[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11212-11266]
[FR Doc No: 2016-04692]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9943-17-OLEM]

Twenty-Ninth Update of the Federal Agency Hazardous Waste
Compliance Docket

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Since 1988, the Environmental Protection Agency (EPA) has
maintained a Federal Agency Hazardous Waste Compliance Docket
(``Docket'') under Section 120(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). Section 120(c)
requires EPA to establish a Docket that contains certain information
reported to EPA by Federal facilities that manage hazardous waste or
from which a reportable quantity of hazardous substances has been
released. As explained further below, the Docket is used to identify
Federal facilities that should be evaluated to determine if they pose a
threat to public health or welfare and the environment and to provide a
mechanism to make this information available to the public.
    This notice includes the complete list of Federal facilities on the
Docket and also identifies Federal facilities reported to EPA since the
last update of the Docket on August 17, 2015. In addition to the list
of additions to the Docket, this notice includes a section with
revisions of the previous Docket list. Thus, the revisions in this
update include 7 additions, 22 corrections, and 42 deletions to the
Docket since the previous update. At the time of publication of this
notice, the new total number of Federal facilities listed on the Docket
is 2,326. Since the last update, EPA has identified a discrepancy in
the total number of facilities published in the Federal Register. The
number of Docket sites in the Federal Register did not match the number
of sites on EPA's Master Docket List. EPA has reconciled the
discrepancies and the list is now and both lists are now matching a
current. This publication contains the

entire Docket list to clarify the number of sites.

DATES: This list is current as of February 12, 2016.

FOR FURTHER INFORMATION CONTACT: Electronic versions of the Docket and
more information on its implementation can be obtained at http://www.epa.gov/fedfac/previous-federal-agency-hazardous-waste-compliance-docket-updates by clicking on the link for Update #29 to the Federal
Agency Hazardous Waste Compliance Docket or by contacting Benjamin
Simes (Simes.Benjamin@epa.gov), Federal Agency Hazardous Waste
Compliance Docket Coordinator, Federal Facilities Restoration and Reuse
Office (Mail Code 5106P), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

Table of Contents

1.0 Introduction
2.0 Regional Docket Coordinators
3.0 Revisions of the Previous Docket
4.0 Process for Compiling the Updated Docket
5.0 Facilities Not Included
6.0 Facility NPL Status Reporting, Including NFRAP Status
7.0 Information Contained on Docket Listing

1.0 Introduction

    Section 120(c) of CERCLA, 42 United States Code (U.S.C.) Sec.
9620(c), as amended by the Superfund Amendments and Reauthorization Act
of 1986 (SARA), requires EPA to establish the Federal Agency Hazardous
Waste Compliance Docket. The Docket contains information on Federal
facilities that manage hazardous waste and such information is
submitted by Federal agencies to EPA under Sections 3005, 3010, and
3016 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C.
6925, 6930, and 6937. Additionally, the Docket contains information on
Federal facilities with a reportable quantity of hazardous substances
that has been released and such information is submitted by Federal
agencies to EPA under Section 103 of CERCLA, 42 U.S.C. 9603.
Specifically, RCRA Section 3005 establishes a permitting system for
certain hazardous waste treatment, storage, and disposal (TSD)
facilities; RCRA Section 3010 requires waste generators, transporters
and TSD facilities to notify EPA of their hazardous waste activities;
and RCRA Section 3016 requires Federal agencies to submit biennially to
EPA an inventory of their Federal hazardous waste facilities. CERCLA
Section 103(a) requires the owner or operator of a vessel or onshore or
offshore facility to notify the National Response Center (NRC) of any
spill or other release of a hazardous substance that equals or exceeds
a reportable quantity (RQ), as defined by CERCLA Section 101.
Additionally, CERCLA Section 103(c) requires facilities that have
``stored, treated, or disposed of'' hazardous wastes and where there is
``known, suspected, or likely releases'' of hazardous substances to
report their activities to EPA.
    CERCLA Section 120(d) requires EPA to take steps to assure that a
Preliminary Assessment (PA) be completed for those sites identified in
the Docket and that the evaluation and listing of sites with a PA be
completed within a reasonable time frame. The PA is designed to provide
information for EPA to consider when evaluating the site for potential
response action or inclusion on the National Priorities List (NPL).
    The Docket serves three major purposes: (1) To identify all Federal
facilities that must be evaluated to determine whether they pose a
threat to human health and the environment sufficient to warrant
inclusion on the National Priorities List (NPL); (2) to compile and
maintain the information submitted to EPA on such facilities under the
provisions listed in Section 120(c) of CERCLA; and (3) to provide a
mechanism to make the information available to the public.
    The initial list of Federal facilities to be included on the Docket
was published in the Federal Register on February 12, 1988 (53 FR
4280). Since then, updates to the Docket have been published on
November 16, 1988 (53 FR 46364); December 15, 1989 (54 FR 51472);
August 22, 1990 (55 FR 34492); September 27, 1991 (56 FR 49328);
December 12, 1991 (56 FR 64898); July 17, 1992 (57 FR 31758); February
5, 1993 (58 FR 7298); November 10, 1993 (58 FR 59790); April 11, 1995
(60 FR 18474); June 27, 1997 (62 FR 34779); November 23, 1998 (63 FR
64806); June 12, 2000 (65 FR 36994); December 29, 2000 (65 FR 83222);
October 2, 2001 (66 FR 50185); July 1, 2002 (67 FR 44200); January 2,
2003 (68 FR 107); July 11, 2003 (68 FR 41353); December 15, 2003 (68 FR
69685); July 19, 2004 (69 FR 42989); December 20, 2004 (69 FR 75951);
October 25, 2005 (70 FR 61616); August 17, 2007 (72 FR 46218); November
25, 2008 (73 FR 71644); October 13, 2010 (75 FR 62810); November 6,
2012 (77 FR 66609); March 18, 2013 (78 FR 16668); January 6, 2014 (79
FR 654), December 31, 2014 (79 FR 78850); and August 17, 2015 (80 FR
49223). This notice constitutes the twenty-ninth update of the Docket.
    This notice provides some background information on the Docket.
Additional information on the Docket requirements and implementation
are found in the Docket Reference Manual, Federal Agency Hazardous
Waste Compliance Docket found at http://www.epa.gov/fedfac/docket-reference-manual-federal-agency-hazardous-waste-compliance-docket-interim-final or obtained by calling the Regional Docket Coordinators
listed below. This notice also provides changes to the list of sites
included on the Docket in three areas: (1) Additions, (2) Deletions,
and (3) Corrections. Specifically, additions are newly identified
Federal facilities that have been reported to EPA since the last update
and now are included on the Docket; the deletions section lists Federal
facilities that EPA is deleting from the Docket.\1\ The information
submitted to EPA on each Federal facility is maintained in the Docket
repository located in the EPA Regional office of the Region in which
the Federal facility is located; for a description of the information
required under those provisions, see 53 FR 4280 (February 12, 1988).
Each repository contains the documents submitted to EPA under the
reporting provisions and correspondence relevant to the reporting
provisions for each Federal facility.
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    \1\ See Section 3.2 for the criteria for being deleted from the
Docket.
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    In prior updates, information was also provided regarding No
Further Remedial Action Planned (NFRAP) status changes. However,
information on NFRAP and NPL status is no longer being provided
separately in the Docket update as it is now available at: http://www.epa.gov/fedfac/fedfacts-information-about-federal-electronic-docket-facilities or by contacting the EPA HQ Docket Coordinator at the
address provided in the FOR FURTHER INFORMATION CONTACT section of this
notice.

2.0 Regional Docket Coordinators

    Contact the following Docket Coordinators for information on
Regional Docket repositories:

    Martha Bosworth (HBS), US EPA Region 1, 5 Post Office Square,
Suite 100, Mail Code: OSRR07-2, Boston MA 02109-3912, (617) 918-
1407.
    Helen Shannon (ERRD), US EPA Region 2, 290 Broadway, New York,
NY 10007-1866, (212) 637- 4260.
    Joseph Vitello (3HS12), US EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19107,<PHONE_NUMBER>.

    Dawn Taylor (4SF-SRSEB), US EPA Region 4, 61 Forsyth St. SW.,
Atlanta, GA 30303,<PHONE_NUMBER>.
    Michael Chrystof (SR-6J), US EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604,<PHONE_NUMBER>.
    Philip Ofosu (6SF-RA), US EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733,<PHONE_NUMBER>.
    Paul Roemerman (SUPRERSP), US EPA Region 7, 11201 Renner Blvd.,
Lenexa, KS 66219,<PHONE_NUMBER>.
    Ryan Dunham (EPR-F), US EPA Region 8, 1595 Wynkoop Street,
Denver, CO 80202,<PHONE_NUMBER>.
    Leslie Ramirez (SFD-6-1), US EPA Region 9, 75 Hawthorne Street,
San Francisco, CA 94105,<PHONE_NUMBER>.
    Monica Lindeman (ECL, ABU), US EPA Region 10, 1200 Sixth Avenue,
Suite 900, ECL-112, Seattle, WA 98101,<PHONE_NUMBER>.

3.0 Revisions of the Previous Docket

    This section includes a discussion of the additions and deletions
to the list of Docket facilities since the previous Docket update.

3.1 Additions

    In this notice, 7 Federal facilities are being added to the Docket,
primarily because of new information obtained by EPA (for example,
recent reporting of a facility pursuant to RCRA Sections 3005, 3010, or
3016 or CERCLA Section 103). CERCLA Section 120, as amended by the
Defense Authorization Act of 1997, specifies that EPA take steps to
assure that a Preliminary Assessment (PA) be completed within a
reasonable time frame for those Federal facilities that are included on
the Docket. Among other things, the PA is designed to provide
information for EPA to consider when evaluating the site for potential
response action or listing on the NPL.

3.2 Deletions

    In this notice, 42 Federal facilities are being deleted from the
Docket. There are no statutory or regulatory provisions that address
deletion of a facility from the Docket. However, if a facility is
incorrectly included on the Docket, it may be deleted from the Docket.
The criteria EPA uses in deleting sites from the Docket include: A
facility for which there was an incorrect report submitted for
hazardous waste activity under RCRA (e.g., 40 CFR 262.44); a facility
that was not Federally-owned or operated at the time of the listing; a
facility included more than once (i.e., redundant listings); or when
multiple facilities are combined under one listing. (See Docket Codes
(Categories for Deletion of Facilities) for a more refined list of the
criteria EPA uses for deleting sites from the Docket. Facilities being
deleted no longer will be subject to the requirements of CERCLA Section
120(d).

3.3 Corrections

    Changes necessary to correct the previous Docket are identified by
both EPA and Federal agencies. The corrections section may include
changes in addresses or spelling, and corrections of the recorded name
and ownership of a Federal facility. In addition, changes in the names
of Federal facilities may be made to establish consistency in the
Docket or between the Superfund Enterprise Management System (SEMS) and
the Docket. For the Federal facility for which a correction is entered,
the original entry is as it appeared in previous Docket updates. The
corrected update is shown directly below, for easy comparison. This
notice includes 22 corrections.

4.0 Process for Compiling the Updated Docket

    In compiling the newly reported Federal facilities for the update
being published in this notice, EPA extracted the names, addresses, and
identification numbers of facilities from four EPA databases--the
WebEOC, the Biennial Inventory of Federal Agency Hazardous Waste
Activities, the Resource Conservation and Recovery Act Information
System (RCRAInfo), and SEMS--that contain information about Federal
facilities submitted under the four provisions listed in CERCLA Section
120(c).
    EPA assures the quality of the information on the Docket by
conducting extensive evaluation of the current Docket list and contacts
the other Federal Agency (OFA) with the information obtained from the
databases identified above to determine which Federal facilities were,
in fact, newly reported and qualified for inclusion on the update. EPA
is also striving to correct errors for Federal facilities that were
previously reported. For example, state-owned or privately-owned
facilities that are not operated by the Federal government may have
been included. Such problems are sometimes caused by procedures
historically used to report and track Federal facilities data.
Representatives of Federal agencies are asked to contact the EPA HQ
Docket Coordinator at the address provided in the FOR FURTHER
INFORMATION CONTACT section of this notice if revisions of this update
information are necessary.

5.0 Facilities Not Included

    Certain categories of facilities may not be included on the Docket,
such as: (1) Federal facilities formerly owned by a Federal agency that
at the time of consideration was not Federally-owned or operated; (2)
Federal facilities that are small quantity generators (SQGs) that have
never generated more than 1,000 kg of hazardous waste in any month; (3)
Federal facilities that are solely hazardous waste transportation
facilities, as reported under RCRA Section 3010; and (4) Federal
facilities that have mixed mine or mill site ownership.
    An EPA policy issued in June 2003 provided guidance for a site-by-
site evaluation as to whether ``mixed ownership'' mine or mill sites,
typically created as a result of activities conducted pursuant to the
General Mining Law of 1872 and never reported under Section 103(a),
should be included on the Docket. For purposes of that policy, mixed
ownership mine or mill sites are those located partially on private
land and partially on public land. This policy is found at http://www.epa.gov/fedfac/policy-listing-mixed-ownership-mine-or-mill-sites-created-result-general-mining-law-1872. The policy of not including
these facilities may change; facilities now omitted may be added at
some point if EPA determines that they should be included.

6.0 Facility NPL Status Reporting, Including NFRAP Status

    EPA typically tracks the NPL status of Federal facilities listed on
the Docket. An updated list of the NPL status of all Docket facilities,
as well as their NFRAP status, is available at http://www.epa.gov/fedfac/fedfacts-information-about-federal-electronic-docket-facilities
or by contacting the EPA HQ Docket Coordinator at the address provided
in the FOR FURTHER INFORMATION CONTACT section of this notice. In prior
updates, information regarding NFRAP status changes was provided
separately.

7.0 Information Contained on Docket Listing

    The information is provided in four tables. The first table is a
list of new Federal facilities that are being added to the Docket. The
second table is a list of Federal facilities that are being deleted
from the Docket. The third table is for corrections. The fourth table
is the complete Docket list, this list is current and includes the
changes from Update #29.
    The Federal facilities listed in each table are organized by the
date reported. Under each heading is listed the name and address of the
facility, the Federal agency responsible for the facility, the
statutory provision(s) under which the

facility was reported to EPA, and a code.\2\
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    \2\ Each Federal facility listed in the update has been assigned
a code that indicates a specific reason for the addition or
deletion. The code precedes this list.
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    The statutory provisions under which a Federal facility is reported
are listed in a column titled ``Reporting Mechanism.'' Applicable
mechanisms are listed for each Federal facility: For example, Sections
3005, 3010, 3016, 103(c), or Other. ``Other'' has been added as a
reporting mechanism to indicate those Federal facilities that otherwise
have been identified to have releases or threat of releases of
hazardous substances. The National Contingency Plan 40 CFR 300.405
addresses discovery or notification, outlines what constitutes
discovery of a hazardous substance release, and states that a release
may be discovered in several ways, including: (1) A report submitted in
accordance with Section 103(a) of CERCLA, i.e., reportable quantities
codified at 40 CFR part 302; (2) a report submitted to EPA in
accordance with Section 103(c) of CERCLA; (3) investigation by
government authorities conducted in accordance with Section 104(e) of
CERCLA or other statutory authority; (4) notification of a release by a
Federal or state permit holder when required by its permit; (5)
inventory or survey efforts or random or incidental observation
reported by government agencies or the public; (6) submission of a
citizen petition to EPA or the appropriate Federal facility requesting
a preliminary assessment, in accordance with Section 105(d) of CERCLA;
(7) a report submitted in accordance with Section 311(b)(5) of the
Clean Water Act; and (8) other sources. As a policy matter, EPA
generally believes it is appropriate for Federal facilities identified
through the CERCLA discovery and notification process to be included on
the Docket.
    The complete list of Federal facilities that now make up the Docket
and the NPL and NFRAP status are available to interested parties and
can be obtained at http://www.epa.gov/fedfac/fedfacts-information-about-federal-electronic-docket-facilities or by contacting the EPA HQ
Docket Coordinator at the address provided in the FOR FURTHER
INFORMATION CONTACT section of this notice. As of the date of this
notice, the total number of Federal facilities that appear on the
Docket is 2,326.

    Dated: February 24, 2016.
Charlotte Bertrand,
Acting Director, Federal Facilities Restoration and Reuse Office,
Office of Land and Emergency Management.

Categories for Deletion of Facilities

    (1) Small-Quantity Generator. Show citation box.
    (2) Never Federally Owned and/or Operated.
    (3) Formerly Federally Owned and/or Operated but not at time of
listing.
    (4) No Hazardous Waste Generated.
    (5) (This code is no longer used.)
    (6) Redundant Listing/Site on Facility.
    (7) Combining Sites Into One Facility/Entries Combined.
    (8) Does Not Fit Facility Definition.

Categories for Addition of Facilities

    (15) Small-Quantity Generator with either a RCRA 3016 or CERCLA 103
Reporting Mechanism.
    (16) One Entry Being Split Into Two (or more)/Federal Agency
Responsibility Being Split.
    (17) New Information Obtained Showing That Facility Should Be
Included.
    (18) Facility Was a Site on a Facility That Was Disbanded; Now a
Separate Facility.
    (19) Sites Were Combined Into One Facility.
    (19A) New Currently Federally Owned and/or Operated Facility Site.

Categories for Corrections of Information About Facilities

    (20) Reporting Provisions Change.
    (20A) Typo Correction/Name Change/Address Change.
    (21) Changing Responsible Federal Agency. (If applicable, new
responsible Federal agency submits proof of previously performed PA,
which is subject to approval by EPA.)
    (22) Changing Responsible Federal Agency and Facility Name. (If
applicable, new responsible Federal Agency submits proof of previously
performed PA, which is subject to approval by EPA.)
    (24) Reporting Mechanism Determined To Be Not Applicable After
Review of Regional Files.

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[FR Doc. 2016-04692 Filed 3-2-16; 8:45 am]
BILLING CODE 6560-50-C


[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Rules and Regulations]
[Pages 6123-6125]
[FR Doc No: 2018-02601]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1068; Product Identifier 2017-CE-034-AD; Amendment
39-19190; AD 2018-03-17]
RIN 2120-AA64

Airworthiness Directives; Aeroclubul Romaniei Gliders

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
Aeroclubul Romaniei Model IS-28B2 gliders. This AD results from
mandatory continuing airworthiness information (MCAI) issued by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as cracks at stringers in the rear fuselage of several Model
IS-28B2 gliders. We are issuing this AD to require actions to address
the unsafe condition on these products.

DATES: This AD is effective March 20, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 20,
2018.

ADDRESSES: You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1068; or in person at U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
    For service information identified in this AD, contact Aeroclubul
Romaniei, Bd.Lascar Catargiu, Nr.54, cod: 010673, Sector 1, Bucharest,
Romania; telephone: 011+40 021-312-36-19; fax: 011+40 021-312-36-19;
internet: www.aeroclubulromaniei.ro; email: www.aeroclubulromaniei.ro/
contact/. You may view this referenced service information at the FAA,
Policy and Innovation Division, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for Docket No. FAA-2017-1068.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to Aeroclubul Romaniei Model
IS-28B2 gliders. The NPRM was published in the Federal Register on
November 14, 2017 (82 FR 52676). The NPRM proposed to correct an unsafe
condition for the specified products and was based on mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country. The MCAI states:

    Cracks were reportedly detected, located at stringers in the
rear fuselage of a number of IS-28B2 sailplanes. The subsequent
investigation attributed these cracks to induction of a pre-stress
during the manufacturing process of the affected parts.
    This condition, if not detected and corrected, could lead to
reduced structural strength, possibly resulting in a loss of
structural integrity of the sailplane.
    To address this potentially unsafe condition, Aeroclubul
Romaniei (AR) issued Service Bulletin (SB) SB-IS-28B2-AR-01 to
provide inspection instructions. AR is currently developing
modification(s) to provide a design solution for the affected
sailplanes.
    For the reasons described above, this [EASA] AD requires
repetitive inspections of the structure of the rear fuselage and,
depending on findings, accomplishment of applicable corrective
action(s).
    This [EASA] AD is considered to be an interim action and further
AD action may follow.

    The MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2017-1068-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Aeroclubul Romaniei Service Bulletin No.: SB-IS-28B2-
AR-01, Revision 003, dated February 9, 2017 (ARSB No. AR-01), and
Aeroclubul Romaniei Service Bulletin No.: SB-IS-28B2-AR-02, Revision
01, dated February 24, 2017 (ARSB No. AR-02). ARSB No. AR-01 describes
procedures for inspection of the rear fuselage area to detect any
cracks, ruptures, or corrosion. ARSB No. AR-02 describes procedures for
installation of a modification to the upper stringer of the rear
fuselage. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of the AD.

Costs of Compliance

    We estimate that this AD will affect 30 products of U.S. registry.
We also estimate that it would take about 2 work-hours per product to
comply with

the basic requirements of this AD. The average labor rate is $85 per
work-hour.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $5,100, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 15 work-hours and require parts costing $1,000, for a cost
of $2,275 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1068; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
the NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2018-03-17 Aeroclubul Romaniei: Amendment 39-19190; Docket No. FAA-
2017-1068; Product Identifier 2017-CE-034-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 20,
2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Aeroclubul Romaniei Model IS-28B2 gliders,
all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 53: Fuselage.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as cracks at
stringers in the rear fuselage of several Model IS-28B2 gliders. We
are issuing this AD to detect and correct cracks, which could lead
to reduced structural strength resulting in loss of structural
integrity and loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) through (3):
    (1) Within 90 days after March 20, 2018 (the effective date of
this AD) and repetitively thereafter at intervals not to exceed 50
hours time-in-service (TIS), inspect the rear fuselage structure
following the instructions in Aeroclubul Romaniei Service Bulletin
(SB) No.: SB-IS-28B2-AR-01, Revision 003, dated February 9, 2017.
    (2) If any crack or corrosion is detected during any inspection
required in paragraph (f)(1) of this AD, before further flight,
modify the rear fuselage structure following the instructions in
Aeroclubul Romaniei SB No.: SB-IS-28B2-AR-02, Revision 01, dated
February 24, 2017.
    (3) Completion of the modification to the rear fuselage
structure as required in paragraph (f)(2) of this AD terminates the
repetitive inspections required in paragraph (f)(1) of this AD.

(g) Reporting Requirement

    Although Aeroclubul Romaniei SB No.: SB-IS-28B2-AR-01, Revision
003, dated February 9, 2017, specifies to submit certain information
to the manufacturer, this AD does not require that action.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Small Airplane Standards Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax: (816) 329-
4090; email: [email protected]. Before using any approved AMOC
on any glider to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, Small Airplane
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA).

(i) Related Information

    Refer to MCAI AD No.: 2016-0233, dated November 23, 2016. The
MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2017-1068-0002.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Aeroclubul Romaniei Service Bulletin No.: SB-IS-28B2-AR-01,
Revision 003, dated February 9, 2017.
    (ii) Aeroclubul Romaniei Service Bulletin No.: SB-IS-28B2-AR-02,
Revision 01, dated February 24, 2017.
    (3) For Aeroclubul Romaniei service information identified in
this AD, contact: Aeroclubul Romaniei, Bd.Lascar Catargiu, Nr.54,
cod: 010673, Sector 1, Bucharest, Romania; telephone: 011+40 021-
312-36-19; fax: 011+40 021-312-36-19; internet:
www.aeroclubulromaniei.ro; email: www.aeroclubulromaniei.ro/
contact/.
    (4) You may view this service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. In addition, you can access this service information
on the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-1068.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on February 5, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2018-02601 Filed 2-12-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Page 57472]
[FR Doc No: 2018-24883]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-302-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; NTE Southeast
Electric Company, LLC

    This is a supplemental notice in the above-referenced NTE Southeast
Electric Company, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 28, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: November 8, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-24883 Filed 11-14-18; 8:45 am]
 BILLING CODE 6717-01-P


Proposed Rule: Change to the Reporting Date for Inputs to Emission Equations under the GHG Reporting Rule
Meeting Documentation: NEDA/CAP, June 9, 2011
Date
EPA Staff Contact Information (Name, email, phone #)
Name of Organization (Attach list of all attendees' names and emails if possible)
Summary of Discussion (e.g., applicability, reporting requirements, etc.)
Written Comments Provided?
Did they also submit to Docket?
Date sent to EPA- CCD

6/9/11
Jessica Gordon
<EMAIL_ADDRESS>Jennifer Bohman
<EMAIL_ADDRESS>Benjamin Grawe, Johnson Controls/
   Gonzalez Saggio Harlan LLP
Al Collins, Occidental Petroleum Corp.
Leslie Ritts, Ritts Law Group
Mike Palazzolo, Alcoa Inc.
Jeffrey J. Lettrich, Alcoa Inc.
Mike Babos, Merck & Co., Inc.
Steve Woock, Weyerhaeuser Co.
Rob Kaufmann, Koch Company Public
   Sector LLC
Barbara Bankoff, Eli Lilly & Co.
Maxine Dewbury, Proctor & Gamble
Doug Deason, ExxonMobil
Jenna Martin, ExxonMobil
Linda Farrington, Eli Lilly
Steve Zuiss, Invista SARL

-  timing of the final deferral rule
- basis for reclassifying certain data elements as CBI rather than inputs to emission equations

Written comments submitted to Docket EPA-HQ-OAR-2010-0929
3/7/11


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Page 47072]
[FR Doc No: 2017-21694]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifth Drone Advisory Committee Meeting

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation.

ACTION: Fifth DAC meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
Fifth DAC Meeting.

DATES: The meeting will be held on November 8, 2017, 9:00 a.m.-4:30
p.m. PST.

ADDRESSES: The meeting will be held at the Amazon Meeting Center, 2031
7th Avenue, Seattle, WA 98121.

FOR FURTHER INFORMATION CONTACT: Al Secen at<EMAIL_ADDRESS>or 202-
330-0647, or The RTCA Secretariat, 1150 18th Street NW., Suite 910,
Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax at 202-833-
9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given of the Fifth DAC Meeting. The DAC is a component of RTCA,
which is a Federal Advisory Committee. The agenda will likely include,
but may not be limited to, the following:

Wednesday, November 8, 2017

 Official Statement of the Designated Federal Officer
 Welcome and Introductions
 Review of the Fourth DAC Meeting
 Approval of Minutes from the Fourth DAC Meeting
 Report from the DAC Chairman
 Update from the FAA
 Report from the DAC Subcommittee (SC) Co-Chairs
 Reports from the Co-Chairs of the DACSC Task Groups (TGs)
 Discussion of Reports from the Co-Chairs of the DACSC TGs
 Report from MITRE
 New Assignments/Agenda Topics/Other
 Closing Remarks
 Adjourn

    Attendance is open to the interested public. With the approval of
the chairman, members of the public may present oral statements at the
meeting. Persons wishing to present statements or obtain information
should contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. Members of the public may present a written statement to the
committee at any time.

    Issued in Washington, DC, on October 2, 2017.
Christopher W. Harm,
Unmanned Aircraft Systems (UAS) Stakeholder and Committee Liaison, AUS-
10, UAS Integration Office, FAA.
[FR Doc. 2017-21694 Filed 10-6-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68762-68768]
[FR Doc No: 2023-22011]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98648; File No. SR-MEMX-2023-26]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend the
Exchange's Fee Schedule and Adopt Membership Fees for MEMX Options

September 29, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 28, 2023, MEMX LLC (``MEMX'' or the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared 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 is filing with the Commission a proposed rule change
to amend the Exchange's fee schedule applicable to Members \3\ (the
``Fee Schedule'') pursuant to Exchange Rules 15.1(a) and (c) to
establish membership fees for Members of the Exchange's options
platform and make a number of clarifying, organizational changes to its
Fee Schedule. The Exchange proposes to implement the changes to the Fee
Schedule pursuant to this proposal immediately. The text of the
proposed rule change is provided in Exhibit 5.
---------------------------------------------------------------------------

    \3\ See Exchange Rule 1.5(p).
---------------------------------------------------------------------------

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
    In connection with the Exchange's launch of MEMX Options,\4\ its
options trading platform, the Exchange proposes to modify its fee
schedule applicable to use of the Exchange, effective immediately, in
order to: (i) establish membership fees (``Membership Fees'') for MEMX
Options Members, and (ii) make a number of clarifying, organizational
changes to its single existing fee schedule, in order to create three
separate fee schedules for: (A) executions that occur on the Exchange's
pre-existing equities market (``MEMX Equities''), (B) executions that
occur on MEMX Options, and (C) the Exchange's Membership Fees (for both
MEMX Equities and MEMX Options), respectively.\5\ The Exchange believes
that these changes will provide greater transparency to Members about
how the Exchange assesses fees and calculates rebates, as well as
allowing Members to more easily validate their bills on a monthly
basis. The Exchange notes that none of these changes amend any existing
fee or rebate for applicable to MEMX Equities (including non-
transaction fees such as membership, connectivity, and market data).
Specifically, the Exchange is proposing the following:
---------------------------------------------------------------------------

    \4\ On August 8, 2022, the Commission approved SR-MEMX-2022-10,
which proposed rules for the trading of options on the Exchange. See
Securities Exchange Act Release No. 95445 (August 8, 2022), 87 FR
49894 (August 12, 2022) (SR-MEMX-2022-010). The Exchange launched
MEMX Options on September 27, 2023.
    \5\ The Exchange initially filed the proposed changes on
September 1, 2023 (SR-MEMX-2023-22). On September 13, 2023, the
Exchange withdrew that filing and submitted SR-MEMX-2023-23. On
September 28, 2023, the Exchange withdrew SR-MEMX-2023-23 and
submitted this filing.
---------------------------------------------------------------------------

     To more clearly separate pricing applicable to MEMX
Options from the Exchange's current fee schedule, which will remain
applicable to MEMX Equities. Although the Exchange has always
maintained a single fee schedule applicable to trades on the Exchange,
as the Exchange has launched the MEMX Options platform, the Exchange
believes that separating the fee schedules for MEMX Options and MEMX
Equities will reduce potential confusion. The Exchange currently
intends to begin charging for connectivity and market data for MEMX
Options in 2024 and will file separately to adopt such fees. The
Exchange has also intentionally left blank certain additional portions
of the MEMX Options fee schedule, including ``Transaction Fees'' and
``Options Regulatory Fee'', and it has filed separately to adopt those
specific fees.
     To more clearly separate Membership Fees from the
Exchange's current fee schedule. Membership Fees are applicable to
Members of both MEMX Equities and MEMX Options platforms. Because the
Membership Fees section is applicable to members of both platforms, the
Exchange believes that separating the fee schedule for Membership Fees
(such separate fee schedule for Membership Fees, the ``Membership Fee
Schedule'') will reduce potential confusion (e.g., as to which fees a
Member that participates on both MEMX Equities and MEMX Options must
pay on a monthly basis to maintain membership with the Exchange).
     To implement additional fees set forth on the Membership
Fee Schedule that would be applicable to Options Order Entry Firms (as
defined in Exchange Rule 16.1) and Options Market Makers (i.e., those
Options Members that have registered as Market Makers on the Exchange
under Exchange Rule 22.2.). Options Order Entry Firms and Options
Market Makers would collectively be referred to on the Membership Fee
Schedule as ``Options Trading Members.'' As proposed, the Membership
Fee Schedule will easily identify the fees for membership that are
applicable to all Members of MEMX (including Members of MEMX Equities
and MEMX Options) and the additional fees for membership which are
applicable to all Options Trading Members.
     To add a hyperlink within the ``Additional Fees'' sections
of the MEMX Equities Fee Schedule and the

MEMX Options Fee Schedule, which will electronically hyperlink the
reader to the Membership Fee Schedule on the Exchange's website.
(i) MEMX Options Membership Fees
    As the existing fee applicable to Membership is not specific to
participation on a specific trading platform, the Exchange will
continue to charge its current Membership Fee of $200 per month to each
Exchange Member, other than those to whom a waiver applies as set forth
below (i.e., the Exchange will charge a single fee of $200 to Members
of MEMX Equities, Members of MEMX Options, and Members of both MEMX
Equities and MEMX Options). In addition, the Exchange is proposing to
charge an additional $1,000 per month to Options Order Entry Firms (as
defined in Exchange Rule 16.1), and an additional $7,000 per month to
Options Market Makers, (i.e., those Options Members that have
registered as Market Makers on the Exchange under Exchange Rule 22.2.).
The Exchange notes that the proposed fees for Options Trading Firms are
competitive with and in several cases significantly lower than the fees
for membership imposed by several other options exchanges that charge
such fees. The Exchange provides the below table for comparison
purposes to show how the Exchange's proposed fees for membership
compare to fees for membership currently charged by other options
exchanges.
---------------------------------------------------------------------------

    \6\ See PHLX Fee Schedule Section 8A, 8B, and 8C, available at
https://listingcenter.nasdaq.com/rulebook/phlx/rules/phlx-options-7
(last visited September 27, 2023).
    \7\ See BOX Options Fee Schedule Section I, available at https://boxoptions.com/fee-schedule/ (last visited September 27, 2023).
    \8\ See NYSE American Options Fees Schedule Section III(A),
available at https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf (last visited
September 27, 2023).
    \9\ See NYSE Arca Options Fees and Charges, available at https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf (last visited September 27,
2023).
    \10\ See MIAX Options Fee Schedule, Section 3, available at
https://www.miaxglobal.com/markets/us-options/miax-options/fees
(last visited September 27, 2023).

------------------------------------------------------------------------
                                      Monthly membership trading permit
             Exchange                                fee
------------------------------------------------------------------------
MEMX Options (as proposed)........  All Members: $200.
                                    Options Order Entry Firm: $1,000.
                                    Options Market Maker: $7,000.
Nasdaq PHLX LLC (``PHLX'') \6\....  Streaming Quote Trader (``SQT'')
                                     permit fees:
                                    Tier 1 (up to 200 option classes):
                                     $0.00.
                                    Tier 2 (up to 400 option classes):
                                     $2,200.
                                    Tier 3 (up to 600 option classes):
                                     $3,200.
                                    Tier 4 (up to 800 option classes):
                                     $4,200.
                                    Tier 5 (up to 1,000 option classes):
                                     $5,200.
                                    Tier 6 (up to 1,200 option classes):
                                     $6,200.
                                    Tier 7 (all option classes): $7,200.
                                    Remote Market Maker Organization
                                     (``RMO'') permit fees:
                                    Tier 1 (less than 100 classes):
                                     $5,000.
                                    Tier 2 (more than 100 and less than
                                     999 classes): $8,000.
                                    Tier 3 (1000 or more classes):
                                     $11,000.
BOX Options Exchange LLC (``BOX'')  Participant Fee: $1,500 per month
 \7\.                                (Electronic Market Makers are not
                                     charged the Participant Fee).
                                    Market Maker Trading Permit fees:
                                    Up to and including 10 classes:
                                     $4,000.
                                    Up to and including 40 classes:
                                     $6,000.
                                    Up to and including 100 classes:
                                     $8,000.
                                    Over 100 classes: $10,000.
NYSE American, LLC (``NYSE          Permit (``ATP'') Fees:
 American'') \8\.                   Floor Broker: $500.
                                    Order Flow Provider: $1,000.
                                    Clearing Member: $1,000.
                                    Options Market Maker 1st ATP:
                                     $8,000.
                                    Options Market Maker 2nd ATP:
                                     $6,000.
                                    Options Market Maker 3rd ATP:
                                     $5,000.
                                    Options Market Maker 4th ATP:
                                     $4,000.
                                    Options Market Maker 5th ATP:
                                     $3,000.
                                    Options Market Maker 6th to 9th ATP:
                                     $2,000.
                                    Options Market Maker 10th or more
                                     ATPs: $500.
NYSE Arca, Inc. (``NYSE Arca'')     Permit (``OTP'') Fees:
 \9\.                               Office or Clearing Firms: $1,000.
                                    Floor Broker: $500.
                                    Options Market Maker 1st ATP:
                                     $8,000.
                                    Options Market Maker 2nd ATP:
                                     $6,000.
                                    Options Market Maker 3rd ATP:
                                     $5,000.
                                    Options Market Maker 4th ATP:
                                     $4,000.
                                    Options Market Maker 5th ATP:
                                     $3,000.
                                    Options Market Maker 6th to 9th ATP:
                                     $2,000.
                                    Options Market Maker 10th or more
                                     ATPs: $500.
                                    Reserve Market Maker OTP: $175.
MIAX Options Exchange (``MIAX       Electronic Exchange Members Trading
 Options'') \10\.                    Permit: $1,500.
                                    Market Maker Trading Permit (up to
                                     10 classes): $7,000.
                                    Market Maker Trading Permit (up to
                                     40 classes): $12,000.
                                    Market Maker Trading Permit (up to
                                     100 classes): $17,000.
                                    Market Maker Trading Permit (over
                                     100 classes): $22,000.
------------------------------------------------------------------------

    The Exchange proposes to maintain its existing billing practices
for all Membership Fees, including the newly proposed Options
Membership Fees. As is current practice, Members will be assessed their
monthly Membership Fees at the close of business on the first day of
each month. The Exchange will also maintain the current practice such
that if a Member is pending a voluntary termination of rights as a
Member pursuant to Exchange Rule 2.8 prior to its monthly Membership
Fee being assessed and the Member does not utilize the facilities of
the Exchange while such voluntary termination of rights is pending,
then the Member will not be obligated to pay the monthly Membership
Fee. Additionally, the Membership Fees will not be prorated if a
membership is not active for an entire month, which the Exchange
believes is reasonable based on the frequency that the fee is assessed
(i.e., monthly instead of applying to a longer period).
    Lastly, to encourage new participants to join MEMX Options,
effective June 30, 2023, the Exchange implemented a Membership Fee
Waiver until January 1, 2024.\11\ The Exchange is proposing to maintain
this language on the new Membership Fee Schedule, and as such, will
apply this waiver to the additional proposed Membership Fees for new
Members of MEMX Options as well.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 97893 (July 13,
2023), 88 FR 46285 (July 19, 2023) (SR-MEMX-2023-13).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change to reorganize
the fee schedule as described above is consistent with the provisions
of Section 6 of the Act,\12\ in general, and furthers the objective of
Section 6(b)(1) of the Act,\13\ in particular, in that the proposed
rule change enables the Exchange to be so organized as to have the
capacity to be able to carry out the purposes of the Act and to comply
with the provisions of the Act, the rules and regulations thereunder,
and the rules of the Exchange. The proposed reorganization of the
Exchange's fee schedule is designed to make the fee schedule easier to
read and for Members to validate the bills they receive from the
Exchange. The Exchange believes the proposed fee schedules, and the
division thereof, will be clearer and less confusing for Members of the
Exchange and will eliminate potential Member confusion.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The Exchange believes that the proposed Membership Fee changes are
consistent with the provisions of Section 6 of the Act,\14\ in general,
and with Sections 6(b)(4) and 6(b)(5) of the Act,\15\ in particular, in
that they provide for the equitable allocation of reasonable dues, fees
and other charges among its Members and other persons using its
facilities and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers, as further discussed below.
---------------------------------------------------------------------------

    \14\ See supra note 12.
    \15\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    MEMX believes that its $200 Membership Fee which is assessed to all
Members (Members of MEMX Options and Members of MEMX Equities alike) is
consistent with the Act, as the Exchange assesses the same fee to all
Members of the Exchange on all platforms. The Exchange believes that it
is reasonable and consistent with the Act to assess this Membership Fee
to all Members because there are technical, regulatory, and
administrative services associated with a market participant being a
Member of the Exchange. As a self-regulatory organization, MEMX's
membership team reviews applicants to ensure that each applicant for
membership meets the Exchange's qualification criteria prior to
approval. The membership team, in conjunction with the Regulatory
Department, reviews the registration and qualification of an
applicant's associated persons, the applicant's financial health, the
validity of its clearing relationship, and its disciplinary history.
The membership team also provides ongoing support to Members with
respect to membership changes, registration, and other questions that
commonly arise from Members regarding such matters. The Exchange
believes that it is consistent with the Act to charge the $200
Membership Fee as it is reasonable to cover costs of administering its
membership program.
    The Exchange believes that charging a $1,000 Membership Fee for
Order Entry Firms is consistent with the Act, because this fee is in
line with what other options exchanges charge members of their options
platform who are not Market Makers.\16\ For example, MEMX would charge
$1,200 after January 1, 2024, to an Order Entry Firm. If the same
market participant (i.e., not a market maker) wanted to join to trade
on the BOX Options Exchange, they would be charged $1,500 monthly.\17\
The Exchange anticipates that Order Entry Firms will require more
resources than Members of the Exchange's equities platform due to
various complexities inherent to the options markets, such as the
process for Clearing Member Give Ups described in Exchange Rule 21.12
and the process for listing classes and strikes made available for
trading on MEMX Options described in Rules 19.3 through 19.5. The
Exchange also anticipates that Order Entry Firms that are proprietary
trading firms will generate a high volume of message traffic, which
will result in additional costs to the Exchange.
---------------------------------------------------------------------------

    \16\ See supra notes 6 through 10.
    \17\ See supra note 7.
---------------------------------------------------------------------------

    The Exchange believes that charging a higher $7,000 Membership Fee
for Market Makers on MEMX Options is consistent with the Act, because
it is also in line with what other options exchanges charge members of
their options platform who are Market Makers.\18\ As an example, MEMX
would charge $7,200 monthly after January 1, 2024, to a new Options
Member who is a Market Maker. If the same market participant wanted to
join NYSE Arca Options Exchange, they would be charged $8,000
monthly.\19\ Based upon the Exchange's projections, the Exchange
anticipates that Market Makers will consume the most bandwidth and
Exchange resources and produce the highest volume of message traffic on
the Exchange. The Exchange anticipates the volume of message traffic
which is generated by Options Market Makers to be higher than the
volume of message traffic generated by Options Order Entry Firms and
additional functionality is offered: (i) to Market Makers only (e.g.,
bulk messages described in Exchange Rule 21.1(l)), or (ii) with Market
Makers as the most likely market participants to employ such
functionality (e.g., the Risk Monitor Mechanism described in Exchange
Rule 21.16). The MEMX Options functionality for bulk messages allows
Market Makers to submit up to 20 two-sided quotes in a single bulk
quote message and is only available to Market Makers registered with
the Exchange.\20\ The Risk Monitor Mechanism is available to all
Options Members but the Exchange anticipates that this functionality
will be primarily used by Market Makers to manage their risk. Market
Makers also require high touch network support services as provided by
the Exchange and its staff. The Exchange anticipates that Order

Entry Firms \21\ will consume less Exchange resources and generate
fewer costs to the Exchange.
---------------------------------------------------------------------------

    \18\ See id.
    \19\ See supra note 9.
    \20\ See MEMX U.S. Options FAQ, available at https://info.memxtrading.com/us-options-trading-resources/us-options-faq/
(last visited September 27, 2023).
    \21\ An Order Entry Firm means those Options Members
representing as agent Customer Orders on MEMX Options, and non-
Market Maker Members conducting proprietary trading. Customer Orders
are any orders for the account of a Priority Customer. ``Priority
Customer'' means any person or entity that is neither a broker or
dealer in securities nor a Professional. See Rule 16.1 of the MEMX
Rulebook.
---------------------------------------------------------------------------

    The Exchange notes that, while it anticipates that Market Makers
will account for a vast majority of the costs and resources placed on
the Exchange and its systems (as discussed herein), Market Makers
continue to be valuable market participants on the exchanges as the
options market is a quote-driven industry. The Exchange recognizes the
value that Market Makers bring to the Exchange and particularly to the
MEMX Options platform. The Exchange believes that incentivizing Market
Makers to direct order flow to the Exchange will benefit all market
participants by increasing liquidity on the Exchange. The Membership
Fees proposed herein are meant to strike a balance between offsetting
the costs which Market Makers will place on the Exchange and continuing
to incentivize Market Makers to access and make markets on the
Exchange. As such, the Exchange proposes to establish higher, separate
Membership Fees for Market Makers that are more aligned with the costs
and resources that Market Makers will place on the Exchange and its
systems and will align the Membership Fees with those of the majority
of other options exchanges.\22\
---------------------------------------------------------------------------

    \22\ See supra notes 6 to 10.
---------------------------------------------------------------------------

    The Exchange proposes to charge a flat fee for Market Makers
because it expects most Market Makers who trade on the Exchange to
quote in many of the options classes available, and the Exchange wishes
to structure the Membership Fee in order to incentivize these Market
Makers to quote more. While some other exchanges have ranges of
membership fees depending on the number of classes in which a Market
Maker quotes, the Exchange believes that assessing a single Membership
Fee for all Market Makers on MEMX Options will incentivize those Market
Makers who already quote in a large number of classes to route more
order flow to the Exchange. The Exchange believes that the proposed
Membership Fees are consistent with the Act and will improve market
quality and improve competitiveness for all market participants.
    The Exchange notes that there are material costs associated with
providing the infrastructure, System functionality, and headcount to
fully support access to the Exchange. The Exchange incurs technology
expenses related to establishing and maintaining Information Security
services, System upkeep, and regulatory services. While some of the
expenses are fixed, much of the expenses are not fixed and increase as
the expenses associated with access for Market Makers increase. For
example, new Market Makers to the Exchange may require additional
resources of the Exchange due to the volume of their activities (i.e.,
quote volumes, which are significantly higher on average than Order
Entry Firms, thus leading to increased storage and capacity costs of
the Exchange) and automatically will have access to additional features
offered by the Exchange only to Market Makers free of charge (i.e.,
bulk message functionality as described above). As the total number of
Market Makers increases, the Exchange may need to increase its data
center footprint and consume additional power, resulting in increased
costs charged by its third-party data center provider. As the cost to
the Exchange to provide access to Market Makers will increase with the
number of Market Makers, the Exchange believes the proposed Membership
Fees are reasonable and consistent with the Act, in order to offset a
portion of the costs to the Exchange associated with providing Market
Makers access to the Exchange's quote and order infrastructure.
    The Exchange proposes higher, separate fees for Market Makers that
are more aligned with the costs and resource requirements which the
Exchange anticipates Market Makers will place on the Exchange and its
systems. As previously stated, while the Exchange anticipates that
Market Makers will account for the majority of the System usage on the
Exchange, because the options market is a quote-driven industry, the
Exchange recognizes the value that Market Makers bring to the Exchange
and wishes to attract Market Makers to join the Exchange as Members. As
the options market is quote-driven, attracting Market Makers to the
Exchange will create additional liquidity on the Exchange by
encouraging Market Makers to quote in option classes. A market making
firm does not need to be a member of the Exchange in order to route
orders to the Exchange.\23\ The Exchange notes that it operates in a
highly competitive market in which market participants can readily
favor competing venues if they deem the fees on any particular venue to
be excessive. The Exchange's Membership Fees are restrained by
competition. Many firms that actively trade on options markets are not
currently Members of MEMX Options.\24\ No market makers are required by
rule, regulation, or competitive forces to be a Market Maker on the
Exchange and can choose not to access the Exchange if it is determined
that the Exchange's Membership Fees do not make business or economic
sense for such market maker. In such an environment, the Exchange must
continually adjust its fees to remain competitive with other exchanges.
The Exchange believes that the proposed Membership Fees reflect this
competitive environment. If the Exchange is incorrect in this
assessment, that error will be reflected in the Exchange's ability to
compete with other options exchanges.
---------------------------------------------------------------------------

    \23\ For example, a market making firm could use a third-party
connectivity service (where such third-party service is a Member of
the Exchange) to route orders to the Exchange.
    \24\ See infra note 27.
---------------------------------------------------------------------------

    There is ample evidence that the Exchange is subject to competitive
constraints on the amount it can charge for Membership Fees. Of the 16
other operating options exchanges, none currently has more than a 19.2%
market share.\25\ High levels of market share enhance the value of
trading and membership. Market participants will distribute their
transactions across exchanges according to their business needs. Market
participants can and will choose where to become Members, as market
participants do not need to become members of all exchanges and may
utilize a third party to route their orders to the Exchange. Rather
than becoming a Member of the exchange, a market participant could
elect to have their orders routed to MEMX Options as nothing in the
Options Order Protection and Locked/Crossed Market Plan \26\ requires
any market participant to become a member of any exchange. These
competitive forces ensure that the Exchange cannot charge supra-
competitive fees for membership. The Exchange expects that market
participants will evaluate the Exchange's ability to meet market

participants' needs through technology, functionality, and liquidity to
determine whether such market participant will route flow to the
Exchange. In fact, as a new entrant to the options industry, the
Exchange is particularly subject to competitive forces and has
carefully crafted its proposed Membership Fees with the goal of
attracting order flow to the Exchange. In this environment, the
Exchange has no ability to set Membership Fees at levels that would be
deemed supra-competitive, as doing so would limit the Exchange's
ability to compete with larger, established competitors in the options
market.
---------------------------------------------------------------------------

    \25\ See U.S. Options Market Volume Summary, available at
https://www.cboe.com/us/options/market_statistics/market/2023-09-27/
(last visited September 27, 2023). Market share is the percentage of
volume on a particular exchange relative to the total volume across
all exchanges and indicates the amount of order flow directed to
that exchange.
    \26\ See Options Order Protection and Locked/Crossed Market Plan
(August 14, 2009), available at https://www.theocc.com/getmedia/7fc629d9-4e54-4b99-9f11-c0e4db1a2266/options_order_protection_plan.pdf (last visited September 28, 2023).
---------------------------------------------------------------------------

    At launch, the Exchange expects to have only around 30 Members of
MEMX Options, which is lower than several other options exchanges.\27\
Competitive forces constrain what the Exchange can charge, because if
the Exchange charges Membership Fees which market participants deem to
be excessive, market participants would simply not become Members.
---------------------------------------------------------------------------

    \27\ For example, in an August 2023 filing, MIAX Pearl noted
that MIAX Pearl and its affiliated options markets, MIAX and MIAX
Emerald, have a total of 47 members. See Securities Exchange Act
Release No. 98180 (August 21, 2023), 88 FR 58404 (August 25, 2023)
(SR-PEARL-2023-35). In a July 2023 filing, BZX Exchange noted that
it has 61 members who trade options, Cboe EDGX Exchange has 51
members who trade options, and Cboe C2 has 52 Trading Permit
Holders. See Securities Exchange Act Release No. 97928 (July 17,
2023), 88 FR 47209 (August 21, 2023) (SR-CboeBZX-2023-047). Based on
publicly available information, NYSE American Options has 71
members. See NYSE American Options Membership Directory, available
at https://www.nyse.com/markets/american-options/membership#directory (last visited September 27, 2023). Lastly,
based on publicly available information, NYSE Arca Options has 68
members. See NYSE Arca Options Membership Directory, available at
https://www.nyse.com/markets/arca-options/membership#directory (last
visited September 27, 2023).
---------------------------------------------------------------------------

    As noted above, the proposed fees are also competitive with and in
several cases significantly lower than the fees for membership imposed
by several other options exchanges.\28\ The Exchange also does not
charge and does not have any plan to charge several types of fees that
are charged by other exchanges with respect to membership or
participation on the exchange--for example, the Exchange does not
charge an application fee for Membership or any testing or
certification fees--further highlighting the reasonableness of the
proposed Options Membership Fees.\29\ The Exchange believes that the
proposed Options Membership Fees are equitably allocated and not
unfairly discriminatory because they would be assessed uniformly across
all firms that seek to become Members. Additionally, the Exchange
believes that the proposed fees are not unfairly discriminatory because
no broker-dealer is required to become a Member of the Exchange or to
register as a Market Maker with the Exchange. Even if a broker dealer
does become a Member of the Exchange, the proposed fees are not
unfairly discriminatory because the proposed Membership Fees are
designed to account for the costs to MEMX of providing support for the
Member trading on MEMX Options and, in the case of Market Makers, to
provide additional support which the Exchange anticipates Market Makers
would require on MEMX Options. As between Order Entry Firms and Market
Makers, the Exchange believes that the higher fee for Market Makers is
reasonable, equitably allocated and not unfairly discriminatory because
the Exchange notes that other options exchanges currently charge Market
Makers higher monthly fees for membership than are charged to other
members of their options platform.\30\
---------------------------------------------------------------------------

    \28\ See supra notes 6 to 10.
    \29\ In contrast, for example, MIAX Options charges a $2,500.00
one-time application fee for Electronic Exchange Members and a
$3,000 one-time application fee for Market Makers. In addition, MIAX
Options charges a $1,000 testing and certification fee for
Electronic Exchange Members and a $2,500 testing and certification
fee for Market Makers. See MIAX Options Fee Schedule, Section 3,
available at https://www.miaxglobal.com/markets/us-options/miax-options/fees (last visited September 27, 2023).
    \30\ See id.
---------------------------------------------------------------------------

    The vigorous competition among national securities exchanges
provides many alternatives for firms to voluntarily decide whether
membership to the Exchange is appropriate and worthwhile. At the time
of launch, MEMX Options was the 17th national registered options
exchange, and as noted above, no broker-dealer is required to become a
Member of the Exchange. Notwithstanding the foregoing, the Exchange
still believes that the proposed Membership Fee for Options Order Entry
Firms of $1,000 per month and the proposed Membership Fee for Options
Market Makers of $7,000 per month are reasonable, equitably allocated
and not unfairly discriminatory, even for a broker-dealer that
determines it should join the Exchange for business purposes, as those
business reasons should presumably result in revenue capable of
covering the proposed fee.
    The Exchange commenced operation of MEMX Options in September 2023.
The Exchange notes that on June 30, 2023, it filed to waive Membership
Fees for all new Members of the Exchange until January 1, 2024, and it
intends to keep this language in its fee schedule, thus any new Members
of the Exchange will not be charged Membership Fees until January 1,
2024.\31\ The Exchange believes it is reasonable to similarly waive the
proposed Options Membership Fees for new Members of the Exchange to
provide an incentive for Options Trading Firms to apply for Exchange
membership in connection with the launch of MEMX Options. The Exchange
believes waiving the additional Options Membership Fees in addition to
waiving the existing Membership Fees that apply to both Equities and
Options is reasonable, equitable and not unfairly discriminatory in
that it will apply uniformly to all new Members of the Exchange, and
because the majority of the Exchange's current Members joined at a time
when the Exchange did not impose Membership Fees (also to incentivize
such participants to join) and thus already received this benefit.
---------------------------------------------------------------------------

    \31\ See supra note 11.
---------------------------------------------------------------------------

    Although the Exchange will not charge Membership Fees for new
Members until January 2024, the Exchange proposes the Membership Fee
structure to communicate its intent to charge Membership Fees beginning
January 2024. As a new exchange entrant, the Exchange chooses not to
charge for new Members to join the Exchange until January 2024 to
encourage market participants to trade on the Exchange and experience
the quality of the Exchange's technology and trading functionality.
This practice is not uncommon. New exchanges often do not charge fees
or charge lower fees for certain services such as memberships/trading
permits to attract order flow to an exchange, and later, once there is
sufficient depth and breadth of liquidity, amend their fees to reflect
the true value of those services, absorbing all costs to provide those
services in the meantime. Allowing new exchange entrants time to build
and sustain market share through various pricing incentives, before
increasing non-transaction fees, encourages market entry and promotes
competition. It also enables new exchanges to mature their markets and
allow market participants to trade on the new exchanges without
membership fees serving as a potential barrier to attracting
memberships and order flow.\32\
---------------------------------------------------------------------------

    \32\ See Securities Exchange Act Release No. 94894 (May 11,
2022), 87 FR 29987 (May 17, 2022) (SR-BOX-2022-17) (stating, ``[t]he
Exchange established this lower (when compared to other options
exchanges in the industry) Participant Fee in order to encourage
market participants to become Participants of BOX . . .''). See
also, e.g., Securities Exchange Act Release No. 88211 (February 14,
2020), 85 FR 9847 (February 20, 2020) (SR-NYSENAT-2020-05)
(initiating market data fees for the NYSE National exchange after
initially setting such fees at zero).

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

    The waiver is also a protection to new Members. If new Members join
the Exchange in order to participate on MEMX Options and subsequently
decide that they do not want to continue trading on MEMX Options prior
to January 2024, they can cancel their membership with the Exchange
prior to such date.

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

    The Exchange believes its proposed amendments would not result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    As it relates to the reorganization of the fee schedule and the
Membership Fee waiver, as discussed above, the Exchange does not
believe that the proposed changes would impose any burden on
intramarket competition because such changes would encourage new
participants to apply for Exchange membership, thereby enhancing
liquidity and market quality on the Exchange, as well as enhancing the
attractiveness of the Exchange as a trading venue. The proposed
Membership Fees do not place certain market participants at a relative
disadvantage to other market participants to impose a burden on
competition. As noted above, all Members trading on any of the
Exchange's platforms will be assessed a $200 fee applicable to all
Members, all Order Entry Firms trading on the Exchange's options
platform will be assessed the same $1,000 Membership Fee, and all
Market Makers trading on the Exchange's options platform will be
assessed the same $7,000 Membership Fee. Also as previously noted, the
Exchange anticipates that Market Makers will consume the most bandwidth
and resources of the Exchange's Systems, will transact the vast
majority of the volume on the Exchange, and will require the most
support services provided by Exchange staff. As opposed to Options
Order Entry Firms, the Exchange anticipates that Market Makers will
take up more Exchange resources than Order Entry Firms. As such, the
Exchange does not believe charging Market Makers higher Membership Fees
will impose a burden on intramarket competition.
    The Exchange does not believe that the proposed changes would
impose any burden on intramarket competition because such changes will
incentivize new participants to join the Exchange and the majority of
the Exchange's current members joined at a time when the Exchange did
not impose Membership Fees (also to incentivize such participants to
join), and thus have already received this benefit. The options markets
are quote-driven markets and are dependent on liquidity providers for
liquidity and price discovery. The proposal will be of particular
importance in encouraging liquidity providers to become members of the
Exchange, which may result in more trading opportunities, enhanced
competition, and improved overall market quality on the Exchange. For
the foregoing reasons, the Exchange believes the proposed changes would
not impose any burden on intramarket competition that is not necessary
or appropriate in furtherance of the purposes of the Act.
Intermarket Competition
    As described above, the proposed reorganization of the fee schedule
and Membership Fee waiver will incentive market participants to join
the Exchange during the fee waiver period. Accordingly, the Exchange
believes the proposal would not burden, but rather promote, intermarket
competition by enabling it to better compete with other options
exchanges at the time MEMX Options launches.
    The Exchange believes that adopting specific Membership Fees
applicable to Options Trading Members does not place an undue burden on
competition on other SROs that is not necessary or appropriate. As has
been previously noted, other options exchanges have similar fees for
their participants and several charge even higher rates.\33\ As a new
entrant in an already highly competitive environment for equity options
trading, MEMX does not have the market power necessary to set prices
for services that are unreasonable or unfairly discriminatory in
violation of the Exchange Act. The Exchange operates in a highly
competitive market in which market participants can determine whether
to join the Exchange based on the value compared to the cost of joining
and maintain membership on the Exchange.
---------------------------------------------------------------------------

    \33\ See supra notes 6 to 10.
---------------------------------------------------------------------------

    As noted above, market making firms have no obligation to become
market makers on all options exchanges. As a new options platform, the
Exchange seeks to attract market making firms to become Members on the
MEMX Options platform. If the Membership Fees charged are deemed too
high by a market making firm, such market making firm can elect not to
become a Member of the Exchange. The Exchange operates in a highly
competitive market where market participants can favor an alternate
venue if they deem the Exchange's Membership Fees to be excessive. In
such an environment the Exchange must continually review and adjust its
fees and credits to remain competitive with other exchanges and to
attract order flow. For the reasons described above, the Exchange
believes that the proposed rule change reflects this competitive
environment.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \34\ and Rule 19b-4(f)(2) \35\ thereunder.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \35\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-MEMX-2023-26 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-MEMX-2023-26. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-MEMX-2023-26 and should be
submitted on or before October 25, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22011 Filed 10-3-23; 8:45 am]
BILLING CODE 8011-01-P