[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Page 38572]
[FR Doc No: 2023-12570]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-17, OMB Control No. 3235-0018]

Submission for OMB Review; Comment Request; Extension: Rule 15b6-
1 and Form BDW

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and
Exchange Commission (``Commission'') has submitted to the Office of
Management and Budget (``OMB'') a request for approval of extension of
the previously approved collection of information provided for in Rule
15b6-1 (17 CFR 240.15b6-1), under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.).
    Registered broker-dealers use Form BDW (17 CFR 249.501a) to
withdraw from registration with the Commission, the self-regulatory
organizations, and the states. On average, the Commission estimates
that it would take a broker-dealer approximately one hour to complete
and file a Form BDW to withdraw from Commission registration as
required by Rule 15b6-1. The Commission estimates that approximately
411 broker-dealers withdraw from Commission registration annually \1\
and, therefore, file a Form BDW via the internet with the Central
Registration Depository, a computer system operated by the Financial
Industry Regulatory Authority, Inc. that maintains information
regarding registered broker-dealers and their registered personnel. The
411 broker-dealers that withdraw from registration by filing Form BDW
would incur an aggregate annual reporting burden of approximately 411
hours.\2\
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    \1\ This estimate is based on Form BDW data collected over the
past three years for fully registered broker-dealers. This estimate
is based on the numbers of forms filed; therefore, the number may
include multiple forms per broker-dealer if the broker-dealer's
initial filing was incomplete. In fiscal year (from 10/1 through 9/
30) 2020, 499 broker-dealers withdrew from registration. In fiscal
year 2021, 417 broker-dealers withdrew from registration. In fiscal
year 2022, 318 broker-dealers withdrew from registration. (499 + 417
+ 318)/3 = 411 (rounded down from 411.33).
    \2\ (411 x 1 hour) = 411 hours.
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    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent by July 13, 2023 to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom, Director/Chief Information
Officer, Securities and Exchange Commission, c/o John Pezzullo, 100 F
Street NE, Washington, DC 20549, or by sending an email to:
[email protected].

    Dated: June 7, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-12570 Filed 6-12-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22088-22089]
[FR Doc No: 2017-09683]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 704

[EPA-HQ-OPPT-2010-0572; FRL-9962-58]
RIN 2070-AK39

Chemical Substances When Manufactured or Processed as Nanoscale
Materials; TSCA Reporting and Recordkeeping Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delay of effective date.

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SUMMARY: EPA is hereby extending the effective date of the final rule
that appeared in the Federal Register of January 12, 2017, and
established final reporting and recordkeeping requirements for certain
chemical substances when they are manufactured or processed at the
nanoscale as described in that rule.

DATES: The effective date of the final rule that appeared in the
Federal Register of January 12, 2017 (82 FR 3641), is delayed from May
12, 2017, to August 14, 2017.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2010-0572, is available
electronically at http://www.regulations.gov or in person at the Office
of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental
Protection Agency Docket Center (EPA/DC), West William Jefferson
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
OPPT Docket is<PHONE_NUMBER>. Please review the visitor instructions
and additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim
Alwood, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8974; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is the Agency taking?

    EPA is extending the effective date for a final rule that appeared
in the Federal Register of January 12, 2017 (82 FR 3641; FRL-9957-81)
from May 12, 2017 to August 14, 2017. That rule established final
reporting and recordkeeping requirements for certain chemical
substances when they are manufactured or processed at the nanoscale as
described in that rule. Specifically, the rule requires persons that
manufacture (defined by statute to include import) or process, or
intend to manufacture or process these chemical substances to
electronically report to EPA certain information, which includes
insofar as known to or reasonably ascertainable by the person making
the report, the specific chemical identity, production volume, methods
of manufacture and processing, exposure and release information, and
existing information concerning environmental and health effects. The
rule involves one-time reporting for existing discrete forms of certain
nanoscale materials, and a standing one-time reporting requirement for
new discrete forms of certain nanoscale materials before those new
forms are manufactured or processed.
    Section 553(b)(1)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(1)(B), allows an action to be taken without opportunity for
notice or comment when the agency for good cause finds that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest. In addition, Section 553(d)(3), 5 U.S.C.
553(d)(3), allows the effective date of an action to be less than 30
days when a good cause finding is made. Because of the complex issues
regarding reporting requirements of the rule and the immediate pendency
of the effective date of the reporting requirements, it would be
impractical to make the effective date of this extension 30 days after
its publication, and it would be impractical to get public comments on
an extension of the effective date of the rule. In addition, the public
interest is served by complete and accurate reporting under the rule,
which would be greatly facilitated by publication of the guidance.
Therefore, EPA finds good cause to extend the effective date of the
rule without notice and comment.

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not significant regulatory action as this term is
defined in Executive Order 12866 (58 FR 51735, October 4, 1993). As
such, this action is not subject to the requirements that apply to
significant regulatory actions in Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action simply extends the effective date and does not
otherwise involve any information collection activities subject to the
PRA, 44 U.S.C. 3501 et seq. The information collection activities in 40
CFR part 704 related to TSCA section 8(a) reporting rules are approved
by OMB under the PRA and assigned OMB control No. 2070-0067 (EPA ICR
No. 1198).

C. Regulatory Flexibility Act (RFA)

    I certify under section 605(b) of the RFA, 5 U.S.C. 601 et seq.,
that this action will not have a significant economic impact on a
substantial number of small entities under the RFA.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000).

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not an economically significant
regulatory action as defined by Executive Order 12866.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272
note.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action would not have disproportionately
high and adverse human health or environmental effects on minority,
low-income, or indigenous populations, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 704

    Environmental protection, Chemicals, Hazardous materials, Reporting
and recordkeeping requirements.

    Dated: May 8, 2017.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2017-09683 Filed 5-9-17; 4:15 pm]
 BILLING CODE 6560-50-P


[Federal Register: January 11, 2011 (Volume 76, Number 7)]
[Notices]
[Page 1653-1655]
[DOCID:fr11ja11-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63642; File No. SR-NYSE-2010-87]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Exchange Price List

January 4, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on December 22, 2010, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its 2011 Price List (``Price List'')
for equity transactions to (i) Increase the credits to customers and
floor brokers for transactions when adding liquidity in NYSE-listed
securities, (ii) increase the fees charged to customers, floor brokers
and Designated Market Makers (``DMMs'') for transactions when taking
liquidity in NYSE-listed securities, (iii) create a second tier of
charges for executions of Market-On-Close (``MOC'') and Limit-On-Close
(``LOC'') orders in NYSE-listed securities, with a reduced charge per
share for member organizations that execute an average daily trading
volume (``ADV'') of greater than 14 million shares of MOC/LOC activity
on the Exchange in the current month, (iv) create a tiered structure of
credits to Supplemental Liquidity Providers (``SLPs'') for adding
liquidity to the Exchange in NYSE-listed securities, based on an SLP's
ADV in added liquidity in the applicable month, and (v) adopt a trading
license fee for calendar year 2011. All of the foregoing changes will
only apply to those NYSE-listed securities with a per share stock price
of $1.00 or more. The amended pricing will take effect on January 3,
2011. The text of the proposed rule change is available at the
Exchange, at http://www.nyse.com, at the Commission's Public Reference
Room, and on the Commission's Web site at http://www.sec.gov.

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Price List for equity
transactions to increase the credits to customers and floor brokers for
transactions when adding liquidity in NYSE-listed securities. Under the
proposed new pricing for the trading of NYSE-listed securities,
customers will receive a credit of $0.0015 per share for adding
liquidity, and floor brokers will receive a credit of $0.0017 per share
for adding liquidity. In each case, this is an increase of $0.0002 per
share from the currently applicable rate.
    The Exchange proposes to further amend its Price List for equity
transactions to increase the fees charged to customers, floor brokers
and DMMs for transactions when taking liquidity in NYSE-listed
securities. Under the proposed new pricing for the trading of NYSE-
listed securities, customers and floor brokers will be charged a fee of
$0.0023 per share for taking liquidity, and DMMs will be charged a fee
of $0.0015 per share for taking liquidity. In each case, this is an
increase of $0.0002 per share from the currently applicable rate.
    In addition, the Exchange is proposing to create a second tier of
charges for executions of MOC and LOC orders in NYSE-listed securities,
with a reduced charge of $0.00055 per share for member organizations
that execute an ADV of greater than 14 million shares of MOC/LOC
activity on the Exchange in the current month. Otherwise, the current
rate of $0.00085 per share for executed MOC/LOC orders will be
applicable. The Exchange notes that it has, in the past, had a tiered
structure of charges for MOC/LOC orders based on ADV parameters.\3\ The
proposed second tier of charges for executions of MOC and LOC orders
will reduce charges for those member organizations executing greater
volume at the NYSE close, thereby encouraging market participants to
increase their MOC/LOC activity on the NYSE and facilitating greater
liquidity and improved pricing at the close.\4\
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    \3\ See Securities Exchange Act Release No. 60436 (August 5,
2009), 74 FR 40252 (August 11, 2009) (File No. SR-NYSE-2009-77)
(notice of filing and immediate effectiveness of proposed rule
change by NYSE adding a second MOC/LOC tier).
    \4\ See e-mail from William Love, Chief Counsel, NYSE Euronext,
to Nathan Saunders, Special Counsel, and Andrew Madar, Special
Counsel, Commission, dated January 3, 2011 (``NYSE e-mail'').
---------------------------------------------------------------------------

    The Exchange further proposes to create a tiered structure of
credits to SLPs for adding liquidity to the Exchange in NYSE-listed
securities, based on an SLP's ADV in added liquidity in the applicable
month. Under the proposal, SLPs that meet the SLP 10% quoting
requirement will receive a credit per share per transaction for adding
liquidity, based on total ADV of added liquidity in the applicable
month for all assigned SLP securities, as follows:
     $0.0022 credit per share per transaction if total ADV of
added liquidity is more than 50 million shares
     $0.0021 credit per share per transaction if total ADV of
added liquidity is more than 20 million shares but not more than 50
million shares
     $0.0020 credit per share per transaction if total ADV of
added liquidity is more than 10 million shares but not more than 20
million shares
    For all other SLP transactions that add liquidity to the Exchange
but do not qualify for any of the foregoing credits, the credit will be
$0.0015 per share per transaction, representing an increased credit of
$0.0002 per share from the current rate for that lowest tier.
    The Exchange is also adding a new footnote 4 to the Price List
stating that the ADV calculations described above will exclude early
closing days. The Exchange notes that it had this same footnote in its
Price List in the recent past,\5\ but it was inadvertently eliminated
when a paragraph containing it was deleted.
---------------------------------------------------------------------------

    \5\ See, e.g., Exhibit 5, footnote 9, in File No. SR-NYSE-2010-
34.
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    These changes are intended to be effective immediately for all
transactions beginning January 3, 2011 and are only applicable to those
NYSE-listed securities with a per share stock price of $1.00 or more.
    Finally, NYSE Rule 300(b) provides that, in each annual offering,
up to 1366 trading licenses for the following calendar year will be
sold annually at a price per trading license to be established each
year by the Exchange pursuant to a rule filing submitted to the
Commission and that the price per trading license will be published
each year in the Exchange's price list. The Exchange proposes to
establish a trading license fee for calendar year 2011 of $40,000. This
is the same as the trading

license fee charged in calendar years 2009 and 2010.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\6\ in general, and Section 6(b)(4) of the Act,\7\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Exchange believes
that the proposal does not constitute an inequitable allocation of
fees, as all similarly situated member organizations will be subject to
the same fee structure and access to the Exchange's market is offered
on fair and non-discriminatory terms. The Exchange believes that the
proposed amendments to the Price List represent an equitable allocation
of dues and fees in that the increase in the credit to customers and
floor brokers when adding liquidity is the same ($0.0002 per share) and
such credits are intended to encourage greater liquidity at the NYSE
quote and narrower spreads.\8\ The proposed increase in the charge for
transactions taking liquidity from the NYSE is the same for customers,
floor brokers and DMMs ($0.0002 per share) and corresponds to the
increase in credits for providing liquidity.\9\
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ See NYSE e-mail, supra note 4. The Exchange notes that the
reasons for the difference between floor broker and customer credits
on the NYSE (the floor broker credit is currently $0.0002 higher and
will remain $0.0002 higher after the proposed fee changes are
effective) were originally discussed in a 2008 filing by the
Exchange, SR-NYSE-2008-15. In that filing, which established a
credit of $0.0004 per share for execution of orders sent directly to
the floor broker for representation on the NYSE when adding
liquidity to the NYSE Display Book system, the Exchange stated:
``Technological limitations make it impossible for floor brokers to
post orders on other markets while at the point of sale on the
Exchange. Therefore, unlike other Exchange users, they are unable to
benefit from the incentives certain other markets provide to
customers who provide liquidity. The time that would elapse if a
floor broker sent the order to his booth or upstairs trading desk
for execution on another market means that, if the floor broker
utilized this alternative, the trade would likely not get executed
at the desired price. The Exchange believes this disparity places
floor brokers at a competitive disadvantage to other Exchange
customers and believes that the proposed credit will mitigate the
effects of that disadvantage while also attracting additional
liquidity to the Exchange.'' The Statutory Basis section of that
2008 filing further stated that, ``The Exchange believes that the
proposed credit represents an equitable allocation of reasonable
dues, fees, and other charges because floor brokers are integral to
the Exchange's market model and the proposed credit lessens the
impact on floor brokers of the competitive disadvantage arising out
of the difficulty they experience in availing themselves or their
customers of liquidity credits on other markets.'' See Securities
Exchange Act Release No. 57433 (March 5, 2008), 73 FR 13064 (March
11, 2008) (File No. SR-NYSE-2008-15). The Exchange believes that the
rationale stated in the 2008 filing applies equally to the current
situation in which floor broker credits for adding liquidity are
slightly higher than customer credits for adding liquidity. See NYSE
e-mail, supra note 4.
    \9\ See NYSE e-mail, supra note 4.
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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 rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed on its members by the NYSE.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2010-87 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 Number SR-NYSE-2010-87. 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 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 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; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2010-87 and should be submitted on or before February 1, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-321 Filed 1-10-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Rules and Regulations]
[Pages 13086-13087]
[FR Doc No: 2011-5077]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1179; Airspace Docket No. 10-ANM-9]
RIN 2120-AA66

Establishment of Area Navigation (RNAV) Routes; Western United
States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes six High Altitude Area Navigation
(RNAV) routes in the Western United States (U.S.). These new routes
provide pilots and air traffic controllers with efficient direct routes
enhancing safety and improving the efficient use of the National
Airspace System (NAS).

DATES: Effective date 0901 UTC, May 5, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace Regulation and
ATC Procedures Group, Office of Mission Support Services, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On December 9, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish RNAV routes in the
Western U.S. (75 FR 76652). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received in response to the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing six RNAV Q-routes in the Western United States.
The RNAV routes described in this action will enhance safety, and
facilitate more flexible and efficient use of the navigable airspace
for en route Instrument Flight Rules (IFR) operations within the NAS.
Specifically, these routes will improve arrival flow from the Denver,
CO, Terminal area to the San Francisco/Oakland, CA, Terminal area and
improve arrival flow from and through Salt Lake ARTCC to the San
Francisco/Oakland, CA, Terminal area.
    High Altitude RNAV Routes are published in paragraph 2006 in FAA
Order 7400.9U, Airspace Designations and Reporting Points, dated August
18, 2010, and effective September 15, 2010, which is incorporated by
reference in 14 CFR 71.1. The airspace designations listed in this
document would be published subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes RNAV routes in the Western United States.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, Environmental Impacts: Polices and Procedures,
paragraph 311a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no

extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9U,
Airspace Designations and Reporting Points, dated August 18, 2010, and
effective September 15, 2010, is amended as follows:

Paragraph 2006 United States area navigation routes.

* * * * *

Q-134 DUGLE to VOAXA [New]

DUGLE.......................  FIX.................  (Lat. 37[deg]51'54'' N., long. 120[deg]40'04'' W.)
TATOO.......................  WP..................  (Lat. 38[deg]19'42'' N., long. 117[deg]16'50'' W.)
JULIK.......................  FIX.................  (Lat. 39[deg]09'11'' N., long. 112[deg]31'33'' W.)
HERSH.......................  WP..................  (Lat. 39[deg]30'46'' N., long. 109[deg]59'07'' W.)
VOAXA.......................  FI..................  (Lat. 39[deg]47'18'' N., long. 106[deg]31'58'' W.)

                                                  * * * * * * *
Q-136 OAL to VOAXA [New]

OAL.........................  VORTAC..............  (Lat. 38[deg]00'12'' N., long. 117[deg]46'14'' W.)
RUMPS.......................  WP..................  (Lat. 38[deg]07'10'' N., long. 117[deg]16'15'' W.)
KATTS.......................  WP..................  (Lat. 38[deg]20'00'' N., long. 116[deg]20'00'' W.)
WEEMN.......................  WP..................  (Lat. 39[deg]21'57'' N., long. 109[deg]58'03'' W.)
VOAXA.......................  FIX.................  (Lat. 39[deg]47'18'' N., long. 106[deg]31'58'' W.)

                                                  * * * * * * *
Q-138 ILA to ABR [New]

ILA.........................  VORTAC..............  (Lat. 39[deg]04'16'' N., long. 122[deg]01'38'' W.)
FIMUV.......................  WP..................  (Lat. 39[deg]49'05'' N., long. 120[deg]11'17'' W.)
JENSA.......................  WP..................  (Lat. 40[deg]11'36'' N., long. 119[deg]13'27'' W.)
PUHGI.......................  WP..................  (Lat. 40[deg]47'38'' N., long. 117[deg]45'32'' W.)
ROOHZ.......................  WP..................  (Lat. 41[deg]14'12'' N., long. 116[deg]12'58'' W.)
PARZZ.......................  WP..................  (Lat. 41[deg]36'15'' N., long. 115[deg]02'10'' W.)
UROCO.......................  WP..................  (Lat. 42[deg]51'52'' N., long. 110[deg]50'25'' W.)
RICCO.......................  WP..................  (Lat. 43[deg]48'29'' N., long. 107[deg]02'30'' W.)
MOTLY.......................  WP..................  (Lat. 44[deg]45'50'' N., long. 102[deg]25'43'' W.)
ABR.........................  VOR/DME.............  (Lat. 45[deg]25'02'' N., long. 098[deg]22'07'' W.)

                                                  * * * * * * *
Q-121 PARZZ to TOUGH [New]

PARZZ.......................  WP..................  (Lat. 41[deg]36'15'' N., long. 115[deg]02'10'' W.)
PIH.........................  VORTAC..............  (Lat. 42[deg]52'13'' N., long. 112[deg]39'08'' W.)
TOUGH.......................  WP..................  (Lat. 46[deg]13'58'' N., long. 105[deg]12'52'' W.)

                                                  * * * * * * *
Q-123 PARZZ to COKEE [New]

PARZZ.......................  WP..................  (Lat. 41[deg]36'15'' N., long. 115[deg]02'10'' W.)
COKEE.......................  WP..................  (Lat. 47[deg]22'25'' N., long. 106[deg]51'49'' W.)

                                                  * * * * * * *
Q-125 PARZZ to WLLES [New]

PARZZ.......................  WP..................  (Lat. 41[deg]36'15'' N., long. 115[deg]02'10'' W.)
WLLES.......................  WP..................  (Lat. 48[deg]57'33'' N., long. 110[deg]08'18'' W.)

    Issued in Washington, DC, on March 1, 2011.
Rodger A. Dean,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-5077 Filed 3-9-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69726-69729]
[FR Doc No: 2010-28686]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63271; File No. SR-ISE-2010-107]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To List and Trade Options on Leveraged Exchange-Traded Notes and
To Broaden the Definition of ``Futures-Linked Securities''

November 8, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 29, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which items have been prepared by
the Exchange. The 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 its Rule 502(k) to: (a) Permit
trading options on leveraged (multiple or inverse) exchange-traded
notes, and (b) broaden the definition of ``Futures-Linked Securities.''
The text of the proposed rule change is available on the Exchange's Web
site http://www.ise.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 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 self-regulatory organization 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 ISE Rule 502(k) to: (a) Permit
trading options on leveraged (multiple or inverse) exchange-traded
notes (``ETNs''), and (b) broaden the definition of ``Futures-Linked
Securities.'' ETNs are also known as ``Index-Linked Securities,'' which
are designed for investors who desire to participate in a specific
market segment by providing exposure to one or more identifiable
underlying securities, commodities, currencies, derivative instruments
or market indexes of the foregoing. Index-Linked Securities are the
non-convertible debt of an issuer that have a term of at least one (1)
year but not greater than thirty (30) years. Despite the fact that
Index-Linked Securities are linked to an underlying index, each trade
as a single, exchange-listed security. Accordingly, rules pertaining to
the listing and trading of standard

equity options apply to Index-Linked Securities.
Leveraged ETN Options
    The Exchange proposes to amend Rule 502(k) to permit the listing of
options on leveraged (multiple or inverse) ETNs. Multiple leveraged
ETNs seek to provide investment results that correspond to a specified
multiple of the percentage performance on a given day of a particular
Reference Asset. Inverse leveraged ETNs seek to provide investment
results that correspond to the inverse (opposite) of the percentage
performance on a given day of a particular Reference Asset by a
specified multiple. Multiple leveraged ETNs and inverse leveraged ETNs
differ from traditional ETNs in that they do not merely correspond to
the performance of a given Reference Asset, but rather attempt to match
a multiple or inverse of a Reference Asset's performance.
    The Barclays Long B Leveraged S&P 500 TR ETN (``BXUB''), the
Barclays Long C Leveraged S&P 500 TR ETN (``BXUC'') and the UBS AG 2x
Monthly Leveraged Long Exchange Traded Access Securities (``E-TRACS'')
linked to the Alerian MLP Infrastructure Index due July 9, 2040
(``MLPL'') currently trade on the NYSE Arca Stock Exchange and are
examples of multiple leveraged ETNs. In addition, the Barclays ETN +
Inverse S&P 500 VIX Short-Term Futures ETN (``XXV'') currently trades
on the NYSE Arca Stock Exchange and is an example of an inverse
leveraged ETN. The NYSE Arca Stock Exchange also lists several other
inverse leveraged ETNs for trading.\3\
---------------------------------------------------------------------------

    \3\ These ETNs include: The Barclays Short B Leveraged Inverse
S&P 500 TR ETN (``BXDB''), the Barclays Short C Leveraged Inverse
S&P 500 TR ETN (``BXDC'') and the Barclays Short D Leveraged Inverse
S&P 500 TR ETN (``BXDD'').
---------------------------------------------------------------------------

    Currently, ISE Rule 502(k) provides that securities deemed
appropriate for options trading shall include shares or other
securities (``Equity Index-Linked Securities,'' ``Commodity-Linked
Securities,'' ``Currency-Linked Securities,'' ``Fixed Income Index-
Linked Securities,'' ``Futures-Linked Securities,'' and ``Multifactor
Index-Linked Securities,'' collectively known as ``Index-Linked
Securities'') that are principally traded on a national securities
exchange and an ``NMS Stock'' (as defined in Rule 600 of Regulation NMS
under the Securities Exchange Act of 1934), and represent ownership of
a security that provides for the payment at maturity, as described
below:
     Equity Index-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the performance
of an underlying index or indexes of equity securities (``Equity
Reference Asset'');
     Commodity-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the performance
of one or more physical commodities or commodity futures, options on
commodities, or other commodity derivatives or Commodity-Based Trust
Shares or a basket or index of any of the foregoing (``Commodity
Reference Asset'');
     Currency-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of
one or more currencies, or options on currencies or currency futures or
other currency derivatives or Currency Trust Shares (as defined in ISE
Rule 502(h), or a basket or index of any of the foregoing (``Currency
Reference Asset'');
     Fixed Income Index-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of one or more notes, bonds, debentures or evidence of
indebtedness that include, but are not limited to, U.S. Department of
Treasury securities (``Treasury Securities''), government-sponsored
entity securities (``GSE Securities''), municipal securities, trust
preferred securities, supranational debt and debt of a foreign country
or a subdivision thereof or a basket or index of any of the foregoing
(``Fixed Income Reference Asset'');
     Futures-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of an
index of (a) futures on Treasury Securities, GSE Securities,
supranational debt and debt of a foreign country or a subdivision
thereof, or options or other derivatives on any of the foregoing; or
(b) interest rate futures or options or derivatives on the foregoing in
this subparagraph (b); or (c) CBOE Volatility Index (VIX) futures
(``Futures Reference Asset''); and
     Multifactor Index-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of any combination of two or more Equity Reference Assets,
Commodity Reference Assets, Currency Reference Assets, Fixed Income
References Assets, or Futures Reference Assets (``Multifactor Reference
Asset'').
    For purposes of ISE Rule 502(k), Equity Reference Assets, Commodity
Reference Asset, Currency Reference Assets, Fixed Income Reference
Assets, Futures Reference Assets together with Multifactor Reference
Assets, collectively are referred to as ``Reference Assets.''
    In addition, Index-Linked Securities must meet the criteria and
guidelines for underlying securities set forth in Rule 502(b); or (ii)
the Index-Linked Securities must be redeemable at the option of the
holder at least on a weekly basis through the issuer at a price related
to the applicable underlying Reference Asset. In addition, the issuing
company is obligated to issue or repurchase the securities in
aggregation units for cash, or cash equivalents, satisfactory to the
issuer of Index-Linked Securities which underlie the option as
described in the Index-Linked Securities prospectus.
    The Exchange proposes to amend ISE Rule 502(k) to expand the type
of Index-Linked Securities that may underlie options to include
leveraged (multiple or inverse) ETNs. To affect this change, the
Exchange proposes to amend ISE Rule 502(k) by adding the phrase, ``or
the leveraged (multiple or inverse) performance'' to each of the
subparagraphs ((i) through (vi)) in that section which set forth the
different eligible Reference Assets.
    The Exchange's current continuing listing standards for ETN options
will continue to apply. Specifically, under ISE Rule 503(k), ETN
options shall not be deemed to meet the Exchange's requirements for
continued approval, and the Exchange shall not open for trading any
additional series or option contracts of the class covering such
Securities whenever the underlying Securities are delisted and trading
in the Securities is suspended on a national securities exchange, or
the Securities are no longer an ``NMS Stock'' (as defined in Rule 600
of Regulation NMS under the Securities Exchange Act of 1934). In
addition, the Exchange shall consider the suspension of opening
transactions in any series of options of the class covering Index-
Linked Securities in any of the following circumstances: (1) The
underlying Index-Linked Security fails to comply with the terms of ISE
Rule 502(k); (2) in accordance with the terms of ISE Rules 503(a) and
(b), in the case of options covering Index-Linked Securities when such
options were approved pursuant to ISE Rule 502(k), except that, in the
case of options covering Index-Linked Securities approved pursuant to
ISE Rule 502(k)(3) that are redeemable at the option of the holder at
least on a weekly basis, then option contracts of the class covering
such Securities may only continue to be open for trading as long as the
Securities are listed on a national securities exchange and are ``NMS''
stock as defined in Rule 600 of Regulation NMS; (3) in the case of any
Index-Linked Security trading pursuant to ISE Rule

502(k), the value of the Reference Asset is no longer calculated; or
(4) such other event shall occur or condition exist that in the opinion
of the Exchange make further dealing in such options on the Exchange
inadvisable. Expanding the eligible types of ETNs for options trading
under ISE Rule 502(k) will not have any effect on the rules pertaining
to position and exercise limits \4\ or margin.\5\
---------------------------------------------------------------------------

    \4\ See ISE Rules 412, Position Limits and 414, Exercise Limits.
    \5\ See ISE Rules 1200-1204, the Exchange's rules governing
margin.
---------------------------------------------------------------------------

    This proposal is necessary to enable the Exchange to list and trade
options on shares of the BXUB, BXUC, XXV, BXDB, BXDC, BXDD and the
MLPL. The Exchange believes the ability to trade options on leveraged
(multiple or inverse) ETNs will provide investors with greater risk
management tools. The proposed amendment to the Exchange's listing
criteria for options on ETNs is necessary to ensure that the Exchange
will be able to list options on the above listed leveraged (multiple
and inverse) ETNs as well as other leveraged (multiple and inverse)
ETNs that may be introduced in the future.
    The Exchange represents that its existing surveillance procedures
applicable to trading in options are adequate to properly monitor the
trading in leveraged (multiple and inverse) ETN options.
    It is expected that The Options Clearing Corporation will seek to
revise the Options Disclosure Document (``ODD'') to accommodate the
listing and trading of leveraged (multiple and inverse) ETN options.
Broaden the Definition of ``Futures-Linked Securities''
    The second change being proposed by this filing is to amend the
definition of ``Future [sic]-Linked Securities'' set forth in ISE Rule
502(k)(1)(v). Currently, the definition of ``Futures-Linked
Securities'' is limited to securities that provide for the payment at
maturity of a cash amount based on the performance of an index of (a)
Futures on Treasury Securities, GSE Securities, supranational debt and
debt of a foreign country or a subdivision thereof, or options or other
derivatives on any of the foregoing; or (b) interest rate futures or
options or derivatives on the foregoing in this subparagraph (b); or
(c) CBOE Volatility Index (VIX) futures.
    ISE Rule 502 sets forth generic listing criteria for securities
that may serve as underlyings for listed options trading. The Exchange
believes that the current definition of ``Futures-Linked Securities''
is unnecessarily restrictive and requires the Exchange to submit a
filing to amend the definition each time a new ETN is issued that
tracks the performance of an index of futures/options on futures that
is not enumerated in the existing rule. To address this issue, the
Exchange is proposing to revise the definition of ``Futures-Linked
Securities'' to provide that they are securities that for the payment
at maturity of a cash amount based on the performance or the leveraged
(multiple or inverse) performance of an index or indexes of futures
contracts or options or derivatives on futures contracts (``Futures
Reference Asset''). The Exchange notes that all ETNs eligible for
options trading must be principally traded on a national securities
exchange and must be an ``NMS Stock.'' As a result, the Exchange
believes that broadening the definition of ``Futures-Linked
Securities'' by no longer specifically listing the types of futures and
options on futures contracts that may be tracked by an ETN is
appropriate.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \6\ of the Securities Exchange Act of 1934 (the
``Act'') and the rules and regulations under the Act, in general, and
furthers the objectives of Section 6(b)(5),\7\ in particular, in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanisms of a free and open market and a national market system,
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rules applicable to trading
pursuant to generic listing and trading criteria serve to foster
investor protection.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that the Exchange can list and trade
options on leveraged (multiple or inverse) ETNs and implement the
amended definition of ``Futures-Linked Securities'' immediately. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\10\ The Commission notes the proposal is substantively
identical a proposal that was recently approved by the Commission, and
does not raise any new regulatory issues.\11\ For these reasons, the
Commission designates the

proposed rule change as operative upon filing.
---------------------------------------------------------------------------

    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \11\ See Securities Exchange Act Release No. 63202 (October 28,
2010), 75 FR 67794 (November 3, 2010) (SR-CBOE-2010-080).
---------------------------------------------------------------------------

    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.

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-ISE-2010-107 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 Number SR-ISE-2010-107. 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 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 the filing also will be available for
inspection and copying at the principal office of the Exchange.\12\ 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-ISE-2010-107 and should be
submitted on or before December 6, 2010.
---------------------------------------------------------------------------

    \12\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov.
    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28686 Filed 11-12-10; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY
                             2000 TRAVERWOOD ROAD
                           ANN ARBOR, MI  48105-2498

									          	OFFICE OF
										AIR AND RADIATION

July 21, 2011

MEMORANDUM

SUBJECT:	Meeting with Oshkosh and Pierce

FROM:	Angela Cullen, Mechanical Engineer

TO:		Docket EPA-HQ-OAR-2010-0162

This memorandum documents a meeting held on April 28, 2011 between Oshkosh, Pierce, DOT and EPA staff.  The following people attended:

      Oshkosh: Roger Lackore

      Pierce: Mike Power

      DOT: Coralie Cooper, Maurice Hicks

      EPA: Byron Bunker, Cle Jackson, Cheryl Bynum, and Angela Cullen

The discussion focused on the following:
   * Utility needs of fire trucks
   * Tires used on fire trucks
   * Airport Rescue Fire Fighting vehicles
   * Needs of other vocational vehicles such as concrete mixers, refuse haulers, recovery vehicles, snow plows, and emergency vehicles
   * Exemptions for exports


[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Page 56364]
[FR Doc No: 2018-24693]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4390-DR; Docket ID FEMA-2018-0001]

Minnesota; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Minnesota (FEMA-4390-DR), dated September 5, 2018, and related
determinations.

DATES: This amendment was issued November 2, 2018.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is now June 15 to July 12, 2018.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-24693 Filed 11-9-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27707-27709]
[FR Doc No: 2018-12763]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0528]
RIN 1625-AA00

Safety Zone; Hope Chest Buffalo Niagara Dragon Boat Festival,
Buffalo River, Buffalo, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Buffalo River, Buffalo, NY. This safety zone is
intended to restrict vessels from portions of the Buffalo River during
the Hope Chest Buffalo Niagara Dragon Boat Festival. This temporary
safety zone is necessary to protect mariners and vessels from the
navigational hazards associated with this event. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Buffalo.

DATES: This rule is effective from 8:00 a.m. until 5:30 p.m. on June
16, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0528 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Michael Collet, Chief Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA)(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause find that those
procedures are ``impracticable, unnecessary, or contrary to public
interest.'' On April 19, 2018, the Captain of the Port (COTP) Buffalo
published a notice of proposed rulemaking (NPRM), Docket Number USCG-
2017-1112, to make temporary safety zones for annual events a final
rule. This event was included in the NPRM. Its purpose was to mitigate
potential threats to personnel, vessels, and the marine environment in
the navigable waters within the specified safety zones. The NPRM
addressed these concerns, and invited the public to comment during the
comment period, which ended on May 21, 2018. As such, it is unnecessary
to publish an NPRM for this temporary rule because the public had
opportunity to comment on it and no comments were received concerning
this event.
    Under 5 U.S.C 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard intends to
establish a permanent safety zone in the future under Docket Number
USCG-2017-1112. Delaying the effective date would be contrary to the
rule's objectives of ensuring safety of life on the navigable waters
and protection of persons and vessels in the vicinity of the planned
event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo (COTP) has determined the Hope
Chest Buffalo Niagara Dragon Boat Festival presents significant risks
to the public safety and property. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the event takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone on June 16, 2018, from 8:00
a.m. until 5:30 p.m. The safety zone will encompass all waters of the
Buffalo River, Buffalo, NY starting at position 42[deg]52'12.60'' N,
078[deg]52'17.0'' W then Southeast to 42[deg]52'03.0'' N,
078[deg]52'12.0'' W then East

to 42[deg]52'03.0'' N, 078[deg]52'10.0'' W then Northwest to
42[deg]52'13.0'' N, 078[deg]52'16.0'' W then returning to the point of
origin.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the conclusion
that this rule is not a significant regulatory action. We anticipate
that it will have minimal impact on the economy, will not interfere
with other agencies, will not adversely alter the budget of any grant
or loan recipients, and will not raise any novel legal or policy
issues. The safety zone created by this rule will be relatively small
and enforced for a relatively short time. Also, the safety zone has
been designed to allow vessels to transit around it. Thus, restrictions
on vessel movement within that particular area are expected to be
minimal. Under certain conditions, moreover, vessels may still transit
through the safety zone when permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule
establishes a temporary safety zone. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0528 to read as follows:

Sec.  165.T09-0528   Safety Zone; Hope Chest Buffalo Niagara Dragon
Boat Festival, Buffalo River, Buffalo, NY.

    (a) Location. The safety zone will encompass all waters of the
Buffalo River, Buffalo, NY starting at position 42[deg]52'12.60'' N,
078[deg]52'17.0'' W then Southeast to 42[deg]52'03.0'' N,
078[deg]52'12.0'' W then East to 42[deg]52'03.0'' N, 078[deg]52'10.0''
W then Northwest to 42[deg]52'13.0'' N, 078[deg]52'16.0'' W then
returning to the point of origin.
    (b) Enforcement period. This regulation will be enforced from 8:00
a.m. until 5:30 p.m. on June 16, 2018.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 8, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-12763 Filed 6-13-18; 8:45 am]
 BILLING CODE 9110-04-P


DRAFT AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

November 3, 2009

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2009-0759

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Presentation of the Approach to Reevaluate Atrazine

Please note that all times are approximate (see note at end of Agenda).

Tuesday, November 3, 2009

9:00   A.M.	Opening of Meeting and Administrative Procedures – Joseph
Bailey, Designated Federal Official, Office of Science Coordination and
Policy, EPA

9:05   A.M. 	Introduction and Identification of Panel Members – Steven
Heeringa, Ph.D., FIFRA Scientific Advisory Panel Chair

9:10   A.M.	Goals and Objectives – Steven Bradbury, Ph.D., Deputy
Director, Office of Pesticide Programs, EPA

9:15   A.M.	Overview of Reevaluation Approach – Tina Levine, Ph.D.
Director Health Effects Division, Office of Pesticide Programs, EPA

9:30   A.M.	Public Comment

11:00 A.M.	Break

11:15 A.M.	Panel Discussion

12:00 P.M.	Adjourn

Please be advised that agenda times are approximate; when the discussion
for one topic is completed, discussions for the next topic will begin.
For further information, please contact the Designated Federal Official
for this meeting, Joseph Bailey, via telephone:<PHONE_NUMBER>; fax:
(202) 564-8382; or email<EMAIL_ADDRESS>
 PAGE

 PAGE   2


[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42329-42330]
[FR Doc No: 2018-17960]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83855; File No. SR-CboeEDGA-2018-014]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change Related
to Fees for Use on Cboe EDGA Exchange, Inc.

August 15, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 1, 2018, Cboe EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') 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
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend the Exchange's fee schedule
applicable to its equities trading platform to: (1) Eliminate rebates
provided to orders in securities priced above $1.00 that remove
liquidity from the Exchange's order book under fee codes DR, DT, HR,
MT, and PT, and (2) increase the routing fee charged to orders routed
to Investors Exchange LLC using the DIRC routing strategy under fee
code IX.
    The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.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 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 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 purpose of the proposed rule change is to amend the Exchange's
fee schedule applicable to its equities trading platform (``EDGA
Equities'') to: (1) Eliminate rebates provided to orders in securities
priced above $1.00 that remove liquidity from the Exchange's order book
under fee codes DR,\5\ DT,\6\ HR,\7\ MT,\8\ and PT,\9\ and (2) increase
the routing fee charged to orders routed to Investors Exchange LLC
(``IEX'') using the DIRC \10\ routing strategy under fee code IX.\11\
---------------------------------------------------------------------------

    \5\ DR and DT are associated with MidPoint Discretionary Orders
(``MDOs'') that remove liquidity, either not within discretionary
range (i.e., DR) or within discretionary range (i.e., DT).
    \6\ Id.
    \7\ HR is associated with Non-Displayed orders that remove
liquidity.
    \8\ MT is associated with Non-Displayed orders that remove
liquidity using Mid-Point Peg.
    \9\ PT is associated with orders that remove liquidity from EDGA
using RMPT or RMPL routing strategy.
    \10\ Destination Specific or ``DIRC'' is a routing option under
which an order checks the System for available shares and then is
sent to an away trading center or centers specified by the User. See
Rule 11.11(g)(14).
    \11\ IX is associated with orders routed to IEX using the DIRC
routing strategy.
---------------------------------------------------------------------------

Fee Codes DR, DT, HR, MT, and PT: Non-Displayed Remove Fee
    The Exchange charges fees based on an inverted fee structure where
orders are provided rebates for removing liquidity and charged a fee
for adding liquidity. Currently, both displayed and non-displayed
orders in securities priced at or above $1.00 are provided a rebate of
$0.00040 for removing liquidity. The Exchange proposes to eliminate the
rebate for orders that remove liquidity from the Exchange's order book
under fee codes DR, DT, HR, MT, and PT, which all relate to liquidity
removing orders that contain either an explicit non-displayed
instruction or a non-displayed discretionary component.\12\ Orders
executed under these fee codes will receive free executions instead of
a rebate.
---------------------------------------------------------------------------

    \12\ While MDOs may be displayed or non-displayed, these orders
contain a non-displayed discretionary component to execute at prices
up (down) to and including the midpoint of the NBBO. See Rule
11.8(e).
---------------------------------------------------------------------------

Fee Code IX: IEX Routing Fees
    Currently, the fee schedule provides that orders in securities
priced at or above $1.00 routed to IEX using the Destination Specific
(i.e., ``DIRC'') routing strategy are charged a fee of $0.0010 per
share under fee code IX. The Exchange proposes to increase the routing
fee charged to orders routed to IEX to $0.0030 so that the Exchange can
recoup increased costs associated with routing order flow to that
market.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\13\ in general, and
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities.
---------------------------------------------------------------------------

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

Fee Codes DR, DT, HR, MT, and PT: Non-Displayed Remove Fee
    The Exchange believes that the proposed fees for non-displayed
orders are reasonable. While the Exchange currently provides a rebate
for both displayed and non-displayed orders that remove liquidity, the
Exchange has determined to instead charge no fee for non-displayed
orders. This change is designed to incentivize Members to enter
displayed liquidity on the Exchange since displayed orders would be
eligible for rebates when removing liquidity while non-displayed orders
would not. Furthermore, the Exchange's inverted fee structure would
continue to incentivize liquidity takers since orders that remove
liquidity would remain eligible for better pricing--including rebates
for displayed orders and free executions for non-displayed orders--than
orders that add liquidity and are charged a fee. In addition, the
Exchange believes that this change is equitable and not unfairly
discriminatory because the proposed taker fees would apply equally to
all Members that choose to enter non-displayed orders. Members that
would prefer to receive a rebate for orders that remove liquidity can
utilize a range of displayed order types offered by the Exchange,
thereby promoting a more transparent market.
Fee Code IX: IEX Routing Fees
    As other exchanges amend the fees charged for accessing liquidity,
the Exchange believes that it is appropriate

to amend its own routing fees so that it can recoup costs associated
with routing orders to such away markets. The Exchange believes that
the proposed fees for orders routed to IEX are reasonable and equitable
because they reflect the costs associated with executing orders on IEX
and additional operational expenses incurred by the Exchange. The
Exchange is proposing to increase its routing fees due to an announced
change in IEX's fee schedule that would result in a significant
increase in the transaction fees being charged by IEX to some orders,
including orders routed by the Exchange.\15\ The Exchange believes that
it is reasonable and equitable to pass these increased costs to Members
that use the Exchange to route orders to that market. Members that do
not wish to pay the proposed fee can send their routable orders
directly to IEX instead of using routing functionality provided by the
Exchange. The Exchange also believes that this change is equitable and
not unfairly discriminatory because the proposed fees would apply
equally to all Members that use the Exchange to route orders to IEX
using the DIRC routing strategy. Routing through the Exchange is
voluntary, and the Exchange operates in a competitive environment where
market participants can readily direct order flow to competing venues
or providers of routing services if they deem fee levels to be
excessive.
---------------------------------------------------------------------------

    \15\ See SR-IEX-2018-16 (pending publication).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
proposed changes to the non-displayed remove fees are designed to
incentivize displayed liquidity, which the Exchange believes will
benefit all market participants by encouraging a transparent and
competitive market. Furthermore, the proposed change to the IEX routing
fee is meant to recoup costs associated with executing orders on that
market, and is therefore not designed to have any significant impact on
competition. The Exchange operates in a highly competitive market in
which market participants can readily direct their order flow to
competing venues. In such an environment, the Exchange must continually
review, and consider adjusting, its fees and rebates to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed fee changes reflect this
competitive environment.

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) of the Act\16\ and paragraph (f) of Rule 19b-4
thereunder.\17\ 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeEDGA-2018-014 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-CboeEDGA-2018-014. 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 this filing will also be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGA-2018-014 and should be
submitted on or before September 11, 2018.

    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,
Assistant Secretary.
[FR Doc. 2018-17960 Filed 8-20-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Page 68884]
[FR Doc No: 2012-27860]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0060]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated June 18, 2012, the Port Authority Trans-Hudson Corporation (PATH)
has petitioned the Federal Railroad Administration (FRA) for a waiver
of compliance from certain provisions of the Federal railroad safety
regulations related to periodic brake equipment maintenance found in 49
CFR 238.309(b)(2), which requires brake equipment maintenance at the
1104-day interval.
    PATH is asking for an extension of 6 months to complete these
processes for all equipment overhauls. PATH states that the material
and inventory necessary to complete the required maintenance will not
be available from the vendor (WABTEC) in sufficient time for
completion. FRA assigned the petition Docket Number FRA-2012-0060.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov/ gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by December 31, 2012 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on November 8, 2012.
Brenda Moscoso,
Director, Office of Safety Analysis.
[FR Doc. 2012-27860 Filed 11-15-12; 8:45 am]
BILLING CODE 4910-06-P