the same manner that Auction Imbalance Information
is disseminated for a Core Open Auction, as set forth in Rule
7.35A(e)(1)-(3), except that with respect to a Direct Listing
Auction, references to the term ``Consolidated Last Sale Price'' in
Rule 7.35A(e)(3) and subparagraphs (A)-(C) of that Rule will be
replaced with the term ``the security's Indication Reference Price
as determined under Rule 7.35A(d)(2)(A)(iv).''

    The Exchange proposes to make permanent that the Exchange would
disseminate Auction Imbalance Information if a security is an IPO or
Direct Listing and has not had its IPO Auction or Direct Listing
Auction.
    Rule 7.35(c)(3) provides that the Exchange will not disseminate
Auction Imbalance Information if a security is an IPO or Direct Listing
and has not had its IPO Auction or Direct Listing Auction. This Rule is
based on a change that the Exchange made in 2015 to reflect that
Exchange systems would not publish Order Imbalance Information for an
IPO.\10\ In 2015, the rationale provided for excluding IPOs from Order
Imbalance Information was because Exchange systems at the time did not
have access to interest represented in the crowd by Floor brokers.
Since the Exchange transitioned to Pillar in August 2019, all Floor
broker interest intended for a Core Open Auction, IPO Auction, or
Direct Listing Auction must be entered electronically \11\ and
therefore Exchange systems are able to include such orders in the
Auction Imbalance Information.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 74837 (April 29,
2015), 80 FR 25741 (May 5, 2015) (SR-NYSE-2015-19) (Notice of filing
and immediate effectiveness of proposed rule change). The Exchange
added Direct Listings in 2018. See Securities Exchange Act Release
No. 82627 (February 2, 2018), 83 FR 5650 (February 8, 2018) (SR-
NYSE-2017-30) (Approval Order).
    \11\ See Securities Exchange Act Release No. 85962 (May 29,
2019), 84 FR 26188, 26208 at n. 73 (June 5, 2019) (SR-NYSE-2019-05)
(Approval Order).
---------------------------------------------------------------------------

    The Exchange believes that because Floor broker interest is now
entered electronically and can be included in Auction Imbalance
Information for all Core Open Auctions, the original rationale provided
in 2015 for excluding IPO Auctions has become moot. Accordingly, the
Exchange proposes to amend Rule 7.35 to eliminate, on a permanent
basis, the current restriction on the Exchange disseminating Auction
Imbalance Information if a security is an IPO or Direct Listing and has
not had its IPO Auction or Direct Listing Auction. With this change,
beginning at 8:00 a.m. Eastern Time, the following information would be
disseminated in the Auction Imbalance Information in advance of an IPO
Auction or Direct Listing Auction: Total Imbalance, Side of Total
Imbalance, Paired Quantity, and Continuous Book Clearing Price, as
these terms are defined in Rule 7.35(a)(4).\12\
---------------------------------------------------------------------------

    \12\ See Rule 7.35A(e)(2) (specifying the content of the Auction
Imbalance Information that is disseminated in advance of a Core Open
Auction).
---------------------------------------------------------------------------

    To effect this change, the Exchange proposes to delete Rule
7.35(c)(3), which specifically excludes IPOs and Direct Listings from
the Auction Imbalance Information. By deleting this text, IPOs and
Direct Listings would no longer be treated differently than other Core
Open Auctions with respect to Auction Imbalance Information, and
therefore would be included in the Auction Imbalance Information. The
Exchange believes that disseminating Auction Imbalance Information in
advance of an IPO Auction or Direct Listing Auction would promote
transparency in advance of such Auctions, which would benefit investors
and other market participants.
    As part of this proposed change, the Exchange proposes that the
Imbalance Reference Price for either an IPO Auction or a Direct Listing
Auction would continue to be determined in the same manner as provided
for under the temporary Commentaries .01 and .02 to Rule 7.35,
respectively. Specifically, the Imbalance Reference Price for
determining the Auction Imbalance Information for a Core Open Auction
under Rule 7.35A(e)(3) is the Consolidated Last Sale Price,\13\ bound
by the bid and offer of any published pre-opening indication.\14\
Because this definition of Imbalance Reference Price does not currently
specify what the Consolidated Last Sale Price would be for an IPO
Auction or Direct Listing Auction (which does not exist because the
security has not been previously listed on an exchange), temporary
Commentaries .01 and .02 to Rule 7.35 establish that the security's
offering price (for an IPO) or Indication Reference Price (for a Direct
Listing) would be used instead of the Consolidated Last Sale Price for
determining the Imbalance Reference Price for such Auctions.
---------------------------------------------------------------------------

    \13\ The term ``Consolidated Last Sale Price'' is defined in
Rule 7.35(a)(11)(A) to mean: ``The most recent consolidated last-
sale eligible trade in a security on any market during Core Trading
Hours on that trading day, and if none, the Official Closing Price
from the prior trading day for that security. For a transferred
security, the Consolidated Last Sale Price means the most recent
consolidated last-sale eligible trade in a security on any market
during Core Trading Hours on that trading day, and if none, the
official closing price from the prior trading day for that security
from the exchange from which the security was transferred.''
    \14\ As provided for in Rule 7.35A(e)(3), the Imbalance
Reference Price changes if a pre-opening indication has been
published for such Auction. For example, if the security's
Consolidated Last Sale Price were lower than the bid price of a pre-
opening indication, the Imbalance Reference Price for that Core Open
Auction would be the pre-opening indication bid price, and not the
Consolidated Last Sale Price. See, e.g., Rule 7.35A(e)(3)(A).
---------------------------------------------------------------------------

    Accordingly, in conjunction with deleting paragraph (c) of Rule
7.35 to make permanent the dissemination of Auction Imbalance
Information for IPOs and Direct Listings, the Exchange proposes to
amend the definition of Consolidated Last Sale Price in Rule
7.35(a)(11)(A) to provide that: (i) For an IPO that has not had its IPO
Auction, the Consolidated Last Sale Price would mean the security's
offering price; and (ii) for a Direct Listing that has not had its
Direct Listing Auction, the Consolidated Last Sale Price would mean the
Indication Reference Price for such security.
    To effect this change, the Exchange proposes to make the last
sentence of current Rule 7.35(a)(11)(A) (relating to transferred
securities) as new Rule 7.35(a)(11)(A)(i) and then add the provisions
relating to IPO Auctions and Direct Listing Auctions, described above,
as new Rules 7.35(a)(11)(A)(ii) and (iii), respectively. With this
proposed rule change, the Consolidated Last Sale Price would be defined
differently only for that period of time leading up to an IPO Auction
or Direct Listing Auction. Once such Auctions

have concluded, the Consolidated Last Sale Price for such securities
would be determined under the first sentence of Rule 7.35(a)(11)(A),
which is not changing.
    Because these proposed changes would make permanent Commentaries
.01 and .02 to Rule 7.35, the Exchange proposes to delete these
Commentaries.
Rule 7.35A--DMM Consultations
    Pursuant to Rule 7.35A(g), the DMM assigned to an Exchange-listed
security is responsible for determining the Auction Price for Core Open
Auctions. In connection with the temporary closure of the Trading Floor
to prevent the spread of COVID-19, the Exchange filed proposed rule
changes that noted that during the period when there has been reduced
staff on the Trading Floor, communications from an underwriter or
financial advisor to a DMM may be conveyed via Exchange staff to the
DMM rather than via a Floor broker.\15\ Such communications from an
underwriter or financial advisor \16\ had previously been conveyed to
the DMM via a Floor broker,\17\ in part because Rule 36.30 restricts
telephone communications for DMMs while they are on the Trading
Floor.\18\
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release Nos. 88488 (March 26,
2020), 85 FR 18286 (April 1, 2020) (SR-NYSE-2020-23) (``In addition,
Exchange staff on the Trading Floor will be in communication with
the lead underwriter or financial advisor, as applicable, for such
IPO Auction and will convey to the DMM information that the
underwriter would normally convey to the DMM via a Floor broker,
such as when the underwriter has entered all interest for such
auction.''), and 88546 (April 2, 2020), 85 FR 19782 (April 8, 2020)
(SR-NYSE-2020-28) (``Exchange staff would be in communication with
the lead underwriter and would convey to the DMM information that
the underwriter would normally convey to the DMM via a Floor broker,
such as when the underwriter has entered all interest for such
auction.'')
    \16\ Rule 7.35A(g)(1) requires the DMM to consult with a
financial advisor to the issuer of a security that is having a
Direct Listing and has not had recent sustained history of trading
in a Private Placement Market prior to listing.
    \17\ In many instances, the Floor broker conveying such
information to the DMM works for the same broker-dealer that is
functioning as the underwriter or financial advisor for the issuer.
If the underwriter or financial advisor does not have a Floor broker
operation, they can retain an independent Floor broker to provide
such services.
    \18\ Rule 36.30 prescribes the circumstances when a DMM on the
Trading Floor may use a telephone and provides that, with the
approval of the Exchange, a DMM unit may maintain a telephone line
at its stock trading post location to the off-floor offices of the
DMM unit, the unit's clearing firm, or to persons providing non-
trading relating services and that such telephone connections shall
not be used for the purpose of transmitting to the Floor orders for
the purchase or sale of securities. DMMs are permitted to use
cellular phones outside of the Trading Floor only. See Rule 36.23.
---------------------------------------------------------------------------

    Because the Trading Floor continues to operate with reduced DMM and
Floor broker staff, underwriters and financial advisors have continued
to have the choice to use Exchange staff to convey information to the
DMM in connection with such Core Open Auctions.\19\
---------------------------------------------------------------------------

    \19\ As of the date of this filing, underwriters and financial
advisors have chosen to convey information to the DMM via Exchange
staff for over 30% of the IPO Auctions and the two Direct Listing
Auctions on September 30, 2020.
---------------------------------------------------------------------------

    The Exchange believes that going forward, even once the Trading
Floor is fully open to DMM and Floor broker staff, underwriters or
financial advisors should be able to choose whether to use a Floor
broker or Exchange staff to convey information to the DMM. In
particular, because the information conveyed from an underwriter or
financial advisor to a DMM is purely factual, and does not involve
performing broker-dealer services, the Exchange believes that such
information can be conveyed to a DMM via Exchange staff without any
difference in scope of information than what would have otherwise been
conveyed by a Floor broker.\20\
---------------------------------------------------------------------------

    \20\ The Exchange notes that on the Nasdaq Stock Market, LLC
(``Nasdaq''), an underwriter for an IPO communicates directly with
Nasdaq staff and in such communications, the underwriter advises
Nasdaq staff that a security is ``ready to trade,'' Nasdaq displays
an expected price to the underwriter, the underwriter is responsible
for approving proceeding with the auction, and the underwriter can
determine to postpone and reschedule the IPO. See Nasdaq Rule
4120(c)(8)(A) and (B). Under Nasdaq Rule 4120(c)(9), for any other
security with an initial listing on Nasdaq, a financial advisor
performs the role of an underwriter as prescribed in Nasdaq Rule
4120(c)(8).
---------------------------------------------------------------------------

    Current Exchange rules do not specify the consultations a DMM may
have with an underwriter or financial advisor for initial listings that
are not Direct Listings or for follow-on offerings. To provide clarity
and transparency in Exchange rules, the Exchange proposes to amend Rule
7.35A(g)(1) to include the current process for DMM consultations with
an underwriter or financial advisor for initial listings and follow-on
offerings. The Exchange further proposes to specify that any such
consultations may be conveyed to the DMM via either a Floor broker or
Exchange staff.
    To effect this change, proposed Rule 7.35A(g)(1) would provide
(proposed additions italicized, deleted text bracketed):

    In order to effect a fair and orderly opening on the first day
of trading of a security having its initial listing on the Exchange
or for a follow-on offering, a DMM may consult with an underwriter
or financial advisor for the issuer of such security provided that,
[W]when facilitating the opening on the first day of trading of a
Direct Listing that has not had recent sustained history of trading
in a Private Placement Market prior to listing, the DMM will consult
with a financial advisor to the issuer of such security [in order to
effect a fair and orderly opening of such security]. Any such
consultations will be conducted by an underwriter or financial
advisor relaying information to the DMM via either a Floor broker or
Exchange staff.

    The Exchange notes that the proposed changes to what would be the
first sentence of amended Rule 7.35A(g)(1) reflect long-standing
practice relating to the type of consultations that a DMM may have with
an underwriter or financial advisor. As with current practice, the only
consultations that would be required in Exchange rules would be in
connection with a Direct Listing that has not had recent sustained
history of trading in a Private Placement Market prior to listing. The
Exchange believes that this proposed rule text would promote
transparency and clarity in Exchange rules by specifying the existing
process whereby a DMM may consult with an underwriter or financial
advisor in connection with a security having its initial listing on the
Exchange or for a follow-on offering.
    The proposed second sentence would reflect the proposed new
process, which is currently in place on a temporary basis during the
period when the Trading Floor is operating with reduced DMM and Floor
broker staff to reduce the spread of COVID-19, that for such
consultations, an underwriter or financial advisor may choose to relay
information to the DMM via either a Floor broker or Exchange staff.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\21\ in general, and furthers the objectives of
Sections 6(b)(5) of the Act,\22\ in particular, because it is 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 mechanisms of,
a free and open market and a national market system and, in general, to
protect investors and the public interest and because it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(5).

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

Rule 7.35--Auction Imbalance Information
    The Exchange believes that the proposed change to make permanent
that the Exchange would disseminate Auction Imbalance Information if a
security is an IPO or Direct Listing and has not had its IPO Auction or
Direct Listing Auction would remove impediments to and perfect the
mechanism of a free and open market and a national market system
because it would promote fair and orderly IPO Auctions and Direct
Listing Auctions. Specifically, because such Auction Imbalance
Information would include Floor broker interest eligible to participate
in an IPO Auction or Direct Listing Auction (and therefore the original
rationale for excluding such information is now moot), the Exchange
believes that including such information in the Auction Imbalance
Information on the same terms that such information is disseminated for
other Core Open Auctions would provide more granular information in
advance of an IPO Auction or Direct Listing Auction. As described
above, the Auction Imbalance Information for an IPO Auction or Direct
Listing Auction would begin being published at 8:00 a.m. Eastern Time,
would be published every second, and would include Total Imbalance,
Side of Total Imbalance, Paired Quantity, and Continuous Book Clearing
Price information. The Exchange therefore believes that proposed rule
change would promote transparency in advance of an IPO Auction or
Direct Listing Auction, which would benefit investors and the public.
Rule 7.35A--DMM Consultations
    The Exchange believes that it would remove impediments to and
perfect the mechanism of a free and open market and a national market
system to make permanent the ability of an underwriter or financial
advisor to convey information to the DMM in connection with initial
listings and follow-on offerings via either a Floor broker or Exchange
staff. The Exchange believes that because the purpose of such
consultations is to convey information to the DMM, Exchange staff or a
Floor broker can perform this function. The Exchange further notes that
the type of information being conveyed via Exchange staff is similar to
the scope of information provided to Nasdaq staff by an underwriter or
financial advisor pursuant to Nasdaq Rules 4120(c)(8) and (9).
Moreover, the proposed change has been in operation on a temporary
basis during the period when there have been reduced DMM and Floor
broker staff on the Trading Floor to prevent the spread of COVID-19 and
underwriters and financial advisors have chosen to convey information
to the DMM via Exchange staff for over 30% of the IPOs and the two
Direct Listings. Accordingly, broker-dealers functioning as
underwriters and financial advisors, DMMs, and Exchange staff are
already experienced in using Exchange staff to perform this function.
The Exchange therefore believes it would promote fair and orderly Core
Open Auctions on the Exchange for underwriters and financial advisors
to be provided the option to continue using this method of conveying
information to a DMM in connection with initial listings or follow-on
offerings.
    The Exchange further believes that the proposed change to Rule
7.35A(g)(1) to specify the long-standing practice for DMM consultations
with the underwriter or financial advisor of an issuer of a security in
connection with initial listings and follow-on offerings would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would promote transparency and
clarity in Exchange rules. More specifically, this proposed rule change
would not result in any changes to how a DMM would determine the
Auction Price for Core Open Auctions under Rule 7.35A(g), and therefore
this proposed change would not result in any substantive differences to
the Exchange's auction rules.

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

    In accordance with Section 6(b)(8) of the Act,\23\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed change is not designed to address any
competitive issues. Instead, the proposed rule changes are designed to
(i) promote transparency by including information about IPO Auctions
and Direct Listing Auctions in Auction Imbalance Information on a
permanent basis; and (ii) promote transparency and clarity in Exchange
rules by specifying the existing process for DMM consultations with the
underwriter or financial advisor of an issuer of a security in
connection with initial listings and follow-on offerings and making
permanent that Exchange staff, in addition to Floor brokers, may be
used for such consultations.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or such longer period up to 90 days (i) as the
Commission may designate 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 or disapprove the 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-93 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-NYSE-2020-93. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the

provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2020-93 and should be
submitted on or before December 8, 2020.

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

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-25268 Filed 11-16-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 8, 2008 (Volume 73, Number 27)]
[Notices]
[Page 7626-7627]
[DOCID:fr08fe08-112]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Federal Aviation Administration

[Docket No. FAA-2008-0036]
RIN 2120-AF90

Policy Regarding Airport Rates and Charges; Extension of Comment
Period

AGENCY: Department of Transportation, Office of the Secretary and
Federal Aviation Administration.

ACTION: Notice of proposed amendment to policy statement; extension of
comment period.

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

SUMMARY: This action extends the comment period for a proposed
amendment to the ``Policy Regarding the Establishment of Airport Rates
and Charges'' that was published on January 17, 2008. In that document,
the Department of Transportation (``Department'') and the Federal
Aviation Administration (FAA) proposed to amend the ``Policy Regarding
the Establishment of Airport Rates and Charges'' published in the
Federal Register on June 21, 1996 (``1996 Rates and Charges Policy'').
The Department and the FAA proposed three amendments to the 1996 Rates
and Charges Policy (two modifications and one clarification). These
amendments are intended to provide greater flexibility to operators of
congested airports to use landing fees to provide incentives to air
carriers to use the airport at less congested times or to use alternate
airports to meet regional air service needs. Any charges imposed on
international operations must also comply with the international
obligations of the United States. This extension is a result of a
request from the Air Transport Association of America, Inc., the Cargo
Airline Association, the National Air Carrier Association, and the
Regional Airline Association on behalf of their members, to extend the
comment period for thirty days.

DATES: The comment period for the Notice of proposed amendment to
Policy Regarding the Establishment of Airport Rates and Charges
published on January 17, 2008 (73 FR 3310) was scheduled to close on
March 3, 2008, and is extended until April 3, 2008.

ADDRESSES: You may send comments identified by Docket Number, FAA-2008-
0036 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov
 and follow the instructions for sending your

comments electronically.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Fax: 1-202-493-2251.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590; between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    For more information on the notice and comment process, see the
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you

provide. For more information, see the Privacy Act discussion in the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to Room W12-140 on the ground

floor of the West Building, 1200 New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Charles Erhard, Manager, Airport
Compliance Division, AAS-400, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591, telephone (202) 267-
3187; facsimile:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to join in this notice and comment
process by filing written comments, data, or views. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with Department
personnel about this proposal. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this document between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using

the Internet at the Web address in the ADDRESSES section.
    Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets.
This includes the name of the individual sending the comment (or
signing the comment for an association, business, labor union). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78) or you may visit http://www.regulations.gov
.

    Before acting on this proposal, we will consider all comments we
receive on or before the closing the date for comments. We will
consider comments filed late if it is possible to do so without
incurring expense or delay. We may change this proposal because of the
comments we receive.

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD-ROM, mark the outside of the disk or
CD-ROM and also identify electronically within the disk or CD-ROM the
specific information that is proprietary or confidential.
    Under 14 CFR 11.35 (b), when we are aware or proprietary
information filed with a comment, we do not place it in the docket. We
hold it in a separate file to which the public does not have access and
place a note in the docket that we have received it. If we receive a
request to examine or copy this information, we treat it as any other
request under the Freedom of Information Act (5 U.S.C. 552). We process
such a request under the DOT procedures found in 49 CFR part 7.

Availability of Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Federal eRulemaking portal (http://www.regulations.gov/search
);

    (2) Visiting the FAA's Regulations and Policies Web page at (http://www.faa/gov/regulations_policies
); or

    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html
.

    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identity the docket number, notice number, or amendment number
of this proceeding.

Authority for This Proceeding

    This notice is published under the authority described in Subtitle
VII, Part B, Chapter 471, Section 47129 of Title 49 United States Code.
Under subsection (b) of this section, the Secretary of Transportation
is required to publish publishing policy statements establishing
standards or guidelines the Secretary will use in determining the
reasonableness of airport fees charged to airlines under Section 47129.

Background

    On January 17, 2008, the Department of the FAA issued Notice of
proposed amendment to the Policy Regarding the Establishment of Airport
Rates and Charges Docket No. FAA-2008-0036, (73 FR 3310). Comments to
that document were to be received on or before March 3, 2008.
    By a letter dated January 30, 2008 the Air Transport Association of
America, Inc. (ATA), the Cargo Airline Association (CAA), the National
Air Carrier Association (NACA), and the Regional Airline Association
(RAA), on behalf of their members, requested that the comment period
for Docket 2008-0036 be extended until April 3, 2008. Industry trade
groups expressed concern that critical pieces of information were
missing from the January 17, 2008, notice that are essential to a full
assessment of the impact of the proposed policy. The following
information has been added to the docket: the list of secondary
airports eligible for inclusion in the rate base (FAA Docket 2008-
0036.0007.1); the list of congested airports (based on 1% of delays)
(FAA Docket 2008-0036-0008.1); the list of airports from the Benchmark
report (FAA Docket 2008-0036-0009.1). ATA, CAA, NACA and RAA requested
an extension of the comment period by 30 days to provide sufficient
time to more fully develop comments reflecting the views of the
industry stakeholders.
    The Department and the FAA concur with the petitioners' requests
for an extension of the comment period on FAA Docket 2008-0036 and
believe an additional 30 days should be adequate to provide more
complete and meaningful comment.

Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal
Regulations, the Department of the FAA have reviewed the petitions made
by the Air Transport Association of America, Inc. (ATA), the Cargo
Airline Association (CAA), the National Air Carrier Association (NACA),
and the Regional Airline Association (RAA), on behalf of their members,
for extension of the comment period to FAA Docket 2008-0036. These
petitioners have shown a substantive interest in the proposed amendment
to the 1996 Policy Regarding Airport Rates and Charges and good cause
for the extension. The Department and the FAA have determined that
extension of the comment period is consistent with the public interest,
and that good cause exists for taking this action.
    Accordingly, the comment period for FAA Docket 2008-0036 is
extended until April 3, 2008.

    Issued in Washington, DC, on February 5, 2008.
Rebecca MacPherson,
Assistant Chief Counsel for Regulations, Federal Aviation
Administration.
[FR Doc. 08-573 Filed 2-7-08; 8:45 am]

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