[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51133-51134]
[FR Doc No: 2021-19772]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2847-000]

Montague Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Montague Solar, 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 September 28, 2021.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel

Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact the Federal Energy Regulatory Commission
at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.

    Dated: September 8, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-19772 Filed 9-13-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Rules and Regulations]
[Pages 18696-18698]
[FR Doc No: 2017-08125]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0214]
RIN 1625-AA00

Safety Zone; Navy UNDET, Apra Outer Harbor and Piti, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
underwater detonation operations in the waters of Apra Outer Harbor and
Piti, Guam. This rule is effective from 8 a.m. until 4 p.m. on April
27th through April 28th, 2017. The Coast Guard believes this safety
zone regulation is necessary to protect all persons and vessels that
would otherwise transit or be within the affected areas from possible
safety hazards associated with underwater detonation operations. Entry
of vessels or persons into these zones is prohibited, unless
specifically authorized by the Captain of the Port Guam.

DATES: This rule is effective from 8 a.m. until 4 p.m. on April 27
through April 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0214 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 on this rule,
call or

email Chief Kristina Gauthier, Sector Guam, U.S. Coast Guard; telephone
(671) 355-4866, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
UNDET Underwater detonation
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 the 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 and
contrary to public interest. The Coast Guard received notice of this
operation on March 9, 2017, only 49 days before the operation is
scheduled. As a result, the Coast Guard did not have time to issue a
notice of proposed rulemaking. 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 vessels
and waterway users from the hazards associated with this operation.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Due to the late notice
and inherent danger in underwater exercises, delaying the effective
period of this safety zone would be contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Guam (COTP) has determined that potential
hazards associated with the U.S. Navy training exercise, which include
detonation of underwater explosives, will be a safety concern for
anyone within a 700-yard radius above and below the surface on April
27, 2017 and a 1400-yard radius above and below the surface on April
28, 2017. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone
during the exercise. Mariners and divers approaching too close to such
exercises could potentially expose the mariner to flying debris or
other hazardous conditions.

IV. Discussion of the Rule

    This rule establishes safety zones from 8 a.m. through 4 p.m. on
April 27th through April 28th, 2017. The safety zones will cover all
navigable waters within a 700-yard radius above and below the surface
on April 27, 2017 and a 1400-yard radius above and below the surface on
April 28, 2017 of vessels and machinery being used by Navy. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the underwater
detonation exercise. No vessel or person will be permitted to enter the
safety zones without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around theses safety zones, which will impact a small
designated area of waters off of Piti, Guam, for eight hours for one
day and in Apra Outer Harbor for eight hours for one day. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zones and the rule allows vessels to seek
permission to enter the zone.

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. While some owners or operators of vessels intending to
transit the safety zone may be small entities, for the reasons stated
in section A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 a safety zone lasting 8 hours a day for 2 days that will
prohibit entry within a 700-yard radius above and below the surface on
April 27, 2017 and a 1400-yard radius above and below the surface on
April 28, 2017 of vessels and machinery being used by Navy personnel.
It is categorically excluded from further review under paragraph 34(g)
of Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. 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 record-
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 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.T14-0214 to read as follows:

Sec.  165. T14-0274  Safety Zone; Navy UNDET, Apra Outer Harbor and
Piti, GU.

    (a) Location. The following areas, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to
the ocean floor, are safety zones:
    (1) Apra Outer Harbor, Guam April 27, 2017. All waters above and
below the surface bounded by a circle with a 700-yard radius centered
at 13 degrees 27 minutes 71 seconds North Latitude and 144 degrees 38
minutes 50 seconds East Longitude, (NAD 1983).
    (2) Piti Guam April 28, 2017. All waters above and below the
surface bounded by a circle with a 1400-yard radius centered at 13
degrees 29 minutes 05 seconds North Latitude and 144 degrees 40 minutes
06 seconds East Longitude, (NAD 1983).
    (b) Effective period. This section is effective from 8 a.m. through
4 p.m. April 27 through April 28, 2017.
    (c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. Entry into or movement within these
zones are prohibited unless authorized by the COTP or a designated
representative thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce these temporary safety zones.
    (e) Waiver. The COTP may waive any of the requirements of this
section for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime security.
    (f) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: March 30, 2017.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2017-08125 Filed 4-20-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78352-78353]
[FR Doc No: 2023-25195]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC24-16-000.
    Applicants: EGP Stillwater Solar, LLC, EGP Stillwater Solar PV II,
LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of EGP Stillwater Solar, LLC, et al.
    Filed Date: 11/7/23.
    Accession Number: 20231107-5157.
    Comment Date: 5 p.m. ET 11/28/23.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL24-12-000.
    Applicants: Independent Market Monitor for PJM v. PJM
Interconnection, L.L.C.
    Description: Complaint of Independent Market Monitor for PJM v. PJM
Interconnection, L.L.C.
    Filed Date: 11/7/23.
    Accession Number: 20231107-5098.
    Comment Date: 5 p.m. ET 11/27/23.

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

    Docket Numbers: ER14-41-009; ER14-42-009; ER16-498-008; ER16-499-
008; ER16-500-008; ER16-2277-002; ER16-2289-003; ER18-1174-003; ER20-
2448-004; ER21-133-004; ER21-736-005; ER21-1962-005; ER21-2634-003;
ER22-2784-002.
    Applicants: MN8 Energy Marketing LLC, Solar Star Lost Hills, LLC,
Mulberry BESS LLC, RE Slate 1 LLC, HDSI, LLC, American Kings Solar,
LLC, Imperial Valley Solar 2, LLC, Golden Fields Solar I, LLC, Solar
Star California XLI, LLC, RE Mustang 4 LLC, RE Mustang 3 LLC, RE
Mustang LLC, RE Rosamond Two LLC, RE Rosamond One LLC.
    Description: Notice of Non-Material Change in Status of RE Rosamond
One LLC, et al.
    Filed Date: 11/1/23.
    Accession Number: 20231101-5288.
    Comment Date: 5 p.m. ET 11/22/23.

    Docket Numbers: ER23-2887-001.
    Applicants: Arizona Public Service Company.
    Description: Tariff Amendment: Rate Schedule No. 265, Amendment No.
4 to be effective 11/18/2023.
    Filed Date: 11/8/23.
    Accession Number: 20231108-5062.
    Comment Date: 5 p.m. ET 11/20/23.

    Docket Numbers: ER24-264-000.
    Applicants: DesertLink, LLC.
    Description: Errata to October 31, 2023, tariff filing of
DesertLink, LLC.
    Filed Date: 11/6/23.
    Accession Number: 20231106-5175.
    Comment Date: 5 p.m. ET 11/20/23.

    Docket Numbers: ER24-359-000.
    Applicants: Crow Creek Solar, LLC.
    Description: Baseline eTariff Filing: Crow Creek Solar, LLC
Application for Market-Based Rates to be effective 1/7/2024.
    Filed Date: 11/7/23.
    Accession Number: 20231107-5134.
    Comment Date: 5 p.m. ET 11/28/23.

    Docket Numbers: ER24-360-000.
    Applicants: Keystone Appalachian Transmission Company.
    Description: Baseline eTariff Filing: 2023-11-07 KATCo Certificate
of Concurrence--Baseline Rate Schedule Filing to be effective 11/7/
2023.
    Filed Date: 11/7/23.
    Accession Number: 20231107-5138.
    Comment Date: 5 p.m. ET 11/28/23.

    Docket Numbers: ER24-362-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. and New England Power Pool filing
of Installed Capacity Requirements, Hydro-Quebec Interconnection
Capability Credits and Related Values for Forward Capacity Auction 18,
2027-2028 Capacity Commitment Period.

    Filed Date: 11/7/23.
    Accession Number: 20231107-5164.
    Comment Date: 5 p.m. ET 11/28/23.

    Docket Numbers: ER24-363-000.
    Applicants: Bronco Plains Wind, LLC.
    Description: Baseline eTariff Filing: Bronco Plains Wind I & Bronco
Plains Wind II--Co-Tenancy SFA to be effective 11/9/2023.
    Filed Date: 11/8/23.
    Accession Number: 20231108-5103.
    Comment Date: 5 p.m. ET 11/29/23.

    Docket Numbers: ER24-364-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Notice of Cancellation of the Interconnection
Agreement between Niagara Mohawk and Northbrook Lyons Falls LLC.
    Filed Date: 11/7/23.
    Accession Number: 20231107-5165.
    Comment Date: 5 p.m. ET 11/28/23.

    Docket Numbers: ER24-365-000.
    Applicants: Bronco Plains Wind II, LLC.
    Description: Baseline eTariff Filing: Letter of Concurrence to Co-
Tenancy SFA with Bronco Plains Wind to be effective 11/9/2023.
    Filed Date: 11/8/23.
    Accession Number: 20231108-5133.
    Comment Date: 5 p.m. ET 11/29/23.

    Docket Numbers: ER24-366-000.
    Applicants: Sentinel Energy Center, LLC.
    Description: Baseline eTariff Filing: Black Start Agreement Between
CAISO and Sentinel to be effective 1/8/2024.
    Filed Date: 11/8/23.
    Accession Number: 20231108-5138.
    Comment Date: 5 p.m. ET 11/29/23.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH24-3-000.
    Applicants: CMS Energy Corporation.
    Description: CMS Energy Corporation submits FERC 65-B Notice of
Change in Fact to Waiver Notification.
    Filed Date: 11/6/23.
    Accession Number: 20231106-5174.
    Comment Date: 5 p.m. ET 11/27/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: November 8, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-25195 Filed 11-14-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Page 25760]
[FR Doc No: 2011-10925]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Waiver of Aeronautical Land-Use Assurance Marion Municipal
Airport; Marion, IN

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent of waiver with respect to land.

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

SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to authorize the release of 0.683 acres of airport property at
the Marion Municipal Airport, Marion, Indiana. The State of Indiana
notified the Airport of their intent to rebuild a vehicle bridge on
State Highway 9 which adjoins the Airport property. The total amount of
property which is sought to be purchased by the State of Indiana
consists of approximately .683 acres. The FAA issued a categorical
exclusion on April 18, 2011.
    The acreage being released is not needed for aeronautical use as
currently identified on the Airport Layout Plan.
    The acreage comprising this parcel was originally acquired with a
combination of local and federal funds -ADAP. The Airport will receive
the appraised fair market value of $33,630.00
    The legal description of the property is: A part of the Northeast
Quarter of Section 36, Township 24 North, Range 7 East, Grant County,
Indiana, and being that part of the grantor's land lying within the
right of way lines described as follows: Beginning at the southeast
corner of said quarter section, which is North 0 degrees 07 minutes 13
seconds West 2,618.30 feet from the southeast corner of said section,
said southeast corner being designated as point ``80'' on said plat;
thence South 89 degrees 19 minutes 47 seconds West 12.00 feet along the
south line of said quarter section to the west boundary of S.R.9;
thence continuing South 89 degrees 19 minute 47 seconds West 71.12 feet
along said south line; thence North 0 degrees 26 minutes 29 seconds
East 317.51 feet to point ``901'' designated on said plat; thence North
31 degrees 29 minutes 14 seconds East 76.32 feet to point ``902''
designated on said plat; thence North 89 degrees 52 minutes 47 seconds
East 28.00 feet to the west boundary of said S.R. 9; thence continuing
North 89 degrees 52 minutes 47 seconds East 12.00 feet to the east line
of said section; thence South 0 degrees 07 minute 13 seconds East
381.70 feet along said east line to the point of beginning and
containing 0.683 acres, more or less, inclusive of the presently
existing right-of-way which contains 0.105 acres, more or less.

DATES: Comments must be received on or before June 6, 2011.

ADDRESSES: Documents reflecting this FAA action may be reviewed at
Chicago Airports District Office, 2300 E. Devon Suite 320, Des Plaines,
IL 60018.

FOR FURTHER INFORMATION CONTACT: Jim Keefer, Manager, Chicago Airports
District Office, Federal Aviation Administration, Airports Division.
Telephone Number<PHONE_NUMBER>/Fax Number<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

    Issued in Des Plaines, Illinois on April 27, 2011.
Jack Delaney,
Acting Manager, Chicago Airports District Office, FAA, Great Lakes
Region.
[FR Doc. 2011-10925 Filed 5-4-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Rules and Regulations]
[Pages 76053-76054]
[FR Doc No: 2013-29316]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0607; Airspace Docket No. 13-ACE-13]

Establishment of Class E Airspace; Loup City, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Loup City, NE.
Controlled airspace is necessary to accommodate new Area Navigation
(RNAV) Standard Instrument Approach Procedures at Loup City Municipal
Airport. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, February 6, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On August 16, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E airspace for
the Loup City, NE, area, creating controlled airspace at Loup City
Municipal Airport (78 FR 49986) Docket No. FAA-2013-0607. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6005 of FAA Order 7400.9X dated August 7, 2013, and effective September
15, 2013, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E airspace extending upward from 700 feet
above the surface within a 7.7-mile radius of Loup City Municipal
Airport, Loup City, NE to contain aircraft executing new standard
instrument approach procedures at the airport. Controlled airspace
enhances the safety and management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Loup City Municipal Airport,
Loup City, NE.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface

* * * * *

ACE NE E5 Loup City, NE [New]

Loup City Municipal Airport, NE
    (Lat. 41[deg]17'12'' N., long. 98[deg]59'25'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.7-mile radius of Loup City Municipal Airport.

    Issued in Fort Worth, Texas, on November 27, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-29316 Filed 12-13-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Notices]
[Page 62463-62465]
[DOCID:fr05no07-44]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

October 29, 2007.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC07-136-001.
    Applicants: NRG Energy, Inc.
    Description: Long Beach Generation, LLC, et al. submits the
organizational charts that were excluded from the September 27, 2007
Application along with an updated notarized verification of J. Andrew
Murphy.
    Filed Date: 10/25/2007.
    Accession Number: 20071029-0063.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 6, 2007.

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

    Docket Numbers: ER98-830-015; ER03-720-006; ER03-719-006; ER03-721-
006.
    Applicants: Millenium Power Partners, LLC; New Athens Generating
Company, LLC; New Harquahala Generating Company, LLC; New Covert
Generating Company, LLC.
    Description: New Athens Generating Company, LLC, et al. submits
Notice of Non-material Change in Status and First Revised Sheet 1 et
al. to FERC Electric Tariff, Second Revised Volume 1 in compliance with
Order 697.
    Filed Date: 10/25/2007.
    Accession Number: 20071029-0069.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 15, 2007.

    Docket Numbers: ER99-1435-015.
    Applicants: Avista Corporation.
    Description: Avista Corporation submits Original Sheet 1 et al. to
its FERC Electric Tariff, Seventh Revised Volume 9.
    Filed Date: 10/24/2007.
    Accession Number: 20071029-0074.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER99-3077-005.
    Applicants: Colorado Power Partners.
    Description: Colorado Power Partners submits Second Substitute
Original Sheet 1--2 to its FERC Electric Tariff, First Revised Volume 1
etc.
    Filed Date: 10/22/2007.
    Accession Number: 20071023-0020.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: ER99-3197-005.
    Applicants: BIV Generation Company, LLC.
    Description: BIV Generation Company, LLC submits Substitute
Original Sheet 1 et al. to its revised tariff to delete provisions.
    Filed Date: 10/22/2007.
    Accession Number: 20071023-0022.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: ER01-751-009.
    Applicants: Mountain View Power Partners, LLC.
    Description: Mountain View Power Partners, LLC submits Second
Substitute Original Sheet 1-3 to its FERC Electric Tariff, First
Revised Volume 1 in accordance with FERC 9/21/07 request and Order 697.
    Filed Date: 10/22/2007.
    Accession Number: 20071023-0021.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: ER02-1470-003; ER02-1573-003; ER05-1249-003; ER96-
2585-005; ER98-6-010; ER99-2387-003.
    Applicants: KeySpan-Glenwood Energy Center, LLC; KeySpan-Port
Jefferson Energy Center, LLC; Niagara Mohawk Power Corporation; New
England Power Company; KeySpan Ravenwood, Inc.; The Narragansett
Electric Company; Granite State Electric Company; Massachusetts
Electric Company.
    Description: Niagara Mohawk Power Corporation et al. submit a
supplement to the Notice of Change in Status to reflect the impact of
the recently consummated merger with KeySpan Corp. etc.
    Filed Date: 10/19/2007.
    Accession Number: 20071023-0023.
    Comment Date: 5 p.m. Eastern Time on Friday, November 9, 2007.

    Docket Numbers: ER03-774-005.
    Applicants: Eagle Energy Partners I, LP.
    Description: Eagle Energy Partners I, LP submits Notice of Change
in Status as a result from closing of the merger transaction with Texas
Energy Future Holdings, LP.
    Filed Date: 10/24/2007.
    Accession Number: 20071029-0070.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER05-1420-004.
    Applicants: Lehman Brothers Commodity Services, Inc.
    Description: Lehman Brothers Commodity Services, Inc. submits
Notice of Non-Material Change in Status.
    Filed Date: 10/24/2007.
    Accession Number: 20071029-0072.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER06-1346-003.
    Applicants: White Creek Wind I, LLC.
    Description: White Creek Wind LLC submits a revised Second Revised
Sheet 1 of its FERC Electric Tariff, Original Volume 1 to replace First
Revised Sheet 1 and First Revised Sheet 2 in the 10/1/07 filing.
    Filed Date: 10/24/2007.
    Accession Number: 20071026-0051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER07-870-002.
    Applicants: Oncor Electric Delivery Company.
    Description: Oncor Electric Delivery Company submits an amendment
to its 7/5/07 filing of a Notice of Succession.
    Filed Date: 10/24/2007.
    Accession Number: 20071026-0052.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER07-1251-002.
    Applicants: Northern Maine Independent System Administrator.
    Description: Northern Maine Independent System Administrator
submits revision to the Northern Maine Market Rules to clarify the
definition of ``Firm Energy'' therein in compliance with FERC's 10/19/
07 Order.
    Filed Date: 10/25/2007.
    Accession Number: 20071026-0054.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 15, 2007.

    Docket Numbers: ER07-1303-002.

    Applicants: PS Energy Group, Inc.
    Description: PS Energy Group, Inc. submits an amendment to its 8/
23/07 filing of a Petition for Acceptance of Initial Rate Tariff.
    Filed Date: 10/24/2007.
    Accession Number: 20071026-0053.
    Comment Date: 5 p.m. Eastern Time on Monday, November 5, 2007.

    Docket Numbers: ER08-19-001.
    Applicants: Energy Algorithms, LLC.
    Description: Amendment to the application of Energy Algorithms, LLC
for Order Accepting Market-Based Rate Tariff etc.
    Filed Date: 10/25/2007.
    Accession Number: 20071029-0073.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 15, 2007.

    Docket Numbers: ER08-25-001; ER08-26-001.
    Applicants: Ocean State Power; Ocean State Power II.
    Description: Ocean State Power and Ocean State Power II submit
revised tariff sheets to accompany the 10/4/07 application.
    Filed Date: 10/22/2007.
    Accession Number: 20071024-0020.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: ER08-83-000.
    Applicants: Gilberton Power Company.
    Description: Gilberton Power Company's application for market-based
rate authority, request for waivers and pre-approvals, and request for
finding of qualification as Category 1 Seller.
    Filed Date: 10/23/2007.
    Accession Number: 20071025-0030.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: ER08-84-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits its 8/30/07
Confirmation with North Carolina Electric Membership Corporation.
    Filed Date: 10/23/2007.
    Accession Number: 20071025-0029.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: ER08-85-000.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corporation agent for
AEP Texas North Company submits an executed amendment to the
Interconnection Agreement with Texas-New Mexico Power Company.
    Filed Date: 10/24/2007.
    Accession Number: 20071025-0028.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER08-86-000.
    Applicants: California Power Exchange Corporation .
    Description: The California Power Exchange Corp submits proposed
amendments to its Rate Schedule 1 in order to recover projected
expenses for the period 1/1/08--6/30/08.
    Filed Date: 10/24/2007.
    Accession Number: 20071025-0027.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER08-87-000.
    Applicants: Metropolitan Edison Company
    Description: Metropolitan Edison Company submits a Construction and
Reimbursement Agreement with MetEd, Texas Eastern Transmission LP et
al., etc.
    Filed Date: 10/24/2007.
    Accession Number: 20071026-0050.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER08-88-000.
    Applicants: Old Dominion Electric Cooperative, Inc.
    Description: Old Dominion Electric Cooperative submits an
Interconnection Agreement with A&N Electric Cooperative and Old
Dominion, to become effective 11/1/07.
    Filed Date: 10/24/2007.
    Accession Number: 20071026-0049.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER08-89-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolina LLC submits its Second Revised
Rate Schedule 316, the Full Requirements Power Purchase Agreement with
Piedmont Electric Membership Corporation, dated as 10/22/07.
    Filed Date: 10/24/2007.
    Accession Number: 20071026-0118.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: ER08-90-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool Inc submits an executed Amended
and Restated Interconnection Agreement with Public Service Company of
Oklahoma et al designated as First Revised Service Agreement 1160.
    Filed Date: 10/25/2007.
    Accession Number: 20071029-0066.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 15, 2007.

    Docket Numbers: ER08-91-000.
    Applicants: Mississippi Power Company.
    Description: Mississippi Power Company submits materials in support
of a request for authorization to use its updated depreciation rates in
the calculation of charges for services provided etc.
    Filed Date: 10/25/2007.
    Accession Number: 20071029-0067.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 15, 2007.

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

    Docket Numbers: ES07-34-000.
    Applicants: System Energy Resources, Inc.
    Description: System Energy Resources, Inc submits reports required
under Sections 131.43 and 131.50 of the Commission regulations.
    Filed Date: 10/25/2007.
    Accession Number: 20071026-0174.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 15, 2007.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA08-16-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Order No. 890 OATT of Northern Indiana Public Service
Company.
    Filed Date: 10/26/2007.
    Accession Number: 20071026-5021.
    Comment Date: 5 p.m. Eastern Time on Friday, November 16, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Jr.,
Acting Deputy Secretary.
[FR Doc. E7-21650 Filed 11-2-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Notices]
[Page 9371]
[DOCID:fr20fe08-123]

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

SECURITIES AND EXCHANGE COMMISSION

[Securities Act of 1933, Release No. 8893/February 13, 2008; Securities
Exchange Act of 1934, Release No. 57319/February 13, 2008]

Order Regarding Review of FASB Accounting Support Fee for 2008
Under Section 109 of the Sarbanes-Oxley Act of 2002

    The Sarbanes-Oxley Act of 2002 (the ``Act'') provides that the
Securities and Exchange Commission (the ``Commission'') may recognize,
as generally accepted for purposes of the securities laws, any
accounting principles established by a standard setting body that meets
certain criteria. Consequently, Section 109 of the Act provides that
all of the budget of such a standard setting body shall be payable from
an annual accounting support fee assessed and collected against each
issuer, as may be necessary or appropriate to pay for the budget and
provide for the expenses of the standard setting body, and to provide
for an independent, stable source of funding, subject to review by the
Commission. Under Section 109(f) of the Act, the amount of fees
collected for a fiscal year shall not exceed the ``recoverable budget
expenses'' of the standard setting body. Section 109(h) amends Section
13(b)(2) of the Securities Exchange Act of 1934 to require issuers to
pay the allocable share of a reasonable annual accounting support fee
or fees, determined in accordance with Section 109 of the Act.
    On April 25, 2003, the Commission issued a policy statement
concluding that the Financial Accounting Standards Board (``FASB'') and
its parent organization, the Financial Accounting Foundation (``FAF''),
satisfied the criteria for an accounting standard-setting body under
the Act, and recognizing the FASB's financial accounting and reporting
standards as ``generally accepted'' under Section 108 of the Act.\1\ As
a consequence of that recognition, the Commission undertook a review of
the FASB's accounting support fee for calendar year 2008. In connection
with its review, the Commission also reviewed the budget for the FAF
and the FASB for calendar year 2008.
---------------------------------------------------------------------------

    \1\ Financial Reporting Release No. 70.
---------------------------------------------------------------------------

    Section 109 of the Act also provides that the standard setting body
can have additional sources of revenue for its activities, such as
earnings from sales of publications, provided that each additional
source of revenue shall not jeopardize, in the judgment of the
Commission, the actual or perceived independence of the standard
setter. In this regard, the Commission also considered the
interrelation of the operating budgets of the FAF, the FASB and the
Governmental Accounting Standards Board (``GASB''), the FASB's sister
organization, which sets accounting standards used by state and local
government entities. The Commission has been advised by the FAF that
neither the FAF, the FASB nor the GASB accept contributions from the
accounting profession.
    After its review, the Commission determined that the 2008 annual
accounting support fee for the FASB is consistent with Section 109 of
the Act. Accordingly,
    It is ordered, pursuant to Section 109 of the Act, that the FASB
may act in accordance with this determination of the Commission.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E8-3036 Filed 2-19-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19537-19540]
[FR Doc No: 2020-07229]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88536; File No. SR-BOX-2019-37]

Self-Regulatory Organizations; BOX Exchange LLC; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change in Connection With the Proposed Commencement of
Operations of the Boston Security Token Exchange LLC as a Facility of
the Exchange

April 1, 2020.
    On December 18, 2019, BOX Exchange LLC (``Exchange'' or ``BOX'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change in
connection with the proposed commencement of operations of the Boston
Security Token Exchange LLC (``BSTX'') as a facility of the Exchange.
The proposed rule change was published for comment in the Federal
Register on January 3, 2020.\3\ On February 13, 2020, pursuant to
Section 19(b)(2) of the Act,\4\ the Commission designated a longer
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ The Commission has received
comment letters on the proposed rule change.\6\ This order institutes
proceedings pursuant to Section 19(b)(2)(B) of the Act \7\ to determine
whether to approve or disapprove the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87868 (December 30,
2019), 85 FR 345 (January 3, 2020) (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 88206 (February 13,
2020), 85 FR 9824 (February 20, 2020). The Commission designated
April 2, 2020, as the date by which the Commission shall approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change.
    \6\ All comments on the proposed rule change are available on
the Commission's website at https://www.sec.gov/comments/sr-box-2019-37/srbox201937.htm.
    \7\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

I. Summary of the Proposal

    As described in the Notice,\8\ the Exchange proposes to adopt the
Amended and Restated Limited Liability Company Agreement of BSTX (the
``BSTX LLC Agreement'') for BSTX as a facility of the Exchange.\9\ BSTX
proposes to operate a fully automated, price-time priority execution
system to list and trade NMS stocks that meet BSTX listing standards
and for which ancillary records of ownership reflecting certain end-of-
day security token balances as reported by market participants would be
created and maintained using distributed ledger technology (such
securities to be referred to as ``security tokens'').\10\
---------------------------------------------------------------------------

    \8\ See Notice, supra note 3.
    \9\ See id., 85 FR at 345. The proposed Boston Security Token
Exchange LLC, Amended and Restated Limited Liability Company
Agreement, dated as of January 29, 2019 (``BSTX LLC Agreement'') is
attached as Exhibit 5A to the Form 19b-4 for SR-BOX-2019-37
(available on the Commission's website at https://www.sec.gov/rules/sro/box/2019/34-87868-ex5a.pdf).
    \10\ See Notice, supra note 3, 85 FR at 345. The Exchange has
separately filed with the Commission a proposed rule change
regarding the listing and trading rules for the BSTX facility. See
Securities Exchange Act Release No. 88300 (February 28, 2020), 85 FR
13242 (March 6, 2020) (``BSTX Trading Rules Proposal'').
     The Commission also published an order instituting proceedings
to determine whether to approve or disapprove the BSTX Trading Rules
Proposal. See Securities Exchange Act Release No. 88002 (January 16,
2020), 85 FR 4040 (January 23, 2020) (SR-BOX-2019-19) (Notice of
Filing of Amendment No. 1 and Order Instituting Proceedings to
Determine Whether to Approve or Disapprove a Proposed Rule Change,
as Modified by Amendment No. 1, to Adopt Rules Governing the Trading
of Equity Securities on the Exchange Through a Facility of the
Exchange Known as the Boston Security Token Exchange LLC).
---------------------------------------------------------------------------

    According to the Exchange, BSTX is (1) 50% owned by BOX Digital
Markets LLC (``BOX Digital''), which is 98% owned by BOX Holdings Group
LLC (``BOX Holdings'') and 2% owned by Lisa Fall; \11\ and (2) 50%
owned by tZERO Group, Inc. (``tZERO''), which is 80.07% owned by Medici
Ventures, Inc. (``Medici''), a wholly owned subsidiary of a publicly
held corporation, Overstock.com, Inc. (``Overstock''), and 19.93% owned
by individuals and companies.\12\ BOX Holdings is (1) 41.33% owned by
MX US 2, Inc., which is 100% owned by MX US 1, Inc., a wholly owned
subsidiary of Bourse de Montreal, Inc., which in turn is a wholly owned
subsidiary of TMX Group Limited (``TMX''); (2) 22.01% owned by IB
Exchange Corp.; and (3) 36.66% owned by seven separate, unaffiliated
owners.\13\ The Exchange also states that BSTX is an affiliate of the
Exchange and will be subject to regulatory oversight by the
Exchange,\14\ and that tZERO and BSTX are affiliates of Overstock.\15\
---------------------------------------------------------------------------

    \11\ Lisa Fall is the Chief Executive Officer of BSTX, and
President of the Exchange. See BSTX LLC Agreement, supra note 9,
Signature Page.
    \12\ See Notice, supra note 3, 85 FR at 346. One individual
holds 7.53% of the outstanding shares of tZERO, and Newer Ventures
LLC, SpeedRoute Technologies Inc., Dinosaur Financial, and 28
individuals each own less than 3% of the outstanding shares of
tZERO. See id.
    \13\ See id. The following entities each hold less than 17% of
the outstanding units of BOX Holdings: Citadel Securities Principal
Investments LLC, Citigroup Financial Products Inc., UBS Americas
Inc., CSFB Next Fund Inc., LabMorgan Corp., Wolverine Trading, LLC,
and Aragon Solutions Ltd. See id.
    \14\ See id. at 345.
    \15\ See id. at 346.
---------------------------------------------------------------------------

    The Exchange states that BOX Holdings wholly owns BOX Options
Market LLC (``BOX Options''), which is a facility of the Exchange \16\
and the only facility that the Exchange currently operates.\17\ The
Exchange notes that the BSTX LLC Agreement provisions are generally the
same as provisions of the BOX Options LLC Agreement or the BOX Holdings
LLC Agreement, with certain exceptions.\18\ The Exchange states that it
will enter into a facility agreement with BSTX (``Facility Agreement'')
pursuant to which the Exchange will exercise regulatory oversight over
BSTX.\19\ Furthermore, the Exchange has entered into an IP License and
Services Agreement (``LSA'') with tZERO,\20\ under which tZERO will
provide BSTX and the Exchange with a license to use its intellectual
property that comprises the BSTX trading system and services related
to, among other things, implementing and maintain the trading
system.\21\
---------------------------------------------------------------------------

    \16\ See id. at 345.
    \17\ See id. at 345, n.4.
    \18\ See id. at 345, n.8 and accompanying text.
    \19\ See id. at 345. The Exchange will also provide certain
business services to BSTX pursuant to an administrative services
agreement. See id.
    \20\ See id. at 347.
    \21\ See id. at 352. The Facility Agreement, administrative
services agreement, and LSA were not provided as exhibits to the
proposal.
---------------------------------------------------------------------------

    Currently, BOX Digital and tZERO are the only holders of the
limited liability company interests of BSTX (``LLC Members'').\22\ The
Exchange proposes that a person would become an additional or
substitute LLC Member of BSTX only upon that person's execution of a
counterpart of the BSTX LLC Agreement to evidence that person's written
acceptance of the terms and

provisions of the BSTX LLC Agreement.\23\ According to the Exchange,
the Commission would be notified if an LLC Member's ownership interest
in BSTX, alone or together with any related person of that LLC Member,
meets or exceeds 5%, 10%, or 15%, and the BSTX LLC Agreement provides
that any ``Transfer'' that results in the acquisition and holding by
any person, alone or together with its related persons, of an ownership
interest that meets or crosses 20% or any subsequent 5% increment,
would be subject to the rule filing process pursuant to Section 19 of
the Act.\24\
---------------------------------------------------------------------------

    \22\ See id. at 346; BSTX LLC Agreement, supra note 9. ``LLC
Members'' are duly admitted holders of limited liability company
interests in BSTX and would include any person later admitted to
BSTX as an additional or substitute LLC Member as provided by the
BSTX LLC Agreement. See Notice, supra note 3, 85 FR at 346; BSTX LLC
Agreement, supra note 9, Section 1.1.
    \23\ See Notice, supra note 3, 85 FR at 352-53; BSTX LLC
Agreement, supra note 9, Section 7.1(b).
    \24\ See Notice, supra note 3, 85 FR at 353; BSTX LLC Agreement,
supra note 9, Section 7.4(e) and (f). The term ``Transfer'' is
defined in Section 7.1(a) of the BSTX LLC Agreement, and excludes
``(i) transfers among [LLC] Members, (ii) transfers to any Person
directly or indirectly owning, controlling or holding with power to
vote all of the outstanding voting securities of and equity
beneficial interests in such [LLC] Member, or (iii) any Person that
is a wholly owned Affiliate of such [LLC] Member.'' See BSTX LLC
Agreement, supra note 9, Section 7.1(a); Notice, supra note 3, 85 FR
at 352.
---------------------------------------------------------------------------

    Pursuant to the BSTX LLC Agreement, a Controlling Person that
establishes a Controlling Interest \25\ in an LLC Member that holds
equal to or greater than a 20% ownership interest in BSTX will be
required to become a party to the BSTX LLC Agreement, by executing an
instrument of accession, and abide by its provisions to the same extent
as if they were LLC Members.\26\ The Exchange also states that these
amendments to the BSTX LLC Agreement will be subject to the rule filing
process pursuant to Section 19 of the Act.\27\ The Exchange further
proposes that any BSTX Participant that directly or indirectly with
Related Persons holds more than 20% of BSTX would have its voting power
capped at 20%.\28\ According to the Exchange, this limitation is
designed to prevent a market participant from exerting undue influence
on an Exchange facility.\29\
---------------------------------------------------------------------------

    \25\ ``Controlling Person'' is defined as ``a Person who, alone
or together with any Related Persons of such Person, holds a
Controlling Interest in [an LLC] Member.'' ``Controlling Interest''
is defined as ``the direct or indirect ownership of 25% or more of
the total voting power of all equity securities of [an LLC] Member .
. . by any Person, alone or together with any Related Persons of
such Person.'' See BSTX LLC Agreement, supra note 9, Section
7.4(g)(v)(A)-(B). ``Related Person'' is defined as ``with respect to
any Person: (A) Any Affiliate of such Person; (B) any other Person
with which such first Person has any agreement, arrangement or
understanding (whether or not in writing) to act together for the
purpose of acquiring, voting, holding or disposing of Interests; (C)
in the case of a Person that is a company, corporation or similar
entity, any executive officer (as defined under Rule 3b-7 under the
Exchange Act) or director of such Person and, in the case of a
Person that is a partnership or limited liability company, any
general partner, managing member or manager of such Person, as
applicable; (D) in the case of any BSTX Participant who is at the
same time a broker-dealer, any Person that is associated with the
BSTX Participant (as determined using the definition of `person
associated with a member' as defined under Section 3(a)(21) of the
Exchange Act); (E) in the case of a Person that is a natural person
and a BSTX Participant, any broker or dealer that is also a BSTX
Participant with which such Person is associated; (F) in the case of
a Person that is a natural person, any relative or spouse of such
Person, or any relative of such spouse who has the same home as such
Person or who is a director or officer of the Exchange or any of its
parents or subsidiaries; (G) in the case of a Person that is an
executive officer (as defined under Rule 3b-7 under the Exchange
Act) or a director of a company, corporation or similar entity, such
company, corporation or entity, as applicable; and (H) in the case
of a Person that is a general partner, managing member or manager of
a partnership or limited liability company, such partnership or
limited liability company, as applicable.'' See BSTX LLC Agreement,
supra note 9, Section 1.1.
    ``BSTX Participant'' is defined as ``a firm or organization that
is registered with the Exchange pursuant to Exchange Rules for
purposes of participating in Trading on the BSTX Market as an order
flow provider or market maker.'' See id.
    \26\ See Notice, supra note 3, 85 FR at 346, 353; BSTX LLC
Agreement, supra note 9, Section 7.4(g). The proposed Form of
Instrument of Accession to Boston Security Token Exchange LLC,
Amended and Restated Limited Liability Company Agreement is attached
as Exhibit 5B to the Form 19b-4 for SR-BOX-2019-37 (available on the
Commission's website at https://www.sec.gov/rules/sro/box/2019/34-87868-ex5b.pdf). The Exchange specifically notes that Medici,
Overstock, BOX Digital, BOX Holdings, MX US 1, Inc., MX US 2, Inc.,
Bourse de Montreal, Inc., and TMX would be required to execute an
instrument of accession substantially in the form attached as
Exhibit 5B. See Notice, supra note 3, 85 FR at 346.
    Pursuant to Section 7.4(g)(iii) of the BSTX LLC Agreement, ``a
Person shall not be required to execute an amendment to [the BSTX
LLC Agreement] . . . if such Person does not, directly or
indirectly, hold any interest in [an LLC] Member.'' BSTX LLC
Agreement, supra note 9, Section 7.4(g)(iii).
    \27\ See Notice, supra note 3, 85 FR at 353; BSTX LLC Agreement,
supra note 9, Section 7.4(g)(iv).
    \28\ See Notice, supra note 3, 85 FR at 346, 353; BSTX LLC
Agreement, supra note 9, Section 7.4(h).
    \29\ See Notice, supra note 3, 85 FR at 346.
---------------------------------------------------------------------------

    The Exchange states that the BSTX LLC Agreement includes provisions
that ensure that the Exchange has full regulatory control over BSTX and
these provisions are designed to prevent any owner of BSTX from having
undue influence over regulatory actions.\30\ The BSTX LLC Agreement
provides that BSTX's board of directors (``Board'') will consist of six
directors, comprised of (1) two directors appointed by each of BOX
Digital and tZERO (the ``Member Directors''); (2) one director
appointed by the unanimous vote of the Member Directors (the
``Independent Director''); and (3) one non-voting director appointed by
the Exchange (``the ``Regulatory Director'').\31\ The Exchange states
that BSTX will have an Independent Director to avoid either BOX Digital
or tZERO from controlling or creating deadlock on the Board.\32\ The
Exchange also states that BSTX's Board structure differs from that of
BOX Options because BOX Options, as a wholly-owned subsidiary of BOX
Holdings, has the same directors as BOX Holdings, and BOX Holdings,
unlike BSTX, has no owners with 50% or greater ownership.\33\
---------------------------------------------------------------------------

    \30\ See id. at 348.
    \31\ See id.; BSTX LLC Agreement, supra note 9, Section 4.1(a).
The Exchange states that the Regulatory Director must be a member of
senior management of the regulation staff of the Exchange. See
Notice, supra note 3, 85 FR at 348. See also BSTX LLC Agreement,
supra note 9, Section 1.1.
    \32\ See Notice, supra note 3, 85 FR at 348.
    \33\ See id.
---------------------------------------------------------------------------

    Generally, actions by the Board will be considered effective only
if approved by at least a majority of the votes entitled to vote on
that action.\34\ The Board must approve, by an affirmative vote of the
Member Directors, any ``major action,'' which will include, among other
things, changes to operating the BSTX Market using any software system
other than the BSTX trading system, except as otherwise provided in the
LSA or to the extent otherwise required by the Exchange to fulfill its
regulatory functions or responsibilities or to oversee the BSTX Market
as determined by the board of the Exchange.\35\ The BSTX LLC Agreement
also provides that the Exchange shall receive notice of planned or
proposed changes to BSTX, with the exception of certain changes not
related to the operation of the market, or to the BSTX Market, and that
such changes will require affirmative approval by the Exchange before
implementation.\36\ If the Exchange determines that planned or proposed
changes could cause a regulatory deficiency, the Exchange may direct
BSTX, subject to Board approval, to modify the proposal as
necessary.\37\
---------------------------------------------------------------------------

    \34\ See id.; BSTX LLC Agreement, supra note 9, Section 4.3.
    \35\ See Notice, supra note 3, 85 FR at 348-49; BSTX LLC
Agreement, supra note 9, Section 4.4(a). ``BSTX Market'' is defined
as the market operated by the Exchange pursuant to Section 3.1 of
the BSTX LLC Agreement. See BSTX LLC Agreement, supra note 9,
Section 1.1.
    \36\ See Notice, supra note 3, 85 FR at 350; BSTX LLC Agreement,
supra note 9, Section 3.2(a)(ii).
    \37\ See Notice, supra note 3, 85 FR at 350; BSTX LLC Agreement,
supra note 9, Section 3.2(a)(iii).
---------------------------------------------------------------------------

    The Exchange also proposes how regulatory funds may be allocated.
The Exchange states that, pursuant to the Facility Agreement, the
Exchange will have the right to receive all fees, fines, and
disgorgements imposed upon BSTX Participants with respect to BSTX's
trading system (``Regulatory Funds'') and all other market data fees,
tape, and other revenue (``Non-regulatory

Funds''), and all Regulatory Funds and Non-regulatory Funds collected
in respect to BSTX may be used by the Exchange, at its sole discretion,
for regulatory purposes.\38\ Furthermore, all Regulatory Funds
collected by the Exchange will be retained by the Exchange and not
transferred to BSTX; however, Non-regulatory Funds collected may be
transferred to BSTX after the Exchange has made adequate provisions for
all regulatory purposes.\39\
---------------------------------------------------------------------------

    \38\ See Notice, supra note 3, 85 FR at 350-51. If BSTX incurs
costs and expenses for regulatory purposes, the Exchange may
reimburse BSTX using Regulatory Funds. See id. at 351. In the event
that the Exchange does not hold sufficient funds to meet all
regulatory purposes, BSTX will reimburse the Exchange for any such
additional costs and expenses. See id. The BSTX LLC Agreement does
not include provisions regarding Regulatory Funds.
    \39\ See id.
---------------------------------------------------------------------------

    The proposal includes provisions regarding capital contributions
and distributions. The BSTX LLC Agreement provides for an initial
capital contribution from both BOX Digital and tZERO, with tZERO
providing an initial cash contribution of $10 million and BOX Digital
providing the ``[r]ight to seek approval to become a facility of SRO''
and ``[r]egulatory expertise.'' \40\ The BSTX LLC Agreement also
includes provisions regarding determinations of capital needs by the
Board, including, among others, the requirement that at least one
Member Director appointed by each LLC Member affirmatively vote to
raise capital; \41\ potential cash distributions; \42\ and allocation
of profits, losses, and credits for each fiscal year to LLC Members at
least once annually on a pro rata basis.\43\
---------------------------------------------------------------------------

    \40\ See id.; BSTX LLC Agreement, supra note 9, Section 6.1 &
Schedule A. tZERO will also provide ``consideration provided
pursuant to the LSA.'' BSTX LLC Agreement, supra note 9, Schedule A.
    \41\ See Notice, supra note 3, 85 FR at 351; BSTX LLC Agreement,
supra note 9, Section 6.2. The Exchange states that the requirement
concerning the affirmative vote of one Member Director appointed by
each LLC Member is not present in the BOX Options LLC Agreement, but
that the Exchange believes that this provision promotes commercial
fairness and is necessary due to the differing ownership structure
of BSTX. See Notice, supra note 3, 85 FR at 351.
    \42\ See BSTX LLC Agreement, supra note 9, Section 8.1.
    \43\ See id., Section 9.1.
---------------------------------------------------------------------------

    The proposal also includes provisions regarding the regulation of
BSTX and regulatory jurisdiction over LLC Members of BSTX.\44\
Specifically, the BSTX LLC Agreement provides that the Exchange has the
authority to act as the self-regulatory organization (``SRO'') for
BSTX, will provide the regulatory framework for the BSTX Market, and
will have regulatory responsibility for the activities of the BSTX
Market.\45\ Additionally, the BSTX LLC Agreement includes provisions,
which the Exchange states are substantively similar to provisions in
the BOX Options LLC Agreement, that address the handling of
confidential information, both pertaining to regulatory matters and
otherwise.\46\ The BSTX LLC Agreement also contains provisions, which
the Exchange states are substantially similar to those of the BOX
Options LLC Agreement, related to regulatory jurisdiction over LLC
Members; \47\ the maintenance of books and records; \48\ and the
independence of the self-regulatory function of the Exchange and
compliance with federal securities laws.\49\
---------------------------------------------------------------------------

    \44\ See Notice, supra note 3, 85 FR at 354-55.
    \45\ See id. at 354; BSTX LLC Agreement, supra note 9, Section
3.2. The Exchange states that Section 3.2 of the BSTX LLC Agreement
ensures that the Exchange has full regulatory control over BSTX and
is designed to prevent any owner of BSTX from exercising undue
influence over the regulated activities of BSTX. See Notice, supra
note 3, 85 FR at 354.
    \46\ See Notice, supra note 3, 85 FR at 354-55; BSTX LLC
Agreement, supra note 9, Article 15. The BSTX LLC Agreement contains
additional language to make it clear that the Commission can access
and examine confidential information pursuant to federal securities
laws and rules. See Notice, supra note 3, 85 FR at 354-55; BSTX LLC
Agreement, supra note 9, Section 15.5.
    \47\ See Notice, supra note 3, 85 FR at 355; BSTX LLC Agreement,
supra note 9, Sections 11.1, 18.6(a), 18.6(c).
    \48\ See Notice, supra note 3, 85 FR at 355; BSTX LLC Agreement,
supra note 9, Section 11.1.
    \49\ See Notice, supra note 3, 85 FR at 348, 350; BSTX LLC
Agreement, supra note 9, Section 4.12.
---------------------------------------------------------------------------

    The Exchange also states that it is submitting a separate filing to
introduce structural changes to the Exchange to accommodate regulation
of BSTX as well as BOX Options.\50\ According to the Exchange, BSTX
Participants will have the same representation, rights, and
responsibilities as BOX Options Participants.\51\
---------------------------------------------------------------------------

    \50\ See Notice, supra note 3, 85 FR at 345.
    \51\ See id. See also Securities Exchange Act Release No. 88236
(February 19, 2020), 85 FR 10768 (February 25, 2020) (SR-BOX-2020-
04) (``Exchange Governance Amendment Proposal''). The Commission
notes that the Exchange Governance Amendment Proposal proposes to
amend the Exchange's LLC Agreement and Bylaws to provide flexibility
for the Exchange to regulate multiple facilities.
---------------------------------------------------------------------------

II. Summary of the Comment Letters Received

    To date the Commission has received two comment letters on the
proposal.\52\ One commenter notes that the proposal was only recently
brought to its attention because it did not anticipate that a filing by
an options exchange to create a facility could impact the U.S. equities
markets.\53\ This commenter expresses concern that the approval of the
proposal ``could be a significant change for the equities market.''
\54\ This commenter requests an extension of the comment period to
consider the proposal.\55\ Another commenter notes that the tZERO token
is affiliated with certain owners of the Exchange, Overstock, and other
entities related to the Exchange.\56\ This commenter also notes that
the price of the tZERO token is down by over 85% since issuance less
than two years ago.\57\ This commenter believes that the Commission
should disclose and study further details on the relationships between
the aforementioned entities.\58\
---------------------------------------------------------------------------

    \52\ See supra note 6.
    \53\ See Letter from Ellen Greene, Managing Director, SIFMA, to
Vanessa Countryman, Secretary, Commission, dated January 13, 2020
(``SIFMA Letter''), at 2. See also Letter from David A. Schrader,
Partner, Paykin Krieg & Adams, LLP, to Vanessa Countryman,
Secretary, Commission, dated February 25, 2020 (``PKA Law Letter''),
at 2 (stating that the proposal has had little dissemination among
market participants, particularly the exchanges and designated
market makers).
    \54\ See SIFMA Letter, supra note 53, at 2. This commenter's
letter also references the BSTX Trading Rules Proposal. See id. at
1. See also PKA Law Letter, supra note 53, at 2 (stating that the
proposal contains potentially significant changes to the operation
and structure of the global equity trading markets).
    \55\ See SIFMA Letter, supra note 53, at 2. This commenter also
requests more time to provide feedback on the BSTX Trading Rules
Proposal. See id. at 2.
    \56\ See PKA Law Letter, supra note 53, at 2.
    \57\ See id.
    \58\ See id.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-BOX-
2019-37 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \59\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide
additional comment on the proposed rule change to inform the
Commission's analysis of whether to approve or disapprove the proposed
rule change.
---------------------------------------------------------------------------

    \59\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\60\ the Commission is
providing

notice of the grounds for disapproval under consideration. The
Commission is instituting proceedings to allow for additional analysis
of the proposed rule change's consistency with Section 6(b)(1) of the
Act, which requires that a national securities exchange be so organized
and have the capacity to be able to carry out the purposes of the Act
and to comply, and enforce compliance by its members and persons
associated with its members, with the provisions of the Act, the rules
and regulations thereunder, and the rules of the exchange.\61\ In
addition, the Commission is instituting proceedings to allow for
additional analysis of the proposed rule change's consistency with
Section 6(b)(3) of the Act, which requires that the rules of a national
securities exchange assure a fair representation of its members in the
selection of its directors and administration of its affairs and
provide that one or more directors shall be representative of issuers
and investors and not be associated with a member of the exchange,
broker, or dealer; \62\ and Section 6(b)(5) of the Act, which requires,
among other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
to protect investors and the public interest, and not be designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.\63\
---------------------------------------------------------------------------

    \60\ Id.
    \61\ 15 U.S.C. 78f(b)(1).
    \62\ 15 U.S.C. 78f(b)(3).
    \63\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Under the Commission's Rules of Practice, the ``burden to
demonstrate that a proposed rule change is consistent with the Exchange
Act and the rules and regulations issued thereunder . . . is on the
[SRO] that proposed the rule change.'' \64\ The description of a
proposed rule change, its purpose and operation, its effect, and a
legal analysis of its consistency with applicable requirements must all
be sufficiently detailed and specific to support an affirmative
Commission finding,\65\ and any failure of an SRO to provide this
information may result in the Commission not having a sufficient basis
to make an affirmative finding that a proposed rule change is
consistent with the Act and the applicable rules and regulations.\66\
---------------------------------------------------------------------------

    \64\ 17 CFR 201.700(b)(3).
    \65\ See id.
    \66\ See id.
---------------------------------------------------------------------------

    The Commission is instituting proceedings to allow for additional
consideration and comment on the issues raised herein, including as to
whether the proposal is consistent with the Act.

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Sections 6(b)(1),\67\ 6(b)(3),\68\ and 6(b)(5) \69\ of
the Act or any other provision of the Act, or the rules and regulations
thereunder. Although there do not appear to be any issues relevant to
approval or disapproval that would be facilitated by an oral
presentation of views, data, and arguments, the Commission will
consider, pursuant to Rule 19b-4 under the Act,\70\ any request for an
opportunity to make an oral presentation.\71\
---------------------------------------------------------------------------

    \67\ 15 U.S.C. 78f(b)(1).
    \68\ 15 U.S.C. 78f(b)(3).
    \69\ 15 U.S.C. 78f(b)(5).
    \70\ 17 CFR 240.19b-4.
    \71\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by April 28, 2020. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by May 12,
2020. The Commission asks that commenters address the sufficiency of
the Exchange's statements in support of the proposal, which are set
forth in the Notice,\72\ in addition to any other comments they may
wish to submit about the proposed rule change.
---------------------------------------------------------------------------

    \72\ See Notice, supra note 3.
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2019-37 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-BOX-2019-37. 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-BOX-2019-37 and should be submitted by
April 28, 2020. Rebuttal comments should be submitted by May 12, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\73\
---------------------------------------------------------------------------

    \73\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-07229 Filed 4-6-20; 8:45 am]
BILLING CODE 8011-01-P