	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

November 8, 2005

MEMORANDUM

SUBJECT:	Reviewer(s Guide and Summary of HED ChemSAC Approvals for
Amending Commodity Definitions [40 CFR (180.1(h)] and Crop
Group/Subgroups [40 CFR (180.41].

FROM:	Bernard A. Schneider, Ph.D., Senior Plant Physiologist

Chemistry and Exposure Branch

Health Effects Division (7509C)

THRU:	William Donovan, Ph.D., Chairperson,

HED Chemistry Science Advisory Council (ChemSAC)

Health Effects Division (7509C)

TO:		Barbara Madden, Minor Use Officer

Risk Integration, Minor Use, Emergency Response Branch (RIMUER)

                        Registration Division (7505C)

In order to update and provide guidance to our residue chemistry
reviewers and our partner(s USDA-IR-4, California EPA Department of
Pesticide Regulation (CDPR), and Canada Pest Management Regulatory
Agency (PMRA), we have prepared this document which lists the revisions
and amendments to Commodity Definitions under 40 CFR (180.1(h) and Crop
Group/Subgroups under 40 CFR (180.41 that have been approved by the HED
Chemistry Science Advisory Council (ChemSAC).  These changes will be
incorporated in the future revision of the Crop Grouping Regulation.
The changes are entitled: I. Tropical and subtropical fruit commodity
definitions; II. White sapote change to crop group and commodity
definition; III. Commodity definition change for celery; IV. New
commodity definition for parsley = cilantro; V. New commodity definition
for winter squash; VI. Crop group change for turnip greens; VII. Almond
residue data translatable to pistachios; VIII.     Lingonberry,
Juneberry, and Salal added to Crop Group 13 Berries and Crop Subgroup
13-B Bushberry; IX. Establishment of the Oilseed Crop Group 20; and X
Amendment of the Bulb Vegetable Crop Group 3. .

Reports, written by Dr. B. A. Schneider, for the analysis of each
commodity definition and crop group/subgroup revisions can be obtained
from the author at<PHONE_NUMBER> or E-mail<EMAIL_ADDRESS>
The correct commodity term for each of the commodities discussed in this
document can be found in the EPA Food and Feed Commodity Vocabulary (see
http://www.epa.gov/pesticides/foodfeed).

A user(s index to commodities and what sections to find the changes
occurring are as follows:

COMMODITY					CHANGE IN ITEM

Acerola							    I

Acorn squash					 		   V

Almond							VII

Atemoya					   		    I

Avocado					   		    I

Beeplant							   IX

Birida						   		    I

Black mustard seed						  IX

Black sapote					   		    I

Borage, seed							  IX

Brassica Leafy Vegetables Group 5		  		 VI

Butternut squash						   V

Calabaza							   V

Canistel					   		    I

Canola							  IX

Cartamo							  IX

Celery						  		 III

Cherimoya					   		    I

Chinese celery					  	 III

Cilantro							  IV

Citrus						  		   II

Citron citrus					   		   II

Citrus fruits					   		   II

Citrus Fruit Group 10				   		   II

Colewort							   IX

Colza								   IX

Crambe, seed							   IX

Cucurbit Vegetables Group 9			 		    V

Custard apple					   		     I

Cushaw							    V

False saffron							   IX

Feijoa						   		     I

COMMODITY					CHANGE IN ITEM

Field mustard seed						   IX

Finochio							   III

Flax, seed							   IX

Florence fennel				 		    V

Forage turnip					   		  VI

Girasole							   IX

Grapefruit					   		   II

Guava						   		    I

Herb Subgroup 19A						   IV

Herbs and Spices Group 19 					   IV

Hubbard squash				 		    V

Ilama						   		    I

Indian rape							  IX

Jaboticaba					   		    I

Juneberry							VIII

Kumquat					  		    I

Leafy Vegetables except Brassica Crop Group 4		  III

Leaves of Root and Tuber Vegetables Crop Group 2	  VI

Lemon							   II

Linseed oil							   IX

Longan							    I

Lychee							    I

Lime								   II

Lingonberry							VIII

Mamey sapote						    I

Mango							     I

Mustard, seed							    IX

Oilseed Crop Group 20					    IX

Orange							    II

Oriental mustard						    IX

Papaya							     I

Parsley						 	   IV

Passionfruit					   		     I

Pistachio						             VII

Pummelo							     I

Pulsan								     I

Pumpkin							   IV

Rambutan							     I

Rapeseed, seed						    IX

Safflower, seed						    IX

Salal								VIII

COMMODITY					CHANGE IN ITEM

Sapodilla							     I

Solin								    IX

Soursop							     I

Spanish lime							     I

Spice Subgroup 9B						   IV

Star apple							     I

Starfruit							     I

Sugar apple							     I

Sunflower, seed						    IX

Sweet anise							   III

Sweet fennel							   III

Tangelo							    II

Turnip, forage							  VI

Turnip greens							  VI

Turnip tops							  VI

Uniq fruit							     I

Wax jambu							     I

White sapote						                II

Winter squash							    V

________________________________________________________________________
_____

ITEM I.  TROPICAL AND SUBTROPICAL FRUIT COMMODITY DEFINITIONS:

 	The six new tropical/subtropical fruit crop definitions are as
follows:

General Commodity				Specific Commodities included in definition

________________________________________________________________________
_____

Papaya					Papaya; black sapote; canistel; mamey sapote; mango;
sapodilla; and star apple.

Avocado					Avocado; black sapote; canistel; mamey sapote; mango;
papaya; sapodilla, and star apple.

Grapefruit					Grapefruit, pummelo and their citrus cultivars and/or
hybrids of  these including Uniq fruit.

Guava						Guava; feijoa; jaboticaba; wax jambu; starfruit;
passionfruit; and acerola.

Lychee					Lychee; longan; Spanish lime; rambutan; and pulasan.

	Modifications or expansions have also been approved for two existing
crop definitions, sugar apple and white sapote.

	For the Sugar apple commodity definition: cherimoya, ilama, soursop and
biriba will be added to the existing sugar apple definition, which
currently covers sugar apple, atemoya and custard apple as follows:

General Commodity				Specific Commodities included in definition

________________________________________________________________________
____

Sugar apple					Sugar apple, atemoya, custard apple, cherimoya, ilama,
soursop, and birida.

________________________________________________________________________
_____

II.  WHITE SAPOTE CHANGE TO CROP GROUP AND COMMODITY DEFINITION:

There are two actions concerning white sapote.

  The first action concerns white sapote becoming a member of the Citrus
Fruits Crop Group [40 CFR 180.41 (10)].

The second action concerns adding white sapote to the Citrus fruit
commodity definition [40 CFR (180.1(h)] as follows:

General Commodity				Specific Commodities included in definition

________________________________________________________________________
____________________

Citrus fruits					Grapefruit, lemons, limes, oranges, tangelos, citrus
citron, kumquats, white sapote (Casimiroa spp.) and other cultivars
and/or hybrids of these.

________________________________________________________________________
_____

ITEM III. COMMODITY DEFINITION CHANGE FOR CELERY:

Chinese celery (Apium graveolens var. secalinum) will be added to the
celery commodity definition under 40 CFR (180.1(h) as follows:

 General Commodity				Specific Commodities included in definition

________________________________________________________________________
__________________

Celery 					Celery, Florence fennel (sweet anise, sweet fennel,
finocchio), Chinese celery, (fresh leaves and stalk only).

Note:  Chinese celery is a member of Crop Group 4: Leafy Vegetables,
except Brassica group  [40 CFR 180.41 (4)].

________________________________________________________________________
_____

ITEM IV.  NEW COMMODITY DEFINITION FOR PARSLEY = CILANTRO:

A new commodity definition under 40 CFR (180.1(h) is established for
parsley as follows:

General Commodity				Specific Commodities included in definition

________________________________________________________________________
______________

Parsley 					Parsley, Cilantro.

________________________________________________________________________
__

Note: The raw agricultural commodity (RAC) for parsley is parsley,
leaves; and for cilantro is cilantro, leaves.  The seeds of cilantro are
coriander, seed and they are not covered as part of this commodity
definition.   Also, coriander, seed is a member of Crop Group 19: Herbs
and Spices Group, and Crop Subgroup 19B: Spice Subgroup.  Cilantro,
dried leaves and parsley, dried leaves will remain as a member of  Crop
Group 19: Herbs and Spices Group, and Crop Subgroup 19A: Herb Subgroup.

 _______________________________________________________________________
______

V.  NEW COMMODITY DEFINITION FOR WINTER SQUASH:

General Commodity				Specific Commodities included in definition

________________________________________________________________________
______________

Winter Squash 					Fruits of the gourd (Cucurbitaceae) family that is
consumed when mature, it has an inedible rind, and once picked they can
be stored, and harvested seed can be germinated; e.g., Cucurbita spp.
(acorn squash, hubbard squash, pumpkin, calabaza, butternut squash,
cushaw and other cultivars and/or hybrids of these.

Note: This new commodity definition has been incorporated into Crop
Group 9: Cucurbit vegetables.

________________________________________________________________________
_____

VI.  CROP GROUP CHANGES FOR TURNIP GREENS:

Turnip greens will be removed from Crop Group 2: Leaves of root and
tuber vegetables group [40 CFR 180.41 (2)], and it will become a member
of Crop Group 5: Brassica leafy vegetables [40 CFR 180.41 (5)].   It
will also be a member of Crop Subgroup 5B: Leafy Brassica  greens.
Forage turnip varieties grown for livestock feed uses only will remain
in Crop Group 2: Leaves of root and tuber vegetables group.

________________________________________________________________________
_____

VII.  ALMOND RESIDUE DATA TRANSLATABLE TO PISTACHIOS:

Field residue data for almonds will be translatable to pistachios.
Tolerances established for almonds will be established for pistachios at
the same level.

Note: 	Pistachios are included as a member of the Tree Nuts Crop Group
(40CFR(180.41).  It was also determined that the representative
commodities almond and pecan for the Tree Nuts Group adequately
represent the Crop Group.  The policy paper describing this action was
sent to Registration Division for implementation by publishing an
amendment to the Crop Group final rule in the Federal Register.
However, due to FQPA priorities, the Agency has no plans to amend the
Crop Group Regulations at this time, but the Agency is allowing
petitioners to request tolerances for pistachios based on residue data
submitted for the Tree Nut Crop Group.  Until the Federal Register
Notice is issued revising the Crop Group Regulation, tolerances for
pistachios will be listed separately from the Crop Group, but the
tolerance will be established at the same level as the Crop Group.

________________________________________________________________________
_____

VIII.  LINGONBERRY,  JUNEBERRY, AND SALAL TO BE ADDED TO BERRIES CROP
GROUP AND BUSHBERRY SUBGROUP:

Lingonberry, Juneberry, and salal will be included in Crop Group 13 -
Berries and Crop Subgroup 13B- Bushberry.  Until the Crop Group
Regulation is reproposed for petitions, the correct Section F crop
tolerance expressions are as follows:

   	(1).  For a Crop Group 13 -  Berries tolerance proposal: Berries
Group and Juneberry, Lingonberry, and Salal;

(2).  For a Crop Subgroup 13- B tolerance proposal: Bushberry Subgroup
and Juneberry, Lingonberry, and Salal;

(3). For a blueberry tolerance proposal: Blueberry and Juneberry,
Lingonberry, and Salal.

________________________________________________________________________
______

IX.  ESTABLISHMENT OF THE OILSEED CROP GROUP 20:

A new Oilseed Crop Group 20 is being established to harmonize with
Canada(s Crop Group 20.  The representative commodities for the crop
group are rapeseed (canola varieties only) and sunflower, seed.  Members
of this Crop Group will be rapeseed, seed; Indian rapeseed; Indian
mustard, seed: field mustard, seed; black mustard, seed; flax, seed;
sunflower, seed; safflower, seed; and crambe, seed.  Borage, seed will
also be added as a member if Canada agrees to also add it to their Crop
Group 20.

Until the Federal Register Notice is issued revising the Crop Group
Regulation to establish the Oilseed Crop Group 20, tolerances for the
representative commodities [rapeseed (canola, seed) and sunflower, seed]
as well as all members of the crop group will be listed individually,
and the tolerance level will be identical.

________________________________________________________________________
____

AMENDMENTS TO THE BULB VEGETABLE CROP GROUP 3:

The Bulb Vegetable Crop Group 3 is

  Each of the five proposals and recommendations will be discussed
below, followed by a series of other recommendations on terminology,
database development, and harmonization with Codex.  The EPA would like
to commend the valuable and high quality input of the ICGCC, all its
members and the Workgroup Chairperson.

Proposal 1:

Amend the name of the crop group [40 CFR ( 180.41 (c) (3)] from “Crop
Group 3: Bulb Vegetables (Allium spp.) Group” to “Crop Group 3: Bulb
Vegetable Group”.

Recommendation for Proposal 1:

I recommend that ChemSAC concur to change the name of the current Crop
Group 3: Bulb Vegetables (Allium spp.) Group [40 CFR ( 180.41 (c)
(3)]” to “Crop Group 3: Bulb Vegetable Group, because not all of the
proposed new members are Allium species (spp.).  However, all of the
members of the proposed new group are members of the same plant family:
“Liliaceae, or Amaryllidaceae, and/or Alliaceae.”  The preferred
family name for the Bulb vegetables is “Liliaceae”, while the other
two family names still have usage in taxonomic literature.

Proposal 2:

Amend the existing crop group that consists of the following seven
commodities (bulb onion and green onion are same species and they are
both listed under item 4): 1). Garlic (Allium sativum L. var. sativum
2). Garlic, great-headed (elephant) (Allium ampeloprasum L. var.
ampeloprasum) 3). Leek (Allium porrum L. (syn: A. ampeloprasum var.
porrum (L.) J. Gay) 4). Onion, dry bulb and green, (Allium cepa L. var.
cepa) 5). Onion, Welsh, (Allium fistulosum L.) 6). Shallot (Allium cepa
var. aggregatum G. Don.) to an expanded crop group that consists of
following 25 commodities:

1). Canadian garlic, Allium canadense L.

2). Chive, Allium schoenoprasum L.

3). Chive, Chinese, Allium tuberosum Rottler ex Spreng.

4). Daylily; Hemerocallis fulva (L.) L. var. fulva

5). Elegans hosta, Hosta Sieboldiana (Hook.) Engl.

6). Fritillaria, Fritillaria L. fritillary

7). Garlic, Allium sativum L. var. sativum (A. sativum Common Garlic
Group)

8). Garlic, great-headed, Allium ampeloprasum L. var. ampeloprasum (A.
ampeloprasum Great-headed Garlic Group)

9). Garlic, Serpent, Allium sativum var. ophioscorodon (or A. sativum
Ophioscorodon Group)

10). Kurrat, Allium kurrat Schweinf. ex. K. Krause (or A. ampeloprasum
Kurrat Group)

11). Lady’s leek, Allium cernuum Roth

12). Leek, Allium porrum L. (syn: A. ampeloprasum L. var. porrum (L.) J.
Gay) (A.ampeloprasum Leek Group)

13). Lily, Lilium spp. (Lilium Leichtlinii var maximowiczii, Lilium
lancifolium)

14 and 15). Onion, dry bulb and green, Allium cepa L. var. cepa (A. cepa
Common Onion Group)

16). Onion, Beltsville bunching, Allium x proliferum (Moench) Schrad.
(syn:

Allium fistulosum L. x A. cepa L.)

17). Onion, Chinese, Allium chinense G. Don. (syn: A. bakeri Regel)

18). Onion, fresh, Allium fistulosum L. var. caespitosum Makino

19). Onion, macrostem, Allium macrostemom Bunge

20). Onion, Pearl, Allium porrum var. sectivum (or A. ampeloprasum Pearl
Onion Group)

21). Onion, potato, Allium cepa L. var. aggregatum G. Don. (A. cepa
Aggregatum Group)

22. Onion, tree, Allium x proliferum (Moench) Schrad. ex Willd. (syn: A.
cepa var. proliferum (Moench) Regel; A. cepa L. var. bulbiferum L.H.
Bailey; A. cepa L. var. viviparum (Metz.) Alef.)

23). Onion, Welsh, Allium fistulosum L.

24). Shallot, Allium cepa var. aggregatum G. Don.

25). Wild leek, Allium tricoccum Aiton

Recommendation for Proposal 2:

Based on similarities in cultural practices, edible food portions,
residue levels, geographical locations, similar pest problems, and lack
of animal feed items and for international harmonization purposes, I
recommend that ChemSAC concur to establish an expanded Crop Group 3 Bulb
Vegetables Group.  The representative commodities for this crop group
will remain the same bulb onion and green onion, as the original bulb
vegetable group.  Cultivars and hybrids between members of this Crop
group are also included as members of this group.  The only exception to
adding members to the Bulb vegetable crop group is to delete Canadian
garlic (Allium canadense L.) from the group. At this time, the author
feels that the input of the ICGCC indicates that Canadian garlic has
limited potential for increased cultivation and lacks potential for
commercial development as a specialty crop. While some of the added
orphan crops are also considered very minor, such as Elegans hosta and
the lily, we feel they fit well in this group because they are grown in
Asia and demand from immigrants to have native crops grown in the U.S.
indicate greater potential as a specialty crop.

Proposal 3:

“3. Add the following two crop subgroups:

1). Subgroup 3A: Bulb onion subgroup. Representative crop: Onion, bulb.
Ten commodities included in this subgroup are: Daylily; Garlic; Garlic,
Canadian; Fritillaria (bulbs only); Garlic great-headed; Garlic,
Serpent; Lily; Onion, Chinese; Onion, bulb; Shallots (bulbs only).

		2). Subgroup 3B: Green onion subgroup. Representative crop: Onion,
green. Seventeen commodities included in this subgroup are: Chive;
Chive, Chinese; Elegans hosta; Fritillaria (green); Kurrat; Leek; Leek,
lady’s; Onion, Beltsville bunching; Onion, fresh; Onion, green; Onion,
macrostem; Onion, Pearl; Onion, potato; Onion, tree; Onion, Welsh;
Shallots (green); Wild leek”

Recommendation for Proposal 3:

I also recommend that ChemSAC concur to establish two new subgroups for
the Bulb vegetable group based on similarities in cultural practices,
edible food portions (bulb vs. leaves), residue levels, geographical
locations, similar pest problems, grower input, lack of animal feed
items, and for international harmonization purposes.  The similarities
in green onion tolerances which are usually higher than bulb onions also
support the establishment of the two new subgroups.  The establishment
of the two new subgroups will help growers in the establishment of
integrated pest management programs (IPM) and they will provide
additional options for preventing or delaying pest resistance. The new
subgroups will be Onion, bulb, subgroup 3A with bulb onion as its
representative commodity, and Crop subgroup 3B Onion, green, subgroup
with green onion as the representative commodity.  A comparison of the
Codex grouping with the proposed additions to the U.S. crop groups find
no conflict, since they are also proposing a Bulb onion and a Green
onion subgroup.

I also, note that pearl onion should be removed from the green onion
subgroup 3B placed in the bulb onion subgroup 3A based on its small
edible bulb.  At present, we do not recommend Canadian garlic be added
to the Bulb onion subgroup 3A.   The subgroups will become:

1). Subgroup 3A: Onion, bulb, subgroup. Representative crop: Onion,
bulb. Ten commodities included in this subgroup are: Daylily; Garlic;
Fritillaria, bulb; Great headed garlic; Serpent garlic; Lily; Chinese
onion; Bulb onion; Pearl onion; Shallot, bulb.

	2). Subgroup 3B: Onion, green, subgroup. Representative crop: Onion,
green. Seventeen commodities included in this subgroup are: Chive;
Chinese chive; Elegans hosta; Fritillaria, leaves; Kurrat; Leek;
Lady’s leek; Beltsville bunching onion; Fresh onion; Green onion;
Macrostem onion; Potato onion; Tree onion; Welsh onion; Shallot, leaves;
Wild leek”

Proposal 4:

“4. Amend the commodity terminology for the representative crops for
Crop Group 3 from “dry bulb onion” to “bulb onion”: Onion, bulb
and Onion, green”.

Recommendation for Proposal 4:

	I recommend we amend the commodity name for dry bulb onion to bulb
onion for tolerances purposes. The term bulb onion is now the name
commonly used in commerce for this type of onion, and the tolerance term
will be onion, bulb.  Current tolerances for dry bulb onion are
equivalent to bulb onion.

Proposal 5:

“5. Amend the scientific names in the 40 CFR ( 180.41 (c) (3)
according to the scientific names listed above under proposal 2;
correcting the misspelled word “Onion, Welch” to “Onion, Welsh”.
Changing onion, dry bulb to onion, bulb in 40 CFR ( 180.41 (c) (3) and
40 CFR ( 180.1 (h), as applicable.”

Recommendation for Proposal 5:

I agree that the misspelled commodity “Onion, Welch” be corrected to
“Onion, Welsh”. Changing onion, dry bulb to onion, bulb in 40 CFR (
180.41 (c) (3) and the onion commodity definition under 40 CFR ( 180.1
(h)    The scientific names for all of the bulb vegetables were reviewed
and verified by Dr. John H. Wiersema, Botanist, USDA Systematic Botany
and Mycology Laboratory, and Germplasm Resources Information Network
(GRIN).

Other Recommendations:

6.  Amend the Commodity definitions under 40 CFR ( 180.1 (h) for Onions;
Onions, dry bulb only; Onions, green; and garlic to reflect the changes
to the Bulb vegetable crop group 3 as follows:

Onion.......... Bulb onion, green onion, and garlic.

Onion, bulb .......... Bulb onion; garlic; Fritillaria, bulb; daylily;
great headed garlic; serpent garlic; Chinese onion; lily; pearl onion;
potato onion; and  shallot, bulb.

Onion, green  ..........Green onion; chive, fresh leaves; Chinese chive,
fresh leaves; Elegans hosta; Fritillaria, leaves; kurrat; lady’s leek;
leek; wild leek; Beltsville bunching onion; fresh onion; tree onion,
tops; Welsh, onion; shallot, fresh leaves.

Garlic ..........Garlic, Great headed garlic, and serpent garlic.

7. Chive and Chinese chive currently are members of the Herb and Spice
crop group 19 and their preferred commodity terms will be changed to
reflect the fresh leaves vs. the dried leaves of these commodities.
Chive, fresh leaves and Chinese chive, fresh leaves will become members
of the Bulb vegetable crop group 3 and the Onion, green, subgroup 3B.
Chive, dried leaves and Chinese chive, dried leaves will remain in the
Herb and Spice crop group 19 and the Herb subgroup 19A.  A full
discussion of the Herb and Spice Crop group 19 will occur when USDA IR-4
sumits the petition to amend this crop group.

8. Guidance for HED SOP 99.6 -  SEQ CHAPTER \h \r 1  “Classification
of Food Forms with Respect to Level of Blending” issued August 20,
1999, and HED SOP 2000.1 – “  SEQ CHAPTER \h \r 1 Guidance for
Translation of Field Trial Data from Representative Commodities in the
Crop Group Regulation to Other Commodities in Each Crop
Group/Subgroup” issued September 12, 2000 can be updated to reflect
the revisions in the Bulb vegetable crop group 3.

9. Guidance on expressing tolerance terminology for the Bulb vegetable
crop group 3 and the two proposed subgroups (Onion, bulb vegetable
subgroup 3A and Onion, green, subgroup 3B) are discussed under the
“Tolerance expression guidance section of this analysis.

10. Incorporation of new lookup and preferred EPA terms are listed in
the EPA Food and Feed Commodity Vocabulary section of this report.

 PAGE  10


[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19741-19743]
[FR Doc No: 2012-7772]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66665; File No. SR-CBOE-2012-029]

 Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the CBOE Stock Exchange Fees Schedule

March 27, 2012.
    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 26, 2012, the 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.
---------------------------------------------------------------------------

    \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 the CBOE Stock Exchange (``CBSX'')
Fees Schedule. 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
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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    CBSX proposes to amend its Maker fees for transactions in
securities priced $1 or greater to further institute a tiered fee
structure through which Makers who transact more business on CBSX will
pay lower transaction fees. Currently, the Maker fee for transactions
in securities priced $1 or greater executed by a market participant
that adds two million or more shares of liquidity that day is $0.0016
per share,\3\ and the Maker fee for transactions in securities priced
$1 or greater executed by a market participant that does not add two
million or more shares of liquidity that day is $0.0018 per share. CBSX

proposes to amend this tiered system regarding Maker fees for
transactions in securities priced $1 or greater in the following
manner:
---------------------------------------------------------------------------

    \3\ This rate applies to all transactions in securities priced
$1 or greater made by the same market participant in any day in
which such participant adds two million shares or more of liquidity.
Market participants who share a trading acronym or MPID may
aggregate their trading activity for purposes of this rate.
Qualification for this rate will require that a market participant
appropriately indicate his trading acronym and/or MPID in the
appropriate field on the order.

Maker (adds 15 million shares or more of liquidity in one day) $0.0013
per share
Maker (adds 10,000,000-14,999,999 shares of liquidity in one day)
$0.0014 per share
Maker (adds 5,000,000-9,999,999 shares of liquidity in one day) $0.0015
per share
Maker (adds 2,500,000-4,999,999 shares of liquidity in one day) $0.0016
per share
Maker (adds 2,499,999 shares or less of liquidity in one day) $0.0018
per share

    As with the current $0.0016 per share Maker fee for transactions in
securities priced $1 or greater executed by a market participant that
adds two million or more shares of liquidity that day, these rates
apply to all transactions in securities priced $1 or greater made by
the same market participant in any day in which such participant adds
the established amount of shares or more of liquidity that is
determined in the chart above for each tier. Market participants who
share a trading acronym or MPID may aggregate their trading activity
for purposes of these rates. Qualification for these rates will require
that a market participant appropriately indicate his trading acronym
and/or MPID in the appropriate field on the order. CBSX will promulgate
an information circular to direct market participants on how to
accurately qualify and aggregate their trading activity in order to
receive this reduced rate.
    The structure of decreasing Maker fees for transactions in
securities priced at $1 or greater for adding increasing amounts of
liquidity is designed to encourage increased trading activity and
liquidity on CBSX. The Exchange desires to incentivize market
participants who may be able to meet higher thresholds to add more
volume and liquidity to the CBSX marketplace. This increased volume and
liquidity would benefit all CBSX market participants, including those
who do not trade at the higher levels, by providing them with more
opportunities for execution. The thresholds are applied on a daily
basis in order to encourage market participants to add volume and
liquidity on a consistent basis. The Exchange seeks market participants
who will be active on CBSX on a regular basis, as the liquidity that
such larger-volume participants provide will be attractive to all
investors and benefit all market participants. The thresholds in the
different tier levels were set based on an analysis of current trading
activity and an aspirational intention to encourage trading at those
higher levels (the higher tiers of which are not currently being
reached by any specific market participant).
    The proposed change is intended to take effect on April 1, 2012.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\4\ in general, and furthers the objectives of Section 6(b)(4) \5\
of the Act in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
CBOE Trading Permit Holders and other persons using Exchange
facilities. The proposed Maker fee amounts are reasonable because they
are lower than current CBSX fees for such transactions. The proposed
Maker fees and tiers are equitable and not unfairly discriminatory
because they will apply to all market participants, and all market
participants will have the opportunity to qualify for the reduced rate
tiers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Further, the reduced fee tiers are equitable and not unfairly
discriminatory because they will encourage market participants to trade
on CBSX and bring greater liquidity to CBSX, which will benefit all
market participants. By encouraging market participants to hit certain
threshold of executing at least increasing amounts of shares a day (at
which point such market participants would receive the corresponding
lower Maker fees for all shares executed by the market participant that
day), the Exchange incentivizes market participants who may be able to
meet that threshold to add more volume and liquidity to the CBSX
marketplace. This increased volume and liquidity would benefit all CBSX
market participants, including those who do not trade at the higher
levels, by providing them with more opportunities for execution. Orders
that provide liquidity increase the likelihood that members seeking to
access liquidity will have their orders filled. If the lower rates did
not exist for market participants who execute increased amounts of
shares a day, even those market participants who do not hit those
thresholds would not receive the benefit of this added volume and
liquidity. Applying the thresholds on a daily basis will encourage
these larger-volume market participants to add volume and liquidity on
a consistent basis, and the resulting consistently-available executions
will benefit all market participants. As such, the Exchange believes
that it is reasonable and equitable to use pricing incentives, such as
lower fees for creating large amounts of liquidity, to encourage market
participants to increase their participation in the market.

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.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \6\ of the Act and paragraph (f)(2) of Rule 19b-4 \7\
thereunder. 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-2012-029 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-2012-029. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CBOE-2012-029 and should be
submitted on or before April 23, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-7772 Filed 3-30-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Proposed Rules]
[Pages 30183-30185]
[FR Doc No: 2015-12568]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-1133; Airspace Docket No. 15-ANM-8]

Proposed Amendment of Class E Airspace; Kelso, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Southwest Washington Regional
Airport, Kelso, WA, to enhance the

safety and management of Instrument Flight Rules (IFR) operations for
Standard Instrument Approach Procedures (SIAPs) at the airport.

DATES: Comments must be received on or before July 13, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
1133; Airspace Docket No. 15-ANM-8, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this proposed incorporation by
reference material at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and Regulations Group,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2015-1133/
Airspace Docket No. 15-ANM-8.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace
Designations and Reporting Points, dated August 6, 2014, and effective
September 15, 2014. FAA Order 7400.9Y is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at Southwest Washington Regional
Airport, Kelso, WA. After a review of the airspace, the FAA found
modification of the airspace necessary for the safety and management of
IFR operations for SIAPs at the airport. Class E airspace extending
upward from 700 feet above the surface would be modified to within a 4-
mile radius of the Southwest Washington Regional Airport, with segments
extending from the 4-mile radius to 14.8 miles northwest of the
airport, and 20.7 miles north of the airport, and 13.2 miles northeast
of the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Y, dated August 6, 2014 and effective September 15,
2014, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under 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 this proposed rule, when
promulgated, would 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 U.S. Code. Subtitle 1, Section 106, describes
the authority for 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 would establish controlled airspace at Southwest Washington
Regional Airport, Kelso, WA.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 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 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM WA E5 Kelso, WA [Modified]

Southwest Washington Regional Airport, WA
    (Lat. 46[deg]07'05'' N., long. 122[deg]53'54'' W.)

    That airspace extending upward from 700 feet above the surface
within a 4-mile radius of Southwest Washington Regional Airport
beginning at lat. 46[deg]07'51'' N., long. 122[deg]48'16'' W.,
clockwise along the 4-mile radius of the airport to lat.
46[deg]04'25'' N., long. 122[deg]58'10'' W.; to lat. 46[deg]14'02''
N., long. 123[deg]12'43'' W.; to lat. 46[deg]24'21'' N., long.
123[deg]10'19'' W.; to lat. 46[deg]20'04'' N., long. 122[deg]50'07''
W.; thence to the point of beginning.

    Issued in Seattle, Washington, on May 12, 2015.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-12568 Filed 5-26-15; 8:45 am]
 BILLING CODE 4910-13-P