[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Pages 18095-18099]
[FR Doc No: 2021-07119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91458; File No. SR-BX-2021-008]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Enhance the End
of Day Summary Message on Nasdaq Last Sale Plus

April 1, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 19, 2021, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to enhance the End of Day (``EOD'') summary
message on Nasdaq Last Sale (``NLS'') Plus by replacing the current
high, low and closing price of a security based on its trading on BX,
The Nasdaq Stock Market, LLC (``Nasdaq''), and Nasdaq PHLX LLC
(``PSX'') with the high, low and closing price of a security published
by the securities information processors (``SIPs''), and adding the
opening price of a security as published by the SIPs to that message.
This is a companion filing that will modify the definition of NLS Plus
contained in the Nasdaq BX rulebook to conform to the definitions
provided in the Nasdaq and Nasdaq PSX rulebooks. The text of the
proposed rule change is available on the Exchange's website at https://listingcenter.nasdaq.com/rulebook/bx/rules, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to enhance the EOD summary message on NLS
Plus by replacing the current high, low and closing price of a security
based on its trading on the BX, Nasdaq, and Nasdaq PSX exchanges with
the consolidated high, low and closing price as published by the SIPs,
and adding the opening price of a security published by the SIPs to
that message.\3\ The proposed changes to NLS Plus were filed by Nasdaq
on February 17, 2021, and published in the Federal Register on March 8,
2021.\4\ Nasdaq PSX will be submitting a similar filing concurrently
with this filing. The purpose of this filing is to modify the
definition of NLS Plus in the Nasdaq BX rulebook to conform to the
definitions provided in the Nasdaq and Nasdaq PSX rulebooks.
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    \3\ The securities information processors issue consolidated
trade information pursuant to the UTP Plan and the CTA/CQ Plan.
    \4\ See Securities Exchange Act Release No. 91241 (March 2,
2021), 86 FR 13427 (March 8, 2021) (SR-Nasdaq-2021-010).
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    Nasdaq's proposal to enhance the EOD summary message on NLS Plus
was in response to requests by firms using NLS Plus for a broader
benchmark against which to compare trades on the Nasdaq exchanges.
Specifically, approximately 30 firms have requested that Nasdaq
distribute benchmark prices on NLS Plus to provide retail investors and
the general investing public with a static benchmark against which to
compare the price movements shown on NLS Plus using standard high, low,
opening and closing prices for U.S. markets as a whole. In response to
that feedback, and also partly in response to recent changes by
competitor exchanges to their end of day messages,\5\ the Exchange
proposes to enhance its EOD message for NLS Plus--which currently
provides the high, low and closing price of a security based on its
trading on Nasdaq affiliates--with a new EOD message that provides the
high, low and closing price published by the SIPs, and add a new field
with the opening price of a security as published by the SIPs.\6\
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    \5\ See Securities Exchange Act Release No. 89083 (June 17,
2020), 85 FR 37706 (June 23, 2020) (SR-CboeEDGX-2020-029) (amending
the content of the Cboe One Feed to identify the primary listing
market's official opening and closing price); NYSE Best Quote and
Trades Client Specification (March 30, 2020) (updated on January 31,
2020, to publish the listing market official opening and closing
price in the Consolidated Stock Summary Messages) available at
https://www.nyse.com/publicdocs/nyse/data/NYSE_BQT_Client_Specification_v2.3a.pdf.
    \6\ The Proposal also clarifies the description of the
information provided in NLS Plus. It removes an unnecessary sentence
at the end of the description of NLS Plus stating that volume
information reflects trading activity in Tape A and B Securities,
and replaces it with an earlier reference to Tape A and B securities
that provides the same information. It also separates the
description of the end of day trade summary into two sentences for
greater clarity: the first sentence lists the data provided by the
Nasdaq equity exchanges, and the second sentence identifies the
consolidated information obtained from Tapes A, B and C. The phrases
``as well as consolidated volume of,'' and ``Cumulative Consolidated
Market Volume'' are deleted to remove repetitive language that might
cause confusion. This filing also corrects an outdated reference to
NASDAQ OMX Information LLC in Section 139(b) by removing the old
firm name and replacing it with Nasdaq Information LLC, and replaces
an outdated reference to Nasdaq Rule 7032 in Section 139(b)(4) with
the correct citation to Equity 7, Section 132 of the Nasdaq
Rulebook. See Securities Exchange Act Release No. 84684 (November
29, 2018), 83 FR 62936 (December 6, 2018) (SR-NASDAQ-2018-098).
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    The Exchange proposes that this change become operative on May 17,
2021, to allow time to conduct customer testing in advance of the date
of launch.
Nasdaq Last Sale Plus
    NLS Plus is a comprehensive data feed that offers retail investors,
the general investing public, and other customers access to the last
sale products offered by BX,\7\ Nasdaq, and Nasdaq PSX, and the
consolidated volume information published on the SIPs for Tapes A, B,
and C, in a convenient format that includes both real-time and end of
day information.\8\ It is, in essence, a market data vendor product
that consolidates information from multiple Nasdaq exchanges and the
SIPs. This product directly competes against similar products offered
by other exchanges, and faces potential competition from data vendors,
which can obtain and distribute SIP data on the same terms as
Nasdaq.\9\
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    \7\ BX Last Sale is comprised of two proprietary data feeds
containing real-time last sale information for trades executed on
the Exchange. ``BX Last Sale for Nasdaq'' contains all such
transaction reports for Nasdaq-listed stocks, and ``BX Last Sale for
NYSE/NYSE American'' contains all such transaction reports for NYSE-
listed stocks and stocks listed on NYSE American and other Tape B
listing venues. See Equity 7, Section 139(a).
    \8\ The full list of NLS Plus components is as follows: Trade
Price, Trade Size, Sale Condition Modifiers, Cumulative Consolidated
Market Volume for Tape A, B, and C securities, End of Day Trade
Summary, Adjusted Closing Price, IPO Information, Bloomberg ID, and
pertinent regulatory Information (such as Market Wide Circuit
Breaker, Reg SHO Short Sale Price Test Restricted Indicator, Trading
Action, and Symbol Directory). See Equity 7, Section 139(b).
    \9\ See Securities Exchange Act Release No. 76771 (December 24,
2015), 80 FR 81601 n.3 (December 30, 2015) (SR-BX-2015-082) (noting
that, in distributing NLS Plus, Nasdaq ``performs precisely the same
functions as Bloomberg, Thomson Reuters, and other market data
vendors.'').
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    At the close of each trading day, Nasdaq disseminates an EOD
summary message on NLS Plus that includes the following information for
all active Nasdaq- and non-Nasdaq-listed securities:
     Nasdaq Price High: The highest price reported for a last
sale transaction on any Nasdaq venue for the issue symbol during the
current trading day.
     Nasdaq Price Low: The lowest price reported for a last
sale transaction on

any Nasdaq venue for the issue symbol during the current trading day.
     Nasdaq Price Closing: For Nasdaq-listed securities, this
is the Nasdaq Official Closing Price value, if available. For non-
Nasdaq-listed securities, it is the final last sale eligible
transaction reported by any Nasdaq venue for the issue during normal
market hours.
     Consolidated Volume: Reflects the total volume for the
issue reported at the consolidated market level.\10\
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    \10\ See NLS Plus Version 3.0 Technical Specifications, Section
5.8.5 (End of Day Trading Summary) at 29, available at http://www.nasdaqtrader.com/content/technicalsupport/specifications/dataproducts/NLSPlusSpecification3.0.pdf.
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Proposal
    The Exchange proposes to enhance the current EOD summary message by
providing the open, high, low, close and volume of a security based on
the consolidated data provided by the UTP and CTA/CQ plans for Tape A,
B \11\ and C \12\ securities. This will require replacing the current
high, low, and close on the Nasdaq exchanges with the following three
fields:
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    \11\ Tape A and Tape B securities are disseminated pursuant to
the Security Industry Automation Corporation's (SIAC's) Consolidated
Tape Association Plan/Consolidated Quotation System (``CTA/CQS'' or
``CTA'').
    \12\ Tape C securities are disseminated pursuant to the NASDAQ
Unlisted Trading Privileges (``UTP'') Plan.
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     Consolidated Price High: The highest price of any high/low
eligible transaction on Tapes A, B or C received on the trading day.
     Consolidated Price Low: The lowest price of any high/low
eligible transaction on Tapes A, B or C received on the trading day.
     Consolidated Price Close: The final last sale eligible
transaction on Tapes A, B or C received on the trading day.\13\
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    \13\ If there are no trades or no qualifying trades for a
specific issue, all relevant fields for the EOD summary message will
be left blank.
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    It will also require adding the following new field to the EOD
summary message:
     Consolidated Price Open: The first last sale eligible
transaction received on the trading day for Tapes A, B or C.
    The Consolidated Volume field will not change.
    The above data will be available to users of the NLS Plus feed on a
delayed basis, 15 minutes after the real-time dissemination of the
above data points on the UTP and CTA/CQ data feeds for that day. The
Exchange is not proposing any change to NLS Plus fees as a result of
this modification.

Discussion

    The NLS Plus data feed, designed for distribution to the investing
public,\14\ is purchased by broker-dealers for dissemination to retail
investors in the context of the brokerage relationship and financial
media websites for the general investing public, among others.
Approximately 30 firms that purchase or may purchase NLS Plus have
requested that Nasdaq modify the EOD summary information to help
investors place trades on the Nasdaq exchanges in the context of U.S.
markets as a whole, rather than just the Nasdaq exchanges.
Specifically, these firms requested that Nasdaq use benchmark prices
for the high, low, opening and closing price of a security as published
by the securities information processors to help investors understand
price movements on the Nasdaq exchanges.
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    \14\ See Securities Exchange Act Release No. 76771 (December 24,
2015), 80 FR 81601 at n.3 (December 30, 2015) (SR-BX-2015-082)
(explaining that the primary purpose of the Nasdaq subsidiary
distributing the NLS Plus feed ``is to combine publicly available
data from the three filed last sale products of the exchange
subsidiaries of Nasdaq, Inc. and from the network processors for the
ease and convenience of market data users and vendors, and
ultimately the investing public.'').
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    This suggestion by Nasdaq's customers is comparable to changes in
the end of day messages undertaken recently by two of Nasdaq's chief
competitors, Cboe and NYSE, in their top-of-book data feeds. In 2020,
both amended their end of day messages to identify the primary listing
market's official opening and closing price after a 15-minute delay,
which, similar to the proposal by Nasdaq's customers, establish an
external benchmark against which to evaluate exchange data.\15\
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    \15\ See Securities Exchange Act Release No. 89083 (June 17,
2020), 85 FR 37706 (June 23, 2020) (SR-CboeEDGX-2020-029) (amending
the content of the Cboe One Feed to identify the primary listing
market's official opening and closing price after a 15 minute delay,
effective July 10, 2020); NYSE Best Quote and Trades Client
Specification, Version 2.3a (March 30, 2020) available at https://www.nyse.com/publicdocs/nyse/data/NYSE_BQT_Client_Specification_v2.3a.pdf (updated on January 31,
2020, to publish the listing market official opening and closing
price in the Consolidated Stock Summary Messages).
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    In light of customer requests and changing industry standards, the
Exchange has determined that the requested change to the EOD summary
message is in the best interest of our customers. The end of day data
published by the securities information processors provides useful
information on the state of the U.S. market as a whole, and including
it on the NLS Plus feed will enhance investor understanding of the
proprietary data distributed by the Exchange.\16\ The proposal will
also provide consumers with greater choice by offering an alternative
to other EOD summaries offered in the market. The Exchange therefore
proposes to modify its EOD summary message to provide the Open, High,
Low, Close and Volume of a security based on the consolidated data
provided by the SIPs. This EOD message will be based on data obtained
from the securities information processors, and will be distributed by
Nasdaq as a vendor of SIP data, and will be subject to competition from
all distributors of SIP data.
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    \16\ Any customer that requires access to the high, low, and
closing price of a security on the Nasdaq equity exchanges alone,
and not the U.S. markets as a whole, would continue to have access
to that information on the real-time NLS Plus data feed.
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    The proposed change to the EOD summary message is not targeted at,
or expected to be limited in its applicability to, any particular
segment of market participants, and no segment of retail investors, the
general investing public, or any other market participant is expected
to benefit more than any other.\17\
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    \17\ Although this is not a fee filing, the Exchange is
addressing this question to provide as complete as possible an
evaluation of the proposed change. See Division of Trading and
Markets, U.S. Securities and Exchange Commission, ``Staff Guidance
on SRO Filings Related to Fees'' (May 21, 2019) (``Staff
Guidance''), available at https://www.sec.gov/tm/staff-guidance-sro-rule-filings-fees (indicating that the discussion of purpose should
indicate ``whether the relevant product or service, including the
corresponding proposed fee or fee change, is targeted at--or
expected to be limited in its applicability to--a specific
segment(s) of market participants (and if so, the related
details))''.
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    The Exchange expects that the new EOD message will be attractive to
potential customers, and, based on conversations with potential
customers and our overall familiarity with the market, the Exchange
expects between approximately 10 and 20 additional customers for NLS
Plus as a result of the proposed change.\18\
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    \18\ See id. (requesting that the discussion of purpose address
``the projected number of purchasers (including members, as well as
non-members) of any new or modified product or service and the
expected number of purchasers likely to be subject to a new fee or
pricing tier, including members and non-members . . .'').
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\19\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\20\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market

system, and, in general to protect investors and the public interest,
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
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    In 2015, the Commission found the creation of the NLS Plus data
feed to be ``consistent with section 6(b)(5) of the Act, which requires
that the rules of an exchange be designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanisms
of a free and open market and a national market system and, in general,
to protect investors and the public interest. . . .'' \21\ The NLS Plus
Approval Order noted that NLS Plus disseminated an End of Day Trade
Summary among other messages,\22\ and consolidated volume information
obtained from the UTP and CTA Plans.\23\ As NLS Plus and the current
end of day messages and volume information have already been shown to
be consistent with Section 6(b) of the Act, this analysis therefore
focuses on the consistency of the proposal to enhance the EOD summary
message with data on the open, high, low and closing price of a
security published by the SIPs.
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    \21\ See Securities Exchange Act Release No. 75257 (June 22,
2015), 80 FR 36862, 36864 (June 26, 2015) (SR-Nasdaq-2015-055)
(``NLS Plus Approval Order'') see also Securities Exchange Act
Release No. 75709 (August 14, 2015), 80 FR 50671 (August 20, 2015)
(SR-BX-2015-047) (adding NLS Plus to the BX rulebook).
    \22\ See NLS Plus Approval Order, 80 FR 36862 at 36863. (``In
addition to last sale information, NLS Plus also disseminates the
following data elements: Trade Price, Trade Size, Sale Condition
Modifiers, Cumulative Consolidated Market Volume, End of Day Trade
Summary, Adjusted Closing Price, IPO Information, and Bloomberg ID
(together the `data elements'). NLS Plus also features and
disseminates the following messages: Market Wide Circuit Breaker,
Reg SHO Short Sale Price Test Restricted Indicator, Trading Action,
Symbol Directory, Adjusted Closing Price, and End of Day Trade
Summary (together the `messages').'').
    \23\ See id. at 36863. (``Consolidated volume reflects the
consolidated volume at the time that the NLS Plus trade message is
generated, and includes the volume for the issue symbol as reported
on the consolidated market data feed. The consolidated volume is
based on the real-time trades reported via the UTP Trade Data Feed
(`UTDF') and delayed trades reported via CTA. NASDAQ OMX calculates
the real-time trading volume for its trading venues, and then adds
the real-time trading volume for the other (non-NASDAQ OMX) trading
venues as reported via the UTDF data feed. For non-NASDAQ-listed
issues, the consolidated volume is based on trades reported via
SIAC's Consolidated Tape System (`CTS') for the issue symbol. The
Exchange calculates the real-time trading volume for its trading
venues, and then adds the 15-minute delayed trading volume for the
other (non-NASDAQ OMX) trading venues as reported via the CTS data
feed.'').
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    NLS Plus competes with the substitute top-of-book proprietary data
products offered by other exchanges, including the NYSE BQT feed, which
disseminates top-of-book information from the NYSE, NYSE American, NYSE
Arca, NYSE National, and NYSE Chicago exchanges,\24\ and the Cboe One
Summary Feed, which disseminates data from the BZX Exchange, BYX
Exchange, EDGX Exchange and EDGA Exchange.\25\ NLS Plus also competes
with the offerings of data vendors that distribute the proprietary data
feeds of Nasdaq and other exchanges. Of particular importance here,
Nasdaq obtains data from the SIPs on the same terms as any data vendor,
and Nasdaq has no latency, cost, or other advantage in the distribution
of end of day SIP data as proposed herein. Retail customers are
potentially able to obtain such information from any distributor of SIP
data.
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    \24\ See Securities Exchange Act Release No. 87803 (December 19,
2019), 84 FR 71505 (December 27, 2019) (SR-NYSE-2019-70) (explaining
that the NYSE BQT market data product competes ``head to head with
the Nasdaq Basic and Cboe One Feed market data products.'').
    \25\ See https://markets.cboe.com/us/equities/
market_data_services/
#:~:text=Cboe%20Top%20is%20a%20real,time%20on%20a%20Cboe%20book.&text
=It%20is%20a%20real%2Dtime,time%20on%20a%20Cboe%20book. We note that
Cboe recently proposed a fee reduction for top-of-book data as well.
See Securities Exchange Act Release No. 86670 (August 14, 2019), 84
FR 43207 (August 20, 2019) (SR-CboeBYX-2019-012).
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    This Proposal reflects the competitive nature of these markets. As
noted above, both NYSE and Cboe expanded their end of day summary
messages in 2020 to identify the primary listing market's official
opening and closing price after a 15-minute delay.\26\ The Exchange's
change to the EOD summary message is, in part, a competitive response
to the data feed changes introduced by these two competitors. The
Proposal also promotes competition by providing investors with an
additional option for receiving consolidated EOD security data.
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    \26\ See Securities Exchange Act Release No. 89083 (June 17,
2020), 85 FR 37706 (June 23, 2020) (SR-CboeEDGX-2020-029) (amending
the content of the Cboe One Feed to identify the primary listing
market's official opening and closing price, effective July 10,
2020); NYSE Best Quote and Trades Client Specification, Version 2.3a
(March 30, 2020), available at https://www.nyse.com/publicdocs/nyse/data/NYSE_BQT_Client_Specification_v2.3a.pdf (updated on January 31,
2020, to publish the listing market official opening and closing
price in the Consolidated Stock Summary Messages).
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    Moreover, as explained above, the Proposal will enhance investor
understanding of the proprietary data distributed by the Exchange by
providing a benchmark against which to compare such changes.
    Competition with other exchanges in the sale of top-of-book
products, coupled with potential competition from vendors in the
distribution of proprietary and consolidated data feeds, and the
likelihood that the Proposal will enhance investor understanding of
securities markets and promote consumer choice, all provide a
substantial basis for finding that the Proposal promotes just and
equitable principles of trade, removes impediments to and perfects the
mechanism of a free and open market and a national market system, and
protects investors and the public interest.
    The Proposal is not unfairly discriminatory. As noted previously,
the NLS Plus data feed was found to be non-discriminatory and otherwise
consistent with the Act in 2015.\27\ The only change here is to enhance
the EOD summary message with data on the open, high, low and closing
price of a security published by the SIPs. As explained above, the
proposed change to the EOD summary message is not targeted at, or
expected to be limited in its applicability to, any particular segment
of market participants, and no segment of retail investors, the general
investing public, or any other market participant is expected to
benefit more than any other. The proposed EOD summary message will be
available to all NLS Plus purchasers, without differentiation of any
kind, and is therefore not unfairly discriminatory.
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    \27\ See Securities Exchange Act Release No. 75257 (June 22,
2015), 80 FR 36862, 36864 (June 26, 2015) (SR-Nasdaq-2015-055)
(``NLS Plus Approval Order'').
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Intermarket Competition
    The Proposal, which adds the high, low, opening and closing price
of a security as published by the SIPs to the NLS Plus EOD message,
will place no burden on intermarket competition (the competition among
SROs). As explained above, NLS Plus already competes directly against
the NYSE BQT feed and the Cboe One Summary Feed, and is subject to
potential competition from market data vendors. In the particular
context of distributing the proposed EOD message, the Exchange is in
direct competition with any vendor of SIP information, and any vendor
not currently distributing SIP data would be able to do so by obtaining
such information from the SIPs and adding that information to their
market data products. Rather than place a burden

competition, the Proposal will enhance competition by providing
consumers with greater choice through an alternative EOD summary not
currently offered by NYSE or Cboe.
Intramarket Competition
    The Proposal will not cause any unnecessary or inappropriate burden
on intramarket competition (competition among exchange customers). As
explained above, the Proposal is not targeted at, or expected to be
limited in its applicability to, any particular segment of market
participants, and no segment of retail investors, the general investing
public, or any other market participant is expected to benefit more
than any other. As such, the Proposal does not place any category of
market participant at a relative disadvantage compared to any other
market participant, and therefore will not impose any burden on
competition not necessary or appropriate in furtherance of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \28\ and Rule 19b-
4(f)(6) thereunder.\29\
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    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2021-008 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-BX-2021-008. 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-BX-2021-008 and should be submitted on
or before April 28, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07119 Filed 4-6-21; 8:45 am]
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Please verify or correct the following information:

	Check if Correct as Printed	Corrected Information

(Fill in only if preprinted information is missing or incorrect)

Name of System (Community): 	(

	Name of Contact for Water System:

(Record name of person completing survey on page 8; may be same person)

Street Address:

City, State, and Zip: 	(

	Population Served (if wholesale seller, include population of systems sold to):	(

	Number of Connections (not including those in consecutive systems): 	(

	Total System Design Capacity:     ____________ MGD

Source Water Type (Ground, Surface/GWUDI, etc.): 	  Check All That Apply: 	 ( Ground 		            (  Surface/GWUDI

                                        ( Purchased Ground 		            (  Purchased Surface/GWUDI

Ownership Type: 	  Check All That Apply: 	 ( Public	(	Federal Government

                                        (  Native American	( Investor-Owned or Private

					Non-Profit

	 ( Native Alaskan Village

Public reporting burden for this collection of information is estimated to average 7.55 hours per response. This estimate includes time for reviewing the instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collected. Burden means the total time, effort, or financial resources expended by person(s) to generate, maintain, retain, or disclose or provide information to or for a Federal Agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information; adjust the existing ways to comply with any previously applicable instructions; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPI, Regulatory Information Division, U.S. Environmental Protection Agency (1804A), Ariel Rios Building, 1200 Pennsylvania Ave., NW, Washington, DC 20460; and Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, DC 20503.

State Use Only

State Reviewer: ________________________________________________________________________ ___________	Telephone Number: __________________________

Information provided for this survey can be requested by the public; however, EPA will not release the names and addresses of respondents. Also it is our experience that survey information is rarely requested. Source, Treatment, Storage, and Pumping Inventory

To ensure all potential source, treatment, and storage projects are considered, it may be helpful to complete some or all of this inventory table.  However, completion of this table is not required.

Source Water

Inventory	Needing Replacement	Needing Rehabilitation	New Infrastructure Needs

Total Number and Capacity of Existing Wells or Springs:

		Wells (pumps included) or Springs:

		Wells (pumps included) or Springs:

			Does your system have additional source water capacity needs to meet the needs of current users? (check one)

Yes ___	 No ___	______

Total Number and Capacity of Existing Surface Water Sources:          _____________________________	Existing Surface Water Intakes (excluding pumps):

		Existing Surface Water Intakes (excluding pumps):

         		If yes, how many additional sources are necessary?

Total Number and Capacity of Existing Pumps (excluding booster pump

stations):

		Existing Groundwater Pumps (if wells not listed):

		Existing Groundwater Pumps (if wells not listed):

Existing Raw Surface Water Pumps:

 		Existing Raw Surface Water Pumps:

	Treatment

Inventory	Needing Replacement	Needing Expansion/Upgrading or Rehabilitation	New Infrastructure Needs

For the sources identified above, enter the number of locations where the following treatment is applied:

	Disinfection (including booster

disinfection): 		Disinfection: 	 	Disinfection:		Does your system have additional treatment needs for provision of additional public health protection or for aesthetic concerns? (check one)

Yes ___ No ___

If yes, what additional treatment is necessary?

Filtration: 		Filtration:		Filtration:

	Chemical removal or addition:

		Chemical treatment: 		Chemical treatment:

	Storage and Pump Stations

Inventory	Needing Replacement	Needing Rehabilitation	New Infrastructure Needs

Total Number and Capacity of Existing Storage Tanks:

 		Number of Existing Elevated or Ground-Level Storage Tanks:

 	________________________	Number of Existing Elevated or Ground-Level Storage Tanks:

 	_________________________	Does your system have additional storage capacity and/or booster pumping needs to meet the needs of current users? (check one)

Yes 	   No 	_

If yes, how much additional finished water storage or booster pumping capacity is necessary?

Total Number and Capacity of Existing Booster Pump Stations:

		Number of Existing Booster Pump Stations:

	________________________	Number of Existing Booster Pump Stations:

	_________________________

	Source, Treatment, Storage, and Pumping Projects

Project

Number	Project Name	Type of Need

(List 1)	Reason for Need

(List 2)	New,

Replace,

ReHab, Expand/

upgrade	Current

or

Future	Reg or Secondary Purpose

(List 3)

	Design Capacity (MG, MGD, kW)	Number Needed

(if applicable)	Cost Estimate

(if available)	Date of Cost Estimate

(Month/

Year)	Documen-

tation

(List 4)

Ex. 1	Replace Wells 3 and 8

at 0.5 MGD each	R1	A1	R	C	4A	0.5	2	-	-	6, 10

Ex. 2	Rehab Treatment Plant and Booster Station	T10	A1,A6	H	F	1A	5.0	1 $6,027,000	12/2009	4

1000

	1001

	1002

	1003

	1004

	1005

	1006

	1007

If a project is coded 2G for “climate readiness” from List 3, please refer to page 7 for supplemental questions.

If you have more source, treatment, storage, or pumping projects check this box ( and continue on a supplemental sheet (included in this package or downloadable at www.DWNeeds.com). Project numbers for these types of projects are 1000-1999, and should be numbered in sequence.

EPA requires documentation of all projects provided.  Applicable types of documentation are presented in List 4 of the Lists of Codes.

Use only existing documentation of cost.  We do not expect you to develop new cost estimates.

Transmission and distribution projects are the piping needs of a water system.  Projects for valves, other valves, and meters that are not part of a transmission or distribution project listed in this table should be recorded in the table on page 6.

Transmission and Distribution Inventory

On the table below, please provide an estimate of the total feet or miles of pipe in your system, if possible.  Completion of this table is not required, but it may be helpful to ensure all potential transmission and distribution pipe projects are considered.

Note:  The total feet or miles of pipe in your system is required information if any pipe projects are submitted based solely on survey-generated documentation (documentation codes 10 or 11). ______________	Total feet or miles of pipe in system (Circle or underline feet or miles)

	Total Pipe in System

(Circle or underline feet or miles)

 	<=6 inch

8-12 inch

15-42 inch

>=48 inch

	Plastic 	________	Feet or miles

Amount of PVC by pipe size	 ________	feet or miles	 ________	feet or miles	 ________	feet or miles	 ________	feet or miles

________	% of total pipe

% of this category/size pipe currently in poor condition or beyond useful life	 ________	%	 ________	%	 ________	%	 ________	%

Ductile Iron	________	Feet or miles

Amount of ductile iron by pipe size	 ________	feet or miles	 ________ feet or miles	 ________	feet or miles	 ________	feet or miles

________	% of total pipe

% of this category/size pipe currently in poor condition or beyond useful life	 ________	%	 ________	%	 ________	%	 ________	%

Cast Iron	________	Feet or miles

Amount of cast iron by pipe size	 ________	feet or miles	 ________ feet or miles	 ________	feet or miles	 ________	feet or miles

________	% of total pipe

% of this category/size pipe currently in poor condition or beyond useful life	 ________	%	 ________	%	 ________	%	 ________	%

Asbestos Cement	________	Feet or miles

Amount of asbestos cement by pipe size	 ________	feet or miles  ________	feet or miles	 ________	feet or miles	 ________	feet or miles

________	% of total pipe

% of this category/size pipe currently in poor condition or beyond useful life	 ________	%	 ________	%	 ________	%	 ________	%

Other	________	Feet or miles

Amount of other by pipe size	 ________	feet or miles	 ________	feet or miles	 ________	feet or miles	 ________	feet or miles

________	% of total pipe

% of other currently in poor

condition or beyond useful life	 ________	%	 ________	%	 ________	%  ________	%

Transmission and Distribution Projects

Project

Number	Project Name	Type of Need

(List 1)	Reason for Need

(List 2)	New,

Replace, or

ReHab	Current

or

Future	Reg or Secondary Purpose

(List 3)

	Diameter of Pipe (Inches)	Length of

Pipe

(Feet)	Cost Estimate

(if available)	Date of Cost Estimate

(Month/Year)	Documen-

tation

(List 4)

Ex. 1	Cleaning and Lining Old Cast Iron Mains	M1	A1	H	C	4A	12	18,000	-	- 11

Ex 2	Replace Deteriorated Transmission Main	X2	A1	R	C	4A	24	20,000 $4,200,000	06/2008	1

2000

	2001

	2002

	2003

	2004

	2005

	2006

	2007

If a project is coded 2G for “climate readiness” from List 3, please refer to page 7 for supplemental questions.

If you have more transmission or distribution projects check this box ( and continue on a supplemental sheet (included in this package or downloadable at www.DWNeeds.com). Project numbers for transmission or distribution projects are 2000-2999, and should be numbered in sequence.

EPA requires documentation of all projects provided.  Applicable types of documentation are presented in List 4 of the Lists of Codes.

Use only existing documentation of cost.   We do not expect you to develop new cost estimates.

Meters, Service Lines, Backflow Prevention Devices/Assemblies, Large Diameter Valves, etc

Projects for meters, service lines, backflow prevention devices and assemblies and other miscellaneous projects are recorded in this section to accommodate entries of multiple identical items on one line in the project table. Record only projects that are not a part of another project (e.g., water main replacement projects will already include valves, hydrants and other appurtenances).   EPA requires documentation of all projects provided.  Applicable types of documentation are presented in List 4 of the Lists of Codes. Use only existing documentation of cost.  We do not expect you to develop new cost estimates.

Number of Water Meters:

Total Number of Existing Backflow Prevention

Devices/Assemblies:

	Number of Backflow Prevention

Devices/Assemblies:

	Number of Backflow Prevention

Devices/Assemblies:

Total Number of Lead Service Lines:

Project

Number	Project Name	Type of Need

(List 1)	Reason for Need

(List 2)	New,

Replace, or

ReHab	Current

or

Future	Reg or Secondary Purpose

(List 3)	Size (Diameter in Inches)	Number Needed	Cost Estimate

(if available)	Date of Cost Estimate

(Month/Year)	Documen-

tation

(List 4)

Ex.1	Replace Lead Service Lines	M2	A6	R	C	1D	-	100	$100,000	05/2010	9, 11

3000

	3001

	3002

	3003

	3004

	Project

Number	Project Name	Type of Need

(List 1)	Reason for Need

(List 2)	New,

Replace, or

ReHab	Current

or

Future	Reg or Secondary Purpose

(List 3)

	Size (Diameter in Inches)	Number Needed	Cost Estimate

(if available)	Date of Cost Estimate

(Month/Year)	Documen-

tation

(List 4)

3005

	3006

	3006

	3008

If a project is coded 2G for “climate readiness” from List 3, please refer to page 7 for supplemental questions.

If you have more of these types of projects check this box ( and continue on a supplemental sheet (included in this package or downloadable at www.DWNeeds.com). Project numbers for these types of projects are 3000-3999, and should be numbered in sequence.

Climate Readiness

Supplemental Questions

If you used code 2G from List 3, in the “Regulation” column of the survey, indicating that you have one or more projects that are related to climate readiness, please answer the following questions. Only one response is requested; do not provide a response for each project.

Projects that included a climate ready component [Project #(s)]:  ________________                                                            _

Which of the following secondary consequences of climate change have contributed to your system’s need for climate readiness projects? (check all that apply)

Source water quality (e.g., water quality degradation affecting treatment processes, alternate sources, etc.)

Source water quantity (e.g., availability affected by snowmelt or weather patterns, or hydraulic patterns)

Infrastructure Vulnerability (e.g., facility locations affected by sea level rise, increased precipitation intensity)

Other (please explain)_______________________

Please describe the data you are relying on to determine climate change consequences and implications.

Model developed from state-specific data.

Model developed from region-specific data.

Other (please describe)_______________________

Respondent Information

Please provide the following information in case we need to contact you for clarification or additional explanation of any of your responses.

Contact Person (Person who completed this questionnaire):

Signature:

Name (please print):

Title:

Mailing Address:

(Street Address)

Telephone Number:

Fax Number:

E-mail Address:

Best Time to Reach You:

If you have any questions, contact your state coordinator

(contact information can be found at   HYPERLINK "http://www.dwneeds.com"  www.dwneeds.com )

or call the U.S. EPA toll-free Needs Survey Helpline at 1-888-766-3337.

CLOSING: Thank you for your help. Did you remember to:

	Attach all additional project tables to the questionnaire?

	Identify, by project number, available documentation for all needs and costs reported above?

	Put the questionnaire and the documentation in the pre-paid, pre-addressed Federal Express Pak provided and return this questionnaire 	and the documentation to the address below?  (See the pink enclosure for further return instructions.)

 PAGE

EPA Form 6100-02								  PAGE  1 									7/8/2011

EPA Form 6100-01																	7/8/2011

Source Projects are all projects related to collecting and pumping raw water.  This includes wells, surface water intakes, springs, off-stream raw water storage, pumps, and well houses.

Treatment Projects are all projects related to disinfection, filtration, or other treatment processes for ground or surface water sources, or for treatment applied in the distribution system.

Storage and Pumping Projects are related to finished or treated water storage, and booster pump stations.

OMB No.:

Approval Expires:

Federal PWSID No.: ____________


[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Page 22940]
[FR Doc No: 2013-08953]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Lease Airport Property for
Non-Aeronautical Purpose at the Bradford Regional Airport, Lewis Run,
PA

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of request to lease airport property for non-
aeronautical purpose.

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

SUMMARY: The FAA proposes to rule and invite public comment on the
lease of land for non-aeronautical purpose at the Bradford Regional
Airport, Lewis Run, Pennsylvania under the provision 49 U.P.C.
47125(a).

DATES: Comments must be received on or before May 17, 2013.

ADDRESSES: Comments on this application may be mailed or delivered to
the following address:

Thomas Frungillo, Airport Director, Bradford Regional Airport, 212
Airport Drive, Suite E, Lewis Run, Pennsylvania 16738.

and at the FAA Harrisburg Airports District Office:

Lori K. Pagnanelli, Manager, Harrisburg Airports District Office, 3905
Hartzdale Dr., Suite 508, Camp Hill, PA 17011.

FOR FURTHER INFORMATION CONTACT: Charles Trice, Civil Engineer,
Harrisburg Airports District Office, location listed above.
    The request to lease property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to lease airport property for non-aeronautical purpose at the
Bradford Regional Airport under the provisions of Section 47125(a) of
Title 49 U.S.C. On April 9, 2013, the FAA determined that the request
to lease airport property for non-aeronautical purpose at the Bradford
Regional Airport (BFD), Pennsylvania, submitted by the Bradford
Regional Airport Authority (Authority), met the procedural
requirements.
    The following is a brief overview of the request:
    The Authority requests the lease of approximately 0.50 acres of
non-aeronautical airport property to the Lafayette Township Sewer
Authority (Sewer Authority), Lewis Run, Pennsylvania. The land was
acquired without Federal participation. The undeveloped property is
located in Lafayette Township, east of Roberts Road and immediately
adjacent to and north of Pennsylvania State Route 59. The Sewer
Authority is proposing to use the property to construct an extension to
the existing Lafayette Township underground sewer system, and connect
the extension to an existing sewer line on airport property. As shown
on the Airport Layout Plan, the property does not serve an aeronautical
purpose and is not needed for airport development. The sewer line will
also not interfere with normal airport operations. There will be no
proceeds from the lease of the property, however, the airport will
receive equal if not greater intangible benefits including: the
allocation of two (2) tap-in connections to the sewer line; and the
allowance of two (2) Equivalent Dwelling Units, each of which apportion
400 gallons of sewage flow per day into the new system.
    Any person may inspect the request by appointment at the FAA office
address listed above. Interested persons are invited to comment on the
proposed lease. All comments will be considered by the FAA to the
extent practicable.

    Issued in Camp Hill, Pennsylvania, April 9, 2013.
Lori K. Pagnanelli,
Manager, Harrisburg Airports District Office.
[FR Doc. 2013-08953 Filed 4-16-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44398-44399]
[FR Doc No: 2017-20256]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-490-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Application

    Take notice that on August 31, 2017, Transcontinental Gas Pipe Line
Company, LLC (Transco), 2800 Post Oak Boulevard, Houston, Texas 77056-
6106, filed an application under section 7(c) of the Natural Gas Act
(NGA), and Part 157 of the Commission's regulations, requesting
authorization to construct and operate its Rivervale South to Market
Project, an expansion of Transco's interstate natural gas transmission
system in New Jersey. The project will enable Transco to provide an
additional 190,000 dekatherms per day (Dth/d) of firm transportation
capacity from the interconnection with Tennessee Gas Pipeline Company,
LLC (Tennessee) in River Vale, Bergen County, New Jersey (Rivervale
Interconnect) to Transco's Central Manhattan Meter Station in Hudson
County, New Jersey, and the Station 210 pooling point in Mercer County,
New Jersey. The project will include construction of a 0.61 mile 42-
inch loop, a pressure uprate of the North New Jersey Extension pipeline
(NNJ Extension), modifications at the Orange and Rockland, Emerson,
Paramus, and Central Manhattan meter and regulating (M&R) stations, and
construction or modification of related appurtenant facilities all
within New Jersey, all as more fully set forth in the application which
is on file with the Commission and open for public inspection.
    The filing may also be viewed on the web at http://www.ferc.gov
using the eLibrary link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, please contact FERC at<EMAIL_ADDRESS>or toll
free at<PHONE_NUMBER>, or TTY,<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Marg Camardello, Transcontinental Gas Pipe Line Company, LLC, P.O. Box
1396, Houston, Texas 77251, or by calling<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>

    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on October 6, 2017.

    Dated: September 15, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-20256 Filed 9-21-17; 8:45 am]
 BILLING CODE 6717-01-P