38788 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

73 17 CFR 200.30–3(a)(12). 

and would be made permanent without 

any changes. Moreover, because the 

MWCB mechanism contained in the 

Pilot Rules requires all exchanges and 

all market participants to cease trading 

at the same time, making the Pilot Rules 

permanent would not provide a 

competitive advantage to any exchange 

or any class of market participants. 

Further, the Exchange understands 

that upon approval of this proposal, the 

other SROs will submit substantively 

identical proposals to the Commission. 

Thus, the proposed rule change will 

help to ensure consistency across SROs 

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 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. In 

addition, the Commission specifically 

requests comment on the proposed 

requirements for MWCB testing. The 

Exchange proposes to require 

Designated Market Makers and 

Supplemental Liquidity Providers that 

have been determined by the Exchange 

to contribute a meaningful percentage of 

the Exchange’s overall volume, 

measured on a quarterly or monthly 

basis, will be required to participate in 

MWCB testing, though the Exchange 

may consider other factors in 

determining the member organizations 

that will be required to participate in 

testing. These market participants 

would be required to participate in at 

least one MWCB test each year and 

attest that they can send and receive 

MWCB halt and resume messages, as 

well as receive and process market data 

from the SIPs relevant to MWCBs and 

send orders following a MWCB Level 1 

or Level 2 event. The Commission notes 

that the proposed testing requirement is 

designed to assess whether the MWCB 

infrastructure works as designed. The 

proposed testing requirement, however, 

does not contemplate an ongoing 

assessment of whether the MWCB 

design (e.g., trigger thresholds, 

measurement criteria, time of day 

application) remains appropriate over 

time, as the market structure evolves, 

and under various threat scenarios. Do 

commenters believe that an ongoing 

assessment of the MWCB design should 

be conducted? If so, how could such an 

assessment meaningfully be conducted 

(e.g., tabletop exercises), understanding 

that it is difficult to replicate or forecast 

how market participant would behave 

during an actual MWCB event? Are 

commenters aware of ongoing 

assessment methods in other contexts 

(e.g., cybersecurity) that could inform 

how an ongoing assessment of the 

MWCB could be structured? How 

frequently should such an assessment 

be done? 

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 rule-comments@

sec.gov. Please include File Number SR– 

NYSE–2021–40 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–NYSE–2021–40. 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–NYSE–2021–40 and should 

be submitted on or before August 12, 

2021. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.73

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–15548 Filed 7–21–21; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 11470] 

Advisory Committee on Historical 

Diplomatic Documentation—Notice of 

Virtual Open Meeting 

The Advisory Committee on 

Historical Diplomatic Documentation 

will meet on August 30, 2021 in a 

virtual open session to discuss the 

status of the production of the Foreign 

Relations series and any other matters of 

concern to the Committee. 

The Committee will meet in open 

session from 10:00 a.m. until noon 

through a virtual platform TBD. 

Members of the public planning to 

attend the virtual meeting should RSVP 

to Julie Fort at FortJL@state.gov. RSVP 

and requests for reasonable 

accommodation should be sent not later 

than August 13, 2021. The platform type 

and instructions on how to join the 

virtual meeting will be provided upon 

receipt of RSVP. Note that requests for 

reasonable accommodation received 

after August 13 will be considered but 

might not be possible to fulfill. 

Questions concerning the meeting 

should be directed to Adam M. Howard, 

Executive Secretary, Advisory 

Committee on Historical Diplomatic 

Documentation, Department of State, 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38789 

1See FRA Docket Nos. FRA–2019–0066 (Amtrak) 

and FRA–2019–0068 (Texas Central Railroad); see 

also 85 FR 69700 (Nov. 3, 2020). Both FRA dockets 

are available for review on www.regulations.gov. 

2 Id. 

Office of the Historian, Washington, DC 

20372, history@state.gov. 

Adam M. Howard, 

Executive Secretary, Advisory Committee on 

Historical, Diplomatic Documentation. 

[FR Doc. 2021–15558 Filed 7–21–21; 8:45 am] 

BILLING CODE 4710–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2021–0069] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on May 28, 2021, Dallas Area Rapid 

Transit (DART) petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR parts 

229 (Railroad Locomotive Safety 

Standards), 231 (Railroad Safety 

Appliance Standards), and 238 

(Passenger Equipment Safety 

Standards), and an exemption from 

certain requirements of chapter 203, 

title 49 of the United States Code 

(U.S.C.). FRA assigned the petition 

Docket Number FRA–2021–0069. 

Specifically, DART requests special 

approval for certain design elements of 

its Stadler FLIRT 3 diesel multiple unit 

(DMU) railcars that do not comply with 

FRA regulations. DART seeks relief from 

49 CFR 229.47(b), Emergency brake 

valve; 231.14(a)(2), (b)–(d), (f), and (g), 

Passenger-train cars without end 

platforms; and 238.305(c)(5), Interior 

calendar day mechanical inspection of 

passenger cars. DART also requests that 

FRA exercise its authority under 49 

U.S.C. 20306 to exempt the DMUs from 

the requirements of 49 U.S.C. 20302, 

which, in part, mandates that railroad 

vehicles be equipped with (1) couplers 

that couple automatically by impact, 

and are capable of being uncoupled, 

without individuals having to go 

between the ends of equipment; and (2) 

secure sill steps and grab irons or 

handholds on the vehicle’s ends and 

sides for greater security to individuals 

coupling and uncoupling the vehicle. 

See 49 U.S.C. 20302(a)(1)(A), (B), and 

(a)(2). 

Section 20306 authorizes FRA to 

exempt rail equipment from the 

requirements of 49 U.S.C. chapter 203, 

including Section 20302, when those 

requirements ‘‘preclude the 

development or implementation of more 

efficient railroad transportation 

equipment or other transportation 

innovations under existing law.’’ 

Section 20306 requires FRA to base any 

such exemption on either (1) findings 

developed at a hearing, or (2) an 

agreement between labor and the 

developer of the equipment. 

FRA has previously held Section 

20306 hearings for equipment 

substantially similar to the FLIRT 3 

DMUs.1 The equipment was also 

proposed to be operated in substantially 

similar operating environments to that 

which DART proposes in this docket.2

As a result, FRA finds that holding a 

public hearing under Section 20306 in 

response to DART’s current exemption 

request is not necessary and FRA 

intends to rely on the findings from 

these previous hearings when 

considering DART’s current exemption 

request. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation 

(DOT), 1200 New Jersey Ave. SE, W12– 

140, Washington, DC 20590. 

Communications received by 

September 7, 2021 will be considered by 

FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. Anyone 

can search the electronic form of any 

written communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). Under 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

processes. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2021–15603 Filed 7–21–21; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Federal Transit Administration 

Notice of Limitation on Claims Against 

Proposed Public Transportation 

Project 

AGENCY: Federal Railroad 

Administration (FRA), Federal Transit 

Administration (FTA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice announces final 

environmental actions taken by FRA 

and FTA regarding the Hudson Tunnel 

Project (Project). The purpose of this 

notice is to announce publicly the 

environmental decisions on the subject 

project and to activate the limitation on 

any claims that may challenge these 

final environmental actions. 

DATES: A claim seeking judicial review 

of actions announced herein for the 

listed public transportation project will 

be barred unless the claim is filed on or 

before December 20, 2021. 

FOR FURTHER INFORMATION CONTACT: 

For FRA: Kathryn Johnson, AttorneyAdvisor, Office of Chief Counsel, 

telephone: (202) 493–0407, email: 

kathryn.johnson@dot.gov; or Amishi 

Castelli, Northeast Corridor Program 

Manager, Office of Railroad Policy and 

Development, telephone: (617) 431– 

0416, email: amishi.castelli@dot.gov. 

For FTA: John A. Sautter, Region 2 

Counsel, Office of Chief Counsel, 

telephone: (202) 748–0700, email: 

john.sautter@dot.gov; or Donald Burns, 

Region 2 Supervisory Transportation 

Program Specialist, telephone: (212) 

668–2203, email: donald.burns@dot.gov; 

or Saadat Khan, Environmental 

Protection Specialist, Office of 

Environmental Programs, telephone: 


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