[Federal Register: May 19, 2008 (Volume 73, Number 97)]
[Notices]
[Page 28856]
[DOCID:fr19my08-108]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice and Request For Comments

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and Request for Comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Requirement (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collection and its expected
burden. The Federal Register notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 10, 2008 (73 FR 12794).

DATES: Comments must be submitted on or before June 18, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave., SE., 3rd Floor, Mail Stop 25,
Washington, DC 20590 (telephone:<PHONE_NUMBER>), or Ms. Nakia Poston,
Office of Information Technology, RAD-20, Federal Railroad
Administration, 1200 New Jersey Ave., SE., 3rd Floor, Mail Stop 35,
Washington, DC 20590 (telephone:<PHONE_NUMBER>). (These telephone
numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, Section 2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part
1320, require Federal agencies to issue two notices seeking public
comment on information collection activities before OMB may approve
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1),
1320.12. On March 10, 2008, FRA published a 60-day notice in the
Federal Register soliciting comment on this ICR that the agency was
seeking OMB approval. 73 FR 12794. FRA received no comments after
issuing this notice. Accordingly, DOT announces that these information
collection activities have been re-evaluated and certified under 5 CFR
1320.5(a) and forwarded to OMB for review and approval pursuant to 5
CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30-day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summary below describes the nature of the information
collection requirement (ICR) and the expected burden. The revised
requirement is being submitted for clearance by OMB as required by the
PRA.
    Title: Solicitation of Applications and Notice of Funds
Availability for the Capital Assistance to States--Intercity Rail
Service Program.
    OMB Control Number: 2130-0575.
    Type of Request: Extension of a currently approved collection.
    Affected Public: 50 States and District of Columbia and Their
Partners.
    Abstract: On December 16, 2007, President Bush signed Public Law
110-161, The Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2008. As part of this Act, Congress
provided $30 million to FRA to award one or more grants for eligible
projects related to capital improvements (fixed facilities and rolling
stock) necessary to support improved or new intercity passenger
services, and planning activities that lead to the development of a
passenger rail corridor investment plan. Funds provided under this
grant program may constitute no more than 50 percent of the total cost
of a selected project, with the remaining cost funded from other
sources. The funding provided under these grants will be made available
to grantees on a reimbursement basis. FRA anticipates awarding grants
to multiple eligible participants. FRA may choose to award a grant or
grants within the available funds in any amount. Funding made available
through grants provided under this program, together with funding from
other sources that is committed by a grantee as part of a grant
agreement, must be sufficient to complete the funded project and
achieve the anticipated improvement to intercity passenger rail
service. FRA began accepting grant applications on March 18, 2008.
Applications may be submitted until the earlier of Wednesday, September
30, 2009, or the date on which all available funds will have been
committed under this program.
    Annual Estimated Burden Hours: 12,617.
    Addressee: Send comments regarding this information collection to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street, NW., Washington, DC, 20503,
Attention: FRA Desk Officer. Comments may also be sent via e-mail to
OMB at the following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimate of
the burden of the proposed information collection; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on May 12, 2008.
D.J. Stadtler,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. E8-11077 Filed 5-16-08; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Page 8949]
[FR Doc No: 2023-02954]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96820; File No. SR-NYSEARCA-2022-80]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Withdrawal of Proposed Rule Change To Amend Rule 7.19-E Concerning Pre-
Trade Risk Controls

February 7, 2023.
    On December 8, 2022, NYSE Arca, Inc. (``NYSE Arca'') filed with the
Securities and Exchange Commission (the ``Commission''), pursuant to
section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'' or
``Exchange Act'') \1\ and Rule 19b-4 thereunder \2\ a proposed rule
change to add additional pre-trade risk controls to Rule 7.19-E. The
proposed rule change was published for comment on December 20, 2022.\3\
On February 1, 2023, NYSE Arca withdrew the proposed rule change (SR-
NYSEARCA-2022-80).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 96499 (December 14,
2022), 87 FR 77907 (December 20, 2022). Comments received on the
proposal are available on the Commission's website at: https://www.sec.gov/comments/sr-nysearca-2022-80/srnysearca202280.htm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-02954 Filed 2-9-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Notices]
[Page 7388]
[FR Doc No: 2020-02483]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2019-0207]

Pipeline Safety: Request for Special Permit; Gulf South Pipeline
Company, LP

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice.

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SUMMARY: PHMSA is publishing this notice to solicit public comments on
a request for special permit from Gulf South Pipeline Company, LP
(GSPC). The special permit request is seeking relief from compliance
with certain requirements in the Federal pipeline safety regulations.
At the conclusion of the 30-day comment period, PHMSA will review the
comments received from this notice as part of its evaluation to grant
or deny the special permit request.

DATES: Submit any comments regarding this special permit request by
March 9, 2020.

ADDRESSES: Comments should reference the docket number for the specific
special permit request and may be submitted in the following ways:
     E-Gov website: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two (2) copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.
    Note: There is a privacy statement published on http://www.Regulations.gov. Comments, including any personal information
provided, are posted without changes or edits to http://www.Regulations.gov.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 Code of Federal Register
(CFR) Sec.  190.343, you may ask PHMSA to give confidential treatment
to information you give to the agency by taking the following steps:
(1) Mark each page of the original document submission containing CBI
as ``Confidential''; (2) send PHMSA, along with the original document,
a second copy of the original document with the CBI deleted; and (3)
explain why the information you are submitting is CBI. Unless you are
notified otherwise, PHMSA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this notice. Submissions containing CBI should be sent to Kay
McIver, DOT, PHMSA PHP-80, 1200 New Jersey Avenue SE, Washington, DC
20590-0001. Any commentary PHMSA receives that is not specifically
designated as CBI will be placed in the public docket for this matter.

FOR FURTHER INFORMATION CONTACT:
    General: Ms. Kay McIver by telephone at<PHONE_NUMBER>, or by email
at<EMAIL_ADDRESS>    Technical: Mr. Joshua Johnson by telephone at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA received a special permit request from
the GSPC, a subsidiary of Boardwalk Pipeline Partners, LP, seeking a
waiver from the requirements of 49 CFR 192.611, Change in class
location: Confirmation or revision of maximum allowable operating
pressure. The Class 1 to Class 3 location change occurred in May of
2019. This special permit is being requested in lieu of pipe
replacement or pressure reduction for one (1) 42-inch diameter pipe
special permit segment of 214 feet in length on the Index 817 Pipeline
located in Madison Parish, Louisiana. The proposed special permit will
allow operation of the original Class 1 pipe in the Class 3 location.
    The Index 817 Pipeline is a 240-mile pipeline on the GSPC system
that begins at a connection on the Index 816 Pipeline near Keatchie,
Louisiana. The Index 817 Pipeline runs east from Keatchie, Louisiana to
the GSPC Harrisville Compressor Station in Mississippi, where it
connects to the GSPC Index 818 Pipeline. The Index 817 Pipeline was
installed in 2007. The maximum allowable operating pressure for the
Index 817 Pipeline in the proposed special permit segment is 1,456
pounds per square inch gauge.
    The special permit request, proposed special permit with
conditions, and Draft Environmental Assessment (DEA) for the Index 817
Pipeline segment are available for review and public comment in Docket
No. PHMSA-2019-0207. We invite interested persons to review and submit
comments on the special permit request and DEA in the docket. Please
include any comments on potential safety and environmental impacts that
may result if the special permit is granted.
    Before issuing a decision on the special permit request, PHMSA will
evaluate all comments received on or before the comment closing date.
Comments received after the closing date will be evaluated, if it is
possible to do so without incurring additional expense or delay. PHMSA
will consider each relevant comment we receive in making our decision
to grant or deny this request.

    Issued in Washington, DC, under authority delegated in 49 CFR
1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2020-02483 Filed 2-6-20; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4589-4594]
[FR Doc No: 2019-02389]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85093; File No. SR-NYSEArca-2019-01]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to the Listing and Trading of Shares
of the Bitwise Bitcoin ETF Trust Under NYSE Arca Rule 8.201-E

February 11, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on January 28, 2019, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 list and trade shares of the Bitwise
Bitcoin ETF Trust under NYSE Arca Rule 8.201-E. The proposed change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the
Bitwise Bitcoin ETF Trust (the ``Trust''), under NYSE Arca Rule 8.201-
E.\4\
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    \4\ The Trust is a Delaware statutory trust and registered under
the Securities Act of 1933. On January10, 2018 [sic], the Trust
filed with the Commission a registration statement on Form S-1 under
the Securities Act of 1933 (15 U.S.C. 77a) (the ``Securities Act'')
relating to the Trust (File No. 333-229180) (the ``Registration
Statement''). The description of the operation of the Trust herein
is based, in part, on the Registration Statement.
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    According to the Registration Statement, the Trust will not be
registered as an investment company under the Investment Company Act of
1940, as amended,\5\ and is not required to register under such act.
The Trust is not a commodity pool for purposes of the Commodity
Exchange Act, as amended.\6\
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    \5\ 15 U.S.C. 80a-1.
    \6\ 17 U.S.C. 1.
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    The Trust is managed and controlled by Bitwise Investment Advisers,
LLC (the ``Sponsor'').
    The custodian for the Trust may hold the Trust's investment assets
and cash and cash equivalents pursuant to a custodian agreement. The
custodian is also the transfer agent for the Trust.
    The Trust will offer Shares of the Trust for sale through the
Trust's distributor in ``Creation Units'', as described below. The
distributor will also assist the Sponsor and the Trust's administrator
with certain functions and duties relating to distribution and
marketing.
    The Exchange represents that the Shares satisfy the requirements of
NYSE Arca Rule 8.201-E and thereby qualify for listing on the
Exchange.\7\
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    \7\ With respect to the application of Rule 10A-3 (17 CFR
240.10A-3) under the Act, the Trust relies on the exemption
contained in Rule 10A-3(c)(7).
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Operation of the Trust \8\
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    \8\ The description of the operation of the Trust, the Shares
and the bitcoin market contained herein are based, in part, on the
Registration Statement. See note 4, supra.
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    According to the Registration Statement, the investment objective
of the Trust is to reflect the performance of the total returns
available to investors in bitcoin, as measured by the performance of
the Bitwise Bitcoin Total Return Index (the ``Index''), less fees and
expenses. The Index was designed by Bitwise Index Services, LLC (the
``Index Provider'') to measure the total return of an investment in
bitcoin utilizing bitcoin price transactions from 10

exchanges that offer trading on cryptocurrencies (the ``Verified
Exchanges'') spanning 5 countries and including exchanges located in
the United States, Europe and Asia. The methodology and composition of
the Index is described more fully below.\9\
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    \9\ The Index Provider manages the Index with input from its
Bitwise Global Investable Market Crypto Index Committee (the
``Committee''), which has ultimate responsibility and authority for
developing, maintaining and adjusting the Index. The Committee is
composed of three members of the Bitwise leadership team selected
for seniority and expertise in indexing, cryptoassets and data
engineering. The Committee is advised in this effort by the Bitwise
Global Investable Market Crypto Index Advisory Board (the ``Advisory
Board''), an independent group of leading experts in the fields of
both traditional asset indexing and crypto assets.
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    The Trust will seek to achieve its investment objective of tracking
the Index by investing, under normal market conditions,\10\
substantially all of the Trust's assets in OTC and exchange-traded
bitcoin.
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    \10\ The term ``normal market conditions'' includes, but is not
limited to, the absence of trading halts in the applicable financial
markets generally; operational issues (e.g., systems failure)
causing dissemination of inaccurate market information; or force
majeure type events such as natural or manmade disaster, act of God,
armed conflict, act of terrorism, riot or labor disruption or any
similar intervening circumstance.
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    The Trust will not hold or trade in any instrument or asset on any
futures exchange or over the counter (``OTC'') other than bitcoin
traded in the OTC markets and traded on domestic and international
bitcoin exchanges.
Overview of Bitcoin
    Bitcoin is a new type of digital asset issued by, and transmitted
through, the decentralized, open source protocol of the bitcoin peer-
to-peer network (the ``Bitcoin Network'') that hosts a public
transaction ledger where bitcoin transfers are recorded (the ``Bitcoin
Blockchain''). Bitcoin is ``stored'' or reflected on the Bitcoin
Blockchain, which through the transparent reporting of bitcoin
transactions, allows the Bitcoin Network to verify and confirm the
rightful ownership of the bitcoin assets. The Bitcoin Network and
bitcoin software programs can interpret the Bitcoin Blockchain to
determine the exact bitcoin balance, if any, of any digital wallet
listed in the Bitcoin Blockchain as having taken part in a transaction
on the Bitcoin Network. The Bitcoin Blockchain is comprised of a
digital file, which can be downloaded and stored, in whole or in part,
on any Bitcoin users' software programs. Each validated bitcoin
transaction is broadcast to the Bitcoin Network and permanently
recorded on the Bitcoin Blockchain.
    The process by which bitcoin are created and bitcoin transactions
are verified is called ``mining.'' To begin mining, a user, or
``miner,'' can download and run a mining client, which, like regular
Bitcoin Network software programs, turns the user's computer into a
``node'' on the Bitcoin Network that validates blocks. Bitcoin
transactions are recorded in new blocks that are added to the Bitcoin
Blockchain and new bitcoins are provided as compensation issued to the
miners for updating the Blockchain. Miners, through the use of the
bitcoin software program, engage in a set of prescribed complex
mathematical calculations in order to add a block to the Bitcoin
Blockchain and thereby confirm bitcoin transactions included in that
block's data. Bitcoin is created and allocated by the Bitcoin Network
protocol through a ``mining'' process subject to a strict, well-known
issuance schedule.
    Confirmed and validated bitcoin transactions are recorded in blocks
added to the Bitcoin Blockchain. Each block contains the details of
some or all of the most recent transactions that are not memorialized
in prior blocks, as well as a record of the award of bitcoin to the
miner who added the new block. Each unique block can only be solved and
added to the Bitcoin Blockchain by one miner; therefore, all individual
miners and mining pools on the Bitcoin Network are engaged in a
competitive process of constantly increasing their computing power to
improve their likelihood of solving for new blocks. As more miners join
the Bitcoin Network and its processing power increases, the Bitcoin
Network adjusts the complexity of the block-solving equation to
maintain a predetermined pace of adding a new block to the Bitcoin
Blockchain approximately every ten minutes.
    The value of bitcoin is determined, in part, by the supply of and
demand for bitcoin in the global exchange market for the trading of
bitcoin, market expectations for the adoption of bitcoin by
individuals, the number of merchants that accept bitcoin as a form of
payment and the volume of private end-user-to-end-user transactions.
Overview of Index Methodology and Composition
    The Index was developed to provide investors with a clear, rules-
based, and transparent way to track the value of bitcoin. The Index is
designed as an investable benchmark, suitable both for benchmarking
active strategies and serving as the underlying index for an investment
in bitcoin.
    As described below, in valuing the price of bitcoin, the Index
Provider will make use of bitcoin price transactions from a universe of
cryptocurrency exchanges that it classifies as ``Verified Exchanges.''
The Index Provider at present tracks over 200 online cryptocurrency
exchanges that offer trading on cryptocurrencies. From that list the
Index Provider will eliminate a significant portion based on a number
of factors, including eliminating exchanges that (1) are domiciled in
emerging market countries and countries that have capital controls; (2)
do not charge fees for trading, either explicitly or through ``trade
mining'' activities where an exchange provides an off-setting rebate to
the client for the trades; (3) lack functioning and stable Application
Programing Interfaces (``API'') for the transmission of price and
volume data; (4) issues [sic] with significant downtime, problems with
customers withdrawal abilities, or known security issues; (5) are or
may be subject to extraordinary legal or regulatory activity; and (6)
do not account for at least 0.1% of the trailing 30-day Average Daily
Volume among all exchanges that charge transaction fees. Those
exchanges that remain after the Index Provider has eliminated exchanges
are considered the ``Verified Exchanges.'' \11\
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    \11\ The list of Verified Exchanges used to price the Index will
be available on the Index Provider's website, www.bitwiseinvestments
[sic].
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    In addition, on no less than a quarterly basis, the Index Committee
will review the actual published trading data of each otherwise
Verified Exchange. This includes bid/ask spreads and size, actual
claimed executed trades with price and volume, and any other factors
the Committee deems relevant. Exchanges that show persistent signs of
artificial or inflated volume may be removed from the list of Verified
Exchanges.
    According to the Registration Statement, as a result of its
screening process, the Index Provider's list of Verified Exchanges will
be derived by significantly reducing the universe of over 200 exchanges
down to approximately 10. At present, the Index Provider believes that
these Verified Exchanges account for a majority of the total global
volume of bitcoin traded on exchanges, although both the number of
Verified Exchanges and the percentage of global volume they represent
is subject to change.
    In addition to using prices and volume from Verified Exchanges to
calculate the Index, the Committee will also include executed prices
and volume from listed futures contracts on

any regulated futures exchange domiciled in a developed market country
and on which bitcoin are traded as long as the futures contract settles
to physical ``coins'' at the expiration of the contract(s). In the case
of listed futures contracts that offer more than one planned expiration
date, the futures contract that is closest to expiration, the ``spot
contract,'' will be used.
    The Index Provider believes that the use of a large number of pre-
screened cryptocurrency exchanges, as well as listed futures that are
physically settled, representing a majority of global bitcoin trading
to provide price and volume inputs, provides certain benefits compared
to using a limited number of exchanges for index pricing inputs. These
benefits include minimizing the potential negative impacts of any
single exchange going off-line due to technical problems, or financial,
hacking, legal or regulatory issues. In addition, given the fungible
nature of bitcoin, the Index Provider believes that the potential
impact on Index values of individual exchanges experiencing outside
attempts to manipulate either reported volume or reported prices is
muted by the use of a large number of exchange price and volume inputs.
    When calculating the value of the Index the Index Provider makes
use of the actual trades executed on the various Verified Exchanges.
Prices are weighted such that bitcoin prices from exchanges with a
greater amount of the trading volume in the prior hour are weighted
more heavily than bitcoin prices from exchanges with lesser amounts of
volume.
    The Index has provisions for handling isolated, or ``one-off,''
events in the cryptocurrency market generally, such as ``hard forks.''
A hard fork occurs if an alternative version of bitcoin is developed
and the holders of the original version of bitcoin also end up owning a
pro-rata share of the new version. As a general rule, the Index
attributes the value of significant hard forks, if any, to the value of
the Index at the time of the event. However, the Index would not
continue to be calculated going forward as if those new holdings were
an ongoing part of the Index. The Index Provider may from time to time
adopt additional policies for the Index to address changes and new
developments in the bitcoin universe.
    The Index Provider will publish the daily Index values each day at
or shortly after 4:00 p.m. Eastern Time (``E.T.''). An indicative Index
value will be published every 15 seconds during all business days,
although this value is not the official Index value.
Net Asset Value
    According to the Registration Statement, the Trust's per Share Net
Asset Value (``NAV'') will be calculated by dividing the value of the
net assets of the Trust (i.e., the value of its total assets less total
liabilities) by the total number of Shares outstanding. The Trust's NAV
will be calculated on each trading day on the Exchange. The Trust will
compute its NAVs as of 4:00 p.m. E.T. The Trust's NAV will be
calculated only once each trading day. The Trust's daily NAV may be
found at, www.bitwiseinvestments [sic].
Indicative Fund Value
    In order to provide updated information relating to the Trust for
use by investors and market professionals, the Exchange will calculate
an updated ``Indicative Fund Value'' (``IFV''). The IFV will be
calculated by using the prior day's closing net assets of the Trust as
a base and updating throughout the Exchange's Core Trading Session of
9:30 a.m. E.T. to 4:00 p.m. E.T. reflect changes in the most recently
reported price level of the Index as reported by Bloomberg, L.P. or
another reporting service.
    The IFV will be disseminated on a per Share basis every 15 seconds
during the Exchange's Core Trading Session and be widely disseminated
by one or more major market data vendors during the NYSE Arca Core
Trading Session.\12\
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    \12\ Several major market data vendors display and/or make
widely available IFVs taken from the Consolidated Tape Association
(``CTA'') or other data feeds.
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Creation and Redemption of Shares
    According to the Registration Statement, the Trust intends to
create and redeem Shares in one or more Creation Baskets or Redemption
Baskets. A Creation Basket and a Redemption Basket are a block of
25,000 Shares of the Trust. Except when aggregated in Creation Units,
the Shares are not redeemable securities.
    Only Authorized Participants may purchase and redeem Creation
Baskets. Authorized Participants must be (1) registered broker-dealers
or other securities market participants, such as banks and other
financial institutions, that are not required to register as broker-
dealers to engage in securities transactions described below, and (2)
the Depository Trust Company (``DTC'') Participants. An Authorized
Participant is an entity that has entered into an Authorized
Participant Agreement with the Trust and the Sponsor.
Creation Procedures
    On any business day, an Authorized Participant may place an order
with the distributor to create one or more Creation Baskets. For
purposes of processing both purchase and redemption orders, a
``business day'' means any day other than a day when the Exchange or
the New York Stock Exchange is closed for regular trading.
    By placing a purchase order, an Authorized Participant agrees to
deposit bitcoin, Treasuries, cash or a combination of bitcoin,
Treasuries and cash with the Trust. Prior to the delivery of baskets
for a purchase order, the Authorized Participant must also have wired
to the custodian the nonrefundable transaction fee due for the purchase
order. Authorized Participants may not withdraw a creation request. If
an Authorized Participant fails to consummate the foregoing, the order
shall be cancelled.
Redemption Procedures
    According to the Registration Statement, the procedures by which an
Authorized Participant can redeem one or more baskets mirror the
procedures for the creation of creation baskets. On any business day,
an Authorized Participant may place an order with the Marketing Agent
to redeem one or more baskets. A redemption order so received will be
effective on the date it is received in satisfactory form by the
Marketing Agent (``Redemption Order Date''). The redemption procedures
allow Authorized Participants to redeem baskets and do not entitle an
individual shareholder to redeem any shares in an amount less than a
Redemption Basket, or to redeem baskets other than through an
Authorized Participant.

    By placing a redemption order, an Authorized Participant agrees to
deliver the baskets to be redeemed through DTC's book-entry system to
the Trust not later than noon E.T. on the second business day following
the effective date of the redemption order. Prior to the delivery of
the redemption distribution for a redemption order, the Authorized
Participant must also have wired to the Sponsor's account at the
custodian the non-refundable transaction fee due for the redemption
order. An Authorized Participant may not withdraw a redemption order.
    The manner by which redemptions are made is dictated by the terms
of the Authorized Participant Agreement. If an Authorized Participant
fails to consummate the foregoing, the order shall be cancelled.
Determination of Redemption Distribution
    The redemption distribution from the Trust will consist of a
transfer to the redeeming Authorized Participant of an amount of
bitcoin, Treasuries and/or cash that is in the same proportion to the
total assets of the Trust (net of estimated accrued but unpaid fees,
expenses and other liabilities) on the date the order to redeem is
properly received as the number of shares to be redeemed under the
redemption order is in proportion to the total number of shares
outstanding on the date the order is received. The Sponsor, directly or
in consultation with the Administrator, determines the requirements for
bitcoin, Treasuries and cash, including the remaining maturities of the
Treasuries and proportions of Treasuries and cash that may be included
in distributions to redeem baskets. The Marketing Agent will publish an
estimate of the redemption distribution per basket as of the beginning
of each business day.
Availability of Information Regarding Bitcoin
    The NAV for the Trust's Shares will be disseminated daily to all
market participants at the same time.
    Quotation and last-sale information regarding the Shares will be
disseminated through the facilities of the CTA. The IFV will be
available through online information services.
    In addition, the Trust's website, www.bitwiseinvestments.com, will
display the applicable end of day closing NAV. The daily holdings of
the Trust will be available on the Trust's website before 9:30 a.m.
E.T. The Trust's total portfolio composition will be disclosed each
business day that NYSE Arca is open for trading, on the Trust's
website. The Trust's website will also include a form of the prospectus
for the Trust that may be downloaded. The website will include the
Shares' ticker and CUSIP information, along with additional
quantitative information updated on a daily basis for the Trust. The
Trust's website will include (1) the prior business day's trading
volume, the prior business day's reported NAV and closing price, and a
calculation of the premium and discount of the closing price or mid-
point of the bid/ask spread at the time of NAV calculation (``Bid/Ask
Price'') against the NAV; and (2) data in chart format displaying the
frequency distribution of discounts and premiums of the daily closing
price or Bid/Ask Price against the NAV, within appropriate ranges, for
at least each of the four previous calendar quarters. The Trust's
website will be publicly available prior to the public offering of
Shares and accessible at no charge.
    The spot price of bitcoin as reflected in the Index will also be
available on a 24-hour basis from the Trust's website.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Trust.\13\ Trading in Shares of the Trust
will be halted if the circuit breaker parameters in NYSE Arca Rule
7.12-E have been reached. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable.
---------------------------------------------------------------------------

    \13\ See NYSE Arca Rule 7.12-E.
---------------------------------------------------------------------------

    The Exchange may halt trading during the day in which an
interruption to the dissemination of the IFV or the value of the Index
occurs.\14\ If the interruption to the dissemination of the IFV or the
value of the Index persists past the trading day in which it occurred,
the Exchange will halt trading no later than the beginning of the
trading day following the interruption. In addition, if the Exchange
becomes aware that the NAV with respect to the Shares is not
disseminated to all market participants at the same time, it will halt
trading in the Shares until such time as the NAV is available to all
market participants.
---------------------------------------------------------------------------

    \14\ A limit up/limit down condition in the futures market would
not be considered an interruption requiring the Trust to be halted.
---------------------------------------------------------------------------

Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. E.T. in accordance with
NYSE Arca Rule 7.34-E (Early, Core, and Late Trading Sessions). The
Exchange has appropriate rules to facilitate transactions in the Shares
during all trading sessions. As provided in NYSE Arca Rule 7.6-E, the
minimum price variation (``MPV'') for quoting and entry of orders in
equity securities traded on the NYSE Arca Marketplace is $0.01, with
the exception of securities that are priced less than $1.00 for which
the MPV for order entry is $0.0001.
    Further, NYSE Arca Rule 8.201-E sets forth certain restrictions on
Equity Trading Permit (``ETP'') Holders acting as registered Market
Makers in the Shares to facilitate surveillance. Under NYSE Arca Rule
8.201-E(g), an ETP Holder acting as a registered Market Maker in the
Shares is required to provide the Exchange with information relating to
its trading in the underlying commodity, related futures or options on
futures, or any other related derivatives. Commentary .04 of NYSE Arca
Rule 11.3-E [sic] requires an ETP Holder acting as a registered Market
Maker, and its affiliates, in the Shares to establish, maintain and
enforce written policies and procedures reasonably designed to prevent
the misuse of any material nonpublic information with respect to such
products, any components of the related products, any physical asset or
commodity underlying the product, applicable currencies, underlying
indexes, related futures or options on futures, and any related
derivative instruments (including the Shares).
    As a general matter, the Exchange has regulatory jurisdiction over
its ETP Holders and their associated persons, which include any person
or entity controlling an ETP Holder. A subsidiary or affiliate of an
ETP Holder that does business only in commodities or futures contracts
would not be subject to Exchange jurisdiction, but the Exchange could
obtain information regarding the activities of such subsidiary or
affiliate through surveillance sharing agreements with regulatory
organizations of which such subsidiary or affiliate is a member.
Surveillance
    The Exchange represents that trading in the Shares of the Trust
will be subject to the existing trading surveillances administered by
the Exchange, as well as cross-market surveillances administered by
FINRA on behalf of the Exchange, which are designed to detect
violations of Exchange rules and applicable federal securities
laws.\15\ The

Exchange represents that these procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and federal securities
laws applicable to trading on the Exchange.
---------------------------------------------------------------------------

    \15\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares with other
markets and other entities that are members of the ISG, and the
Exchange or FINRA, on behalf of the Exchange, or both, may obtain
trading information regarding trading in the Shares from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares from markets and other entities that
are members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement (``CSSA'').\16\
---------------------------------------------------------------------------

    \16\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Trust may trade on markets that are members of ISG or with which the
Exchange has in place a CSSA.
---------------------------------------------------------------------------

    Also, pursuant to NYSE Arca Rule 8.201-E(g), the Exchange is able
to obtain information regarding trading in the Shares and the
underlying bitcoin through ETP Holders acting as registered ``Market
Makers'', in connection with such ETP Holders' proprietary or customer
trades through ETP Holders which they effect on any relevant market.
    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
    All statements and representations made in this filing regarding
(a) the description of the portfolios of the Trust or the Index, (b)
limitations on portfolio holdings, reference assets or the Index, or
(c) the applicability of Exchange listing rules specified in this rule
filing shall constitute continued listing requirements for listing the
Shares on the Exchange.
    The issuer has represented to the Exchange that it will advise the
Exchange of any failure by the Trust to comply with the continued
listing requirements, and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor for compliance with the
continued listing requirements. If the Trust is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under NYSE Arca Rule 5.5-E(m).
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Bulletin will discuss the following: (1) The risks involved
in trading the Shares during the Early and Late Trading Sessions when
an updated IFV will not be calculated or publicly disseminated; (2) the
procedures for purchases and redemptions of Shares in Creation Units
(and that Shares are not individually redeemable); (3) NYSE Arca Rule
9.2-E(a), which imposes a duty of due diligence on its ETP Holders to
learn the essential facts relating to every customer prior to trading
the Shares; (4) how information regarding the IFV is disseminated; (5)
how information regarding portfolio holdings is disseminated; (6) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; (7) trading information; and (8) NYSE
Arca suitability rules.
    The Information Bulletin will also discuss any exemptive, no-
action, and interpretive relief granted by the Commission from any
rules under the Act. In addition, the Information Bulletin will
reference that the Trust is subject to various fees and expenses
described in the Registration Statement.
    The Information Bulletin will also disclose the trading hours of
the Shares that the NAV for the Shares will be calculated after 4:00
p.m. E.T. each trading day. The Information Bulletin will disclose that
information about the Shares will be publicly available on the Trust's
website.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \17\ that an exchange have rules that
are 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, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices and to protect
investors and the public interest in that the Shares will be listed and
traded on the Exchange pursuant to the initial and continued listing
criteria in NYSE Arca Rule 8.201-E.
    The Exchange has in place surveillance procedures that are adequate
to properly monitor trading in the Shares in all trading sessions and
to deter and detect violations of Exchange rules and applicable federal
securities laws. The Exchange or FINRA, on behalf of the Exchange, or
both, will communicate as needed regarding trading in the Shares with
other markets and other entities that are members of the ISG, and the
Exchange or FINRA, on behalf of the Exchange, or both, may obtain
trading information regarding trading in the Shares from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares from markets and other entities that
are members of ISG or with which the Exchange has in place a CSSA. The
Exchange is also able to obtain information regarding trading in the
Shares or the underlying bitcoin through ETP Holders, in connection
with such ETP Holders' proprietary or customer trades which they effect
through ETP Holders on any relevant market.
    Quotation and last-sale information regarding the Shares will be
disseminated through the facilities of the CTA. The Trust's website
will also include a form of the prospectus for the Trust that may be
downloaded. The website will include the Shares' ticker and CUSIP
information, along with additional quantitative information updated on
a daily basis for the Trust. The Trust's website will include (1) daily
trading volume, the prior business day's reported NAV and closing
price, and a calculation of the premium and discount of the closing
price or mid-point of the Bid/Ask Price against the NAV; and (2) data
in chart format displaying the frequency distribution of discounts and
premiums of the daily closing price or Bid/Ask Price against the NAV,
within appropriate ranges, for at least each of the four previous
calendar quarters. The Trust's website will be publicly available prior
to the public offering of Shares and accessible at no charge.

    Moreover, prior to the commencement of trading, the Exchange will
inform its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares. The
Information Bulletin will also discuss any exemptive, no-action, and
interpretive relief granted by the Commission from any rules under the
Act. In addition, the Information Bulletin will reference that the
Trust is subject to various fees and expenses described in the
Registration Statement. The Information Bulletin will also disclose the
trading hours of the Shares and that the NAV for the Shares will be
calculated after 4:00 p.m. E.T. each trading day. The Information
Bulletin will disclose that information about the Shares will be
publicly available on the Trust's website.
    Trading in Shares of the Trust will be halted if the circuit
breaker parameters in NYSE Arca Rule 7.12-E have been reached or
because of market conditions or for reasons that, in the view of the
Exchange, make trading in the Shares inadvisable.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of a
new type of exchange-traded product based on the price of bitcoin that
will enhance competition among market participants, to the benefit of
investors and the marketplace. As noted above, the Exchange has in
place surveillance procedures that are adequate to properly monitor
trading in the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.

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 purpose of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of a new
type of Commodity-Based Trust Share based on the price of bitcoin that
will enhance competition among market participants, to the benefit of
investors and the marketplace.

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-NYSEArca-2019-01 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-NYSEArca-2019-01. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2019-01, and should be
submitted on or before March 8, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-02389 Filed 2-14-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 47091-47092]
[DOCID:fr22au07-157]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56273; File No. SR-Amex-2007-91]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Add an Additional Exemption to Rule 24-AEMI Relating to Intermarket
Sweep Orders

August 16, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 16, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by Amex. Amex
filed the proposal as a ``non-controversial'' rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Amex proposes to amend Rule 24-AEMI to add an additional exemption
to its general rule against a member executing a proprietary order
while in possession of a customer order which could trade at the same
price. The exemption would permit a member organization to send an
intermarket sweep order (``ISOs'') as principal under Regulation NMS,
provided that the member organization yields its principal execution to
any open customer order that is required to be protected by Rule 24-
AEMI and is capable of being filled. In addition, if the member
organization executed the ISO to facilitate a customer order at a price
inferior to one or more protected quotations, that customer must
consent to not receiving the better prices obtained by the ISO or the
firm must yield its principal execution to that customer. The Exchange
proposes this change to better harmonize Rule 24-AEMI with recent
changes to the corresponding Rule 92 of the New York Stock Exchange
(``NYSE'').
    The text of the proposed rule change is available on Exchange's Web
site (http://www.amex.com), at Amex's principal office, 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, Amex included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Amex has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 24-AEMI to add an exemption so
that a member organization can comply with its Regulation NMS
obligation without also violating Rule 24-AEMI when facilitating a
customer order that would otherwise require the firm to either violate
Rule 24-AEMI or trade through protected quotations. Under the current
rule, if a member organization is required to route an ISO as principal
to execute against the full displayed size of any protected quotation
in a security, for example, when facilitating a customer order at a
price inferior to the national best bid or offer or other protected
quotations and in compliance with Rules 600(b)(30)(ii) and 611(b)(6) of
Regulation NMS,\5\ the ISO could violate Rule 24-AEMI by trading ahead
of or along with an open customer order.
---------------------------------------------------------------------------

    \5\ 17 CFR 242.600(b)(30)(ii) and 17 CFR 242.611(b)(6).
---------------------------------------------------------------------------

    The proposed exemption provides that, when routing an ISO, the
member organization must yield its principal execution to any open
customer order that is required to be protected by Rule 24-AEMI and is
capable of accepting the fill. As defined in Rule 24-AEMI(a), a
customer order that is required to be protected is an open customer
order that is known to the member organization before entry of the ISO.
In addition, the proposed exemption would require that, if a firm
executes an ISO to facilitate a customer order at a price inferior to
one or more protected quotations, that customer must consent to not
receiving the better price obtained by the ISO or

the firm must yield its principal execution to that customer. For
purposes of this amendment, the Exchange further proposes adopting the
definitions of Regulation NMS in connection with the terms ``protected
quotation'' and ``intermarket sweep order.'' \6\
---------------------------------------------------------------------------

    \6\ See 17 CFR 242.600(b)(30) and (58).
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is designed to be consistent with
Regulation NMS and with Section 6(b) of the Act \7\ in general, and
furthers the objectives of Section 6(b)(5) of the Act \8\ in particular
in that the Exchange's proposed rules are 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

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

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

    The foregoing proposed rule change is subject to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder \10\
because the proposal: (i) Does not significantly affect the protection
of investors or the public interest; (ii) does not impose any
significant burden on competition; and (iii) does not become operative
prior to 30 days after the date of filing or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest; provided that the self-regulatory organization
has given the Commission notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Amex has requested that the Commission waive the five-day pre-
filing requirement and the 30-day operative delay in order to enable
the Exchange to implement this rule change on an expeditious basis,
noting, in particular, the commencement of full industry compliance
with Rules 610 and 611 of Regulation NMS during the ``All Stocks
Phase'' that begins on August 20, 2007. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because the proposed rule change adds
an exemption to Rule 24-AEMI that is identical to that approved as part
of recent amendments to corresponding Rule 92 of the NYSE and does not
raise any new issues of regulatory concern.\11\ For these reasons, the
Commission waives the 30-day operative delay.\12\ The Commission also
waives the five-day pre-filing requirement.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 56017 (July 5,
2007), 72 FR 38110 (July 12, 2007).
    \12\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\13\
---------------------------------------------------------------------------

    \13\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2007-91 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-Amex-2007-91. This file
number should be included on the subject line if e-mail 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 inspection and
copying 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 such filing also will be available for
inspection and copying at the principal office of Amex. 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-Amex-2007-91 and should be
submitted on or before September 12, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-16556 Filed 8-21-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Rules and Regulations]
[Page 41685]
[FR Doc No: 2012-17222]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0627]

Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Hawthorne Bridge across the
Willamette River, mile 13.1, at Portland, OR. This deviation is
necessary to accommodate Portland's Big Float event. This deviation
allows the bridge to remain in the closed position to allow safe
movement of event participants.

DATES: This deviation is effective from 12:30 p.m. on July 29, 2012
through 1:30 p.m. July 29, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0627 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0627 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email the Bridge Administrator, Coast Guard Thirteenth
District; telephone<PHONE_NUMBER> email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Multnomah County has requested that the
Hawthorne lift bridge remain closed to vessel traffic to facilitate
safe, uninterrupted roadway passage of participants of the Big Float
event. The Hawthorne Bridge crosses the Willamette River at mile 13.1
and provides 49 feet of vertical clearance above Columbia River Datum
0.0 while in the closed position. Vessels which do not require a bridge
opening may continue to transit beneath the bridge during this closure
period. Under normal conditions this bridge operates in accordance with
33 CFR 117.897 which allows for the bridge to remain closed between 7
a.m. and 9 a.m. and 4 p.m. and 6 p.m. Monday through Friday. This
deviation period is from 12:30 p.m. on July 29, 2012 through 1:30 p.m.
July 29, 2012. The deviation allows the Hawthorne Bridge across the
Willamette River, mile 13.1, to remain in the closed position and need
not open for maritime traffic from 12:30 p.m. through 1:30 p.m. July
29, 2012. The bridge shall operate in accordance to 33 CFR 117.897 at
all other times. Waterway usage on this stretch of the Willamette River
includes vessels ranging from commercial tug and barge to small
pleasure craft. Mariners will be notified and kept informed of the
bridge's operational status via the Coast Guard Notice to Mariners
publication and Broadcast Notice to Mariners as appropriate. The draw
span will be required to open, if needed, for vessels engaged in
emergency response operations during this closure period.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: June 28, 2012.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2012-17222 Filed 7-13-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74100-74101]
[FR Doc No: 2015-30136]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC16-37-000.
    Applicants: NRG Wholesale Generation LP, Shelby County Energy
Center, LLC.
    Description: Joint Application of NRG Wholesale Generation LP and
Shelby County Energy Center, LLC for Authorization Pursuant to Section
203 of the Federal Power Act, Request for Expedited Action and Request
for Privileged Treatment.
    Filed Date: 11/20/15.
    Accession Number: 20151120-5154.
    Comments Due: 5 p.m. ET 12/11/15.

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

    Docket Numbers: ER15-411-005.
    Applicants: Arizona Public Service Company.
    Description: Compliance filing: Rate Schedule No. 274--Planning

Participation Agreement to be effective 1/1/2015.
    Filed Date: 11/20/15.
    Accession Number: 20151120-5128.
    Comments Due: 5 p.m. ET 12/11/15.

    Docket Numbers: ER16-8-000.
    Applicants: Duke Energy Ohio, Inc.
    Description: Supplement to October 1, 2015 Duke Energy Ohio, Inc.
tariff filing.
    Filed Date: 11/19/15.
    Accession Number: 20151119-5174.
    Comments Due: 5 p.m. ET 12/3/15.

    Docket Numbers: ER16-365-000.
    Applicants: Meyersdale Windpower LLC.
    Description: Baseline eTariff Filing: Meyersdale Windpower LLC
Common Facilities Agreement to be effective 11/20/2015.
    Filed Date: 11/20/15.
    Accession Number: 20151120-5136.
    Comments Due: 5 p.m. ET 12/11/15.

    Docket Numbers: ER16-366-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: Rate Schedule 81, PGE EIM
Implementation Agmt to be effective 1/20/2016.
    Filed Date: 11/20/15.
    Accession Number: 20151120-5149.
    Comments Due: 5 p.m. ET 12/11/15.

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

    Issued: November 20, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30136 Filed 11-25-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Notices]
[Pages 13377-13379]
[FR Doc No: 2012-5328]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66488; File No. SR-Phlx-2012-22]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Fees and Rebates for Adding and Removing Liquidity in Select Symbols

February 29, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''), \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 16, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Section I of the Exchange's Fee
Schedule titled ``Rebates and Fees for Adding and Removing Liquidity in
Select Symbols,'' specifically to amend the Select Symbols \3\ and
transaction fees for Single contra-side orders.
---------------------------------------------------------------------------

    \3\ The term ``Select Symbols'' refers to the symbols which are
subject to the Rebates and Fees for Adding and Removing Liquidity in
Section I of the Exchange's Fee Schedule.
---------------------------------------------------------------------------

    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on March 1, 2012.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the list of
Select Symbols in Section I of the Exchange's Fee Schedule, entitled
``Rebates and Fees for Adding and Removing Liquidity in Select
Symbols,'' in order to attract additional order flow to the Exchange.
    The Exchange displays a list of Select Symbols in its Fee Schedule
at Section I, entitled ``Rebates and Fees for Adding and Removing
Liquidity in Select Symbols,'' which are subject to the rebates and
fees in that section. The Exchange is proposing to delete the following
symbols from the list of Select

Symbols: Ciena Corporation (``CIEN''), Goldman Sachs Group, Inc.
(``GS''), Halliburton Company Common Stock (``HAL''), Las Vegas Sands
Corp. Common Stock (``LVS''), MGM Resorts International (``MGM''),
Micron Technology, Inc. (``MU''), NVidia Corporation (``NVDA''),
Qualcomm Incorporated (``QCOM''), Transocean Ltd (Switzerland) Co.
(``RIG''), Rambus, Inc. (``RMBS''), Silver Wheaton Corp Common Shares
(``SLW''), PowerShares DB USD Index Bull (``UUP''), Visa, Inc. (``V''),
Wynn Resorts, Limited (``WYNN''), United States Steel Corporation
(``X'') and SPDR S&P Oil & Gas Exploration & Production (``XOP'')
(``Deleted Symbols''). These Deleted Symbols would be subject to the
rebates and fees in Section II of the Fee Schedule entitled ``Equity
Options Fees.'' \4\ The Exchange also proposes to add the following
symbols to its list of Select Symbols: iShares MSCI Emerging Index Fund
(``EEM''), iShares MSCI EAFE Index Fund (``EFA''), iShares MSCI Brazil
Index Fund (``EWZ''), iShares Barclays 20 Year Treasury (``TLT''), SPDR
Select Sector Fund (``XLI'') and SPDR Select Sector Fund--Energy
(``XLE'') (``New Select Symbols''). These New Select Symbols would be
subject to the rebates and fees in Section I of the Fee Schedule.
---------------------------------------------------------------------------

    \4\ Section II includes options overlying equities, ETFs, ETNs,
indexes and HOLDRs which are multiply listed.
---------------------------------------------------------------------------

    The Exchange also proposes to amend certain of the Single contra-
side transaction fees in Section I of the Fee Schedule to raise
revenues and allow the Exchange to compete more effectively by
subsidizing rebates for Single contra-side transactions. Specifically,
the Exchange proposes to increase the Single contra-side Fee for
Removing Liquidity for a Directed Participant \5\ from $0.35 to $0.36
per contract. The Exchange also proposes to increase the Single contra-
side Fee for Removing Liquidity for Market Makers \6\ from $0.37 to
$0.38 per contract. The Exchange does not propose to amend the Single
contra-side transaction Fees for Removing Liquidity for Customers,\7\
Firms,\8\ Broker-Dealers \9\ and Professionals.\10\
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    \5\ The term ``Directed Participant'' applies to transactions
for the account of a Specialist, Streaming Quote Trader (``SQT'') or
Remote Streaming Quote Trader (``RSQT'') resulting from a Customer
order that is (1) directed to it by an order flow provider, and (2)
executed by it electronically on Phlx XL II.
    \6\ A ``market maker'' includes Specialists (see Rule 1020) and
Registered Options Traders (``ROTs'') (Rule 1014(b)(i) and (ii),
which includes SQTs (see Rule 1014(b)(ii)(A)) and RSQTs (see Rule
1014(b)(ii)(B)).
    \7\ Customers are assessed a $0.39 per contract Fee for Removing
Liquidity for Single contra-side transactions.
    \8\ Firms are assessed a $0.45 per contract Fee for Removing
Liquidity for Single contra-side transactions.
    \9\ Broker-Dealers are assessed a $0.45 per contract Fee for
Removing Liquidity for Single contra-side transactions.
    \10\ Professionals are assessed a $0.45 per contract Fee for
Removing Liquidity for Single contra-side transactions.
---------------------------------------------------------------------------

    The Exchange is also proposing to make a minor amendment to Section
I of its Fee Schedule to change the caption of Section I, Part A from
``Single contra-side order'' to ``Single contra-side.'' The Exchange
believes that removing the word ``order'' from the title will more
accurately reflect the fees and rebates listed in Section I, Part A
because Market Makers, for example, trade with both quotes and orders.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \11\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \12\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities. The Exchange also believes that it is an equitable
allocation of reasonable rebates among Exchange members and other
persons using its facilities.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that it is reasonable to remove the Deleted
Symbols from its list of Select Symbols to attract additional order
flow to the Exchange. The Exchange believes that applying the fees in
Section II of the Fee Schedule to the Deleted Symbols, including the
opportunity to receive payment for order flow, will attract order flow
to the Exchange. Likewise, the Exchange believes that applying the fees
and rebates in Section I to the New Select Symbols would attract
additional order flow to the Exchange.
    The Exchange believes that it is equitable and not unfairly
discriminatory to amend its list of Select Symbols in order to remove
the Deleted Symbols because the list of Select Symbols would apply
uniformly to all categories of participants in the same manner. All
market participants who trade the Select Symbols would be subject to
the rebates and fees in Section I of the Fee Schedule, which would not
include the Deleted Symbols. Also, all market participants would be
uniformly subject to the fees in Section II, which would include the
Deleted Symbols. Likewise, the Exchange believes that it is equitable
and not unfairly discriminatory to amend its list of Select Symbols to
add the New Select Symbols because these symbols would apply uniformly
to all categories of participants in the same manner. The fees and
rebates in Section I would apply uniformly to all market participants
transacting the New Select Symbols.
    The Exchange believes that increasing the Single contra-side Fees
for Removing Liquidity for Directed Participants and Market Makers by
$0.01 per contract is reasonable because the Exchange is attempting to
further subsidize the rebates it pays for Single contra-side
transactions by increasing fees for certain market participants that
are also recipients of rebates for Single contra-side transactions. In
addition, the Exchange believes that its fees are competitive as
compared to other exchanges.\13\
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    \13\ Both NASDAQ Options Market LLC (``NOM'') and NYSE Arca,
Inc. (``NYSE Arca'') assess a remove fee of $0.45 per contract. See
NOM's fees at Chapter XV, Section 2 and NYSE Arca's Fee Schedule.
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    The Exchange believes that increasing the Single contra-side Fees
for Removing Liquidity for Directed Participants and Market Makers by
$0.01 per contract is equitable and not unfairly discriminatory because
both Directed Participants and Market Makers will continue to be
assessed the lowest Fees for Removing Liquidity as compared to other
market participants. Market Makers \14\ have quoting obligations to the
market which do not apply to Firms, Professionals and Broker-Dealers.
Also, Directed Participants \15\ have higher quoting obligations as
compared to other Market Makers and therefore are assessed a lower fee
as compared to Market Makers.
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    \14\ See Exchange Rule 1014 titled ``Obligations and
Restrictions Applicable to Specialists and Registered Options
Traders.''
    \15\ See Exchange Rule 1014 titled ``Obligations and
Restrictions Applicable to Specialists and Registered Options
Traders.''
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    The Exchange believes that the proposed amendment to the title of
Section I, Part A to remove the word ``order'' is reasonable, equitable
and not unfairly discriminatory because the amendment would correct the
rule text to accurately reflect fees and rebates for Single contra-side
transactions by eliminating the characterization of the transactions as
orders.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not

necessary or appropriate in furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\16\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 No. SR-Phlx-2012-22 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-Phlx-2012-22. 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 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 such filing also will be available for
inspection and copying at the principal office of the Exchange. 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 No. SR-Phlx-2012-22 and should be
submitted on or before March 27, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-5328 Filed 3-5-12; 8:45 am]
BILLING CODE 8011-01-P


DRAFT Page 1 of 6 3/ 16/ 2005 U. S. EPA BOARD OF SCIENTIFIC COUNSELORS Particulate Matter and Ozone Program Subcommittee DRAFT MEETING AGENDA March 30, 2005   April 1, 2005 Environmental Protection Agency 109 T. W. Alexander Drive, Research Triangle Park, NC 27711 Wednesday, March 30, 2005 ( Room C 111 B/ C)___________________________________

8: 00 8: 30 am Registration 8: 30 8: 45 am Welcome and Opening Remarks Dr. Rogene Henderson Subcommittee Chair 8: 45 8: 50 am DFO Welcome and Charge Lawrence Martin ( EPA)  Administrative Procedures & FACA Rules DFO  Objective of this Subcommittee & Charge 8: 50 9: 00 am ORD's Welcome Dr. William Farland ( EPA) Acting DAA   Science, ORD 9: 00 9: 30 am Overview of ORD's Air Program Dr. Daniel Costa ( EPA) ORD Nat'l Prog. Dir. for Air 9: 30 9: 45 am Discussion of General Program Issues Dr. Daniel Costa ( EPA) ORD Nat'l Prog. Dir. for Air 9: 45 10: 00 am Break Session 1: NAAQS Health and Exposure Research 10: 00 10: 30 am Overview: Health & Exposure Dr. Robert Devlin ( EPA) ORD/ NHEERL 10: 30  12: 00 pm Poster Session ( Atrium) Subcommittee 12: 00 12: 30 pm Discussion Subcommittee 12: 30 1: 30 pm Working Lunch Subcommittee DRAFT Page 2 of 6 3/ 16/ 2005 Session 2: Air Quality Management Presentation 1: 30 2: 00pm Overview James Vickery ( EPA) ORD/ NERL 2: 00 3: 30 pm Poster Session ( Atrium) Subcommittee 3: 30 3: 45 pm Break 3: 45 4: 15 pm Discussion Subcommittee 4: 15 5: 30 pm Working Session Subcommittee 5: 30pm Adjourn Thursday, March 31, 2005 ( Room C 111 B/ C)______________________________________

8: 30 8: 40 am Review of Yesterday's Activities Dr. Rogene Henderson Overview of Today's Agenda Subcommittee Chair Session 3: Pollutant Source to Health Outcome: Moving toward an " One Atmosphere" understanding of Air Pollution 8: 40 9: 10 am Overview Dr. Andy Miller ( EPA) ORD/ NRMRL 9: 10 10: 45 am Poster Session ( Atrium) Subcommittee 10: 45   11: 00 am Break 11: 00  11: 30 am Discussion Subcommittee 11: 30 11: 45 am General Discussion across Sessions Subcommittee 11: 45 12: 45 pm Working Lunch Subcommittee Session 4: Perspectives on the Air Program 12: 50 1: 10 pm Science Perspective Dr. Mark Utell Co Dir. PM Ctr. / Univ. Roch.

1: 10 1: 30 pm OAR Perspective John Bachmann ( EPA) OAQPS/ OAR 1: 30 1: 50 pm Public Perspectives 1: 50 2: 00 pm Science / Program wrap up Dr. Daniel Costa ( EPA) ORD Nat'l Prog. Dir. for Air DRAFT Page 3 of 6 3/ 16/ 2005 2: 00 5: 00 pm Break / Work Session Subcommittee 5: 00 pm Debrief Subcommittee Oral Report on Charge Questions 5: 30 pm Adjourn Friday, April 1, 2005 ( Room C 111 B/ C)______________________________________

8: 00 8: 10 am Review of Yesterday's Activities Dr. Rogene Henderson Subcommittee Chair 8: 10 12: 00 pm Work Session DRAFT Page 4 of 6 3/ 16/ 2005 PARTICULATE MATTER RESEARCH PROGRAM REVIEW List of Themes and Poster Titles SESSION 1: HEALTH AND EXPOSURE RESEARCH What are the adverse health effects associated with exposure to PM and how are these effects caused?

What is the relationship between personal exposure and ambient fixed site measurements? Ron Williams ( NERL)

What are the uncertainties associated with the epidemiological estimates of PM health risks and the methods employed in developing those estimates? Joel Schwartz ( Harvard University)

What Are the Physiological Mechanisms by Which PM Causes Adverse Cardiac Effects? William P. Watkinson ( NHEERL)

Does Inhalation of Air Pollution Particles Affect Vascular Function? Mark W. Frampton MD ( University of Rochester)

What Are the Physiological Mechanisms by which PM Causes Adverse Respiratory Effects? Steve Gavett ( NHEERL)

What Are The Cellular and Molecular Mechanisms By Which PM Causes Adverse Health Effects? James M. Samet ( NHEERL)

What are the Long term Health Effects of PM? Morton Lippmann ( New York University)

What are the Long term Health Effects of PM? Barbara Glen ( NCER)

Joel Kaufman ( University of Washington)

ORD science contributes to the development of national ambient air quality standards for PM. Mary Ross ( OAQPS)

ORD Research Affects Public Health Action and Community Outreach. Susan Stone ( OAQPS)

Who is susceptible?

What Do Exposure and Dosimetry Studies Tell Us about the Dose to the Susceptible Populations? Chong Kim ( NHEERL)

How does PM impact subpopulations with Cardiovascular disease ( elderly)? Wayne Cascio ( East Carolina University)

Does Particulate Matter Cause or Exacerbate Asthma? David B. Peden, UNC Center for Environmental Medicine, Asthma & Lung Biology How does underlying Cardiopulmonary Disease Influence Response to PM in Urmila P. Kodavanti DRAFT Page 5 of 6 3/ 16/ 2005 Animals? ( NHEERL)

How are Emerging PM Susceptible Populations are Being Identified and Characterized? Kevin Dreher ( NHEERL)

How Do Gene/ Environment Interactions Modulate PM induced Adverse Heath Effects? Yuh Chin Tony Huang ( NHEERL)

What physical/ chemical attributes of PM are responsible for adverse health effects?

What are the effects of ultrafine particles? Günter Oberdörster ( University of Rochester)

What are the Bioactive Components in Coarse Particulate Matter? Ian Gilmour ( NHEERL)

What are the effects of metals? Andrew Ghio ( NHEERL)

Chemical Mechanisms of Particulate Matter Toxicity John R. Froines, A. K. Cho, A. Nel, C. Sioutas ( University of Southern California)

How can statistical approaches ( e. g. PCA) be used to link PM components with health effects? John Godleski ( Harvard University)

SESSION 2: AIR QUALITY MANAGEMENT What are the sources of PM ( and co pollutants)

How have recent advances in emission estimation methods and models improved inventories of primary PM and precursor gases that form secondary PM and ozone? David Mobley ( NERL), Sue Kimbrough ( NRMRL), Bill Kuykendal ( OAQPS)

How can we more accurately measure emission fluxes of precursor gases emitted from area sources that form secondary PM? Bruce Harris ( NRMRL), John Walker ( NRMRL)

What are the contributions to ambient PM and ozone from biogenic and other natural emission sources? Chris Geron ( NRMRL), Tom Pierce ( NERL)

What are the contributions to ambient PM and ozone concentrations from on road diesel and gasoline vehicles? Rich Baldauf ( NERL), John Kinsey ( NRMRL)

How well can we control emissions of multiple PM precursors from coal fired power plants? Andy Miller ( NRMRL)

How can emissions inventories be improved for source apportionment and health associations? Ted Russell ( Georgia Tech), Alice Gilliland ( NERL)

What is the atmospheric characterization of PM ( and co pollutants)?

How can we measure ambient concentrations of fine and coarse PM mass for regulatory purposes? Bob Vanderpool ( NERL)

How can we measure ambient concentrations of speciated fine and coarse PM mass to support improvements in the ambient air quality standards? Paul Solomon, Tim Waktins ( NERL)

ORD Science Supports Air Quality Modeling Rich Scheffe ( OAQPS)

How can we measure rapid fluctuations in carbonaceous aerosol composition? Jose Jimenez ( CU Boulder)

What are the processes that govern PM ( and co pollutants)? DRAFT Page 6 of 6 3/ 16/ 2005 What are the precursors to and formation processes for secondary organic aerosols? Ed Edney ( NERL)

How are results from ORD's Community Multi scale Air Quality Model ( CMAQ) used to forecast air quality? Ken Schere ( NERL)

How well does CMAQ predict ambient concentration of PM components, PM, and ozone? Alice Gilliland, Robin Dennis, Brian Eder, Prakash Bhave ( NERL)

Air Quality Models Are Used to Predict Reductions in Air Pollution Joe Paisie ( OAQPS)

What characteristics of source emissions can be used to identify the contribution of different source types to ambient PM concentrations? Mike Hays ( NRMRL)

How is CMAQ used to support State and Tribe Implementation Plans for Regional Haze? Gail Tonnesen ( UC Riverside)

How can receptor models be applied to estimate the contribution of different source types to ambient PM concentrations? Shelly Eberly ( NERL)

SESSION 3: SOURCE TO HEALTH OUTCOME Do Exposures to Mobile Source Particles Damage Health? Helen H. Suh ( Harvard PM Center)

Physical and Chemical Characteristics of PM Near Freeways Impacted by Heavy and Light Duty Traffic Constantinos Sioutas, John R. Froines ( Southern California Particle Center)

Health Effects Associated with Particulate Matter Near Southern California Freeways John R. Froines ( Southern California Particle Center)

What are the Effects from Controlled Exposures to Specific Sources? Michael Madden ( NHEERL)

Pulmonary Toxicity of Utah Valley PM: Are Empirical Indices of Adverse Health Effects Coherent with the Epidemiology? Janice A. Dye ( NHEERL)

Source Apportionment and Multi City/ Multi Pollutant Studies Lucas Neas ( NHEERL)

Can laboratory chambers be used to create a complex atmosphere for use in animal exposure studies? Tad Kleindienst ( NERL)

How can organic tracers and source apportionment modeling be used in health studies? James Schauer ( Wisconsin)

How can concentrated ambient particles used in health studies be tied to specific source types? Gary Norris ( NERL)

How can air quality models provide detailed source attribution and component distributions for health studies? Mike Kleeman ( UC Davis)

How Are Ambient Monitoring, Personal Exposure, and Health Related? Allen Vette ( NERL)

ORD research supports mobile source regulatory decision making Rich Baldauf ( OTAQ/ NERL)

Accountability: Measuring Improvements in Public Health from Reduced Air Pollution Susan Stone, John Bachmann ( OAQPS)