[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47616-47618]
[FR Doc No: 2017-22219]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0917]
RIN 1625-AA00

Safety Zone; Main Branch of the Chicago River, Oktoberfest,
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Main Branch of the Chicago River, Chicago, IL. This action is necessary
and intended to ensure safety of life on the navigable waters of the
United States immediately prior to, during, and after a bridge based
pyrotechnics display. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Lake Michigan.

DATES: This rule is effective from 7:15 p.m. through 7:45 p.m. on
October 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0917 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT John Ramos, Marine Safety Unit Chicago, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details for this event until
there was insufficient time remaining before the event to publish a
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect the public and vessels from the
hazards associated with bridge based fireworks displays on October 13,
2017.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this temporary rule
effective less than 30 days after publication in the Federal Register.
For the same reasons discussed in the preceding paragraph,

waiting for a 30-day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    On October 13, 2017 a bridge based pyrotechnics display will take
place on the Main Branch of the Chicago River between the Wells Street
Bridge and the Wabash Avenue Bridge in Chicago, IL. The Captain of the
Port Lake Michigan has determined that the pyrotechnics display will
pose a significant risk to public safety and property. Such hazards
include premature and accidental detonations, falling and burning
debris, and collisions among spectator vessels.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan has determined that this temporary safety zone is
necessary to ensure the safety of the public during the bridge based
pyrotechnics displays on the Main Branch of the Chicago River. This
safety zone will be enforced from 7:15 p.m. through 7:45 p.m. on
October 13, 2017. This zone will encompass all waters of the Main
Branch of the Chicago River between the Wells Street Bridge and the
Wabash Avenue Bridge in Chicago, IL.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan,
or a designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16
or contact Sector Lake Michigan at<PHONE_NUMBER>.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.'' This
rule has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, it has not been reviewed by the
Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced from 7:15 p.m. through 7:45 p.m. on
October 13, 2017. Under certain conditions, moreover, vessels may still
transit through the safety zone when permitted by the Captain of the
Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. This
rule will affect the following entities, some of which might be small
entities: The owners or operators of vessels intending to transit on a
portion of the Main Branch of the Chicago River from 7:15 p.m. through
7:45 p.m. on October 13, 2017.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section above. Additionally, before the
enforcement of the zone, we will issue local Broadcast Notice to
Mariners and Local Notice to Mariners so vessel owners and operators
can plan accordingly.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a safety zone for a bridge based
pyrotechnics display on the Main Branch of the Chicago River in
Chicago, IL. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0917 to read as follows:

Sec.  165.T09-0614  Safety Zone; Main Branch of the Chicago River,
Oktoberfest, Chicago, IL.

    (a) Location. All U.S. navigable waters of the Main Branch of the
Chicago River, between the Wells Street Bridge and Wabash Avenue Bridge
in Chicago, IL.
    (b) Enforcement period. This rule will be enforced from 7:15 p.m.
through 7:45 p.m. on October 13, 2017.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or a designated
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or an on-scene
representative to obtain permission to do so.
    The Captain of the Port Lake Michigan or an on-scene representative
may be contacted via VHF Channel 16 or contact Sector Lake Michigan at
(414) 747-7182. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
Captain of the Port Lake Michigan, or an on-scene representative.

    Dated: October 5, 2017.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2017-22219 Filed 10-12-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11779-11780]
[FR Doc No: 2022-04331]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94305]

Securities Exchange Act of 1934; Notice of Intention To Cancel
Registration of Certain Municipal Advisors Pursuant to Section
15b(C)(3) of the Securities Exchange Act of 1934

February 24, 2022.
    Notice is given that the Securities and Exchange Commission (the
``Commission'') intends to issue an order, pursuant to Section
15B(c)(3) of the Securities Exchange Act of 1934 (the ``Act''),
cancelling the municipal advisor registration of Meno Accounting &
Financial Services (CIK<PHONE_NUMBER>, File No. 867-01015) (hereinafter
referred to as the ``registrant'').
    Section 15B(c)(3) of the Act provides, in pertinent part, that if
the Commission finds that any municipal advisor registered under
Section 15B is no longer in existence or has ceased to do business as a
municipal advisor, the Commission, by order, shall cancel the
registration of such municipal advisor.
    Accordingly, the Commission finds that the registrant (a) is no
longer in existence and is not registered as a municipal advisor with
the MSRB under MSRB Rule A-12(a) and/or (b) does not have an associated
person who is qualified as a municipal advisor representative under
MSRB Rule G-3(d) and for whom there is a Form MA-I required by 17 CFR
240.15Ba1-2(b) available on EDGAR.
    Notice is also given that any interested person may, by March 28,
2022, at 5:30 p.m. Eastern Time, submit to the Commission in writing a
request for a hearing on the cancellation of the registration of the
registrant, accompanied by a statement as to the nature of such
person's interest, the reason for such request, and the issues, if any,
of fact or law proposed to be controverted, and such person may request
to be notified if the Commission should order a hearing thereon. Any
such communication should be addressed to the Commission's Secretary at
the address below.
    At any time after March 28, 2022, the Commission may issue an order
or orders cancelling the registration of the registrant, upon the basis
of the information stated above, unless an order or orders for a
hearing on the cancellation shall be issued upon request or upon the
Commission's own motion. Persons who requested a hearing, or to be
advised as to whether a hearing is ordered, will receive any notices
and orders issued in this matter, including the date of the hearing (if
ordered) and any postponements thereof. Any registrant whose
registration is cancelled under delegated authority may appeal that
decision directly to the Commission in accordance with Rules 430 and
431 of the Commission's rules of practice (17 CFR 201.430 and 431).

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549.

FOR FURTHER INFORMATION CONTACT: Mark Elion, Attorney Advisor, Office
of Municipal Securities, 100 F Street NE, Washington, DC 20549, or at
(202) 551-5680.
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    \1\ 17 CFR 200.30-3a(a)(1)(ii).

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    For the Commission, by the Office of Municipal Securities,
pursuant to delegated authority.\1\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-04331 Filed 3-1-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 25, 2006 (Volume 71, Number 206)]
[Notices]
[Page 62497-62498]
[DOCID:fr25oc06-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54619; File No. SR-FICC-2006-07]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing of a Proposed Rule Change Relating To Providing
Certain Reports to its Members

October 18, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on April 21, 2006, the Fixed
Income Clearing Corporation (``FICC'') filed with the Securities and
Exchange Commission (``Commission'') and on June 2, 2006, amended the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared primarily by FICC. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change would clarify the frequency of certain
reports that FICC will provide to its members.

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

    In its filing with the Commission, FICC 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. FICC has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.\2\
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    \2\ The Commission has modified the text of the summaries
prepared by FICC.
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A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The purpose of the proposed rule change is to further harmonize the
rules of The Depository Trust & Clearing Corporation's clearing agency
subsidiaries. In this filing, FICC proposes to conform the rules of
both its divisions, the Government Securities Division and the Mortgage
Backed Securities Division (``MBSD''), regarding providing FICC's
financial reports to members to the equivalent rule of The Depository
Trust Company (``DTC'').\3\ The revised rules would state that
quarterly unaudited financial statements would only be provided to
members for the first three quarters of the calendar year.\4\ In
addition, although FICC would delete the time frames for providing the
financial reports from its rules (in conformity to DTC's rule), FICC
would nevertheless continue to make its annual audited financial
statements available to its members within 60 days of the fiscal year
end and would continue to make its quarterly unaudited financial
statements available within 30 days of the quarter end.\5\
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    \3\ DTC Rule 15.
    \4\ An annual audited financial statement is provided to members
after the last calendar quarter of each year.
    \5\ FICC will post the information on its website within the
requisite time frames.
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    FICC also proposes to change the time frame in Article V, Rule 5,
Section 3 of MBSD's Clearing Rulebook and EPN Rulebook regarding its
providing to its members with the independent auditors' annual study
and evaluation of MBSD's internal accounting controls. While FICC
proposes to delete these rule provisions in their entirety, FICC would
make this study and evaluation available to its members within a
reasonable time after it receives it from its independent accountants,
which is exactly the practice for DTC.
    FICC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \6\ and the rules and
regulations thereunder because it is a change that does not adversely
affect the safeguarding of securities or funds in the custody or
control of FICC or for which it is responsible.
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    \6\ 15 U.S.C. 78q-1.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FICC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    FICC has not solicited or received written comments relating to the
proposed rule change. FICC will notify the Commission of any written
comments it receives.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change; or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-FICC-2006-07 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-FICC-2006-07. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/

rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C 552, will be available for inspection
and copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at FICC's principal office and on FICC's Web
site at http://www.ficc.com/gov/gov.docs. jsp?NS-query=. 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
submission should refer to File No. SR-FICC-2006-07 and should be
submitted on or before November 15, 2006.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\7\
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-17837 Filed 10-24-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 62980-62981]
[DOCID:fr22oc08-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-2-000]

Columbia Gulf Transmission Company; Notice of Request Under
Blanket Authorization

October 15, 2008.
    Take notice that on October 7, 2008, Columbia Gulf Transmission
Company (Columbia Gulf), 5151 San Felipe, Suite 2500, Houston, Texas,
77056 filed in docket number CP09-2-000, a prior notice request
pursuant to sections 157.205 and 157.214 of the Commission's
Regulations under the Natural Gas Act, and Columbia Gulf's blanket
certificate issued in Docket No. CP83-496-000, for authorization to
increase the horsepower on two compressor units: Unit 507 located at
its Corinth Compressor Station in Alcorn

County, Mississippi from 17,282 hp to 19.500 hp, increasing the total
compression at the Corinth Compressor Station from 49,982 to 52,200 hp;
and Unit 709 located at its Inverness Compressor Stations Humphreys
County, Mississippi from 17,282 hp to 19.500 hp, increasing the total
compression at the Inverness Compressor Station from 45,832 to 48,050
hp. The cost associated with the engine exchange and the proposed up-
rate is estimated to be $2,593,000, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing may also be viewed on the Web at http://
www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to
Frederic J. George, Lead Counsel, Columbia Gulf Transmission Company,
P.O. Box 1273, Charleston, West Virginia 25325-1273, at<PHONE_NUMBER>,
fax<PHONE_NUMBER> or by e-mail at<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-25081 Filed 10-21-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Pages 31921-31922]
[FR Doc No: 2022-11203]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94952; File No. SR-CTA/CQ-2021-03]

Consolidated Tape Association; Notice of Designation of a Longer
Period for Commission Action on the Twenty-Fifth Charges Amendment to
the Second Restatement of the CTA Plan and Sixteenth Charges Amendment
to the Restated CQ Plan

May 19, 2022.
    On November 5, 2021,\1\ certain participants in the Second
Restatement of the Consolidated Tape Association (``CTA'') Plan and
Restated Consolidated Quotation (``CQ'') Plan (collectively ``CTA/CQ
Plans'' or ``Plans'') \2\ filed with the Securities and Exchange
Commission (``SEC'' or ``Commission''), pursuant to Section 11A of the
Securities Exchange Act of 1934 (``Act'') \3\ and Rule 608 of
Regulation National Market System (``NMS'') thereunder,\4\ a proposal
(``Proposed Amendments'') to amend the Plans.\5\ The Proposed
Amendments

were published for comment in the Federal Register on November 26,
2021.\6\
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    \1\ See Letter from Robert Books, Chair, CTA/CQ Operating
Committee, to Vanessa Countryman, Secretary, Commission (Nov. 5,
2021).
    \2\ The CTA Plan, pursuant to which markets collect and
disseminate last-sale price information for non-Nasdaq-listed
securities, is a ``transaction reporting plan'' under Rule 601 of
Regulation NMS, 17 CFR 242.601, and a ``national market system
plan'' under Rule 608 of Regulation NMS, 17 CFR 242.608. The CQ
Plan, pursuant to which markets collect and disseminate bid/ask
quotation information for non-Nasdaq-listed securities, is a
``national market system plan'' under Rule 608 under the Act, 17 CFR
242.608. See Securities Exchange Act Release Nos. 10787 (May 10,
1974), 39 FR at 17799 (May 20, 1974) (declaring the CTA Plan
effective); 15009 (July 28, 1978), 43 FR at 34851 (Aug. 7, 1978)
(temporarily authorizing the CQ Plan); and 16518 (Jan. 22, 1980), 45
FR at 6521 (Jan. 28, 1980) (permanently authorizing the CQ Plan).
    \3\ 15 U.S.C 78k-1.
    \4\ 17 CFR 242.608.
    \5\ The Proposed Amendments were approved and executed by more
than the required two-thirds of the self-regulatory organizations
(``SROs'') that are participants of the UTP Plan. The participants
that approved and executed the amendments (the ``Participants'')
are: Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA
Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, Inc.,
Nasdaq ISE, LLC, Nasdaq PHLX, Inc., The Nasdaq Stock Market LLC, New
York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE
Chicago, Inc., and NYSE National, Inc.. The other SROs that are
participants in the UTP Plan are: Financial Industry Regulatory
Authority, Inc., The Investors' Exchange LLC, Long-Term Stock
Exchange, Inc., MEMX LLC, MIAX PEARL, LLC, and Nasdaq BX, Inc.
    \6\ See Securities Exchange Act Release No. 93625 (Nov. 19,
2021), 86 FR 67517 (Nov. 26, 2021) (``Notice''). Comments received
in response to the Notice are available at https://www.sec.gov/comments/sr-ctacq-2021-03/srctacq202103.htm.
---------------------------------------------------------------------------

    On February 24, 2022, the Commission instituted proceedings
pursuant to Rule 608(b)(2)(i) of Regulation NMS,\7\ to determine
whether to approve or disapprove the Proposed Amendments or to approve
the Proposed Amendments with any changes or subject to any conditions
the Commission deems necessary or appropriate after considering public
comment.\8\ Rule 608(b)(2)(i) of Regulation NMS provides that such
proceedings shall be concluded within 180 days of the date of the
publication of notice of the plan or amendment and that the time for
conclusion of such proceedings may be extended for up to 60 days (up to
240 days from the date of notice publication) if the Commission
determines that a longer period is appropriate and publishes the
reasons for such determination or the plan participants consent to a
longer period.\9\ The 180th day after publication of the Notice for the
Proposed Amendments is May 25, 2022. The Commission is extending this
180-day period.
---------------------------------------------------------------------------

    \7\ 17 CFR 242.608(b)(2)(i).
    \8\ See Securities Exchange Act Release No. 94310 (Feb. 24,
2022), 87 FR 11748 (Mar. 2, 2022) (``OIP''). Comments received in
response to the OIP can be found on the Commission's website at
https://www.sec.gov/comments/sr-ctacq-2021-03/srctacq202103.htm.
    \9\ 17 CFR 242.608(b)(2)(i).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to conclude proceedings regarding the Proposed
Amendments so that it has sufficient time to consider the Proposed
Amendments and the comments received. Accordingly, pursuant to Rule
608(b)(2)(i) of Regulation NMS,\10\ the Commission designates July 24,
2022, as the date by which the Commission shall conclude the
proceedings to determine whether to approve or disapprove the Proposed
Amendments or to approve the Proposed Amendments with any changes or
subject to any conditions the Commission deems necessary or appropriate
(File No. SR-CTA/CQ-2021-03).
---------------------------------------------------------------------------

    \10\ Id.
    \11\ 17 CFR 200.30-3(a)(85).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-11203 Filed 5-24-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Notices]
[Pages 42727-42728]
[FR Doc No: 2012-17740]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9004-1]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements
Filed 07/09/2012 through 07/13/2012
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

SUPPLEMENTARY INFORMATION: EPA is seeking agencies to participate in
its e-NEPA electronic EIS submission pilot. Participating agencies can
fulfill all requirements for EIS filing, eliminating the need to submit
paper copies to EPA Headquarters, by filing documents online and
providing feedback on the process. To participate in the pilot,
register at: https://cdx.epa.gov.

EIS No. 20120230, Draft EIS, USACE, CA, Sierra Vista Specific Plan
Development, Implementation, City of Roseville, Placer County, CA,
Comment Period Ends: 09/04/2012, Contact: James T. Robb<PHONE_NUMBER>.
EIS No. 20120231, Draft EIS, USFS, NE, Fall River West and Oglala
Geographic Areas Allotment Management Planning, Pine Ridge and Fall
Ranger Districts, Nebraska National Forest, Dawes and Sioux Counties,
NE and Fall River County, SD, Comment Period Ends: 09/04/2012, Contact:
Carla Loop<PHONE_NUMBER>.
EIS No. 20120232, Final EIS, RUS, MN, Hampton--Rochester--La Crosse
Transmission System Improvement Project, Construction and Operation of
a 345-kilovolt Transmission Line and Associated Facilities between
Hampton, MN and La Crosse, WI, Review Period Ends: 08/20/2012, Contact:
Stephanie A. Strength<PHONE_NUMBER>.
EIS No. 20120233, Draft EIS, USFS, NM, Prehistoric Trackways National
Monument Resource Management Plan, Implementation, Dona Ana County, NM,
Comment Period Ends: 10/22/2012, Contact: Lori Allen<PHONE_NUMBER>.
EIS No. 20120234, Final EIS, NPS, KY, Big South Fork National River and
Recreation Area Obed Wild and Scenic River Non-Federal Oil and Gas
Management Plan, Implementation, KY and TN, Review Period Ends: 08/20/
2012, Contact: Dan Niosi<PHONE_NUMBER>.
EIS No. 20120235, Draft Supplement, FRA, CA, California High-Speed
Train (HST): Fresno to Bakersfield Section High-Speed Train,
Reintroducing Alignment Alternatives and an Additional Alternative
through the Bakersfield Area, USACE Section 10 and 404 Permits, Fresno,
Kings, Tulare, and Kern Counties, CA, Comment Period Ends: 09/20/2012,
Contact: David Valenstein<PHONE_NUMBER>.
EIS No. 20120236, Draft Supplement, USFS, MT, Beaverhead-Deerlodge
National Forest Land and Resource Management Plan, To Comply District

of Montana Court Order, To Apply the Minimization Criteria to Three
Routes Specifically Designated in the Forest Plan as Exceptions to
Winter, Non-motorized Areas, Beaverhead and Jefferson Counties, MT,
Comment Period Ends: 09/04/2012, Contact: Patty Bates<PHONE_NUMBER>.
EIS No. 20120237, Final Supplement, FHWA, CO, U.S. 550 South Connection
to U.S. 160, Updated Information, to U.S. 160 from Durango to Bayfield,
U.S. Army COE Section 404 Permit, La Plata County, CO, Review Period
Ends: 08/20/2012, Contact: Stephanie Gibson<PHONE_NUMBER>.
EIS No. 20120238, Draft EIS, GSA, DHS, NY, Public Sale of Plum Island
Animal Disease Center, Long Island Sound, Suffolk County, NY, Comment
Period Ends: 09/20/2012, Contact: John Dugan<PHONE_NUMBER>. The U.S.
General Services Administration and U.S. Department of Homeland
Security are Joint Lead Agencies for this project.
EIS No. 20120239, Draft Supplement, USACE, CA, Folsom Dam Modification
Project Approach Channel, Providing New or Additional Information on
the Design and Means to Construct the Auxiliary Spillway Approach
Channel, Placer and El Dorado Counties, CA, Comment Period Ends: 09/10/
2012, Contact: Todd Plain<PHONE_NUMBER>.

Amended Notices

EIS No. 20120161, Draft EIS, USFS, NM, North Fork Eagle Creek Wells,
Special Use Authorization Project, Operation of Four Municipal Supply
Water Wells, Lincoln National Forest, Lincoln County, NM, Comment
Period Ends: 09/07/2012, Contact: Dave Warnack<PHONE_NUMBER> Revision to
FR Notice Published 07/13/2012; Retracting the Extended Comment Period
per the request of USDA, the original comment period ended 07/09/2012.
EIS No. 20120175, Draft EIS, USFWS, DE, Prime Hook National Wildlife
Refuge, Development of a Comprehensive Conservation Plan,
Implementation, Sussex County, DE, Comment Period Ends: 08/27/2012,
Contact: Thomas Bonetti<PHONE_NUMBER>. Revision to FR Notice Published
06/08/2012; Extending Comment Period from 08/06/2012 to 08/27/2012.
EIS No. 20120191, Draft EIS, USACE, CO, Chatfield Reservoir Storage
Reallocation, To Reallocate 20,600 acre-feet of Storage from the
Exclusive Flood Control Pool to the Conservation Pool, Funding,
Jefferson/Douglas Counties, CO, Comment Period Ends: 09/06/2012,
Contact: Gwyn Jarrett<PHONE_NUMBER>. Revision to FR Notice Published 06/
15/2012; Extending the Comment Period from 08/14/2012 to 09/06/2012.
EIS No. 20120201, Draft Supplement, USACE, IN, Indianapolis North Flood
Damage Reduction, Modifications to Project Features and Realignment of
the South Warfleigh Section, Marion County, IN, Comment Period Ends:
08/31/2012, Contact: Michael Turner<PHONE_NUMBER>. Revision to FR Notice
Published 06/29/2012; Extending Comment Period from 08/13/2012 to 08/
31/2012.
EIS No. 20120229, Draft EIS, FHWA, CA, I-710 Corridor Project,
Improvements from Ocean Boulevard in the City of Long Beach to State
Route 60 in East Los Angeles, Funding, Los Angeles County, CA, Comment
Period Ends: 08/29/2012, Contact: Cesar E. Perez<PHONE_NUMBER>, Revision
to FR Notice Published 07/13/2012; Extending Comment Period to 08/29/
2012.

    Dated: July 17, 2012.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2012-17740 Filed 7-19-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50425-50427]
[FR Doc No: 2018-21679]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84328; File No. SR-NASDAQ-2018-077]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
the Minimum Quantity Order Attribute

October 1, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 19, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to specify that an Order with a Minimum
Quantity Order Attribute is ineligible to participate in the Nasdaq
Opening, Halt or Closing Crosses and is not included in the calculation
of the Cross price.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to specify that an Order \3\ with a
Minimum Quantity Order Attribute \4\ is ineligible to participate in
the Nasdaq Opening,\5\ Halt \6\ or Closing \7\ Crosses (collectively,
the ``Nasdaq Crosses'') and is not included in the calculation of the
Cross price. Minimum Quantity is an Order Attribute that allows a
Participant to provide that an Order will not execute unless a
specified minimum quantity of shares can be obtained. In 2011, the
Exchange amended its rules concerning the Minimum Quantity Order
Attribute to remove a restriction from the rule, which only allowed
Orders with a Minimum Quantity Order Attribute to immediately
execute.\8\ Thus, the proposed change allowed an Order with a Minimum
Quantity Order Attribute to post to the Nasdaq Book \9\ if it is not
able to execute immediately and, once posted to the Nasdaq Book, the
Order would execute if an incoming Order that is marketable against it
would satisfy its minimum quantity requirement.\10\ In proposing the
new Order Attribute, the Exchange did not address participation of the
Order Attribute in the Nasdaq Crosses; however, it never intended for
Orders with a Minimum Quantity Order Attribute to participate in any of
the Nasdaq Crosses. The Minimum Quantity Order Attribute allows market
participants avoid transacting with smaller Orders that they believe

ultimately increase the cost of the transaction. In particular, if a
market participant that seeks to execute a large number of shares is
able to execute in larger sizes, the contra-party to the execution is
less likely to be a participant that reacts to short term changes in
the stock price. As such, the price impact to the stock could be less
acute when larger individual executions are obtained by the market
participant. The Minimum Quantity Order Attribute is also designed to
give a participant flexibility in whether its Order will receive
partial executions in a volatile market. Because the Nasdaq Crosses
offer a controlled price discovery process, flexibility and avoidance
of small-sized executions is not required. In proposing the Minimum
Quantity Order Attribute amendments in 2011, Nasdaq stated:

    \3\ The term ``Order'' means an instruction to trade a specified
number of shares in a specified System Security submitted to the
Nasdaq Market Center by a Participant. An ``Order Type'' is a
standardized set of instructions associated with an Order that
define how it will behave with respect to pricing, execution, and/or
posting to the Nasdaq Book when submitted to Nasdaq. An ``Order
Attribute'' is a further set of variable instructions that may be
associated with an Order to further define how it will behave with
respect to pricing, execution, and/or posting to the Nasdaq Book
when submitted to Nasdaq. The available Order Types and Order
Attributes, and the Order Attributes that may be associated with
particular Order Types, are described in Rules 4702 and 4703. One or
more Order Attributes may be assigned to a single Order; provided,
however, that if the use of multiple Order Attributes would provide
contradictory instructions to an Order, the System will reject the
Order or remove non-conforming Order Attributes. See Rule 4701(e).
    \4\ Id.
    \5\ See Rule 4752.
    \6\ See Rule 4753.
    \7\ See Rule 4754.
    \8\ See Securities Exchange Act Release No. 65536 (October 12,
2011), 76 FR 64411 (October 18, 2011) (SR-NASDAQ-2011-140).
    \9\ See Rule 4701(a)(1).
    \10\ See note 8, supra.

    A Minimum Quantity Order provides a means by which a market
participant may avoid partial executions of orders at sizes that it
considers inadequate to achieve its purposes. For example, a market
participant seeking to sell a large position in a trading session
with high volatility may use the order type to avoid selling only a
small portion of the order at the price it considers acceptable.\11\
---------------------------------------------------------------------------

    \11\ See note 8, supra at 64412.

Consequently, use of the Minimum Quantity Order Attribute outside of
the continuous market is inconsistent with the purpose of this Order
Attribute. Upon adoption of the Minimum Quantity Order Attribute
amendments in 2011, the Exchange also clearly notified market
participants via an Equity Trader Alert that Orders with a Minimum
Quantity Order Attribute are ineligible to participate in the Nasdaq
Crosses.\12\
---------------------------------------------------------------------------

    \12\ Specifically, the Exchange provided a series of FAQ's,
which included the following: ``Can orders with Minimum Quantity
instructions participate in auctions (i.e. open, halt, close)? No,
orders with MinQty instructions will not participate in auctions
(i.e. open, halt, close).'' See Nasdaq Equity Trader Alert #2011-51
(available at: http://www.nasdaqtrader.com/TraderNews.aspx?id=ETA2011-51).
---------------------------------------------------------------------------

    In light of this ambiguity in the Rules,\13\ the Exchange is
proposing to specify that an Order with a Minimum Quantity Order
Attribute is ineligible to participate in the Nasdaq Opening, Halt or
Closing Crosses and is not included in the calculation of the Cross
price.\14\
---------------------------------------------------------------------------

    \13\ Notwithstanding the ambiguity in the Rules, no market
participant has requested participation of their Orders with a
Minimum Quantity Order Attribute in any of the Nasdaq Crosses.
    \14\ The Exchange notes that it recently identified an issue
with the handling of Orders with a Minimum Quantity Order Attribute,
which allowed such Orders to participate in the Crosses but they
were not included in the calculation of the Cross price. See Nasdaq
Market System Status Alert, August 24, 2018 and August 30, 2018
(available at: http://www.nasdaqtrader.com/Trader.aspx?id=MarketSystemStatusSearch). The Exchange further notes
that neither the Rules concerning the Nasdaq Crosses nor the Minimum
Quantity Rule addressed participation of Minimum Quantity Orders in
the Nasdaq Crosses. To make the treatment consistent with the
Exchange's original intent when implementing the new Order
Attribute, the Exchange has determined to exclude Orders with a
Minimum Quantity Order Attribute from both the calculation of the
Cross price (which is currently the case) and possible execution in
the Nasdaq Crosses. The Exchange is correcting the issue concurrent
with the implementation of this proposed rule change.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\15\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\16\ in particular, in that it is designed 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, by specifying in its rules that an Order with a Minimum
Quantity Order Attribute may not participate in the Nasdaq Crosses and
is not included in the calculation of the Cross price. As described
above, the Minimum Quantity Order Attribute allows market participants
to avoid transacting with smaller Orders that they believe ultimately
increase the cost of the transaction, particularly if they have a large
number of shares to be executed. As such, the price impact to the stock
could be less acute when larger individual executions are obtained by
the market participant. The Minimum Quantity Order Attribute is also
designed to give a participant flexibility in whether its Order will
receive partial executions in a volatile market. Because the Nasdaq
Crosses offer a controlled price discovery process, flexibility and
avoidance of small-sized executions is not required. The Exchange notes
that no market participant has requested participation of their Orders
with a Minimum Quantity Order Attribute in any of the Nasdaq Crosses.
The proposed change will further perfect the Exchange's rules and
protect investors and the public interest by avoiding any confusion
caused by vague rules. Adding specificity to the rules with respect to
Orders with a Minimum Quantity Order Attribute will ensure that the
rule concerning this Order Attribute is consistent with the Exchange's
intent upon its adoption.\17\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ See note 12, supra.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Rather, the proposed rule
change makes the Exchange's rules more specific by explicitly stating
that an Order with a Minimum Quantity Order Attribute is ineligible to
participate in the Nasdaq Opening, Halt or Closing Crosses and is not
included in the calculation of the Cross price, which will enhance
market participants' understanding of the operation of Orders with a
Minimum Quantity Order Attribute in the Nasdaq Crosses. Moreover, the
proposed change is consistent with the intent of the Order Attribute.
As described above, the Minimum Quantity Order Attribute is designed to
help market participants reduce costs of executing large-sized Orders,
which otherwise may execute in many small transactions, each
potentially increasing the price of the transaction. The Nasdaq Crosses
provide a controlled price discovery process, in which the control and
flexibility of the Minimum Quantity Order Attribute is not needed. The
Exchange notes that no market participant has requested participation
of the Minimum Quantity Order Attribute in any of the Nasdaq Crosses.
Accordingly, the proposed rule change does not implicate competition
whatsoever.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.

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

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \20\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \21\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. Waiver
of the operative delay would allow the Exchange to promptly amend its
rule to exclude Orders with a Minimum Quantity Order Attribute from the
Nasdaq Crosses and Cross price calculations,\22\ and promptly implement
system changes in accordance with the rule. The Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\23\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ According to the Exchange, no market participant has
requested participation of the Minimum Quantity Order Attribute in
any of the Nasdaq Crosses.
    \23\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2018-077 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2018-077. 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-NASDAQ-2018-077, and should be submitted
on or before October 26, 2018.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21679 Filed 10-4-18; 8:45 am]
 BILLING CODE 8011-01-P