[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85952-85955]
[FR Doc No: 2016-28740]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0393; FRL-9953-53]

Registration Review; Draft Human Health and/or Ecological Risk
Assessments; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's draft human
health and ecological risk assessments for the

registration review of aliphatic esters, cyclanilide, cymoxanil, and
certain other pesticides and opens a public comment period on these
documents. This notice also announces both the opening of the
registration review docket and the availability of the registration
review draft human health and ecological risk assessments for aliphatic
esters and momfluorothrin. EPA Registration review is EPA's periodic
review of pesticide registrations to ensure that each pesticide
continues to satisfy the statutory standard for registration, that is,
the pesticide can perform its intended function without unreasonable
adverse effects on human health or the environment. As part of the
registration review process, the Agency has completed comprehensive
draft human health and/or ecological risk assessments for all uses of
the pesticides herein. After reviewing comments received during the
public comment period, EPA will issue a revised risk assessment,
explain any changes to the draft risk assessment, and respond to
comments and may request public input on risk mitigation before
completing a proposed registration review decision for the pesticides
herein. Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.

DATES: Comments must be received on or before January 30, 2017.

ADDRESSES: Submit your comments, docket identification (ID) number EPA-
HQ-OPP-2015-0393 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For pesticide specific information contact: The Chemical Review
Manager for the pesticide of interest identified in Table 1 of Unit
III.
    For general questions on the registration review program, contact:
Richard Dumas, Pesticide Re-Evaluation Division (7508P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the Chemical Review Manager identified in Table 1 of Unit III.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. Authority

    EPA is conducting its registration review of the chemicals listed
in Table 1 of Unit III pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

III. Registration Reviews

    As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registration for the pesticides listed in Table 1 to ensure that it
continues to satisfy the FIFRA standard for registration--that is, that
these chemicals can still be used without unreasonable adverse effects
on human health or the environment.

                     Table 1-Draft Risk Assessments Being Made Available for Public Comment
----------------------------------------------------------------------------------------------------------------
                                                                                Contact and contact
Registration review case name and No.                 Docket ID No.                         information
----------------------------------------------------------------------------------------------------------------
Aliphatic Esters, 4005...............  EPA-HQ-OPP-2015-0084                        Brian Kettl,
<EMAIL_ADDRESS>(703)
                                                                                347-0535.

Bifenthrin, 7402.....................  EPA-HQ-OPP-2010-0384                        Marquea King,
<EMAIL_ADDRESS>(703)
                                                                                305-7432.
Cyclanilide, 7018....................  EPA-HQ-OPP-2011-0153                        Katherine St. Clair,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Cyfluthrins (& beta), 7405...........  EPA-HQ-OPP-2010-0684                        Garland Waleko,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Cymoxanil, 7023......................  EPA-HQ-OPP-2012-0148                        Moana Appleyard,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Cypermethrin (alpha & zeta), 7218/     EPA-HQ-OPP-2012-0167                        Susan Bartow,
 2130<EMAIL_ADDRESS>(703)
                                                                                603-0065.
Cyphenothrin, 7412...................  EPA-HQ-OPP-2009-0842                        Margaret Hathaway,
<EMAIL_ADDRESS><PHONE_NUMBER>.
D-phenothrin, 0426...................  EPA-HQ-OPP-2011-0539                        James Parker,
<EMAIL_ADDRESS>(703)
                                                                                306-0469.
                                                                                Rachel Ricciardi,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Deltamethrin, 7414...................  EPA-HQ-OPP-2009-0637                        Bilin Basu,
<EMAIL_ADDRESS>(703)
                                                                                347-0455.
Dimethomorph, 7021...................  EPA-HQ-OPP-2013-0045                        Nathan Sell,
<EMAIL_ADDRESS>(703)
                                                                                347-8020.
Esfenvalerate, 7406..................  EPA-HQ-OPP-2009-0301                        Marianne Mannix,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Etofenprox, 7407.....................  EPA-HQ-OPP-2007-0804                        Wilhelmena Livingston,
<EMAIL_ADDRESS>(703) 308-8025.
Fenpropathrin, 7601..................  EPA-HQ-OPP-2010-0422                        Garland Waleko,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Flumethrin, 7456.....................  EPA-HQ-OPP-2016-0031                        Maria Piansay,
<EMAIL_ADDRESS>(703)
                                                                                308-8063.
Gamma-cyhalothrin, 7437..............  EPA-HQ-OPP-2010-0479                        Wilhelmena Livingston,
<EMAIL_ADDRESS>(703) 308-8025.
Imiprothrin, 7426....................  EPA-HQ-OPP-2011-0692                        Margaret Hathaway,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Kresoxim-Methyl, 7026................  EPA-HQ-OPP-2012-0861                        Bonnie Alder,
<EMAIL_ADDRESS>(703)
                                                                                308-8523.
Lambda-cyhalothrin, 7408.............  EPA-HQ-OPP-2010-0480                        Wilhelmena Livingston,
<EMAIL_ADDRESS>(703) 308-8025.
Linuron, 0047........................  EPA-HQ-OPP-2010-0228                        Katherine St. Clair,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Metalaxyl and Mefenoxam, 0081........  EPA-HQ-OPP-2009-0863                        Leigh Rimmer,
<EMAIL_ADDRESS>(703)
                                                                                347-0553.
MGK-264, 2430........................  EPA-HQ-OPP-2012-0415                        Bilin Basu,
<EMAIL_ADDRESS>(703)
                                                                                347-0455.
Momfluorothrin, 7457.................  EPA-HQ-OPP-2015-0752                        Bilin Basu,
<EMAIL_ADDRESS>(703)
                                                                                347-0455.
Permethrin, 2510.....................  EPA-HQ-OPP-2011-0039                        Brittany Pruitt,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Phosmet, 0242........................  EPA-HQ-OPP-2009-0316                        Maria Piansay,
<EMAIL_ADDRESS>(703)
                                                                                308-8063.
Prallethrin, 7418....................  EPA-HQ-OPP-2011-1009                        Wilhelmena Livingston,
<EMAIL_ADDRESS>(703) 308-8025.
Pyrethrins, 2580.....................  EPA-HQ-OPP-2011-0885                        Brian Kettl,
<EMAIL_ADDRESS>(703)
                                                                                347-0535.
Tau-fluvalinate, 2295................  EPA-HQ-OPP-2010-0915                        Miguel Zavala,
<EMAIL_ADDRESS>(703)
                                                                                347-0504.
Tefluthrin, 7409.....................  EPA-HQ-OPP-2012-0501                        Marianne Mannix,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Tetramethrin, 2660...................  EPA-HQ-OPP-2011-0907                        Nathan Sell,
<EMAIL_ADDRESS>(703)
                                                                                347-8020.
----------------------------------------------------------------------------------------------------------------

    Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft human health and
ecological risk assessment for aliphatic esters, cyclanilide,
cymoxanil, d-phenothrin, dimethomorph, fenpropathrin, imiprothrin,
kresoxim-methyl, linuron, metalaxyl and mefenoxam, MGK-264,
momfluorothrin, phosmet, prallethrin, tau-fluvalinate, tefluthrin,
tetramethrin and opens a public comment period on these documents. In
addition, this notice announces the availability of EPA's draft
ecological risk assessments for the registration review of bifenthrin,
cyfluthrins (& beta), cypermethrin (alpha & zeta), cyphenothrin,
deltamethrin, esfenvalerate, etofenprox, flumethrin, gamma-cyhalothrin,
lambda-cyhalothrin, permethrin, pyrethrins and opens a public comment
period on these documents. Such comments and input could address, among
other things, the Agency's risk assessment methodologies and
assumptions, as applied to a draft risk assessment. The Agency will
consider all comments received during the public comment period and
make changes, as appropriate, to a draft human health and/or ecological
risk assessment. EPA will then issue a revised risk assessment, explain
any changes to the draft risk assessment, and respond to comments. In
the Federal Register notice announcing the availability of the revised
risk assessment, if the revised risk assessment indicates risks of
concern, the Agency may provide a comment period for the public to
submit suggestions for mitigating the risk identified in the revised
risk assessment before developing a proposed registration review
decision on the pesticides herein.
    1. Other related information. Additional information on the
registration review status of the chemicals listed in Table 1 of Unit
III, as well as information on the Agency's registration review program
and on its implementing regulation is available at http://www.epa.gov/pesticide-reevaluation.
    2. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

    Authority: 7 U.S.C. 136 et seq.

    Dated: October 19, 2016.
Charles Smith,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2016-28740 Filed 11-28-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 3, 2009 (Volume 74, Number 21)]
[Notices]
[Page 5927]
[DOCID:fr03fe09-22]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13327-000]

Glacier Fork Hydropower, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

January 27, 2009.
    On November 10, 2008, and supplemented on January 26, 2009, Glacier
Fork Hydropower, LLC filed an application, pursuant to section 4(f) of
the Federal Power Act, proposing to study the feasibility of the
Glacier Fork Hydroelectric Project (Glacier Fork). Glacier Fork would
be located on Glacier Fork of the Knik River, in the Borough of
Matanuska-Susitna, Alaska.
    The proposed Glacier Fork project would consist of: (1) A proposed
700-foot-long, 430-foot-high dam; (2) a proposed reservoir having a
proposed surface area of 390 acres and a storage capacity of 75,000
acre-feet and normal water surface elevation of 980 feet above mean low
sea level (msl); (3) a proposed 8,300-foot-long, 12-foot diameter steel
penstock; (4) a proposed powerhouse containing three generating units
having an installed capacity of 75-megawatts; (5) a proposed tailrace;
(6) a proposed 25-mile-long, 115-kilovolt transmission line; and (7)
appurtenant facilities. The proposed Glacier Fork Hydroelectric Project
would have an average annual generation of 320-gigawatt-hours.
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of the Commission's Web site at http:/
/www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13327) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-2215 Filed 2-2-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Pages 22591-22593]
[FR Doc No: 2013-08865]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69360; File No. SR-CBOE-2013-041]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change To Amend Rule
6.53

April 10, 2013.
    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 March 28, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II and III below, which items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.53--Certain Types of Orders
Defined. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its definition of a Qualified
Contingent Cross (``QCC'') Order. A QCC Order is an order to buy (or
sell) at least 1,000 standard option contracts or 10,000 mini-option
contracts \3\ that is identified as being part of a qualified
contingent trade \4\ coupled with a contra-side order to sell (or buy)
an equal number of contracts. QCC Orders were initially adopted by the
International Securities Exchange, LLC (``ISE'') and approved by the
Commission.\5\ The Exchange opposed the ISE proposal and the adoption
of QCC Orders, but for competitive reasons elected to adopt QCC Order
rules on CBOE.\6\ The rules the Exchange adopted regarding QCC Orders
were explicit in stating that QCC

Orders may only be entered in the standard increments applicable to
simple orders in the options class under Exchange Rule 6.42--Minimum
Increments of Bids and Offers.\7\ In effect, this language limits the
entry of QCC Orders to $0.10, $0.05, or $0.01 increments, with the
increment of trading being the standard trading increment applicable to
simple orders in the individual option series in question, regardless
of whether there are one or multiple options legs of the QCC Order.
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    \3\ The Exchange added language regarding mini-options due to
the beginning of trading of mini-options. See SR-CBOE-2013-036,
available at http://www.cboe.com/publish/RuleFilingsSEC/SR-CBOE-2013-036.pdf.
    \4\ A ``qualified contingent trade'' is a transaction consisting
of two or more component orders, executed as agent or principal,
where: (1) At least one component is an NMS stock, as defined in
Rule 600 of Regulation NMS under the Exchange Act; (2) all
components are effected with a product or price contingency that
either has been agreed to by all the respective counterparties or
arranged for by a broker-dealer as principal or agent; (3) the
execution of one component is contingent upon the execution of all
other components at or near the same time; (4) the specific
relationship between the component orders (e.g., the spread between
the prices of the component orders) is determined by the time the
contingent order is placed; (5) the component orders bear a
derivative relationship to one another, represent different classes
of shares of the same issuer, or involve the securities of
participants in mergers or with intentions to merge that have been
announced or cancelled; and (6) the transaction is fully hedged
(without regard to any prior existing position) as a result of other
components of the contingent trade. See CBOE Rule 6.53(u)(i).
    \5\ ISE first proposed to adopt a qualified contingent cross
order type through SR-ISE-2009-35. This proposal was approved by the
Commission's Division of Trading and Markets (the ``Division'')
pursuant to delegated authority on August 28, 2009, Securities
Exchange Act Release No. 60584 (August 28, 2009), 74 FR 45663
(September 3, 2009) (SR-ISE-2009-35), but this approval was stayed
by a CBOE petition seeking full Commission review. See Letters from
Joanne Moffic-Silver, General Counsel and Corporate Secretary, CBOE,
dated September 4 and 14, 2009. ISE thereafter submitted its
modified rule change, SR-ISE-2010-73, and a letter requesting that
the Commission vacate the Division's approval of SR-ISE-2009-35
simultaneous with the approval of SR-ISE-2010-73. CBOE submitted
numerous letters objecting to ISE's original and modified qualified
contingent cross proposals, however, the Commission approved SR-ISE-
2010-73 and set aside SR-ISE-2009-35 on February 24, 2011. See
Securities Exchange Act Release Nos. 62523 (July 16, 2010), 75 FR
43211 (July 23, 2010) (SR-ISE-2010-73) (ISE Proposal), 63955
(February 24, 2011) (SR-ISE-2010-73) (ISE Approval), and 69354
(February 24, 2011) (SR-ISE-2009-35); see also, e.g., CBOE comment
letters and materials dated July 16, 2009, September 4, 2009,
September 14, 2009, September 17, 2009, December 3, 2009, January
20, 2010, April 7, 2010, and April 9, 2010.
    \6\ See Securities Exchange Act Releases Nos. 64354 (April 27,
2011), 76 FR 25392 (May 4, 2011) (SR-CBOE-2011-041) and 64653 (June
13, 2011), 76 FR 35491 (June 17, 2011) (SR-CBOE-2011-041).
    \7\ See Exchange Rule 6.53(u).
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    Rule 6.42 permits the entry of legs of a complex order in $0.01
increments (regardless of the standard trading increment applicable to
the options class of each leg).\8\ This would allow for QCC Orders with
multiple legs to be traded in $0.01 increments (regardless of the
standard trading increment applicable to the options class of each
leg), were it not for the above-referenced language that limits the
entry of QCC Orders to the standard increments applicable to simple
orders in the options class of each leg. As such, the Exchange proposes
to amend its definition of a QCC Order to state that such orders with
one option leg may only be entered in the standard increments
applicable to simple orders in the options class under Rule 6.42, but
QCC Orders with more than one option leg may be entered in the
increments specified for complex orders under Rule 6.42. (which is
$0.01 increments). This change would put the trading of QCC Orders with
multiple legs on the same footing as the trading of other types of
complex orders.
---------------------------------------------------------------------------

    \8\ See Exchange Rule 6.42(4)(a).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\9\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \10\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest in that it gives CBOE market participants and
investors who enter QCC Orders with multiple legs the same trading
increment options as those who enter other types of orders with
multiple legs (complex orders). Further, the Exchange believes that ISE
permits trading of QCC Orders with multiple legs in $0.01 increments,
regardless of the standard increments applicable to simple orders in
the options class.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ ISE Rule 721 states that QCC orders ``may only be entered
in the regular trading increments applicable to the options class
under Rule 710'' (See ISE Rule 721(b)(2)). ISE Rule 710 states that
if an options contract is trading at $3.00 per option or higher, the
minimum trading increment is $.10, and if an options contract is
trading at less than $3.00 per option, the minimum trading increment
is $.05 (See ISE Rule 710). ISE Rule 722(b)(1) states that the
leg(s) of a complex order may be executed in one cent increments,
regardless of the minimum increments otherwise applicable to the
individual legs of the order (See ISE Rule 722(b)(1)). However, the
specification in Rule 721(b)(2) that QCC orders ``may only be
entered in the regular trading increments applicable to the options
class under Rule 710'' would seem to overrule Rule 722(b)(2)'s
statement regarding complex order increments, or at the very least,
create a contradiction that requires clarification. Nonetheless, the
Exchange has been informed by ISE market participants that ISE
permits the trading of trading of [sic] QCC orders with multiple
legs in $0.01 increments, regardless of the standard increments
applicable to simple orders in the options class.
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed rule change will impose an unnecessary burden on
intramarket competition because it will apply to all market
participants. The Exchange does not believe that the proposed rule
change will impose an unnecessary burden on intermarket competition
because the Exchange believes that ISE permits trading of QCC orders
with multiple legs in $0.01 increments, regardless of the standard
increments applicable to simple orders in the options class,\12\ and
therefore the proposed change would put CBOE on an even competitive
footing with ISE.
---------------------------------------------------------------------------

    \12\ See Footnote 11.
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2013-041 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-CBOE-2013-041. This file
number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filing also will be available for inspection and copying
at the principal offices 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-
CBOE-2013-041, and should be submitted on or before May 7, 2013.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-08865 Filed 4-15-13; 8:45 am]
BILLING CODE 8011-01-P