[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Proposed Rules]
[Pages 51620-51621]
[FR Doc No: 2022-18009]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1004; Airspace Docket No. 22-ACE-16]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Liberal, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace at Liberal,
KS. The FAA is proposing this action as the result of an airspace
review as part of the decommissioning of the Liberal very high
frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal
Operational Network (MON) Program. The name and geographic coordinates
of the airport and the name of the navigational aid would also be
updated to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before October 7, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-1004/Airspace Docket No. 22-ACE-16 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. 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 would amend the Class E surface airspace, and the Class E
airspace extending upward from 700 feet above the surface at Liberal
Mid-America Regional Airport, Liberal, KS, to support instrument flight
rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-1004/
Airspace Docket No. 22-ACE-16.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed

in the ADDRESSES section of this document. FAA Order JO 7400.11F lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by:
    Amending the Class E surface airspace at Liberal Mid-America
Regional Airport, Liberal, KS, by removing the Liberal VORTAC and
associated extensions from the airspace legal description; updating the
name (previously Liberal Municipal Airport) and geographic coordinates
of the airport to coincide with the FAA's aeronautical database; and
updating the outdated terms ``Notice to Airmen'' with ``Notice to Air
Missions'' and ``Airport/Facility Directory'' with ``Chart
Supplement'';
    And amending the Class E airspace extending upward from 700 feet
above the surface within a 6.7-mile (increased form a 6.4-mile) radius
of Liberal Mid-America Regional Airport; removing the Liberal VORTAC
and associated extensions from the airspace legal description; updating
the extension south of the airport to 3.9 (increased from 3) miles each
side of the 180[deg] bearing from the Liberal Mid-America Regional: RWY
35-LOC (previously ILS localizer course) extending from the 6.7-mile
(increased from 6.4-mile) radius of the airport to 11.9 (decreased from
12) miles south of the airport; and updating the name (previously
Liberal Municipal Airport) and geographic coordinates of the airport
and the name of the Liberal Mid-America Regional: RWY 35-LOC
(previously Liberal Municipal Airport ILS) to coincide with the FAA's
aeronautical database.
    This action is necessary due to an airspace review as part of the
decommissioning of the Liberal VOR, which provided navigation
information for the instrument procedures this airport, as part of the
VOR MON Program.
    Class E airspace designations are published in paragraphs 6002 and
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021,
and effective September 15, 2021, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    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, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ACE KS E2 Liberal, KS [Amended]

Liberal Mid-America Regional Airport, KS
    (Lat. 37[deg]02'38'' N, long. 100[deg]57'36'' W)

    Within a 4.2-mile radius of Liberal Municipal Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Air Missions. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE KS E5 Liberal, KS [Amended]

Liberal Mid-America Regional Airport, KS
    (Lat. 37[deg]02'38'' N, long. 100[deg]57'36'' W)
Liberal Mid-America Regional: RWY 35-LOC
    (Lat. 37[deg]03'27'' N, long. 100[deg]57'23'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Liberal Mid-America Regional Airport;
and within 3.9 miles each side of the 180[deg] bearing from the
Liberal Mid-America Regional: RWY 35-LOC extending from the 6.7-mile
radius of the airport to 11.9 miles south of the airport.

    Issued in Fort Worth, Texas, on August 17, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-18009 Filed 8-22-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 1, 2009 (Volume 229, Number 74)]
[Notices]
[Page 62846]
[DOCID:fr01de09-137]

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SECURITIES AND EXCHANGE COMMISSION

[Form F-8; OMB Control No. 3235-0378; SEC File No. 270-332]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form F-8 (17 CFR 239.38) may be used to register securities of
certain Canadian issuers under the Securities Act of 1933 (15 U.S.C.
77a et seq.) that will be used in an exchange offer or business
combination. The information collected is intended to ensure that the
information required to be filed by the Commission permits verification
of compliance with securities law requirements and assures the public
availability of such information. Form F-8 takes approximately one hour
per response to prepare and is filed by approximately 10 respondents.
We estimate that 25% of one hour per response (15 minutes) is prepared
by the company for a total annual reporting burden of 3 hours (15
minutes/60 minutes per response x 10 responses = 2.5 hours rounded to 3
hours).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Charles Boucher, Director/
CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432
General Green Way, Alexandria, Virginia 22312; or send an e-mail to:
<EMAIL_ADDRESS>
    Dated: November 24, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-28685 Filed 11-30-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46753-46754]
[FR Doc No: 2021-17749]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2018-0190]

Aviation Consumer Protection Advisory Committee: Notice of
Solicitation of Nominations for Appointment for the Anti-Discrimination
Subcommittee

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Solicitation of nominations for appointment for the Anti-
Discrimination Subcommittee.

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SUMMARY: The U.S. Department of Transportation (Department) has
established a subcommittee of the Aviation Consumer Protection Advisory
Committee (ACPAC) to focus on preventing discrimination and ensuring
air travelers are treated equally and without bias. The Department
invites interested persons to submit applications or nominations for
membership to this subcommittee, which has been named the Anti-
Discrimination Subcommittee. The Anti-Discrimination Subcommittee is
charged with making recommendations to the ACPAC on best practices
related to training and other practices or actions that can be taken by
DOT, airlines or others to ensure nondiscriminatory delivery of
airlines' programs and activities to air travelers. The recommendations
of the Anti-Discrimination Subcommittee will receive full review,
deliberation and proper consideration in a public meeting of the ACPAC
before final recommendations are submitted to the Department.

DATES: Applications and nominations for membership must be received on
or before September 20, 2021. You may submit your applications and
nominations electronically via email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For further information, please
contact Maegan Johnson, Senior Trial Attorney, U.S. Department of
Transportation, by email at<EMAIL_ADDRESS>or by telephone at
202-366-9342.

SUPPLEMENTARY INFORMATION:

Background

    On May 24, 2012, the Department established an advisory committee
on aviation consumer protection as mandated by the FAA Reauthorization
Act of 2012. The statutory termination date for the Committee was
originally September 30, 2015, but has been extended several times,
most recently by the FAA Reauthorization Act of 2018 (2018 FAA Act) to
the current termination date of September 20, 2023. The purpose of the
Aviation Consumer Protection Advisory Committee is to evaluate existing
aviation consumer protection programs and provide recommendations to
the Secretary for improving and establishing additional aviation
consumer protection programs. Consumer protection inherently includes
preventing unlawful discrimination against consumers.

Establishment of the Anti-Discrimination Subcommittee

    Airlines are prohibited from discriminating against passengers
based on race, national origin, religion, ancestry, gender, gender
identity and sexual orientation or as otherwise prohibited under 49
U.S.C. 40127(a) and 49 U.S.C. 41310. 49 U.S.C. 40127(a) states that
U.S. and foreign air carriers may not subject a person in air
transportation to discrimination because of ``race, color, national
origin, religion, sex, or ancestry.'' In addition, 49 U.S.C. 41310(a)
prohibits U.S. and foreign airlines from unreasonable discrimination
against any person in foreign air transportation. The Department also
interprets 49 U.S.C. Sec.  41712 (which prohibits airlines and ticket
agents from engaging in unfair and deceptive practices and unfair
methods of competition) and 49 U.S.C. 41702 (which requires airlines to
provide safe and adequate interstate air transportation) as prohibiting
discrimination against airline passengers. The Department is
responsible for ensuring that airlines adhere to Federal non-
discrimination laws.
    The 2018 FAA Act requires the Department to develop best practices
to improve airline nondiscrimination training policies in consultation
with persons of diverse backgrounds in race, ethnicity, religion and
gender, national organizations that represent those communities,
airlines, airports and contract service providers. To help inform this
effort, in August 2019, the U.S. Government Accountability Office (GAO)
issued a report identifying key considerations for airline non-
discrimination training programs.

    In January 2021, President Biden renewed the Federal government's
commitment to civil rights and directed Federal agencies to address all
forms of discrimination. The Executive Order on Advancing Racial Equity
and Support for Underserved Communities Through the Federal Government
(E.O. 13985) requires Federal agencies to recognize and work to redress
inequities in their policies and programs, assess whether the agency's
programs and policies perpetuate systemic barriers to opportunities and
benefits for people of color and other underserved groups, and assess
whether new policies, regulations, or guidance documents may be
necessary to advance equity in agency actions and programs. The
Executive Order on Preventing and Combating Discrimination on the Basis
of Gender Identity or Sexual Orientation (E.O. 13988) requires Federal
agencies to conduct a review of regulations, guidance, and other agency
actions that prohibit sex discrimination and consider whether to
revise, suspend, or rescind such actions or promulgate new actions, to
ensure that laws that prevent discrimination on the basis of gender
identity or sexual orientation are fully implemented and enforced.
Also, the Presidential Memorandum Condemning and Combating Racism,
Xenophobia, and Intolerance against Asian Americans and Pacific
Islanders (January 29 Memorandum) requires Federal agencies to take
steps to ensure that official actions, documents, and statements
pertaining to the COVID-19 pandemic do not exhibit or contribute to
racism, xenophobia, and intolerance against members of Asian American
and Pacific Islander communities.
    The Department has established the Anti-Discrimination Subcommittee
under the ACPAC to review airlines' policies, procedures, and practices
to prevent discrimination against air travelers on the basis of race,
national origin, religion, ancestry and gender, gender identity, and
sexual orientation. The Department will select the following entities
and diverse persons to serve on the Anti-Discrimination Subcommittee:
Persons of diverse backgrounds in race, ethnicity, religion and gender;
lesbian, gay, bisexual, transgender, queer (LGBTQ+) persons; national
organizations that represent diverse racial, ethnic, and religious
communities; national organizations that represent LGBTQ+ communities,
airlines, airport operators, contract service providers, and ticket
agents. The Anti-Discrimination Subcommittee is tasked with providing
recommendations to the ACPAC on best practices related to civil rights
training and other practices or actions that can be taken by DOT,
airlines or others to ensure nondiscriminatory delivery of airlines'
programs and activities to air travelers in accordance with section 407
of the 2018 FAA Act, Executive Orders 13985 and 13988, and President
Biden's January 29 Memorandum. Meetings will be held in person in
Washington, DC and/or through a publicly accessible virtual format.

Selection of Members to Anti-Discrimination Subcommittee

    The Department will choose Anti-Discrimination Subcommittee members
based on three main criteria: (1) Representativeness (does the
applicant represent the airline industry, any group with members who
have experienced discrimination on the basis of race, national origin,
religion, ancestry, gender, gender identity, sexual orientation or an
otherwise prohibited category under Federal law, or other interested
parties such as airports or ticket agents?); (2) expertise (does the
applicant bring essential knowledge, expertise and/or experience
regarding aviation civil rights and the topic area(s) of interest that
will enrich the discussion of the available options and their
respective costs and benefits?); and (3) willingness to participate
fully (is the applicant able and willing to attend meetings and
generally contribute constructively to a rigorous policy development
process?). The Department may select more than one representative for a
group, if appropriate, to obtain balanced membership.
    Individuals applying for membership should keep in mind that Anti-
Discrimination Subcommittee members will be selected based on their
ability and willingness to effectively represent the interests of all
stakeholders in their category, as distinct from their parochial or
personal interests. For example, an individual selected to serve on the
Anti-Discrimination Subcommittee as a representative of an airline
would represent not only his or her own airline, but the interests of
all airlines. As such, the individual would be expected to consult with
other airlines in bringing issues to the table before the Anti-
Discrimination Subcommittee.
    All interested individuals may self-apply or nominate any
individual or organization to the Anti-Discrimination Subcommittee. To
be considered, applicants/nominators should submit the following
information:
     Name, title, organization, and contact information
(address, telephone number and email address) of nominee/applicant;
     Category of membership that the nominee/applicant is
qualified to represent;
     Resume of the applicant or short biography of the nominee
including professional and academic credentials;
     A statement of nomination on why the applicant wants to
serve or the nominator is nominating the individual to serve, and the
unique perspectives and experiences the nominee brings to the
Committee;
     An affirmative statement that the applicant/nominee meets
the eligibility requirements; and
     Optional letters of support.
    Please do not send company, trade association, organization
brochures, or any other promotional information. Materials submitted
should total five pages or less. Should more information be needed,
Department staff will contact the applicant/nominee, obtain information
from the applicant's/nominee's past affiliations, or obtain information
from publicly available sources. All application/nomination materials
should be submitted electronically via email at<EMAIL_ADDRESS>on or
before September 20, 2021. Any person needing accessibility
accommodations with preparing and/or submitting nominations should
contact Maegan Johnson, Senior Trial Attorney, U.S. Department of
Transportation, by email at<EMAIL_ADDRESS>or by telephone at
202-366-9342.
    Persons selected for appointment to the Anti-Discrimination
Subcommittee will be notified by return email and by a letter of
appointment. Members of the Anti-Discrimination Subcommittee are
responsible for their own travel and per diem expenses.

John E. Putnam,
Acting General Counsel.
[FR Doc. 2021-17749 Filed 8-18-21; 8:45 am]
BILLING CODE P


Questions for EDMVS on the Draft Detailed Review Paper for Avian Two Generation Toxicity Test ( 23 April 2003)

The purpose of this DRP is to provide the basis and purpose of the proposed two generation test for definitively evaluating the adverse consequences of a possible endocrine disrupting chemical to birds. The DRP summarizes, explains, and documents decisions regarding the relevant principles, methods, and techniques recommended in developing a protocol and identifies issues which should be addressed before interlaboratory validation.

1. Does the EDMVS agree that a two generation method recommended with Japanese quail is appropriate?

2. Does the EDMVS agree that for purposes of evaluating potential adverse consequences of putative endocrine disrupting chemicals in Tier 2 that fitness endpoints should be emphasized more than mechanistic endpoints? Does the EDMVS have recommendations for balancing the inclusion of mechanistic endpoints?

3. Does the EDMVS have suggestions to improve the DRP? Questions for EDMVS on the Draft Comparative Evaluation of Vitellogenin Reports ( Fathead minnow  May 2003; Zebrafish & Medaka  July 2003)

The purpose of the comparative evaluation was to survey existing analytical methods for measuring vitellogenin in small fish to determine the qualitative and/ or quantitative comparability of existing methods.

4. Does the EDMVS believe a single analytical method be selected ( for each of the three species), optimized, validated and standardized or would the establishment of strict performance criteria be sufficient to allow choice of method?

5. Does the EDMVS agree that a single vitellogenin method ( for each species) be used in the interlaboratory validation of the fish assays? Questions for EDMVS on the Draft Report on the Comparative Evaluation of Fathead Minnow Assays for Detecting Endocrine Disrupting Chemicals ( July 2003)

The purpose of this comparative evaluation was to demonstrate the transferability and suitability of a short term reproduction assay with fathead minnow developed by EPA for Tier 1 screening of endocrine disrupting chemicals ( EDCs) and compare this assay to two other assays, one with non spawning adults and the other an abbreviated version of the short term reproduction assay.

6. Does the EDMVS agree that the concordance observed with the EPA method for the four chemicals evaluated ( methoxychlor, trenbolone, flutamide, and fadrozole) adequately demonstrates the transferability and suitability of the assay as a Tier 1 screen?

7. Does the EDMVS agree that based on the results of the comparative study it can be concluded that fish in spawning condition are more sensitive than non spawning fish for detecting likely EDCs? If not, does the EDMVS have recommendations for additional work needed to support such a conclusion?

8. Does the EDMVS agree that the abbreviated EPA method ( 14 day reproduction) shows promise but should be further evaluated before supplanting the full 21 day method?


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43194-43196]
[FR Doc No: 2019-17860]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86664; File No. SR-CboeBZX-2019-031]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to Clarify Portions of Rule 14.11 (Other Securities) Related to the
Applicability of Certain Disclosure Requirements

August 14, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 31, 2019, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
clarify portions of rule 14.11 (Other Securities) related to the
applicability of certain disclosure requirements. The text of the
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to clarify portions of Rule 14.11 related to
the applicability of certain disclosure requirements, as well as make
non-substantive changes to correct an inadvertent spelling error
throughout Rule 14.11(a) and (b).
    Currently, under Rule 14.11(b) (Portfolio Depositary Receipts),
Rule 14.11(c) (Index Fund Shares), and Rule 14.11(j) (Derivative
Securities Traded under Unlisted Trading Privileges) a Member is
required to provide to all purchasers a written description of the
terms and characteristics of the applicable securities (or a ``product
description''). In addition, Members also have a separate prospectus
delivery requirement under Section 24(d) of the Investment Company Act
of 1940 (``1940 Act''). A Member, however, is not required to send a
Section 24(d) prospectus for a security if such security is subject of
an order by the Securities and Exchange Commission (``Commission'')
exempting it from Section 24(d) prospectus delivery requirements, and
is not otherwise subject to prospectus delivery requirements under the
Securities Act of 1933 (``1933 Act''). As such, the Exchange provides
rules requiring Members to deliver a product description for securities
exempt from the prospectus delivery requirements. The Exchange notes
that a product description is a written description of the terms and
characteristics of a security in a form prepared or approved by the
Exchange, whereas a prospectus is a legal document required by and
filed with the Commission which contains detailed disclosers about a
security.
    Currently, subparagraphs (j)(3), (b)(2), and (c)(2) to Rule 14.11
govern the written description disclosure requirements for derivative
securities traded under unlisted trading privileges (``UTP Derivative
Securities''), series of Portfolio Depositary Receipts, or series of
Index Fund Shares, respectively. As written, these subparagraphs under
14.11 do not make it explicit to Members that the product description
requirements are applicable only to prospectus-exempt products.
Furthermore, current subparagraphs (b)(2) and (c)(2) to Rule 14.11 do
not contain a provision (like that of subparagraph (j)(3)(B)) that the
Exchange will inform its Members by means of an information circular
when the product description delivery requirements apply. Therefore, in
order to provide Members with better understanding of the provisions in
connection these requirements, the Exchange now proposes to amend its
rules to explicitly state that the product description delivery
requirements apply only to the respective products that are exempt from
the 1940 Act prospectus delivery requirements and are not otherwise
subject to the prospectus delivery requirements under the 1933 Act. The
Exchange also proposes to add language to subparagraphs (b)(2) and
(c)(2) to inform Members that the Exchange will announce the
applicability of the product description delivery requirements to
particular series of Portfolio Depositary Receipts or Index Fund Shares
via information circular. This change is intended to provide clarity to
Members regarding when and how the Exchange will notify Members of
their product delivery obligations. The Exchange notes that Rule
14.11(j)(3)(B) currently provides that the Exchange informs its Members
of the application of product description delivery requirements related
to UTP Derivative Securities by means of information circular. The
Exchange also notes that the proposed amendments are substantially
similar to the disclosure requirement provision currently applicable to
Managed Fund Shares.\5\
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    \5\ See Rule 14.11(i)(6).
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    The Exchange proposes to update the heading of Rule 14.11(j)(3)(A),
which currently states ``Prospectus Delivery'', to ``Scope of Product
Description'' as it believes this better aligns with the requirements
provided for under paragraph (j)(3), thus provides further clarity
regarding the product description requirements contained within this
paragraph.

    Additionally, the Exchange proposes to correct an inadvertent
spelling mistake throughout Rule 14.11(b). Current Rule 14.11(b) spells
the term ``Depositary'' incorrectly as ``Depository'', therefore the
Exchange proposes to correct this spelling where applicable throughout
Rule 14.11(b).
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an 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,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange also believes the proposed rule
change is consistent with Section 6(b)(1) of the Act, which provides
that the Exchange be organized and have the capacity to be able to
carry out the purposes of the Act and to enforce compliance by the
Exchange's Members and persons associated with its Members with the
Act, the rules and regulations thereunder, and the rules of the
Exchange.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
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    In particular, the Exchange believes that this proposal benefits
and protects investors because it is designed to bolster Member
understanding of its rules and the applicability of the subparagraphs
providing for written description disclosure requirements to certain
products. Because current subparagraphs (j)(3), (b)(2), and (c)(2) to
Rule 14.11 currently do not explicitly state under what circumstances
they will apply to the respective products under each subparagraph, the
Exchange has found that it is unclear to Members the subparagraphs in
connection with required written descriptions only apply to securities
or series that are exempt from the Section 24(d) prospectus delivery
requirements, and otherwise not subject to prospectus delivery
requirements under the 1933 Act. The Exchange thus believes this
proposed change will enhance Members' understanding with respect to
when and to which products the relevant subparagraphs are applicable,
thereby protecting investors and the public interest. The Exchange
notes that this proposal does not alter any of the disclosure
requirements applicable to market participants, but merely intends to
make explicit when the written disclosure provisions apply, as well as
establish that the Exchange will notify Members via information
circular of their product description obligations for particular series
Portfolio Depositary Receipts and Index Fund Shares. Additionally, the
Exchange believes that providing clear rules regarding the
applicability of provisions requiring written product description
deliveries will enable the Exchange to be organized and have the
capacity to enforce compliance its Members with the Act and the rules
of Exchange. The Exchange notes that the proposed changes are
substantially similar to Rule 14.11(i)(6), which covers the disclosure
requirements applicable to Managed Fund Shares.
    Additionally, the Exchange makes corrective changes to an
inadvertent incorrect spelling of the term ``Depositary'' throughout
Rule 14.11(b), which it believes will protect investors by alleviating
any potential confusion.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. On
the contrary, the proposed rule change is not designed to address any
competitive issues but is only intended to bolster Member understanding
of its rules with respect to the applicability of certain disclosure
requirement provisions.

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

    No comments were solicited or received on the proposed rule change.

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
Rule 19b-4(f)(6) \10\ thereunder. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2019-031 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2019-031. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the

Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2019-031 and should be submitted
on or before September 10, 2019.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-17860 Filed 8-19-19; 8:45 am]
BILLING CODE 8011-01-P