Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 427 

(Feb. 2, 2018), 83 FR 5650, 5653 n.53 (Feb. 8, 2018) 

(SRNYSE–2017–30) (‘‘NYSE 2018 Order’’); 81856 

(Oct. 11, 2017), 82 FR 48296, 48298 (Oct. 17, 2017) 

(SR–NYSE–2017–31); 81079 (July 5, 2017), 82 FR 

32022, 32023 (July 11, 2017) (SR–NYSE–2017–11). 

The Commission has stated that adequate listing 

standards, by promoting fair and orderly markets, 

are consistent with Section 6(b)(5) of the Exchange 

Act, in that they are, among other things, designed 

to prevent fraudulent and manipulative acts and 

practices, promote just and equitable principles of 

trade, and protect investors and the public interest. 

See, e.g., NYSE 2020 Order, 85 FR at 85811 n.55; 

NYSE 2018 Order, 83 FR at 5653 n.53; Securities 

Exchange Act Release Nos. 87648 (Dec. 3, 2019), 84 

FR 67308, 67314 n.42 (Dec. 9, 2019) (SR–NASDAQ– 

2019–059); 88716 (Apr. 21, 2020), 85 FR 23393, 

23395 n.22 (Apr. 27, 2020) (SR–NASDAQ–2020– 

001). 

28 17 CFR 201.700(b)(3). 

29See id. 

30See id. 

31 17 CFR 240.19b–4. 

32Section 19(b)(2) of the Act, as amended by the 

Securities Acts Amendments of 1975, Public Law 

94–29 (Jun. 4, 1975), grants to the Commission 

flexibility to determine what type of proceeding— 

either oral or notice and opportunity for written 

comments—is appropriate for consideration of a 

particular proposal by a self-regulatory 

organization. See Securities Acts Amendments of 

1975, Senate Comm. on Banking, Housing & Urban 

Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 

(1975). 33 17 CFR 200.30–3(a)(57). 

proposed rule change, shares subject to 

resale restrictions (‘‘Restricted 

Securities’’) are counted in the 

calculations of the company’s publicly 

held shares, market value of publicly 

held shares, and round lot holder. The 

Commission believes that a company’s 

publicly held shares, market value of 

publicly held shares, and the number of 

round lot holders are indicators of the 

liquidity of its shares. To the extent 

Restricted Securities are counted when 

calculating a company’s publicly held 

shares, market value of publicly held 

shares, and round lot holders, the 

company’s shares could be less liquid, 

potentially making them more 

susceptible to price manipulation. 

Under the Commission’s Rules of 

Practice, the ‘‘burden to demonstrate 

that a proposed rule change is 

consistent with the [Exchange Act] and 

the rules and regulations issued 

thereunder . . . is on the [SRO] that 

proposed the rule change.’’ 28 The 

description of a proposed rule change, 

its purpose and operation, its effect, and 

a legal analysis of its consistency with 

applicable requirements must all be 

sufficiently detailed and specific to 

support an affirmative Commission 

finding,29 and any failure of an SRO to 

provide this information may result in 

the Commission not having a sufficient 

basis to make an affirmative finding that 

a proposed rule change is consistent 

with the Exchange Act and the 

applicable rules and regulations.30 The 

Commission is instituting proceedings 

to allow for additional consideration 

and comment on the issues raised 

herein. 

III. Procedure: Request for Written 

Comments 

The Commission requests that 

interested persons provide written 

submissions of their data, views, and 

arguments with respect to the issues 

identified above, as well as any other 

concerns they may have with the 

proposal. In particular, the Commission 

invites the written views of interested 

persons concerning whether the 

proposed rule change is consistent with 

the Exchange Act and the rules and 

regulations thereunder. 

Although there do not appear to be 

any issues relevant to approval or 

disapproval that would be facilitated by 

an oral presentation of data, views, and 

arguments, the Commission will 

consider, pursuant to Rule 19b–4 under 

the Act,31 any request for an 

opportunity to make an oral 

presentation.32

Interested persons are invited to 

submit written data, views, and 

arguments regarding whether the 

proposed rule change should be 

approved or disapproved by January 24, 

2024. Any person who wishes to file a 

rebuttal to any other person’s 

submission must file that rebuttal by 

February 7, 2024. 

Comments may be submitted by any 

of the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

CboeBZX–2023–063 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to file 

number SR–CboeBZX–2023–063. This 

file number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (https://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. Do not include personal 

identifiable information in submissions; 

you should submit only information 

that you wish to make available 

publicly. We may redact in part or 

withhold entirely from publication 

submitted material that is obscene or 

subject to copyright protection. All 

submissions should refer to file number 

SR–CboeBZX–2023–063 and Should be 

submitted by January 24, 2024. Rebuttal 

comments should be submitted by 

February 7, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.33

Christina Z. Milnor, 

Assistant Secretary. 

[FR Doc. 2023–28868 Filed 1–2–24; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2023–1114] 

Agency Information Collection 

Activities: Requests for Comments; 

Clearance of Renewed Approval of 

Information Collection: Noise 

Certification Standards for Subsonic 

Jet Airplanes and Subsonic Transport 

Category Large Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, FAA 

invites public comments about our 

intention to request the Office of 

Management and Budget (OMB) 

approval to renew an information 

collection. The Federal Register Notice 

with a 60-day comment period soliciting 

comments on the following collection of 

information was published on May 8, 

2023. 

DATES: Written comments should be 

submitted by February 2, 2024. 


ddrumheller on DSK120RN23PROD with NOTICES1
428 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Notices 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Sandy Liu by email at: sandy.liu@

faa.gov; phone: 202–267–4748. 

SUPPLEMENTARY INFORMATION: The 

collection involves the noise 

certification regulations of 14 CFR part 

36 for aircraft. This includes 

information collection requirements for 

the noise certification of subsonic 

aircraft—jet airplanes and subsonic 

transport category large airplanes, small 

propeller driven airplanes and 

rotorcraft. The information collected are 

the results of noise certification tests 

that demonstrate compliance with 14 

CFR part 36. The original information 

collection was implemented to show 

compliance in accordance with the 

Aircraft Noise Abatement Act of 1968; 

that statute is now part of the overall 

codification of the FAA’s regulatory 

authority over aircraft noise in 49 U.S.C. 

44715. The noise compliance report is 

used by the FAA in making a finding 

that the airplane is in noise compliance 

with the regulations. These compliance 

reports are required only once when an 

applicant wants to certificate an aircraft 

type. Without this data collection, the 

FAA would be unable to make the 

required noise certification compliance 

finding. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

Whether the proposed collection of 

information is necessary for FAA’s 

performance; (b) the accuracy of the 

estimated burden; (c) ways for FAA to 

enhance the quality, utility and clarity 

of the information collection; and (d) 

ways that the burden could be 

minimized without reducing the quality 

of the collected information. 

OMB Control Number: 2120–0659. 

Title: Noise Certification Standards 

for Subsonic Jet Airplanes and Subsonic 

Transport Category Large Airplanes. 

Form Numbers: None. 

Type of Review: Renewal of an 

information collection. 

Background: The Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on May 8, 2023 (FR 29801). The aircraft 

noise information collected are the 

results of noise certification tests that 

demonstrate compliance with 14 CFR 

part 36. The original information 

collection was implemented to show 

compliance in accordance with the 

Aircraft Noise Abatement Act of 1968; 

that statute is now part of the overall 

codification of the FAA’s regulatory 

authority over aircraft noise in 49 U.S.C. 

44715. For this renewal, the FAA 

proposes to maintain this PRA 

collection at 14 total noise certification 

projects per year. Each applicant’s 

collected information is incorporated 

into a noise compliance report that is 

provided to and approved by the FAA. 

The noise compliance report is used by 

the FAA in making a finding that the 

airplane is in noise compliance with the 

regulations. These compliance reports 

are required only once when an 

applicant wants to certificate an aircraft 

type. Without this data collection, the 

FAA would be unable to make the 

required noise certification compliance 

finding. 

Respondents: Aircraft manufacturer/ 

applicant seeking type certification; 

Frequency: Estimated 15 total 

applicants per year; 

Estimated Average Burden per 

Response: Estimated 200 hours per 

applicant for the compliance report; 

Estimated Total Annual Burden: 

$20,160 per applicant or cumulative 

total $302,400 per year for 15 

applicants. 

Issued in Washington, DC, on December 

28, 2023. 

Sandy Liu, 

Engineer, Office of Environment and Energy, 

Noise Division (AEE–100). 

[FR Doc. 2023–28897 Filed 1–2–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No.: FAA–2022–0547; Summary 

Notice No.–2023–48] 

Petition for Exemption; Summary of 

Petition Received; Equinox Innovative 

Systems 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice; extension of comment 

period. 

SUMMARY: On December 14, 2023, the 

Federal Aviation Administration (FAA) 

published a notice in the Federal 

Register containing a summary of a 

petition from Equinox Innovative 

Systems seeking relief from specified 

requirements of Federal Aviation 

Regulations. The FAA is extending the 

comment period for this petition for 

exemption to allow commenters 

additional time to analyze the petition 

and prepare a response. 

DATES: The comment period for the 

notice published December 14, 2023 at 

88 FR 86718 and scheduled to close on 

January 3, 2024, is extended until 

January 10, 2024. Comments on this 

petition must identify the petition 

docket number. 

ADDRESSES: Send comments identified 

by docket number FAA–2022–0547 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

https://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at https://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

https://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Kem at (202) 267–7571, 

Office of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 


ddrumheller on DSK120RN23PROD with NOTICES1