[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Page 28094]
[FR Doc No: 2021-10940]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10853-022]

Otter Tail Power Company; Notice of Availability of Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for a new license for the Otter Tail River
Hydroelectric Project, which consists of five developments on the Otter
Tail River that begins in the Township of Friberg, Minnesota and
extends downstream (south) of the City of Fergus Falls in Otter Tail
County, Minnesota. The project does not occupy federal land.
    The EA contains staff's analysis of the potential environmental
effects of the project and concludes that licensing the project, with
appropriate environmental measures, would not constitute a major
federal action that would significantly affect the quality of the human
environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the EA via the internet through the Commission's
Home Page (http://www.ferc.gov/) using the ``eLibrary'' link. Enter the
docket number, excluding the last three digits in the docket number
field, to access the document. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,
(202) 502-8659.
    You may also register online at https://ferconline.ferc.gov/eSubscription.aspx to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    Any comments should be filed within 45 days from the date of this
notice.
    The Commission strongly encourages electronic filings. Please file
comments using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/Quick Comment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support. In lieu of
electronic filing, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
The first page of any filing should include docket number P-10853-022.
    For further information, contact Patrick Ely at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.

    Dated: May 18, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-10940 Filed 5-24-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 59044-59045]
[FR Doc No: 2013-23312]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4143-DR; Docket ID FEMA-2013-0001]

Arkansas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Arkansas (FEMA-4143-DR), dated September 4,
2013, and related determinations.

DATES: Effective Date: September 4, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 4, 2013, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Arkansas resulting from severe storms and flooding during the
period of August 8-14, 2013, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Arkansas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to Section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Kenneth K. Suiso, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Arkansas have been designated
as adversely affected by this major disaster:

    Benton, Boone, Carroll, Madison, Marion, and Newton Counties for
Public Assistance.
    All counties within the State of Arkansas are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-23312 Filed 9-24-13; 8:45 am]
BILLING CODE 9111-23-P


8 15 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF 6 2 2 2w I AIR AND RADIATION Mr. Frank P. Prager Xcel Energy 4653 Table Mountain Drive, Golden, Colorado 80403 Dear Mr. Prager:

Thank you for your petition of July 8,2002, to Christine Todd Whitman, Administrator of the U. S. Environmental Protection Agency, in which you requested an additional carbon monoxide ( CO) emission limit be added to the Clean Air Act Section 129 maximum achievable control technology ( MACT) standards for large municipal waste combustion ( MWC) units ( Subpart Cb). We appreciate your concern with ths issue.

As you note, the MACT standards adopted in 2000 for small MWC units ( Subpart BBBB) do contain a unique CO emission limit for this type of fluidized bed MWC. We understand that you are simply requesting that the CO limit in the small MWC standards be limits in the large MWC standards. After careful consideration and review, I add your request to the issues to be addressed in the 5 year review of the MACT e MWC units. That review will be initiated next month ( September 2002). As you are aware, any changes made to the MACT standards will go through proposal and public comment prior to adoption. Changes made to the MACT standards would then be incorporated into the Federal plan ( Subpart FFF) for laxge MWC units. .

Again, thank you for your petition. I appreciate the opportunity to be of service and trust the information provided is helpful. If you have further questions, please contact Bob Wayland ( 919 541 1045) or Walt Stevenson ( 919 541 5264).

Sincerely,

Internet Address ( URL) http:// www. epa. gov Recycled/ Recyclable Prlnted with Vegetable 011 Based Inks on Recycled Paper ( Mlnlmum 30% Postconsumer)


[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Notices]
[Pages 20477-20478]
[FR Doc No: 2017-08795]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC17-103-000.
    Applicants: Elgin Energy Center, LLC, Rocky Road Power, LLC, Tilton
Energy LLC.
    Description: Supplement to April 12, 2017 Application of Elgin
Energy Center, LLC, et al. for Approval Pursuant to Section 203 of the
Federal Power Act.
    Filed Date: 4/24/17.
    Accession Number: 20170424-5214.
    Comments Due: 5 p.m. ET 5/4/17.

    Docket Numbers: EC17-108-000.
    Applicants: AltaGas Ltd., WGL Energy Services, Inc.
    Description: Joint Application of AltaGas Ltd. and WGL Energy
Services, Inc. for Authorization of Disposition of Jurisdictional
Assets and Purchase of Securities Under Section 203 of the Federal
Power Act.
    Filed Date: 4/24/17.
    Accession Number: 20170424-5295.
    Comments Due: 5 p.m. ET 5/15/17.

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

    Docket Numbers: ER10-3285-001; ER10-3177-001; ER10-3181-001.
    Applicants: UGI Development Company, UGI Energy Services, LLC, UGI
Utilities, Inc., UGI Utilities Inc.
    Description: Supplement to December 19, 2016 Updated Triennial
Market Power Analysis for Northeast region of the UGI MBR Companies.
    Filed Date: 4/25/17.
    Accession Number: 20170425-5121.
    Comments Due: 5 p.m. ET 6/26/17.

    Docket Numbers: ER16-1967-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance filing per Order issued
1/19/2017 in Docket Nos. EL13-88-001 et al to be effective 8/22/2016.
    Filed Date: 4/24/17.
    Accession Number: 20170424-5285.
    Comments Due: 5 p.m. ET 5/15/17.

    Docket Numbers: ER16-1969-003.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2017-04-24_Addtl compliance filing
to address NIPSCO Complaint Order to be effective 8/22/2016.
    Filed Date: 4/24/17.
    Accession Number: 20170424-5286.
    Comments Due: 5 p.m. ET 5/15/17.

    Docket Numbers: ER17-1465-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Third Revised SA No. 974,
Queue No. AC1-064 to be effective 3/24/2017.
    Filed Date: 4/24/17.
    Accession Number: 20170424-5232.
    Comments Due: 5 p.m. ET 5/15/17.

    Docket Numbers: ER17-1466-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Tri-State NITSA Rev 8 to be
effective 4/1/2017.
    Filed Date: 4/24/17.
    Accession Number: 20170424-5280.
    Comments Due: 5 p.m. ET 5/15/17.

    Docket Numbers: ER17-1467-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Section 205 Filing to Update
Depreciation Rates in Transmission Formula Rate to be effective 7/1/
2016.
    Filed Date: 4/25/17.
    Accession Number: 20170425-5112.
    Comments Due: 5 p.m. ET 5/16/17.

    Docket Numbers: ER17-1468-000.
    Applicants: Unitil Power Corp.
    Description: Unitil Power Corp submits Statement of all billing
transactions under the Amended Unitil System Agreement for the period
January 1, 2016 to December 31, 2016.
    Filed Date: 4/21/17.
    Accession Number: 20170421-5042.
    Comments Due: 5 p.m. ET 5/12/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 25, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-08795 Filed 5-1-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 15011-15013]
[FR Doc No: 2019-07240]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85544; File No. SR-CboeEDGA-2019-005]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Extend the Current Pilot Program Related to EDGA Rule 11.15, Clearly
Erroneous Executions

April 8, 2019.
    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 April 2, 2019, Cboe EDGA Exchange, Inc. (``Exchange'' or ``EDGA'')
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 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 EDGA Exchange, Inc. (``EDGA'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to extend the current pilot program related to
EDGA Rule 11.15, Clearly Erroneous Executions, to the close of business
on October 18, 2019. The text of the proposed rule change is attached
as Exhibit 5. [sic]
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/edga/), 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 purpose of the proposed rule change is to extend the current
pilot program related to EDGA Rule 11.15, Clearly Erroneous Executions,
to the close of business on October 18, 2019. This change is being
proposed in connection with proposed amendments to the Plan to Address
Extraordinary Market Volatility (the ``Limit Up-Limit Down Plan'' or
the ``Plan'') that would allow the Plan to continue to operate on a
permanent basis.\5\
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    \5\ See Securities Exchange Act Release No. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (File No. 4-631)
(``Eighteenth Amendment'').
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    On September 10, 2010, the Commission approved, on a pilot basis,
changes to EDGA Rule 11.15 that, among other things: (i) Provided for
uniform treatment of clearly erroneous[thinsp]execution reviews in
multi-stock events involving twenty or more securities; and (ii)
reduced the ability of the Exchange to deviate from the objective
standards set forth in the rule.\6\ In 2013, the Exchange adopted a
provision designed to address the operation of the Plan.\7\ Finally, in
2014, the Exchange adopted two additional provisions providing that:
(i) A series of transactions in a particular security on one or more
trading days may be viewed as one event if all such transactions were
effected based on the same fundamentally incorrect or grossly
misinterpreted issuance information resulting in a severe valuation
error for all such transactions; and (ii) in the event of any
disruption or malfunction in the operation of the electronic
communications and trading facilities of an Exchange, another SRO, or
responsible single plan processor in connection with the transmittal or
receipt of a trading halt, an Officer, acting on his or her own motion,
shall nullify any transaction that occurs after a trading halt has been
declared by the primary listing market for a security and before such
trading halt has officially ended according to the primary listing
market.\8\ These changes are currently scheduled to operate for a pilot
period that coincides with the pilot period for the Limit Up-Limit Down
Plan,\9\ including any extensions to the pilot period for the Plan.\10\
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    \6\ See Securities Exchange Act Release No. 62886 (Sept. 10,
2010), 75 FR 56613 (Sept. 16, 2010) (SR-EDGA-2010-03).
    \7\ See Securities Exchange Act Release No. 68813 (Feb. 1,
2013), 78 FR 9073 (Feb. 7, 2013) (SR-EDGA-2013-06).
    \8\ See Securities Exchange Act Release No. 72434 (June 19,
2014), 79 FR 36110 (June 25, 2014) (SR-EDGA-2014-11).
    \9\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
    \10\ See Securities Exchange Act Release No. 71808 (March 26,
2014), 79 FR 18355 (April 1, 2014) (SR-EDGA-2014-006).
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    The Commission recently published the proposed Eighteenth Amendment
to the Plan to allow the Plan to operate on a permanent, rather than
pilot, basis. The Exchange proposes to amend EDGA Rule 11.15 to untie
the pilot program's effectiveness from that of the Plan and to extend
the pilot's effectiveness to the close of business on October 18,
2019--i.e., six months after the expiration of the current pilot period
for the Plan. If the pilot period is not either extended, replaced or
approved as permanent, the prior versions of paragraphs (c), (e)(2),
(f), and (g) shall be in effect, and the provisions of paragraphs (i)
through (k) shall be null and void.\11\ In such an

event, the remaining sections of EDGA Rule 11.15 would continue to
apply to all transactions executed on the Exchange. The Exchange
understands that the other national securities exchanges and Financial
Industry Regulatory Authority (``FINRA'') will also file similar
proposals to extend their respective clearly erroneous execution pilot
programs, the substance of which are identical to EDGA Rule 11.15.
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    \11\ See supra notes 6-8. The prior versions of paragraphs (c),
(e)(2), (f), and (g) in effect before the 2010 changes to the rule
generally provided greater discretion to the Exchange with respect
to breaking erroneous trades.
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    The Exchange does not propose any additional changes to EDGA Rule
11.15. The Exchange believes the benefits to market participants from
the more objective clearly erroneous executions rule should continue on
a limited six month pilot basis after Commission approves the Plan to
operate on a permanent basis. Assuming the Plan is approved by the
Commission to operate on a permanent, rather than pilot, basis the
Exchange intends to assess whether additional changes should also be
made to the operation of the clearly erroneous execution rules.
Extending the effectiveness of EDGA Rule 11.15 for an additional six
months should provide the Exchange and other national securities
exchanges additional time to consider further amendments to the clearly
erroneous execution rules in light of the proposed Eighteenth Amendment
to the Plan.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\12\ in general, and
Section 6(b)(5) of the Act,\13\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange believes that the
proposed rule change promotes just and equitable principles of trade in
that it promotes transparency and uniformity across markets concerning
review of transactions as clearly erroneous. The Exchange believes that
extending the clearly erroneous execution pilot under EDGA Rule 11.15
for an additional six months would help assure that the determination
of whether a clearly erroneous trade has occurred will be based on
clear and objective criteria, and that the resolution of the incident
will occur promptly through a transparent process. The proposed rule
change would also help assure consistent results in handling erroneous
trades across the U.S. equities markets, thus furthering fair and
orderly markets, the protection of investors and the public interest.
Based on the foregoing, the Exchange believes the amended clearly
erroneous executions rule should continue to be in effect on a pilot
basis while the Exchange and the other national securities exchanges
consider and develop a permanent proposal for clearly erroneous
execution reviews.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposal would ensure
the continued, uninterrupted operation of harmonized clearly erroneous
execution rules across the U.S. equities markets while the Exchange and
other national securities exchanges consider further amendments to
these rules in light of the proposed Eighteenth Amendment to the Plan.
The Exchange understands that the other national securities exchanges
and FINRA will also file similar proposals to extend their respective
clearly erroneous execution pilot programs. Thus, the proposed rule
change will help to ensure consistency across market centers without
implicating any competitive issues.

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: (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)(iii) of the Act \14\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 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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    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become effective and operative immediately upon filing.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the current clearly erroneous execution pilot program to
continue uninterrupted, without any changes, while the Exchange and the
other national securities exchanges consider and develop a permanent
proposal for clearly erroneous execution reviews. For this reason, the
Commission hereby waives the 30-day operative delay and designates the
proposed rule change as operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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 should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeEDGA-2019-005 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-CboeEDGA-2019-005. 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-CboeEDGA-2019-005 and should be
submitted on or before May 3, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-07240 Filed 4-11-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25365-25366]
[FR Doc No: 2018-11618]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 200 and 201

[Release No. 34-83325]

Technical Amendments to Rules of Practice and Rules of
Organization; Conduct and Ethics; and Information and Requests

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical amendments.

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SUMMARY: The Securities and Exchange Commission (``SEC'' or
``Commission'') is making technical amendments to certain rules of
organization and rules of practice to indicate that Commission
materials will no longer be compiled and published as the ``SEC
Docket'' (``SEC Docket'' or ``Docket''), but will continue to be
available on the SEC public website.

DATES: Effective Date: June 1, 2018.

FOR FURTHER INFORMATION CONTACT: Hannah Riedel, Senior Counsel, (202)
551-5150, Office of the General Counsel, Securities and Exchange
Commission or J. Lynn Taylor, Assistant Secretary,<PHONE_NUMBER>,
Office of the Secretary, 100 F Street NE, Washington, DC 20549-9150.

SUPPLEMENTARY INFORMATION:

I. Background

    In 1972, the Commission began compiling and publishing Commission
orders and rulemaking releases in an SEC Docket for weekly
dissemination to the public. The Commission has determined that
publishing the SEC Docket is no longer a cost-efficient way to
disseminate information to the public because all materials appearing
in the SEC Docket have already been posted upon release on the SEC
public website at www.sec.gov.
    In 2013, facing increases in publication costs and dwindling
subscription numbers, the Commission began publishing the Docket
electronically on the SEC website. Producing and posting the SEC Docket
electronically continues to require significant staff resources. The
Office of the Secretary estimates that approximately 600 staff hours
are expended annually to prepare the Docket. Moreover, with Docket
materials already posted elsewhere on the website several weeks before
the Docket is completed and published, the Docket generally receives
less than 0.01% of all SEC website traffic.
    Accordingly, the Commission plans to immediately discontinue
publication of the SEC Docket but to continue posting these materials
on the SEC website in real time. In light of this change, the
Commission is adopting technical amendments to Title 17, Chapter II of
the Code of Federal Regulations to eliminate references to the SEC
Docket and, where appropriate, replace references to the SEC Docket
with references to the SEC website.

II. Administrative Law Matters

    The Commission finds, in accordance with the Administrative
Procedure Act (``APA''), that these revisions relate solely to agency
organization, procedures, or practice and do not constitute a
substantive rule. Accordingly, the APA's provisions regarding notice of
rulemaking, opportunity for public comment, and advance publication of
the amendments are not applicable.\1\ For the same reason, and because
these amendments do not affect the rights or obligations of non-agency
parties, the provisions of the Small Business Regulatory Enforcement
Fairness Act are not applicable.\2\ Additionally, the provisions of the
Regulatory Flexibility Act, which apply only when notice and comment
are required by the APA or other law, are not applicable.\3\ These
amendments do not contain any collection of information requirements as
defined by the Paperwork Reduction Act of 1995.\4\ Further, because the
amendments impose no new burdens on private parties, the Commission
does not believe that the amendments will have any impact on
competition for purposes of Section 23(a)(2) of the Exchange Act.\5\
---------------------------------------------------------------------------

    \1\ 5 U.S.C. 553.
    \2\ 5 U.S.C. 804(3)(C).
    \3\ 5 U.S.C. 601 et seq.
    \4\ 44 U.S.C. 3501 et. seq.
    \5\ 15 U.S.C. 78w.

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

III. Statutory Authority

    These technical amendments are adopted pursuant to statutory
authority granted to the Commission under Section 23(a) of the Exchange
Act.

List of Subjects in 17 CFR Parts 200 and 201

    Administrative practice and procedure.

Text of Amendments

    For the reasons set out above, the Commission is amending Title 17,
Chapter II of the Code of Federal Regulations as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS

Subpart D--Information and Requests

0
1. The authority citation for Part 200, Subpart D, continues to read in
part as follows:

    Authority:  5 U.S.C. 552, as amended, 15 U.S.C. 77f(d), 77s,
77ggg(a), 77sss, 78m(F)(3), 78w, 80a-37, 80a-44(a), 80a-44(b), 80b-
10(a), and 80b-11, unless otherwise noted.
* * * * *

0
2. Section 200.80 is amended by revising paragraphs (a)(2) introductory
text, (c)(1)(ii), and (e)(8)(ii) to read as follows:

Sec.  200.80  Commission records and information.

    (a) * * *
    (2) Records available for public inspection and copying; documents
published and indexed. Except as provided in paragraph (b) of this
section, the following materials are available for public inspection
and copying from 10 a.m. to 3 p.m., E.T., at the public reference room
located at 100 F Street NE, Washington, DC.
* * * * *
    (c)(1) * * *
    (ii) All regional offices of the Commission have available for
public examination the materials set forth in paragraph (a)(2) of this
section and the SEC News Digest and other SEC publications. Blank forms
as well as other general information about the operations of the
Commission described in paragraph (a)(1) of this section may also be
available at particular regional offices.
* * * * *
    (e) * * *
    (8) * * *
    (ii) The Commission publishes daily the SEC News Digest, which
summarizes the releases published by the Commission each day, contains
Commission announcements, and lists certain filings with the
Commission.
* * * * *

0
3. Section 200.80b is revised to read as follows:

Sec.  200.80b  Appendix B--SEC releases.

    Free mailing list distribution of releases has been discontinued by
the Commission because of rising costs and staff limitations. However,
the texts of all releases under the various Acts, the corporate
reorganization releases, and the litigation releases are available on
the SEC website. Statistical series releases are contained in the SEC
Monthly Statistical Review, which may be purchased through the
Superintendent of Documents as described in Sec.  200.80c.

PART 201--RULES OF PRACTICE

Subpart D--Rules of Practice

0
4. The authority citation for Part 201, Subpart D, continues to read as
follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77h-1, 77j, 77s, 77u,
77sss, 77ttt, 78c(b), 78d-1, 78d-2, 78l, 78m, 78n, 78o(d), 78o-3,
78s, 78u-2, 78u-3, 78v, 78w, 80a-8, 80a-9, 80a-37, 80a-38, 80a-39,
80a-40, 80a-41, 80a-44, 80b-3, 80b-9, 80b-11, 80b-12, 7202, 7215,
and 7217.

0
5. Section 201.360 is amended by revising paragraphs (c) and (d)(2) to
read as follows:

Sec.  201.360.  Initial decision of hearing officer and timing of
hearing.

* * * * *
    (c) Filing, service and publication. The Secretary shall promptly
serve the initial decision upon the parties and shall promptly publish
notice of the filing thereof on the SEC website; provided, however,
that in nonpublic proceedings no notice shall be published unless the
Commission otherwise directs.
    (d) * * *
    (2) If a party or aggrieved person entitled to review fails to file
timely a petition for review or a motion to correct a manifest error of
fact in the initial decision, and if the Commission does not order
review of a decision on its own initiative, the Commission will issue
an order that the decision has become final as to that party. The
decision becomes final upon issuance of the order. The order of
finality shall state the date on which sanctions, if any, take effect.
Notice of the order shall be published on the SEC website.

Subpart F--Fair Fund and Disgorgement Plans

0
6. The authority citation for Part 201, Subpart F, continues to read as
follows:

    Authority:  15 U.S.C. 77h-1, 77s, 77u, 78c(b), 78d-1, 78d-2,
78u-2, 78u-3, 78v, 78w, 80a-9, 80a-37, 80a-39, 80a-40, 80b-3, 80b-
11, 80b-12, and 7246.

0
7. Section 201.1103 is revised to read as follows:

Sec.  201.1103  Notice of proposed plan and opportunity for comment by
non-parties.

    Notice of a proposed plan of disgorgement or a proposed Fair Fund
plan shall be published on the SEC website and in such other
publications as the Commission or the hearing officer may require. The
notice shall specify how copies of the proposed plan may be obtained
and shall state that persons desiring to comment on the proposed plan
may submit their views, in writing, to the Commission.

    By the Commission.

    Dated: May 24, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-11618 Filed 5-31-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8440-8443]
[FR Doc No: 2021-02408]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91036; File No. SR-NYSECHX-2021-01]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing of Proposed Rule Change To Amend Its Fee Schedule Related to Co-
Location Services

February 1, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 19, 2021, the NYSE Chicago, Inc. (``NYSE
Chicago'' or the ``Exchange'') 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
self-regulatory organization. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Fee Schedule (the ``Fee
Schedule'') related to co-location services to add two Partial Cabinet
Solution bundles. The proposed change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule related to co-
location \4\ services to add two Partial Cabinet Solution (``PCS'')
bundles that would be offered to Users.\5\
---------------------------------------------------------------------------

    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in 2019. See Securities Exchange Act Release No.
87408 (October 28, 2019), 84 FR 58778 (November 1, 2019) (SR-
NYSECHX-2019-12) (``NYSE Chicago Co-location Notice'').
    \5\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See id., supra note 4,
at 58778 n.6. As specified in the Fee Schedule, a User that incurs
co-location fees for a particular co-location service pursuant
thereto would not be subject to co-location fees for the same co-
location service charged by the Exchange's affiliates New York Stock
Exchange LLC (``NYSE''), NYSE American LLC, NYSE Arca, Inc., and
NYSE National, Inc. (together, the ``Affiliate SROs''). See id. at
58779. Each Affiliate SRO has submitted substantially the same
proposed rule change to propose the changes described herein. See
SR-NYSE-2021-05, SR-NYSEAMER-2021-04, SR-NYSEArca-2021-07, and SR-
NYSENAT-2021-01.
---------------------------------------------------------------------------

Proposed Addition of Option E and Option F PCS Bundles
    The Fee Schedule currently lists four PCS bundles, Options A
through D. As originally formulated, each PCS bundle option included a
partial cabinet powered to a maximum of 2 kilowatts (``kW''); access to
the liquidity center network (``LCN'') and internet protocol (``IP'')
networks, the local area networks available in the data center; two
fiber cross connections; and connectivity to one of two time feeds.\6\
The PCS bundles are designed to attract smaller Users, including those
with minimal power or cabinet space demands or those for which the
costs attendant with having a dedicated cabinet are too burdensome.\7\
Users are only eligible to purchase PCS bundles if they meet specified
requirements, set forth in General Note 2 of the Fee Schedule.\8\
---------------------------------------------------------------------------

    \6\ See id. at 58779-80.
    \7\ See id.
    \8\ See id. The definitions of ``Affiliate'' and ``Aggregate
Cabinet Footprint'' were added to the Fee Schedule at the same time.
---------------------------------------------------------------------------

    In May 2020, the Exchange amended PCS bundle Options C and D to
each include two 10 Gb connections to the NMS Network, an alternate
dedicated network connection that Users could use to access the NMS
feeds for which the Securities Industry Automation Corporation
(``SIAC'') is engaged as the securities information processor
(``SIP'').\9\ These two 10 Gb NMS Network connections were added to the
Option C and D bundles at no additional cost.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release Nos. 88837 (May 7,
2020), 85 FR 28671 (May 13, 2020) (SR-NYSE-2019-46, SR-NYSEAMER-
2019-34, SR-NYSEArca-2019-61, SR-NYSENAT-2019-19) (``NMS Network
Approval Order'') and 88972 (May 29, 2020), 85 FR 34472 (June 4,
2020) (``NYSE Chicago NMS Network Approval Order'').
---------------------------------------------------------------------------

    In response to customer interest, the Exchange now proposes to add
two new PCS bundles to the Fee Schedule. Proposed Options E and F would
be substantially similar to Options C and D, respectively, with the
difference that each connection included in the proposed bundles would
be upgraded to 40 Gb from 10 Gb: That is, proposed Options E and F
would include a 1 kw (Option E) or 2 kw (Option F) partial cabinet, one
40 Gb LCN connection, one 40 Gb IP network connection, two 40 Gb NMS
Network connections, and either the Network Time Protocol Feed or the
Precision Timing Protocol. Users selecting an Option E or F bundle
would be charged the same initial charge of $10,000 that currently
applies to Options C and D. In addition, Users would be charged monthly
recurring charges (``MRC'') of $18,000 for an Option E bundle and
$19,000 for an Option F bundle. The Exchange proposes that Users that
purchase Option E or F bundles on or before December 31, 2021 would
receive a 50% reduction in the MRC for the first 12 months.
    The amended portion of the Fee Schedule would read as follows
(proposed additions italicized):

------------------------------------------------------------------------
       Type of service             Description        Amount of charge
------------------------------------------------------------------------
Partial Cabinet Solution      Option E: 1 kW        $10,000 initial
 bundles                       partial cabinet, 1    charge per bundle
Note: A User and its           LCN connection (40    plus monthly charge
 Affiliates are limited to     Gb), 1 IP network     per bundle as
 one Partial Cabinet           connection (40 Gb),   follows:
 Solution bundle at a time.    2 NMS Network         For Users
 A User and its Affiliates     connections (40 Gb    that order on or
 must have an Aggregate        each), 2 fiber        before December 31,
 Cabinet Footprint of 2 kW     cross connections     2021: $9,000
 or less to qualify for a      and either the        monthly for first
 Partial Cabinet Solution      Network Time          12 months of
 bundle. See Note 2 under      Protocol Feed or      service, and
 ``General Notes.''.           Precision Timing      $18,000 monthly
                               Protocol.             thereafter.
                                                     For Users
                                                     that order after
                                                     December 31, 2021:
                                                     $18,000 monthly.

                              Option F: 2 kW        $10,000 initial
                               partial cabinet, 1    charge per bundle
                               LCN connection (40    plus monthly charge
                               Gb), 1 IP network     per bundle as
                               connection (40 Gb),   follows:
                               2 NMS Network         For Users
                               connections (40 Gb    that order on or
                               each), 2 fiber        before December 31,
                               cross connections     2021: $9,500
                               and either the        monthly for first
                               Network Time          12 months of
                               Protocol Feed or      service, and
                               Precision Timing      $19,000 monthly
                               Protocol.             thereafter.
                                                     For Users
                                                     that order after
                                                     December 31, 2021:
                                                     $19,000 monthly.
------------------------------------------------------------------------

    The Exchange proposes that General Note 2 of the Fee Schedule--
which currently applies to PCS bundle Options A through D--would also
apply to proposed Option E and F bundles, without alteration.
Specifically, a User and its Affiliates would be limited to one PCS
bundle at a time, and a User and its Affiliates must have an Aggregate
Cabinet Footprint of 2 kW or less to qualify for a PCS bundle.
    The Exchange is not proposing any changes to PCS bundle Options A
through D.
Application and Impact of the Proposed Changes
    The proposed changes would not apply differently to distinct types
or sizes of market participants. Rather, they would apply to all Users
equally.
    Users that require other sizes or combinations of cabinets, network
connections, and cross connects could still request them. As is
currently the case, the purchase of any co-location service, including
PCS bundles, is completely voluntary and the Fee Schedule is applied
uniformly to all Users.
Competitive Environment
    A User may host another entity in its space within the data center.
Such Users are called ``Hosting Users,'' and their customers are
``Hosted Customers.'' \10\
---------------------------------------------------------------------------

    \10\ A Hosting User is required to be a User, but because only
Users can be Hosting Users, a Hosted Customer is not able to provide
hosting services to any other entities in the space in which it is
hosted. The Exchange allows Users to act as Hosting Users for a
monthly fee. See NYSE Chicago Co-location Notice, supra note 4, at
58782-83.
---------------------------------------------------------------------------

    Based on conversations with Users and potential customers, the
Exchange believes that Hosting Users offer bundles (``Hosting User
Bundles'') that include cabinet space and space on shared LCN, IP, and
NMS network connections, and that the Hosting User Bundles provide
their end users with a service similar to that of the PCS bundles.\11\
---------------------------------------------------------------------------

    \11\ Because Hosting Users' services are not regulated, they may
offer differentiated pricing and are not required to make their
pricing public or disclose it to the Exchange. The Exchange
therefore does not have direct visibility into the specific range of
options, or cost thereof, offered by Hosting Users, and relies on
third parties for information.
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market in which
exchanges and other vendors (e.g., Hosting Users) offer co-location
services as a means to facilitate the trading and other market
activities of those market participants who believe that co-location
enhances the efficiency of their operations. The Commission has
repeatedly expressed its preference for competition over regulatory
intervention in determining prices, products, and services in the
securities markets. Specifically, in Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \12\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    The proposed changes are not otherwise intended to address any
other issues relating to co-location services and/or related fees, and
the Exchange is not aware of any problems that Users would have in
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\14\ in particular, because it
is 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
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange further believes
that the proposed rule change is consistent with Section 6(b)(4) of the
Act,\15\ because it provides for the equitable allocation of reasonable
dues, fees, and other charges among its members and issuers and other
persons using its facilities and does not unfairly discriminate between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

The Proposed Change Is Reasonable
    The Exchange believes that the proposed rule change is reasonable
and would perfect the mechanisms of a free and open market and a
national market system and, in general, protect investors and the
public interest, for the following reasons.
    The Exchange believes that it is reasonable to expand its PCS
bundle options by offering the proposed Option E and F bundles.
Currently, the Exchange offers Users the ability to purchase
connectivity to the LCN/NMS and IP/NMS networks in 10 Gb and 40 Gb
bandwidths, but within the Exchange's existing PCS bundle options, 40
Gb connections are not available. This means that at present, Users
interested in the PCS bundled services--either because they have
minimal power and cabinet space demands or because the costs attendant
with having a dedicated cabinet are too burdensome--cannot access 40 Gb
connections and are limited to the 10 Gb connections offered as part of
the Option C and D bundles. Users and potential customers have
requested that the Exchange provide them the opportunity to purchase
PCS bundles that include 40 Gb connections, which would enable them to
connect to more of the Included Data Products and Third Party Data
Feeds or have the same size connection in co-location that they have
everywhere. The Exchange believes that it is reasonable to offer the
proposed Option E and F bundles to satisfy this customer demand, while
continuing to offer the existing bundle offerings, in order to provide
potential Users of the PCS bundled services an additional 40

Gb option for their network connection requirements.
    Additionally, the Exchange believes that the proposed change may
make PCS bundles more competitive with the services that Hosting Users
offer. Without this proposed rule change, potential Users choosing
between a PCS bundle and a Hosting User Bundle would have fewer
options.
    The Exchange believes that the proposed charges for the Option E
and F bundles are reasonable. The Exchange proposes that Users choosing
the Option E or F bundles would pay the same $10,000 initial charge
that Users currently pay when choosing the Option C or D bundles, which
reflects the fact that setting up each of these four cabinet options
involves a similar amount of work for the Exchange. It is also
reasonable for the Exchange to set MRC charges of $18,000 for an Option
E bundle (a $4,000 increase over Option C) and $19,000 for an Option F
bundle (a $4,000 increase over Option D) which reflects the fact that
the Exchange will have to supply multiple 40 Gb connections in the
Option E and F bundles, as opposed to the 10 Gb connections included in
the Option C and D bundles.
    The Exchange believes that it is reasonable to provide a period of
eligibility for a 50% MRC reduction as an incentive to Users to utilize
the Option E and F bundles. Similar 50% MRC reductions were proposed
and approved for Options A through D when those product offerings were
added to the Fee Schedule.
The Proposed Change Is Not Unfairly Discriminatory
    The Exchange believes its proposal is not unfairly discriminatory.
The proposed change would not apply differently to distinct types or
sizes of market participants. Rather, it would apply to all Users
equally. The Exchange would continue to offer the four existing PCS
bundles (Options A through D) with different cabinet footprints and
network connection options, in addition to the proposed Option E and F
bundles. Users that require other sizes or combinations of cabinets,
network connections, and cross connects could still request them. As is
currently the case, the purchase of any co-location service, including
PCS bundles, would be completely voluntary.
    The Exchange believes that the proposed charges for Option E and F
bundles are not unfairly discriminatory. The proposed initial charges
and MRCs for Options E and F would apply equally to all Users that
purchase an Option E or F bundle, and the proposed 50% reduction of MRC
for the first 12 months would apply to any User that orders an Option E
or F bundle on or before December 31, 2021.
The Proposed Change Is an Equitable Allocation of Fees and Credits
    The Exchange believes that its proposal equitably allocates its
fees among its market participants.
    The proposed change would not apply differently to distinct types
or sizes of market participants. Rather, it would apply to all Users
equally. Specifically, the proposed initial charges and MRCs for
Options E and F would apply equally to all Users that purchase an
Option E or F bundle, and the proposed 50% reduction of MRC for the
first 12 months would apply to any User that orders an Option E or F
bundle on or before December 31, 2021. The Exchange would continue to
offer the four existing PCS bundles (Options A through D) with
different cabinet footprints and network connection options, in
addition to the proposed Option E and F bundles. Users that require
other sizes or combinations of cabinets, network connections, and cross
connects could still request them. As is currently the case, the
purchase of any co-location service, including PCS bundles, would be
completely voluntary.
    Without this proposed rule change, potential Users choosing between
a PCS bundle and a Hosting User Bundle would have fewer options.
Potential Users could benefit from having an additional 40 Gb option
for their network connection requirements, which would allow them to
connect to more of the Included Data Products and Third Party Data
Feeds or have the same size connection in co-location that they have
elsewhere.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the reasons above, the proposed changes do not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms, and conditions established from time to time by the Exchange.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    The Exchange believes that the proposal will not impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of Section 6(b)(8) of the Act.\16\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

Intramarket Competition
    The Exchange believes that the proposed changes would not place any
burden on intramarket competition that is not necessary or appropriate.
    The Exchange's offering of the proposed Option E and F bundles
would provide potential Users of PCS bundles a wider range of choices,
which would be especially beneficial for potential Users with minimal
power and cabinet space demands, but which could nevertheless benefit
from an additional 40 Gb option for their network connection
requirements. The Exchange believes that the proposed change may make
PCS bundles more attractive to potential Users who might otherwise opt
to become Hosted Customers, and thus would enhance the competitive
environment for potential Users, who would then have more options from
which to select. At the same time, however, no potential User would be
obligated to purchase a PCS bundle, and it would still have the options
offered by Hosting Users.
Intermarket Competition
    The Exchange believes that the proposed changes will not impose any
burden on intermarket competition that is not necessary or appropriate.
The proposed change is not meant to affect competition among national
securities exchanges. Rather, the Exchange believes that the proposed
change is a reasonable attempt to maintain a more level playing field
between the Exchange and the Hosting Users, who compete for Hosted
Customer business. Because Hosting Users' services are not regulated,
they may offer differentiated pricing and are not required to make
their pricing public. The Exchange believes that the proposed change
may make PCS bundles more attractive to potential users who might
otherwise opt to become Hosted Customers.
    The Exchange operates in a highly competitive market in which
exchanges and other vendors (i.e., Hosting Users) offer co-location
services as a means to facilitate the trading and other market
activities of those market participants who believe that co-location
enhances the efficiency of their operations. Accordingly, fees charged
for co-location services are constrained by the active competition for
the order flow of, and other business from, such market participants.
If a particular exchange charges excessive fees for co-location

services, affected market participants will opt to terminate their co-
location arrangements with that exchange, and adopt a possible range of
alternative strategies, including placing their servers in a physically
proximate location outside the exchange's data center (which could be a
competing exchange), or pursuing strategies less dependent upon the
lower exchange-to-participant latency associated with co-location.
Accordingly, an exchange charging excessive fees would stand to lose
not only co-location revenues but also the liquidity of the formerly
co-located trading firms, which could have additional follow-on effects
on the market share and revenue of the affected exchange. In such an
environment, the Exchange must continually review, and consider
adjusting, its services and related fees and credits to remain
competitive with other exchanges.
    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining price,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognizing
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \17\
---------------------------------------------------------------------------

    \17\ See Regulation NMS Adopting Release, supra note 12, at
37499.
---------------------------------------------------------------------------

    For these reasons, the Exchange believes that the proposed rule
change reflects this competitive environment and does not impose any
undue burden on intermarket competition.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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-NYSECHX-2021-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSECHX-2021-01. 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-NYSECHX-2021-01 and should be submitted
on or before February 26, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02408 Filed 2-4-21; 8:45 am]
BILLING CODE 8011-01-P