[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Pages 33693-33694]
[FR Doc No: 2019-14921]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0548]

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port, Lake Michigan Zone--Corn Festival Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone on the Illinois
River in Morris, IL. This action is necessary and intended to promote
the safety of life and property on navigable waters before, during, and
immediately after a shore-based firework display. During the
enforcement period listed below, vessels and persons are prohibited
from transiting through, mooring, or anchoring within this safety zone
without approval from the Captain of the Port, Lake Michigan or his or
her designated representative.

DATES: The regulations in 33 Code of Federal Regulations (CFR) 165.929
will be enforced for the location listed in item (h)(1) in Table
165.929 to 33 CFR 165.929 from 8:30 p.m. through 9 p.m. on September
28, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT John Ramos, Waterways
Management Division, Marine Safety Unit Chicago; telephone (630) 986-
2155, email

address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Corn Festival Fireworks listed as item (h)(1) in Table 165.929 of
33 CFR 165.929. Section 165.929 lists many annual events requiring
safety zones in the Captain of the Port, Lake Michigan zone. This
safety zone will encompass all waters of the Illinois River within an
560 foot radius from approximate launch position at 41[deg]21.173' N,
88[deg]25.101' W (NAD 83). This safety zone will be enforced from 8:30
p.m. through 9 p.m. on September 28, 2019.
    All vessels must obtain permission from the Captain of the Port,
Lake Michigan, or his or her designated on-scene representative to
enter, move within, or exit this safety zone during the enforcement
times listed in this notice of enforcement. Requests must be made in
advance and approved by the Captain of the Port before transits will be
authorized. Approvals will be granted on a case-by-case basis. Vessels
and persons granted permission to enter the safety zone shall obey all
lawful orders or directions of the Captain of the Port, Lake Michigan,
or his or her on-scene representative.
    This notice of enforcement is issued under authority of 33 CFR
165.929, Safety Zones; Annual events requiring safety zones in the
Captain of the Port, Lake Michigan zone, and 5 U.S.C. 552 (a). In
addition to this notice of enforcement in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via Broadcast Notice to
Mariners and Local Notice to Mariners. The Captain of the Port, Lake
Michigan or his or her designated on-scene representative may be
contacted via VHF Channel 16 or at<PHONE_NUMBER>.

    Dated: July 9, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2019-14921 Filed 7-12-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Rules and Regulations]
[Page 42649]
[FR Doc No: 2022-15231]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0558]

Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone located in federal
regulations for a recurring marine event. This action is necessary and
intended for the safety of life and property on navigable waters during
this event. During the enforcement period, no person or vessel may
enter the respective safety zone without the permission of the Captain
of the Port Buffalo or his designated representative.

DATES: The regulations in 33 CFR 165.939, as listed in entry (b)(6) in
Table 165.939, will be enforced from 8:45 a.m. through 11:15 p.m. on
July 23, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT. Jared Stevens, Waterways
Management Division, U.S. Coast Guard Marine Safety Unit Cleveland;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a Safety Zone;
Annual Events in the Captain of the Port Buffalo Zone listed in 33 CFR
165.939, Table 165.939(b)(6) for the Parade of Lights on July 23, 2022.
Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within
the safety zone during an enforcement period is prohibited unless
authorized by the Captain of the Port Buffalo (COTP) or his designated
representative. Those seeking permission to enter the safety zone may
request permission from the COTP Buffalo via channel 16, VHF-FM.
Vessels and persons granted permission to enter the safety zone shall
obey the directions of the COTP Buffalo or his designated
representative. While within a safety zone, all vessels shall operate
at the minimum speed necessary to maintain a safe course.
    This notice of enforcement is issued under authority of 33 CFR
165.939 and 5 U.S.C. 552 (a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard will provide the maritime
community with advance notification of this enforcement period via
Broadcast Notice to Mariners or Local Notice to Mariners. If the COTP
Buffalo determines that the safety zone need not be enforced for the
full duration stated in this notice, he may use a Broadcast Notice to
Mariners to grant general permission to enter the respective safety
zone.

    Dated: July 1, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-15231 Filed 7-15-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57746-57750]
[FR Doc No: 2020-18650]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0549; FRL-10003-65]

2-propenoic acid, 2-methyl-, polymer with 2,5-furandione and
2,4,4-trimethyl-1-pentene, potassium salt; Pesticide Tolerance
Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 2-propenoic acid, 2-methyl-, polymer
with 2,5-furandione and 2,4,4-trimethyl-1-pentene, potassium salt; when
used as an inert ingredient in a pesticide chemical formulation. Solvay
USA, Inc. submitted a petition to EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of 2-propenoic acid, 2-methyl-, polymer
with 2,5-furandione

and 2,4,4-trimethyl-1-pentene, potassium salt on food or feed
commodities.

DATES: This regulation is effective September 16, 2020. Objections and
requests for hearings must be received on or before November 16, 2020,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0549, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2019-0549 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
November 16, 2020. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2019-0549, by one of
the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of October 28, 2019 (84 FR 57685) (FRL-
10001-11), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-
11342) filed by SciReg Inc., on behalf of Solvay USA, Inc., 12733
Director's Loop, Woodbridge, VA 22192. The petition requested that 40
CFR 180.960 be amended by establishing an exemption from the
requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-,
polymer with 2,5-furandione and 2,4,4-trimethyl-1-pentene, potassium
salt; CAS Reg. No. 1802325-28-5. That document included a summary of
the petition prepared by the petitioner and solicited comments on the
petitioner's request. The Agency received one comment. The commenter
expressed concern for ensuring that the pesticide use on crops does not
cause negative health and environmental impact. Although the Agency
recognizes that some individuals believe that pesticides should be
limited on agricultural crops, the existing legal framework provided by
section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA)
authorizes EPA to establish tolerances when it determines that the
tolerance is safe. Upon consideration of the validity, completeness,
and reliability of the available data as well as other factors the
FFDCA requires EPA to consider, EPA has determined that this exemption
from the requirement of a tolerance is safe. The commenter provided no
information to indicate that the exemption was not safe.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide

chemical residue . . .'' and specifies factors EPA is to consider in
establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). 2-propenoic acid, 2-methyl-, polymer
with 2,5-furandione and 2,4,4-trimethyl-1-pentene, potassium salt
conforms to the definition of a polymer given in 40 CFR 723.250(b) and
meets the following criteria that are used to identify low-risk
polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen,
silicon, and sulfur.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as listed in 40 CFR
723.250(d)(6).
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    The polymer's number average MW of 6,000 is greater than 1,000 and
less than 10,000 daltons. The polymer contains less than 10% oligomeric
material below MW 500 and less than 25% oligomeric material below MW
1,000, and the polymer does not contain any reactive functional groups.
    Thus, 2-propenoic acid, 2-methyl-, polymer with 2,5-furandione and
2,4,4-trimethyl-1-pentene, potassium salt meets the criteria for a
polymer to be considered low risk under 40 CFR 723.250. Based on its
conformance to the criteria in this unit, no mammalian toxicity is
anticipated from dietary, inhalation, or dermal exposure to 2-propenoic
acid, 2-methyl-, polymer with 2,5-furandione and 2,4,4-trimethyl-1-
pentene, potassium salt.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that 2-propenoic acid, 2-methyl-, polymer
with 2,5-furandione and 2,4,4-trimethyl-1-pentene, potassium salt could
be present in all raw and processed agricultural commodities and
drinking water, and that non-occupational non-dietary exposure was
possible. The number average MW of 2-propenoic acid, 2-methyl-, polymer
with 2,5-furandione and 2,4,4-trimethyl-1-pentene, potassium salt is
6,000 daltons. Generally, a polymer of this size would be poorly
absorbed through the intact gastrointestinal tract or through intact
human skin. Since 2-propenoic acid, 2-methyl-, polymer with 2,5-
furandione and 2,4,4-trimethyl-1-pentene, potassium salt conforms to
the criteria that identify a low-risk polymer, there are no concerns
for risks associated with any potential exposure scenarios that are
reasonably foreseeable. The Agency has determined that a tolerance is
not necessary to protect the public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.'' EPA has not found 2-propenoic acid, 2-
methyl-, polymer with 2,5-furandione and 2,4,4-trimethyl-1-pentene,
potassium salt to share a common mechanism of toxicity with any other
substances, and 2-propenoic acid, 2-methyl-, polymer with 2,5-
furandione and 2,4,4-trimethyl-1-pentene, potassium salt does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has assumed that
2-propenoic acid, 2-methyl-, polymer with 2,5-furandione and 2,4,4-
trimethyl-1-pentene, potassium salt does not have a common mechanism of
toxicity with other substances. For information regarding EPA's efforts
to determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's website at
http://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of 2-propenoic acid, 2-
methyl-, polymer with 2,5-furandione and 2,4,4-trimethyl-1-pentene,
potassium salt, EPA has not used a safety factor analysis to assess the
risk. For the same reasons the additional tenfold safety factor is
unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of 2-propenoic acid, 2-methyl-, polymer
with 2,5-furandione and 2,4,4-trimethyl-1-pentene, potassium salt.

VIII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established an MRL for 2-propenoic acid, 2-
methyl-, polymer with 2,5-furandione and 2,4,4-trimethyl-1-pentene,
potassium salt.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of 2-propenoic acid,
2-methyl-, polymer with 2,5-furandione and 2,4,4-trimethyl-1-pentene,
potassium salt from the requirement of a tolerance will be safe.

X. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

XI. Congressional Review Act (CRA)

    Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a
report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: August 10, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA amends 40
CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.960, amend the table by adding, in alphabetical order,
``2-propenoic acid, 2-methyl-, polymer with 2,5-furandione and 2,4,4-
trimethyl-1-pentene, potassium salt, with a minimum number average
molecular weight (in amu) of 6,000'' to read as follows:

Sec.  180.960   Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                       Polymer                              CAS No.
------------------------------------------------------------------------

                              * * * * * * *
2-propenoic acid, 2-methyl-, polymer with 2,5-              1802325-28-5
 furandione and 2,4,4-trimethyl-1-pentene, potassium
 salt, with a minimum number average molecular
 weight (in amu) of 6,000...........................

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2020-18650 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66065-66069]
[FR Doc No: 2015-27349]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76229; File No. SR-NYSE-2015-46]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Establishing Rules To Comply
With the Requirements of the Plan To Implement a Tick Size Pilot Plan
Submitted to the Commission Pursuant to Rule 608 of Regulation NMS
Under the Act

October 22, 2015.
    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 October 9, 2015, New York Stock Exchange LLC (``NYSE''
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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to establish rules to comply with the
requirements of the Plan to Implement a Tick Size Pilot Plan submitted
to the Commission pursuant to Rule 608 of Regulation NMS under the Act
(the ``Plan''). The text of the proposed rule change is available on
the Exchange's Web site 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 establish rules to require its member
organizations to comply with the requirements of the Plan to Implement
a Tick Size Pilot Program (the ``Plan''),\4\ which is designed to study
and assess the impact of increment conventions on the liquidity and
trading of the common stocks of small capitalization companies. The
Exchange proposes changes to its rules for a two-year pilot period that
coincides with the pilot period for the Plan, which is currently
scheduled as a two year pilot to begin on May 6, 2016.
---------------------------------------------------------------------------

    \4\ See Securities and Exchange Act Release No. 74892 (May 6,
2015), 80 FR 27513 (File No. 4-657) (``Tick Plan Approval Order'').
---------------------------------------------------------------------------

Background
    On August 25, 2014, NYSE Group, Inc., on behalf of BATS Exchange,
Inc., BATS Y-Exchange, Inc., Chicago Stock Exchange, Inc., EDGA
Exchange, Inc., EDGX Exchange, Inc., Financial Industry Regulatory
Authority, Inc. (``FINRA''), NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC,
the Nasdaq Stock Market LLC, New York Stock Exchange LLC, NYSE MKT LLC,
and NYSE Arca, Inc. (collectively ``Participants''), filed with the
Commission, pursuant to Section 11A of the Act \5\ and Rule 608 of
Regulation NMS thereunder, the Plan to Implement a Tick Size Pilot
Program.\6\ The Participants filed the Plan to comply with an order
issued by the Commission on June 24, 2014 (the ``June 2014

Order'').\7\ The Plan \8\ was published for comment in the Federal
Register on November 7, 2014,\9\ and approved by the Commission, as
modified, on May 6, 2015.\10\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78k-1.
    \6\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \7\ See Securities Exchange Act Release No 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \8\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
    \9\ See Securities and Exchange Act Release No. 73511 (November
3, 2014), 79 FR 66423 (File No. 4-657) (Tick Plan Filing).
    \10\ See Tick Plan Approval Order, supra note 5.
---------------------------------------------------------------------------

    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stocks of small
capitalization companies. The Commission plans to use the Tick Size
Pilot Program to access whether wider tick sizes enhance the market
quality of Pilot Securities for the benefit of issuers and investors.
Each Participant is required to comply with, and to enforce compliance
by its member organizations, as applicable, with the provisions of the
Plan.
    On October 9, 2015, the Operating Committee approved the Exchange's
proposed rules as model Participant rules that would require compliance
by a Participant's members with the provisions of the Plan, as
applicable, and would establish written policies and procedures
reasonably designed to comply with applicable quoting and trading
requirements specified in the Plan.\11\ As described more fully below,
the proposed rules would require member organizations to comply with
the Plan and provide for the widening of quoting and trading increments
for Pilot Securities, consistent with the Plan.
---------------------------------------------------------------------------

    \11\ The Operating Committee is required under Section III(C)(2)
of the Plan to ``monitor the procedures established pursuant to the
Plan and advise Participants with respect to any deficiencies,
problems, or recommendations as the Operating Committee may deem
appropriate.'' The Operating Committee is also required to
``establish specifications and procedures for the implementation and
operation of the Plan that are consistent with the provisions of the
Plan.''
---------------------------------------------------------------------------

    The Tick Size Pilot Program will include stocks of companies with
$3 billion or less in market capitalization, an average daily trading
volume of one million shares or less, and a volume weighted average
price of at least $2.00 for every trading day. The Tick Pilot Program
will consist of a control group of approximately 1400 Pilot Securities
and three test groups with 400 Pilot Securities in each selected by a
stratified sampling.\12\ During the pilot, Pilot Securities in the
control group will be quoted at the current tick size increment of
$0.01 per share and will trade at the currently permitted increments.
Pilot Securities in the first test group (``Test Group One'') will be
quoted in $0.05 minimum increments but will continue to trade at any
price increment that is currently permitted.\13\ Pilot Securities in
the second test group (``Test Group Two'') will be quoted in $0.05
minimum increments and will trade at $0.05 minimum increments subject
to a midpoint exception, a retail investor exception, and a negotiated
trade exception.\14\ Pilot Securities in the third test group (``Test
Group Three'') will be subject to the same terms as Test Group Two and
also will be subject to the ``Trade-at'' requirement to prevent price
matching by a person not displaying at a price of a Trading Center's
``Best Protected Bid or ``Best Protected Offer,'' unless an enumerated
exception applies.\15\ In addition to the exceptions provided under
Test Group Two, an exception for Block Size orders and exceptions that
mirror those under Rule 611 of Regulation NMS \16\ will apply to the
Trade-at requirement.
---------------------------------------------------------------------------

    \12\ See Section V of the Plan for identification of Pilot
Securities, including criteria for selection and grouping.
    \13\ See Section VI(B) of the Plan. Pilot Securities in Test
Group One will be subject to a midpoint exception and a retail
investor exception.
    \14\ See Section VI(C) of the Plan.
    \15\ See Section VI(D) of the Plan.
    \16\ 17 CFR 242.611.
---------------------------------------------------------------------------

    The Tick Pilot Program also contains requirements for the
collection and transmission of data to the Commission and the public. A
variety of data generated during the Tick Pilot Program will be
released publicly on an aggregated basis to assist in analyzing the
impact of wider tick sizes on smaller capitalization stocks.\17\
---------------------------------------------------------------------------

    \17\ See Section VII of the Plan.
---------------------------------------------------------------------------

Proposed Rule 67
    The Plan requires the Exchange to establish, maintain, and enforce
written policies and procedures that are reasonably designed to comply
with applicable quoting and trading requirements specified in the
Plan.\18\ Accordingly, the Exchange is proposing new Rule 67 to require
its member organizations to comply with the quoting and trading
provisions of the Plan. The proposed Rule is also designed to ensure
the Exchange's compliance with the Plan.
---------------------------------------------------------------------------

    \18\ The Exchange is also required by the Plan to develop
appropriate policies and procedures that provide for data collection
and reporting to the Commission of data described in Appendixes B
and C of the Plan. The Exchange plans to separately propose rules
that would require compliance by its member organizations with the
collection of data provisions of the Plan described in Section VII
of the Plan, and has reserved Paragraph (b) for such rules.
---------------------------------------------------------------------------

    Proposed paragraph (a)(1) of new Rule 67 would establish the
following defined terms:
     ``Plan'' means the Tick Size Pilot Plan submitted to the
Commission pursuant to Rule 608(a)(3) of Regulation NMS under the Act;
     ``Pilot Test Groups'' means the three test groups
established under the Plan, consisting of 400 Pilot Securities each,
which satisfy the respective criteria established by the Plan for each
such test group.
     ``Trading Center'' would have the meaning provided in Rule
600(b)(78) of Regulation NMS under the Exchange Act and, for purposes
of a Trading Center operated by a broker-dealer, means an independent
trading unit, as defined under Rule 200(f) of Regulation SHO, within
such broker-dealer.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 242.200. Independent trading unit aggregation is
available if traders in an aggregation unit pursue only the
particular trading objective(s) or strategy(s) of that aggregation
unit and do not coordinate that strategy with any other aggregation
unit. Therefore, a Trading Center cannot rely on quotations
displayed by that broker dealer from a different independent trading
unit. As an example, an agency desk of a broker-dealer cannot rely
on the quotation of a proprietary desk in a separate independent
trading unit at that same broker-dealer.
---------------------------------------------------------------------------

     ``Retail Investor Order'' would mean an agency order or a
riskless principal order that meets the criteria of FINRA Rule 5320.03
that originates from a natural person and is submitted to the Exchange
by a retail member organization (a member organization, or a division
thereof, that has been approved by the Exchange under the Exchange's
retail liquidity program rule (Rule 107C) to submit Retail Investor
Orders), provided that no change is made to the terms of the order with
respect to price or side of market and the order does not originate
from a trading algorithm or any other computerized methodology. A
Retail Investor Order is an immediate or cancel order that operates in
accordance with the Exchange's retail liquidity program rule (Rule
107C). A Retail Investor Order may be an odd lot, round lot, or partial
round lot.\20\
---------------------------------------------------------------------------

    \20\ This definition is the approved definition for ``Retail
Investor Order'' as contemplated by the Plan. It is also the same
definition as given to ``Retail Orders'' pursuant to the approved
rules of other national securities exchanges. See NYSE Rule
107C(a)(3). See also NYSE Arca, Inc. Rule 7.44(a)(3), BATS Y-
Exchange, Inc. Rule 11.24(a)(2) and NASDAQ Stock Market LLC Rule
4780(a)(2).
---------------------------------------------------------------------------

     Paragraph (a)(1)(E) would provide that all capitalized
terms not otherwise defined in this rule shall have the meanings set
forth in the Plan, Regulation NMS under the Act, or Exchange rules, as
applicable.
    Proposed Paragraph (a)(2) would state that the Exchange is a
Participant in,

and subject to the applicable requirements of, the Plan; proposed
Paragraph (a)(3) would require member organizations to establish,
maintain and enforce written policies and procedures that are
reasonably designed to comply with the applicable requirements of the
Plan, which would allow the Exchange to enforce compliance by its
member organizations with the provisions of the Plan, as required
pursuant to Section II(B) of the Plan.
    In addition, Paragraph (a)(4) would provide that Exchange systems
would not display, quote or trade in violation of the applicable
quoting and trading requirements for a Pilot Security specified in the
Plan and this proposed rule, unless such quotation or transaction is
specifically exempted under the Plan.\21\
---------------------------------------------------------------------------

    \21\ The Exchange is still evaluating its internal policies and
procedures to ensure compliance with the Plan, and plans to
separately propose rules that would address violations of the Plan.
---------------------------------------------------------------------------

    The Exchange also proposes to add Rule 67(a)(5) to provide for the
treatment of Pilot Securities that drop below a $1.00 value during the
Pilot Period.\22\ The Exchange proposes that if the price of a Pilot
Security drops below $1.00 during regular trading on any given business
day, such Pilot Security would continue to be subject to the Plan and
the requirements described below that necessitate member organizations
to comply with the specific quoting and trading obligations for each
respective Pilot Test Group under the Plan, and would continue to trade
in accordance with the proposed rules below as if the price of the
Pilot Security had not dropped below $1.00. However, if the Closing
Price of a Pilot Security on any given business day is below $1.00,
such Pilot Security would be moved out of its respective Pilot Test
Group into the control group (which consists of Pilot Securities not
placed into a Pilot Test Group), and may then be quoted and traded at
any price increment that is currently permitted by Exchange rules for
the remainder of the Pilot Period. Notwithstanding anything contained
herein to the contrary, the Exchange proposes that, at all times during
the Pilot Period, Pilot Securities (whether in the control group or any
Pilot Test Group) would continue to be subject to the data collection
rules, which will be enumerated in reserved Rule 67(b).
---------------------------------------------------------------------------

    \22\ In order to provide for such treatment, the Exchange, on
behalf of all Participants under the Plan, also plans to file a
request for exemption under Rule 608(e) of Regulation NMS from the
Plan.
---------------------------------------------------------------------------

    The Exchange proposes Rules 67(c)-(e), which would require member
organizations to comply with the specific quoting and trading
obligations for each Pilot Test Group under the Plan. With regard to
Pilot Securities in Test Group One, proposed Rule 67(c) would provide
that no member organization may display, rank, or accept from any
person any displayable or non-displayable bids or offers, orders, or
indications of interest in increments other than $0.05. However, orders
priced to trade at the midpoint of the National Best Bid and National
Best Offer (``NBBO'') or Best Protected Bid and Best Protect Offer
(``PBBO'') and orders entered in the Exchange's Retail Liquidity
Program as Retail Price Improvement Orders (``Retail Price Improvement
Order'') \23\ may be ranked and accepted in increments of less than
$0.05. Pilot Securities in Test Group One may continue to trade at any
price increment that is currently permitted by Rule 62.10.\24\
---------------------------------------------------------------------------

    \23\ A Retail Price Improvement Order consists of non-displayed
interest in NYSE-listed securities that is priced better than the
Best Protected Bid or Best Protected Offer, as such terms are
defined in Regulation NMS Rule 600(b)(57), by at least $0.001 and
that is identified as such. See NYSE Rule 107C(a)(4).
    \24\ Rule 62.10 describes the minimum price variation for
quoting and entry of orders in equity securities admitted to
dealings on the Exchange.
---------------------------------------------------------------------------

    With regard to Pilot Securities in Test Group Two, proposed Rule
67(d)(1) would provide that such Pilot Securities would be subject to
all of the same quoting requirements as described above for Pilot
Securities in Test Group One, along with the applicable quoting
exceptions. In addition, proposed Rule 67(d)(2) would provide that,
absent one of the listed exceptions in proposed Rule 67(d)(3)
enumerated below, no member organization may execute orders in any
Pilot Security in Test Group Two in price increments other than $0.05.
The $0.05 trading increment would apply to all trades, including
Brokered Cross Trades.
    Paragraph (d)(3) would set forth further requirements for Pilot
Securities in Test Group Two. Specifically, member organizations
trading Pilot Securities in Test Group Two would be allowed to trade in
increments less than $0.05 under the following circumstances:
    (A) Trading may occur at the midpoint between the NBBO or PBBO;
    (B) Retail Investor Orders may be provided with price improvement
that is at least $0.005 better than the Best Protected Bid or the Best
Protected Offer; and
    (C) Negotiated Trades may trade in increments less than $0.05.
    Paragraph (e)(1)-(e)(3) would set forth the requirements for Pilot
Securities in Test Group Three. Member organizations quoting or trading
such Pilot Securities would be subject to all of the same quoting and
trading requirements as described above for Pilot Securities in Test
Group Two, including the quoting and trading exceptions applicable to
Test Group Two Pilot Securities. In addition, proposed Paragraph (e)(4)
would provide for an additional prohibition on Pilot Securities in Test
Group Three referred to as the ``Trade-at Prohibition.'' \25\ Paragraph
(e)(4)(B) would provide that, absent one of the listed exceptions in
proposed Rule 67(e)(4)(C) enumerated below, no member organization may
execute a sell order for a Pilot Security in Test Group Three at the
price of a Protected Bid or execute a buy order for a Pilot Security in
Test Group Three at the price of a Protected Offer.
---------------------------------------------------------------------------

    \25\ Proposed Rule 67(e)(4)(A) would define the ``Trade-at
Prohibition'' to mean the prohibition against executions by a
Trading Center of a sell order for a Pilot Security at the price of
a Protected Bid or the execution of a buy order for a Pilot Security
at the price of a Protected Offer during regular trading hours.
---------------------------------------------------------------------------

    Proposed Rule 67(e)(4)(C) would allow member organizations to
execute a sell order for a Pilot Security in Test Group Three at the
price of a Protected Bid or execute a buy order for a Pilot Security in
Test Group Three at the price of a Protected Offer if any of the
following circumstances exist:
    (A) The order is executed by a Trading Center within a member
organization that has a displayed quotation for the account of that
Trading Center on a principal basis, via either a processor or an SRO
Quotation Feed,\26\ at a price equal to the traded-at Protected
Quotation, that was displayed before the order was received,\27\ but
only up to the full displayed size of the Trading Center's previously
displayed quote;
---------------------------------------------------------------------------

    \26\ By requiring the displayed quotation to be for the account
of ``that Trading Center,'' the Trading Center cannot rely on any
quotations it may put up on an agency basis, including a riskless
principal basis. A Trading Center that is a broker-dealer also
cannot rely on any quotation that is not a displayed quotation for
its own account, such as the quotation of another broker-dealer, or
customer of such broker-dealer.
    \27\ The Exchange is proposing to adopt this limitation to
ensure that a Trading Center does not display a quotation after the
time of order receipt solely for the purpose of trading at the price
of a protected quotation without routing to that protected
quotation.
---------------------------------------------------------------------------

    (B) The order consists of odd lot orders and odd lot portions of
partial round lot (``PRL'') orders that are displayed on an SRO
Quotation Feed, at a price equal to the traded-at Protected

Quotation, but only up to the size of the displayed quotation; \28\
---------------------------------------------------------------------------

    \28\ Proposed Supplementary Material .10 to Rule 67(e)(4)(C)(ii)
would further provide that, for purposes of sub-paragraph (ii), a
member organization is prohibited from breaking a round lot order or
round lot portion of a PRL into odd lot orders to avoid the
restrictions contained in this Rule.
---------------------------------------------------------------------------

    (C) The order is of Block Size \29\ at the time of origin and may
not be:
---------------------------------------------------------------------------

    \29\ ``Block Size'' is defined in the Plan as an order (1) of at
least 5,000 shares or (2) for a quantity of stock having a market
value of at least $100,000.
---------------------------------------------------------------------------

    (i) An aggregation of non-block orders;
    (ii) broken into orders smaller than Block Size prior to submitting
the order to a Trading Center for execution; or
    (iii) executed on multiple Trading Centers; \30\
---------------------------------------------------------------------------

    \30\ Once a Block Size order or portion of such Block Size order
is routed from one Trading Center to another Trading Center in
compliance with Rule 611 of Regulation NMS, the Block Size order
would lose the Trade-at exemption provided under proposed Rule
67(e)(4)(C)(C), unless the Block Size remaining after the first
route and execution meets the Block Size definition under the Plan
(See footnote 28). For example, if an exchange has a Protected Bid
of 3,000 shares, with 2,000 shares in reserve, and receives a 5,000
share order to sell, the exchange would be able to execute the
entire 5,000 share order without having to route to an away market
at any other Protected Bid at the same price. If, however, that
exchange only has 1,000 shares in reserve, the entire order would
not be able to be executed on that exchange, and the exchange would
only be able to execute 3,000 shares and route the rest to away
markets at other Protected Bids at the same price, before executing
the 1,000 shares in reserve. The same analysis would hold true at
the next price point, if the size of the incoming order would exceed
all available shares at the first price, and the remaining shares to
be executed would be 5,000 shares or more.
---------------------------------------------------------------------------

    (D) The order is a Retail Investor Order executed with at least
$0.005 price improvement;
    (E) The order is executed when the Trading Center displaying the
Protected Quotation that was traded at was experiencing a failure,
material delay, or malfunction of its systems or equipment;
    (F) The order is executed as part of a transaction that was not a
``regular way'' contract;
    (G) The order is executed as part of a single-priced opening,
reopening, or closing transaction on the Exchange;
    (H) The order is executed when a Protected Bid was priced higher
than a Protected Offer in the Pilot Security in Test Group Three;
    (I) The order is identified as a Trade-at Intermarket Sweep Order;
    (J) The order is executed by a Trading Center that simultaneously
routed Trade-at Intermarket Sweep Orders to execute against the full
displayed size of the Protected Quotation that was traded at;
    (K) The order is executed as part of a Negotiated Trade;
    (L) The order is executed when the Trading Center displaying the
Protected Quotation that was traded at had displayed, within one second
prior to execution of the transaction that constituted the Trade-at, a
Best Protected Bid or Best Protected Offer, as applicable, for the
Pilot Security in Test Group Three with a price that was inferior to
the price of the Trade-at transaction;
    (M) The order is executed by a Trading Center which, at the time of
order receipt, the Trading Center had guaranteed an execution at no
worse than a specified price (a ``stopped order''), where:
    (i) The stopped order was for the account of a customer;
    (ii) The customer agreed to the specified price on an order-by-
order basis; and
    (iii) The price of the Trade-at transaction was, for a stopped buy
order, equal to the National Best Bid in the Pilot Security in Test
Group Three at the time of execution or, for a stopped sell order,
equal to the National Best Offer in the Pilot Security in Test Group
Three at the time of execution; or
    (N) The order is for a fractional share of a Pilot Security in Test
Group Three, provided that such fractional share order was not the
result of breaking an order for one or more whole shares of a Pilot
Security in Test Group Three into orders for fractional shares or was
not otherwise effected to evade the requirements of the Trade-at
Prohibition or any other provisions of the Plan.
    Finally, Proposed Rule 67(e)(4)(D) would prevent member
organizations from breaking an order into smaller orders or otherwise
effecting or executing an order to evade the requirements of the Trade-
at Prohibition or any other provisions of the Plan.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\31\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\32\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change is consistent with the
Act because it ensures that the Exchange and its member organizations
would be in compliance with a Plan approved by the Commission pursuant
to an order issued by the Commission in reliance on Section 11A of the
Act.\33\ Such approved Plan gives the Exchange authority to establish,
maintain, and enforce written policies and procedures that are
reasonably designed to comply with applicable quoting and trading
requirements specified in the Plan. The Exchange believes that the
proposed rule change is consistent with the authority granted to it by
the Plan to establish specifications and procedures for the
implementation and operation of the Plan that are consistent with the
provisions of the Plan. Likewise, the Exchange believes that the
proposed rule change provides interpretations of the Plan that are
consistent with the Act, in general, and furthers the objectives of the
Act, in particular.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78f(b).
    \32\ 15 U.S.C. 78f(b)(5).
    \33\ 15 U.S.C. 78k-1.
---------------------------------------------------------------------------

    Furthermore, the Exchange is a Participant under the Plan and
subject, itself, to the provisions of the Plan. The proposed rule
change ensures that the Exchange's systems would not display or execute
trading interests outside the requirements specified in such Plan. The
proposal would also help allow market participants to continue to trade
NMS Stocks within quoting and trading requirements that are in
compliance with the Plan, with certainty on how certain orders and
trading interests would be treated. This, in turn, will help encourage
market participants to continue to provide liquidity in the
marketplace.
    Because the Plan supports further examination and analysis on the
impact of tick sizes on the trading and liquidity of the securities of
small capitalization companies, and the Commission believes that
altering tick sizes could result in significant market-wide benefits
and improvements to liquidity and capital formation, adopting rules
that enforce compliance by its member organizations with the provisions
of the Plan would help promote liquidity in the marketplace and perfect
the mechanism of a free and open market and national market system.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes are
being made to establish, maintain, and enforce written policies and
procedures that are reasonably designed to comply with the trading and
quoting requirements

specified in the Plan, of which other equities exchanges are also
Participants. Other competing national securities exchanges are subject
to the same trading and quoting requirements specified in the Plan.
Therefore, the proposed changes would not impose any burden on
competition, while providing certainty of treatment and execution of
trading interests on the Exchange to market participants in NMS Stocks
that are acting in compliance with the requirements specified in the
Plan.

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-NYSE-2015-46 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2015-46. 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 Web site (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 Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549-1090 on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-NYSE-2015-46 and
should be submitted on or before November 18, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-27349 Filed 10-27-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Notices]
[Page 68610]
[DOCID:fr05de07-77]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and
Exchange Commission will hold the following meeting during the week of
December 3, 2007:

A Closed Meeting will be held on Thursday, December 6, 2007 at 2 p.m.

    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (4), (5), (7), (8), (9)(B), and (10) and 17 CFR
200.402(a)(3), (4), (5), (7), (8), 9(ii) and (10), permit consideration
of the scheduled matters at the Closed Meeting.
    Commissioner Casey, as duty officer, voted to consider the items
listed for the closed meeting in closed session and determined that no
earlier notice thereof was possible.
    The subject matter of the Closed Meeting scheduled for Thursday,
December 6, 2007 will be:

Formal orders of investigation;
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings of an
enforcement nature;
Regulatory matters regarding financial institutions; and a
Matter involving enforcement techniques.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: November 30, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-23602 Filed 12-4-07; 8:45 am]

BILLING CODE 8011-01-P