[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 14053-14055]
[FR Doc No: 2022-05148]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94372; File No. SR-CboeBZX-2021-078]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change To Introduce a New Data Product To Be Known as the
Short Volume Report

March 7, 2022.

I. Introduction

    On November 17, 2021, Cboe BZX Exchange, Inc. (``BZX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Exchange Rule 11.22(f) to introduce a new
data product to be known as the Short Volume Report. The proposed rule
change was published for comment in the Federal Register on

December 7, 2021.\3\ On January 20, 2022, pursuant to Section 19(b)(2)
of the Act,\4\ the Commission designated a longer period within which
to approve the proposed rule change, disapprove the proposed rule
change, or institute proceedings to determine whether to disapprove the
proposed rule change.\5\ This order institutes proceedings pursuant to
Section 19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 93688 (December 1,
2021), 86 FR 69319 (``Notice''). The comment letters received on the
proposed rule change are available on the Commission's website at:
https://www.sec.gov/comments/sr-cboebzx-2021-078/srcboebzx2021078.htm.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 94010, 87 FR 4075
(January 26, 2022). The Commission designated March 7, 2022 as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of and Comments on the Proposed Rule Change

A. Description of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 11.22(f) to provide
for a new data product to be known as the Short Volume Report, which
will be available for purchase to Members and non-Members.\7\
Specifically, the Exchange proposes to describe the Short Volume Report
as ``an end-of-day report that summarizes equity trading activity on
the Exchange, including trade count and volume by symbol for buy, sell,
sell short, and sell short exempt trades.'' \8\ The Exchange proposes
that the end-of-day report will include the following information:
Trade date, symbol, total volume, buy volume, buy trade count, sell
volume, sell trade count, sell short volume, sell short trade count,
sell short exempt volume, and sell short exempt trade count.\9\ The
Exchange proposes that the Short Volume Report will be available on a
monthly subscription basis.\10\ The Exchange states subscribers will
receive a daily end-of-day file that will be delivered after the
conclusion of the After Hours Trading Session.\11\
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    \7\ See Notice, supra note 3, at 69320. The Exchange states that
it intends to submit a separate rule filing to adopt fees for the
Short Volume Report product. See Notice, supra note 3, at 69320.
    \8\ See proposed Rule 11.22(f).
    \9\ See Notice, supra note 3, at 69320.
    \10\ See id.
    \11\ Additionally, the Exchange proposes to make historical
Short Volume Reports dating as far back as January 2, 2015 available
for purchase on an ad hoc basis in monthly increments. According to
the Exchange, the subscription files and historical files will
include the same data points. See id.
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    In support of the proposal, the Exchange states that the proposed
product includes substantially similar information as that included in
comparable products offered on the Nasdaq Stock Market LLC (``Nasdaq'')
and the New York Stock Exchange (``NYSE'') except that the Exchange
proposes to also include buy and sell volume as well as trade counts
for buy, sell, sell short, and sell short exempt volume.\12\ The
Exchange states that while the proposed product offers volume and trade
counts which are not offered in the comparable NYSE and Nasdaq short
sale volume reports, similar data is otherwise available or
determinable in other NYSE data product offerings.\13\ Specifically,
the Exchange states that the NYSE Trade and Quote (``TAQ'') product
provides trade and quote information for orders entered on the NYSE
affiliated equity exchanges, which include buy, sell, and sell short
volume.\14\ Thus, according to the Exchange, subscribers to NYSE TAQ
could determine volume and trade counts from such data.\15\
Additionally, the Exchange states that the NYSE Monthly Short Sales
report provides a record of every short sale transaction on NYSE during
the month, which includes a size and short sale indicator.\16\ Thus,
according to the Exchange, subscribers to the NYSE Monthly Short Sales
report could determine the sell short and sell short exempt volume and
trade count, albeit on a monthly basis rather than a daily basis.\17\
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    \12\ Specifically, the Exchange states that the Nasdaq daily
short sale volume file reflects the aggregate number of shares
executed on Nasdaq, Nasdaq BX, Inc. and Nasdaq PHLX LLC. According
to the Exchange, the Nasdaq daily short volume report provides the
following information: Trade date, symbol, volume during regular
trading hours, and CTA market identifier. Additionally, the Exchange
states that the NYSE Group Short Volume daily file reflects a
summary of short sale volume for securities traded on NYSE, NYSE
American LLC, NYSE Arca, Inc., NYSE National, Inc., and NYSE
Chicago, Inc. According to the Exchange, the NYSE Group Short Volume
product provides the following information: Trade date, symbol,
short exempt volume, short volume, total volume all transactions,
and market identifier. See id. at 69320-69321.
    \13\ See id. at 69321.
    \14\ See id.
    \15\ See id.
    \16\ See id.
    \17\ See id.
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    The Exchange states that the additional data points will benefit
market participants because they will allow market participants to
better understand the changing risk environment on a daily basis.\18\
The Exchange states that the proposed Short Volume Report would further
broaden the availability of U.S. equity market data to investors,
promoting increased transparency and better informed trading,
specifically by allowing market participants to identify the source of
selling pressure and whether it is long or short.\19\
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    \18\ See id.
    \19\ See id.
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B. Comments on the Proposed Rule Change

    One commenter states that the proposed rule text and the Exchange's
description of the content of the proposed Short Volume Report are
unclear.\20\ Specifically, the commenter states that the difference
between ``total volume'' and ``buy volume'' is difficult to understand,
``since every trade always includes a buyer.'' \21\ The commenter also
states that the phrase ``buy and sell volume as well as trade counts
for buy, sell, sell short, and sell short exempt volume'' is confusing,
and questions how, for example, buy volume for sell short exempt trades
and sell volume for short exempt trades would be any different.\22\ The
commenter states that in order to be sensible ``buy and sell volume''
must either mean simply ``trade volume'' or else it describes splitting
out buyer and seller-initiated trade volume or total buy and sell order
volume.\23\ The commenter states that ``the public deserves to be
told'' with greater clarity what data the proposed Short Volume Report
contains and ``deserves a chance to comment before approval.'' \24\ In
addition, the commenter states that the proposal could involve the
provision and sale of ``sensitive'' or ``regulatory'' data and could
reveal ``quite a bit about who is doing what in the markets.'' \25\
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    \20\ Letter from R.T. Leuchtkafer to Vanessa Countryman,
Secretary, Commission, dated December 27, 2021, at 2-3.
    \21\ Id. at 2.
    \22\ Id.
    \23\ Id. Specifically, the commenter states that ``the phrase
`buy and sell volume as well as trade counts for buy, sell, sell
short, and sell short exempt volume' makes more sense if understood
as (a) `buy[er-initiated] and sell[er-initiated] volume as well as
trade counts for buy, sell, sell short, and sell short exempt
volume' or (b) `buy [order] and sell [order] volume as well as trade
counts for buy, sell, sell short, and sell short exempt volume.' ''
Id.
    \24\ Id. at 2-3. For example, the commenter states that listed
companies and investors may want to comment to the extent that the
proposed Short Volume Report is intended to convey to high frequency
trading firms, on a daily basis for every stock, the level of
aggressive short selling or short sale order volume. Id.
    \25\ Id. at 1, 5-6.
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    This commenter also states that the data contained in the proposed
Short Volume Report is substantially different from the data contained
in products offered by other national securities exchanges, despite the
Exchange's assertion that the proposed Short Volume Report is similar
to those

products.\26\ Specifically, the commenter states that the Exchange's
description of the NYSE TAQ data that it points to as precedent is
inaccurate.\27\ According to the commenter, contrary to the Exchange's
statements in the proposal, the TAQ data does not contain information
that would enable subscribers to determine short sale volume or trade
counts.\28\
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    \26\ Id. at 2-4.
    \27\ Id. at 3-4.
    \28\ Id. This commenter also submitted a second comment letter
which objects to certain redactions made to the commenter's first
letter, stating that the redactions diminished the commenter's
``pointed criticism[s]'' of the Commission's performance in
reviewing the proposal. See letter from R.T. Leuchtkafer to Vanessa
Countryman, Secretary, Commission, dated January 4, 2022.
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III. Proceedings To Determine Whether To Approve or Disapprove SR-
CboeBZX-2021-078 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \29\ to determine whether the proposed rule
change should be approved or disapproved. Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the proposal. Institution of proceedings does not indicate that the
Commission has reached any conclusions with respect to any of the
issues involved. Rather, as described below, the Commission seeks and
encourages interested persons to provide additional comment on the
proposed rule change to inform the Commission's analysis of whether to
approve or disapprove the proposed rule change.
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    \29\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act,\30\ the Commission is
providing notice of the grounds for disapproval under consideration. As
described above, the Exchange has proposed to amend its rules to
provide for a new data product to be known as the Short Volume Report.
The Commission has received comment letters that express concerns
regarding the content of the proposed Short Volume Report, including
the clarity of the Exchange's description of the proposed product.
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    \30\ Id.
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    The Commission is instituting proceedings to allow for additional
analysis of, and input from commenters with respect to, the consistency
of the proposal with Section 6(b)(5) \31\ of the Act. Section 6(b)(5)
of the Act requires that the rules of a national securities exchange be
designed, among other things, to promote just and equitable principles
of trade, to remove impediments to and perfect the mechanism of a free
and open market and a national market system and, in general, to
protect investors and the public interest, and not be designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \31\ 15 U.S.C. 78f(b)(5).
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V. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their data, views, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposed rule change
is consistent with Section 6(b)(5) or any other provision of the Act,
or the rules and regulations thereunder. Although there do not appear
to be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of data, views, and arguments, the
Commission will consider, pursuant to Rule 19b-4 under the Act,\32\ any
request for an opportunity to make an oral presentation.\33\
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    \32\ 17 CFR 240.19b-4.
    \33\ Section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29 (June 4, 1975), grants to
the Commission flexibility to determine what type of proceeding--
either oral or notice and opportunity for written comments--is
appropriate for consideration of a particular proposal by a self-
regulatory organization. See Securities Acts Amendments of 1975,
Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No. 75,
94th Cong., 1st Sess. 30 (1975).
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    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change should be approved
or disapproved by April 1, 2022. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
April 15, 2022.
    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, and any other issues
raised by the proposed rule change under the Act. In particular, the
Commission seeks commenters' views regarding whether the Exchange has
adequately described the proposed new data product for the Commission
to make a determination under Section 6(b)(5) of the Act.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File No. SR-CboeBZX-2021-078 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-CboeBZX-2021-078. The 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 No. SR-CboeBZX-2021-078 and should be submitted by
April 1, 2022. Rebuttal comments should be submitted by April 15, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
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    \34\ 17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-05148 Filed 3-10-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31257-31258]
[FR Doc No: 2023-10396]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-150-000.
    Applicants: Solar Partners XI, LLC.
    Description: Solar Partners XI, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5013.
    Comment Date: 5 p.m. ET 5/31/23.

    Docket Numbers: EG23-151-000.
    Applicants: Horizon Solar, LLC.
    Description: Horizon Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5138.
    Comment Date: 5 p.m. ET 5/31/23.

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

    Docket Numbers: ER21-630-003.
    Applicants: 325MK 8ME LLC.
    Description: Notice of Non-Material Change in Status of 325MK 8ME
LLC.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5060.
    Comment Date: 5 p.m. ET 5/31/23.

    Docket Numbers: ER23-1167-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Amendment to Original NSA, SA No.
6804; Queue No. AC2-090 to be effective 4/25/2023.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5066.
    Comment Date: 5 p.m. ET 5/31/23.

    Docket Numbers: ER23-1411-000.
    Applicants: Newport Solar LLC.
    Description: Supplement to March 17, 2023, Newport Solar, LLC
Application of Newport Solar, LLC for market-based rate authority.
    Filed Date: 5/8/23.
    Accession Number: 20230508-5189.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: ER23-1419-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Amendment to Original NSA, SA No.
6833; Queue No. AE2-148 to be effective 5/17/2023.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5095.
    Comment Date: 5 p.m. ET 5/31/23.

    Docket Numbers: ER23-1457-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Amendment to Original NSA, SA No.
6846; Queue Nos. P22, O38 to be effective 5/24/2023.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5070.
    Comment Date: 5 p.m. ET 5/31/23.

    Docket Numbers: ER23-1482-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2023-05-10_SA 3370 ATC-Red Barn

Energy Sub 2nd Rev GIA (J855) to be effective 3/20/2023.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5114.
    Comment Date: 5 p.m. ET 5/31/23.

    Docket Numbers: ER23-1852-000.
    Applicants: Buchanan Generation, LLC.
    Description: Request for Limited Waiver and Request for Shortened
Comment Period and Expedited Action of Buchanan Generation, LLC.
    Filed Date: 5/8/23.
    Accession Number: 20230508-5182.
    Comment Date: 5 p.m. ET 5/15/23.

    Docket Numbers: ER23-1859-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Service
Agreement FERC No. 864 to be effective 4/10/2023.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5067.
    Comment Date: 5 p.m. ET 5/31/23.

    Docket Numbers: ER23-1860-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.15: CPV Five Bridges Solar LGIA Termination Filing to be
effective 5/10/2023.
    Filed Date: 5/10/23.
    Accession Number: 20230510-5081.
    Comment Date: 5 p.m. ET 5/31/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: May 10, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-10396 Filed 5-15-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Notices]
[Pages 2124-2125]
[FR Doc No: 2015-00534]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Regulation G; OMB Control No. 3235-0576, SEC File No. 270-518.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information

summarized below. The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Regulation G (17 CFR 244.100-244.102) under the Securities Exchange
Act of 1934 (the ``Exchange Act'') (15 U.S.C. 78a et seq.) requires
publicly reporting companies that disclose or releases financial
information in a manner that is calculated or presented other than in
accordance with generally accepted accounting principles (``GAAP'') to
provide a reconciliation of the non-GAAP financial information to the
most directly comparable GAAP financial measure. Regulation G
implemented the requirements of Section 401 of the Sarbanes-Oxley Act
of 2002 (15 U.S.C. 7261). We estimate that approximately 14,000 public
companies must comply with Regulation G approximately six times a year
for a total of 84,000 responses annually. We estimated that it takes
approximately 0.5 hours per response (84,000 x 0.5 hours) for a total
reporting burden of 42,000 hours annually.
    Written comments are invited on: (a) Whether this collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
imposed by the collections of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
    Please direct your written comments to Pamela Dyson, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send
an email to<EMAIL_ADDRESS>
    Dated: January 9, 2015.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2015-00534 Filed 1-14-15; 8:45 am]
BILLING CODE 8011-01-P


				Safety, Health & Environment Excellence Center

						1007 Market Street, DuPont 6082

						Wilmington, DE 19898

<PHONE_NUMBER> (Office) –<PHONE_NUMBER> (Fax)

						August 29, 2006

OPPT Document Control Office (DCO)

Environmental Protection Agency

East Bldg., Rm. 6428,

1201 Constitution Ave., NW.

Washington, DC.  20004

Attention: 8(a) Auto-ITC

RE: EPA-HQ-OPPT-2005-0014

To Whom It May Concern:

E. I. du Pont de Nemours & Company requests the EPA remove
Trifluoromethane, CAS# 75-46-7 from the PAIR rule published on August
16, 2006.   We make this request because E. I. du Pont de Nemours &
Company has committed to sponsor Trifluormethane under the US High
Production Volume program.  A letter dated December 9, 2005, informed
the EPA of our intent to sponsor this chemical under the program.

With this commitment, DuPont requests the chemical be excluded from the
Toxic Substances Control Act (TSCA) 8(a) Preliminary Assessment and
Information Reporting (PAIR) rule and the TSCA 8(d) Health and Safety
Data Reporting (HaSDR) rule.

If you have any questions regarding this matter, please contact me by
phone at<PHONE_NUMBER> or by e-mail,   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>,

					Sincerely,

Edwin L. Mongan, III

					Manager, Environmental Stewardship

					DuPont Safety, Health & Environment

Cc:	Charles Auer – U.S. EPA

	Office of Pollution Prevention & Toxics

	U. S. Environmental Protection Agency

	401 M Street, SW

	Washington, DC 20460


[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64181-64182]
[FR Doc No: 2019-25138]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0086]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on October 3, 2019, CSX
Transportation (CSX) petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 232, Brake System
Safety Standards for Freight and Other Non-Passenger Trains and
Equipment, and 49 CFR part 229, Railroad Locomotive Safety Standards.
FRA assigned the petition Docket Number FRA-2016-0086.
    Specifically, CSX seeks relief with respect to the application of
49 CFR 232.205(c)(1)(iii), Leakage test, and Sec.  229.29(b), Air brake
system calibration, maintenance, and testing, for the calibration of
locomotive air flow method (AFM) indicators. CSX requests to become a
full test member of the existing FRA-2016-0086 test waiver (joining
BNSF Railway), under the same conditions as BNSF, for testing 1,264 of
CSX's New York Air Brake (NYAB) CCB II equipped locomotives (see FRA-
2016-0086-0006) to investigate whether the interval for calibration may
be safely extended to 184 days. CSX also requests to form a test team
operating under the current FRA-2016-0086 test committee to test all
440 CSX Wabtec Fastbrake-equipped locomotives. CSX has been an active
member of the FRA-2016-0086 test committee since its inception and is
familiar with the work performed to date by this committee. On August
29, 2019, the test committee extended a consensus recommendation for
CSX to join the waiver as a testing member to

help assess Wabtec's Fastbrake systems, and to expand the scope of NYAB
CCB II locomotives being evaluated under the waiver.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by December 20, 2019 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its processes. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-25138 Filed 11-19-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3099-3101]
[FR Doc No: 2020-00683]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87951; File No. SR-CboeBZX-2019-076]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade
Shares of the Clearbridge Small Cap Value ETF Under BZX Rule 14.11(k)

January 13, 2020.
    On September 26, 2019, Cboe BZX Exchange, Inc. (``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade shares
(``Shares'') of the Clearbridge Small Cap Value ETF (``Fund'') under
BZX Rule 14.11(k) (Managed Portfolio Shares). On October 9, 2019, the
Exchange filed Amendment No. 1 to the proposed rule change, which
amended and replaced the rule change in its entirety. The proposed rule
change, as modified by Amendment No. 1, was published for comment in
the Federal Register on October 17, 2019.\3\ On November 21, 2019,
pursuant to Section 19(b)(2) of the Exchange Act,\4\ the Commission
designated a longer period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether to disapprove the proposed rule change.\5\ The
Commission has received no comments on the proposed rule change. This
order institutes proceedings under Section 19(b)(2)(B) of the Exchange
Act \6\ to determine whether to approve or disapprove the proposed rule
change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87286 (October 10,
2019), 84 FR 55608 (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 87581, 84 FR 65434
(November 27, 2019). The Commission designated January 15, 2020, as
the date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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I. Summary of the Exchange's Description of the Proposed Rule Change,
as Modified by Amendment No. 1 \7\
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    \7\ For a complete description of the Exchange's proposal, see
the Notice, supra note 3.
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    The Exchange proposes to list and trade Shares of the Fund under
BZX Rule 14.11(k).\8\ The Shares will be issued by Precidian ETF Trust
II (``Trust''), a statutory trust organized under the laws of the State
of Delaware and registered with the Commission as an open-end
management investment company.\9\ The investment adviser to the Trust
will be Precidian Funds LLC (``Adviser'') and the sub-adviser to the
Fund will be ClearBridge Investments, LLC (``Sub-Adviser'').\10\ Legg
Mason Investor Services, LLC will serve as the distributor of the
Shares.
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    \8\ The Commission recently approved the Exchange's proposed
rule change to adopt BZX Rule 14.11(k) to permit the listing and
trading of Managed Portfolio Shares. See Securities Exchange Act
Release No. 87759 (December 16, 2019), 84 FR 70223 (December 20,
2019) (SR-CboeBZX-2019-047).
    \9\ According to the Exchange, the Trust is registered under the
Investment Company Act of 1940 (``1940 Act'') and plans to file a
registration statement on Form N-1A relating to the Fund. An order
granting exemptive relief to the Trust was issued on May 20, 2019
(File No. 812-14405) (``Exemptive Order''). The Exchange states that
investments made by the Fund will comply with the conditions set
forth in the Exemptive Order.
    \10\ The Exchange states that the Adviser is not registered as a
broker-dealer or affiliated with a broker-dealer. The Exchange
states that the Sub-Adviser is not registered as a broker-dealer,
but is affiliated with a broker-dealer and has implemented and will
maintain a ``fire wall'' with respect to such broker-dealer
regarding access to information concerning the composition of and/or
changes to the Fund's portfolio and Creation Basket (as such term is
defined in BZX Rule 14.11(k). The Exchange further states that in
the event (a) the Adviser or Sub-Adviser becomes registered as a
broker-dealer or becomes newly affiliated with a broker-dealer, or
(b) any new adviser or sub-adviser is a registered broker-dealer or
becomes affiliated with a broker-dealer, it will implement and
maintain a fire wall with respect to its relevant personnel or its
broker-dealer affiliate regarding access to information concerning
the composition of and/or changes to the portfolio and the Creation
Basket, and will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding
such portfolio or Creation Basket.
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A. Description of the Fund

    The Exchange states that the Fund seeks long-term capital growth.
The Exchange states that Fund's holdings will be limited to and
consistent with what is permissible under the Exemptive Order and
described in the Notice. Under Normal Market Conditions,\11\ the Fund
will invest at

least 80% of its net assets, plus borrowings for investment purposes,
in U.S. exchange-listed common stocks and other equity securities of
small capitalization U.S. companies or in other U.S. exchange-listed
investments with similar economic characteristics, including only the
following U.S. exchange-listed securities: Common stocks, preferred
securities, securities of other investment companies and of real estate
investment companies (``REITs''), and warrants and rights.
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    \11\ The term ``Normal Market Conditions'' includes, but is not
limited to, the absence of trading halts in the applicable financial
markets generally; operational issues causing dissemination of
inaccurate market information or system failures; or force majeure
type events such as natural or man-made disaster, act of God, armed
conflict, act of terrorism, riot or labor disruption, or any similar
intervening circumstance.
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    In addition, the Fund may also invest up to 20% of its net assets,
plus borrowings for investment purposes, in common stocks, preferred
securities, and warrants and rights of U.S. exchange-listed companies
with larger market capitalizations, U.S. ETFs,\12\ U.S. exchange-listed
ADRs, U.S. exchange-listed equity futures contracts, and U.S. exchange-
listed equity index futures contracts. The Fund may also hold cash
without limitation.
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    \12\ For purposes of describing the holdings of the Fund, ETFs
include Portfolio Depository Receipts (as described in BZX Rule
14.11(b)); Index Fund Shares (as described in BZX Rule 14.11(c));
and Managed Fund Shares (as described in BZX Rule 14.11(i)). The
ETFs in which the Fund may invest all will be listed and traded on
U.S. national securities exchanges. While the Fund may invest in
inverse ETFs, the Fund will not invest in leveraged (e.g., 2X, -2X,
3X or -3X) ETFs.
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B. Investment Restrictions

    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets. Illiquid securities and other illiquid
assets include those subject to contractual or other restrictions on
resale and other instruments or assets that lack readily available
markets as determined in accordance with Commission staff guidance. The
Exchange states that the Fund will monitor its portfolio liquidity on
an ongoing basis to determine whether, in light of current
circumstances, an adequate level of liquidity is being maintained, and
will consider taking appropriate steps in order to maintain adequate
liquidity. In any event, the Fund will not purchase any securities that
are illiquid investments at the time of purchase.
    The Shares will conform to the initial and continued listing
criteria under BZX Rule 14.11(k). The Fund's investments will be
consistent with its investment objective and will not be used to
enhance leverage. While the Fund may invest in inverse ETFs, the Fund
will not invest in leveraged (e.g., 2X, -2X, 3X or -3X) ETFs.
    The Exchange states that the Fund's holdings will also meet the
generic listing standards applicable to series of Managed Fund Shares
under BZX Rule 14.11(i)(4)(C). While such standards do not apply
directly to series of Managed Portfolio Shares, the Exchange believes
that the overarching policy issues related to liquidity, market
capitalization, diversity, and concentration of portfolio holdings that
BZX Rule 14.11(i)(4)(C) is intended to address are equally applicable
to series of Managed Portfolio Shares.

II. Proceedings To Determine Whether To Approve or Disapprove SR-
CboeBZX-2019-076 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Exchange Act \13\ to determine whether the proposed
rule change, as modified by Amendment No. 1, should be approved or
disapproved. Institution of such proceedings is appropriate at this
time in view of the legal and policy issues raised by the proposed rule
change. Institution of proceedings does not indicate that the
Commission has reached any conclusions with respect to any of the
issues involved. Rather, as described below, the Commission seeks and
encourages interested persons to provide comments on the proposed rule
change.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Exchange Act,\14\ the
Commission is providing notice of the grounds for disapproval under
consideration. The Commission is instituting proceedings to allow for
additional analysis of the proposed rule change's consistency with
Section 6(b)(5) of the Exchange Act, which requires, among other
things, that the rules of a national securities exchange be ``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.'' \15\
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    \14\ Id.
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Exchange
Act, or the rules and regulations thereunder. Although there do not
appear to be any issues relevant to approval or disapproval that would
be facilitated by an oral presentation of views, data, and arguments,
the Commission will consider, pursuant to Rule 19b-4, any request for
an opportunity to make an oral presentation.\16\
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    \16\ Section 19(b)(2) of the Exchange Act, as amended by the
Securities Act Amendments of 1975, Public Law 94-29 (June 4, 1975),
grants the Commission flexibility to determine what type of
proceeding--either oral or notice and opportunity for written
comments--is appropriate for consideration of a particular proposal
by a self-regulatory organization. See Securities Act Amendments of
1975, Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No.
75, 94th Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by February 7, 2020. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
February 21, 2020.
    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Notice,\17\ and any other issues raised by the proposed rule
change under the Exchange Act. In particular, the Commission seeks
commenters' views regarding whether the Exchange's proposal to list and
trade the Fund under BZX Rule 14.11(k) (Managed Portfolio Shares),
which are actively managed exchange-traded products for which the
portfolio holdings are disclosed on a quarterly, rather than daily,
basis, is adequately designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and to protect investors and the public interest, and is consistent
with the maintenance of a fair and orderly market under the Exchange
Act.
---------------------------------------------------------------------------

    \17\ See supra note 3.
---------------------------------------------------------------------------

    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-CboeBZX-2019-076 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-CboeBZX-2019-076. 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-CboeBZX-2019-076 and should be submitted
on or before February 7, 2020. Rebuttal comments should be submitted by
February 21, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-00683 Filed 1-16-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Notices]
[Page 45251]
[FR Doc No: 2011-19071]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14124-000]

Reliable Storage 1 LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On March 25, 2011, Reliable Storage 1 LLC, filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of hydropower near the town of Tazewell, in Claiborne
County, Tennessee. The sole purpose of a preliminary permit, if issued,
is to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land-disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed pumped storage project would consist of the following:
(1) A 10-foot-high, 8,200-foot-long roller compacted concrete ringed
dike; (2) an upper reservoir with a surface area of 59.7 acres and an
4,017 acre-foot storage capacity; (3) a 200-foot-high, 702.7-foot-long
earth embankment dam creating; (4) a lower reservoir with a surface
area of 66.5 acres and an 5,785 acre-foot storage capacity; (5) one 24-
foot-diameter, 5,300-foot-long penstock; (6) a bifurcation to three 14-
foot-diameter, and 50-foot-long penstocks; (7) a powerhouse/pumping
station containing three pump/generating units with a total generating
capacity of 331 megawatts; (8) a substation; and (9) a 2.86-mile-long,
115 kV transmission line to an existing distribution line. The proposed
project would have an average annual generation of 517,000,000
megawatt-hours (MWh), which would be sold to the Tennessee Valley
Authority.
    Applicant Contact: Ramya Swaminathan, Free Flow Power Corporation,
239 Causeway Street, Boston, MA 02114; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site 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_ADDRESS>call toll-free at (866) 208-
3676; or, for TTY, contact<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14124-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: July 20, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-19071 Filed 7-27-11; 8:45 am]
BILLING CODE 6717-01-P