[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Notices]
[Page 72478-72480]
[DOCID:fr28no08-73]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0837; FRL-8391-1]

Pesticide Experimental Use Permit; Receipt of Application;
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of an application 68467-
EUP-O from Mycogen Seeds c/o Dow Agrosciences LLC requesting an
experimental use permit (EUP) for the plant-incorporated protectants
Bacillus thuringiensis Cry1A.105 protein and the

genetic material necessary for its production (vector PV-ZMIR245) in
MON 89034 corn, Bacillus thuringiensis Cry2Ab2 protein and the genetic
material necessary for its production (vector PV-ZMIR245) in MON 89034
corn, Bacillus thuringiensis Cry3Bb1 protein and the genetic material
necessary for its production (vector PV-ZMIR39) in MON 88107 corn,
Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the genetic
material necessary for their production (vector PHP 17662) in Event
DAS-59122-7 corn, and Bacillus thuringiensis Cry1F protein and the
genetic material necessary for its production (vector PHP8999) in Event
TC1507 corn. The Agency has determined that the permit may be of
regional and national significance. Therefore, in accordance with 40
CFR 172.11(a), the Agency is soliciting comments on this application.

DATES: Comments must be received on or before December 29, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0837, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0837. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons interested in agricultural
biotechnology or those who are or may be required to conduct testing of
chemical substances under the Federal Food, Drug, and Cosmetic Act
(FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). Since other entities may also 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 person
listed under FOR FURTHER INFORMATION CONTACT.

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 e-mail. 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 submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    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. What Action is the Agency Taking?

    Under section 5 of FIFRA, 7 U.S.C. 136c, EPA can allow
manufacturers to field test pesticides under development. Manufacturers
are required to obtain an EUP before testing new pesticides or new uses
of pesticides if they conduct experimental field tests on 10 acres or
more of land or one acre or more of water.
    Pursuant to 40 CFR 172.11(a), the Agency has determined that the
following EUP application may be of regional and national significance,
and therefore is seeking public comment on the EUP application:
    Submitter: Mycogen Seeds c/o Dow Agrosciences LLC, (68467-EUP-O).
    Pesticide Chemical: Bacillus thuringiensis Cry1A.105 protein and
the genetic material necessary for its production (vector PV-ZMIR245)
in MON 89034 corn, Bacillus thuringiensis Cry2Ab2 protein and the
genetic material necessary for its production (vector PV-ZMIR245) in
MON 89034 corn, Bacillus thuringiensis Cry3Bb1 protein and the genetic
material necessary for its production (vector PV-ZMIR39) in MON 88107
corn, Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the
genetic material necessary for their production (vector PHP 17662) in
Event DAS-59122-7 corn, and Bacillus thuringiensis Cry1F protein and
the genetic material necessary for its production (vector PHP8999) in
Event TC1507 corn.
    Summary of Request: The 68467-EUP-O application is for 279 acres of
MON 89034 x TC1507 x MON 88017 x DAS-59122-7, 2,239 acres of
intermediate combinations, 1,014 of registered plant-incorporated
protectants, and 1,205 acres of non-plant-incorporated protectant acres
and border rows for a total of 4,736 acres. Proposed shipment/use dates
are February 15, 2009 to June 30, 2010. Five trial protocols will be
conducted, including:
     Corn breeding and observation nursery.
     Corn agronomic trials.
     Herbicide tolerance trials.
     Corn efficacy trials.
     Insect resistance management trials.
    States and Commonwealth involved include: Arkansas, California,
Colorado, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri,
Nebraska, New York, North Carolina, North Dakota, Ohio, Pennsylvania,
Puerto Rico, South Dakota, Texas, and Wisconsin.
    A copy of the application and any information submitted is
available for public review in the docket established for this EUP
application as described under ADDRESSES.
    Following the review of the application and any comments and data
received in response to this solicitation, EPA will decide whether to
issue or deny the EUP request, and if issued, the conditions under
which it is to be conducted. Any issuance of an EUP will be announced
in the Federal Register.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: November 19, 2008.
Sheryl K. Reilly,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. E8-28296 Filed 11-26-08; 8:45 am]

BILLING CODE 6560-50-S


? Need to return call by / at/ between and . Signature: Project No.: 0<IP_ADDRESS> DISTRIBUTION Page __ 1_ of _ 1_

Project Name: 304( m) OCPSF Detailed Study TELEPHONE CALL RECORD Outgoing Call Date: 11/ 17/ 03 Time: 2 p. m.

Company Name: Honeywell Ironton Ironton, OH 740 532 9462, ext 1 Contact Name: Ellie Ku Codding Phone No.: 703 633 1673 Name: Jeff Zerkle Eastern Research Group, Inc.

GENERAL SUBJECT : PACs at Tar Sites TOPICS DISCUSSED AND ACTION TAKEN I called Mr. Zerkle to discuss the PACs reported to the 2000 TRI. I left a message explaining that I was hoping to find out which PACs the site discharged in their wastewater, especially if any were benzo( a) pyrene.

Mr. Zerkle left me a message on 11/ 18/ 2003 saying all the PACs that they reported in 2000 were below detection limit ( BDL).

I called Mr. Zerkle back to discuss more details on 11/ 19/ 2003 and left a message.


[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3697-3699]
[FR Doc No: 2015-01107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74087; File No. SR-NYSEMKT-2014-86]

Self-Regulatory Organizations; NYSE MKT LLC; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To Remove the Exchange's Quote Mitigation Plan as Provided
by Exchange Rule 970.1NY

January 16, 2015.

I. Introduction

    On October 2, 2014, NYSE MKT LLC, (``NYSE MKT'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
remove the Exchange's quote mitigation plan as provided by NYSE MKT
Rule 970.1NY. The proposed rule change was published for comment in the
Federal Register on October 21, 2014.\3\ On December 2, 2014, pursuant
to Section 19(b)(2) of the Act,\4\ the Commission designated a longer
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ On January 8, 2015, the
Exchange submitted a letter in further support of the proposal.\6\ The
Commission received no comments on the proposal. This order institutes
proceedings under Section 19(b)(2)(B) of the Act \7\ to determine
whether to approve or disapprove the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 73367 (October 15,
2014), 79 FR 63009 (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 73718, 79 FR 72748
(December 8, 2014). The Commission designated January 19, 2014, as
the date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ See Letter from Elizabeth King, Secretary & General Counsel,
Exchange, to Kevin O'Neill, Deputy Secretary, Commission, dated
January 8, 2015 (``NYSE MKT Letter'') available at http://www.sec.gov/comments/sr-nysemkt-2014-86/nysemkt201486-1.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of the Proposal

    In 2007, the Exchange adopted a quote mitigation plan in connection
with the Penny Pilot Program.\8\ According to the Exchange, the quote
mitigation plan was designed to reduce the number of quotation messages
sent by the Exchange to the Options Price Reporting Authority
(``OPRA'') by only submitting quote messages for ``active'' series.\9\
The Exchange defines active series under the quote mitigation plan in
Exchange Rule 970.1NY as: (i) Series that have traded on any options
exchange in the previous 14 calendar days; or (ii) series that are
solely listed on the Exchange; or (iii) series that have been trading
ten days or less, or; (iv) series for which the Exchange has received
an order.\10\ In addition, under the Exchange's quote mitigation plan,
the Exchange may define a series as active on an intraday basis if: (i)
The series trades at any options exchange; (ii) the Exchange receives
an order in the series; or (iii) the Exchange receives a request for
quote from a customer in that series.\11\
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    \8\ See Securities and Exchange Release No. 55162 (January 24,
2007), 72 FR 4738 (February 1, 2007) (Order Granting Approval of SR-
Amex-2006-106) (``Quote Mitigation Approval Order'').
    \9\ See Notice, supra note 3, at 63009.
    \10\ See Exchange Rule 970.1NY, and Notice, supra note 3, at
63009.
    \11\ See id.
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    The Exchange proposes to remove its quote mitigation plan from its
rules by deleting Exchange Rule 970.1NY.\12\ The Exchange believes that
its quote mitigation plan is no longer necessary primarily for three
reasons. First, the Exchange states that its incorporation of select
provisions of the Options Listing Procedures Plan (``OLPP'') \13\ in
Exchange Rule 903A serves to reduce the potential for excess quoting
because the OLPP limits the number of options series eligible to be
listed, which, according to the Exchange, reduces the number of options
series a market maker would be obligated to quote.\14\ Second, the
Exchange states its view that Exchange Rule 925.1NY Commentary .01,
which removes certain options series from market makers' continuous
quoting obligations, reduces the number of quote message traffic that
the

Exchange sends to OPRA.\15\ The Exchange states that reliance on the
OLPP, via Exchange Rule 930A, and the refined market maker quoting
obligations, pursuant to Commentary .01 to Exchange Rule 925.1NY, is
sufficient as a quote mitigation plan.\16\ Third, the Exchange states
that both its systems capacity and OPRA's systems capacity are more
than sufficient to accommodate any additional increase in quote traffic
that might be sent to OPRA as a result of the deletion of the quote
mitigation strategy.\17\ The Exchange represents that it continually
assesses its capacity needs and ensures that the capacity that it
requests from OPRA is sufficient and compliant with the requirements
established in the OPRA Capacity Guidelines.\18\
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    \12\ In addition, the Exchange proposes to amend paragraphs
(b)(1) and (b)(2) of Exchange Rule 970NY (Firm Quotes) to delete
references to the ``Quote Mitigation Plan.'' See Notice, supra note
3, at 63010.
    \13\ See Amendment to Plan for the Purpose of Developing and
Implementing Procedures Designed to Facilitate the Listing and
Trading of Standardized Options Submitted Pursuant to Section
11A(a)(3)(B) of the Securities Exchange Act available at http://www.theocc.com/clearing/industry-services/olpp.jsp (providing for
the most current OLPP). See also Securities and Exchange Release No.
44521 (July 6, 2001), 66 FR 36809 (July 13, 2001) (order approving
the OLPP).
    \14\ See Notice, supra note 3, at 63009. See also Securities and
Exchange Release No. 61978 (April 23, 2010), 75 FR 22886 (April 30,
2010) (in which the Exchange adopted select provisions of the OLPP
into Exchange Rule 903A).
    \15\ Commentary .01 to Exchange Rule 925.1NY provides that
Exchange market makers continuous quoting obligations do not apply
``to adjusted option series, and series with a time to expiration of
nine months or greater, for options on equities and Exchange Traded
Fund Shares, and series with a time to expiration of twelve months
or greater for Index options.'' See also Notice, supra note 3, at
63010.
    \16\ See id. The Exchange states its view that limiting the
number of options series listed on the Exchange is preferable to
suppressing the quotes of inactive options series, as required under
current Exchange Rule 970.1NY, because all quotes sent by Exchange
market makers are actionable even if not displayed. See id.
    \17\ See Notice, supra note 3, at 63010.
    \18\ See id.
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    The Exchange represents that it has in place certain measures that
the Exchange believes serve as additional safeguards against excessive
quoting.\19\ According to the Exchange, these safeguards include
monitoring and alerting market makers disseminating an unusual number
of quotes, a business plan designed to ensure that new listings are
actively traded,\20\ and excessive bandwidth utilization fees designed
to encourage the efficient quoting.\21\
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    \19\ See id.
    \20\ See id. at n.13 (citing to Commentary .09(b) to Exchange
Rule 915).
    \21\ See id. at n.14 (citing to NYSE Amex Options Fee Schedule,
available at, https://www.theice.com/publicdocs/nyse/markets/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf).
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    The Exchange proposes to announce the implementation date of the
proposed rule change by Trader Update and publish such announcement no
later than 60 days following the effective date of this proposal.\22\
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    \22\ See Notice, supra note 3, at 63010.
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III. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEMKT-2014-86 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \23\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change, as discussed below.
Institution of proceedings does not indicate that the Commission has
reached any conclusions with respect to any of the issues involved.
Rather, as described in greater detail below, the Commission seeks and
encourages interested persons to provide additional comment on the
proposed rule change.
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    \23\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act,\24\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of, and input from commenters with respect to the consistency
of the proposed rule change, as supplemented by the NYSE MKT
Letter,\25\ with Section 6(b)(5) of the Act, which require that the
rules of a national securities exchange be designed, among other
things, to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest; and not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.\26\
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    \24\ Id. Section 19(b)(2)(B) of the Exchange Act also provides
that proceedings to determine whether to disapprove a proposed rule
change must be concluded within 180 days of the date of publication
of notice of the filing of the proposed rule change. See id. The
time for conclusion of the proceedings may be extended for up to 60
days if the Commission finds good cause for such extension and
publishes its reasons for so finding. See id.
    \25\ See NYSE MKT Letter, supra note 6.
    \26\ 15 U.S.C. 78f(b)(5).
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IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
concerns identified above, as well as any other concerns they may have
with the proposed rule change. Although there do not appear to be any
issues relevant to approval or disapproval which would be facilitated
by an oral presentation of views, data, and arguments, the Commission
will consider, pursuant to Rule 19b-4, any request for an opportunity
to make an oral presentation.\27\ Interested persons are invited to
submit written data, views, and arguments regarding whether the
proposal should be approved or disapproved by February 13, 2015. Any
person who wishes to file a rebuttal to any other person's submission
must file that rebuttal by February 27, 2015.
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    \27\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Pub. L. 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
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    The Commission invites the written views of interested persons
concerning whether the proposal is consistent with Section 6(b)(5) \28\
or any other provision of the Act, or the rules and regulations
thereunder. The Commission asks that commenters address the sufficiency
and merit of the Exchange's statements in support of the proposed rule
change, in addition to any other comments they may wish to submit about
the proposed rule change. In particular, the Commission seeks comment
on the following:
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    \28\ Id.
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    1. As described above, the Exchange adopted its quote mitigation
plan as provided in Exchange Rule 970.1NY in connection with its
adoption of the Penny Pilot Program, which permits quoting of certain
options series in certain increments.\29\ The Commission has previously
noted that the Penny Pilot Program has contributed to an increase in
quotation message traffic from the options markets.\30\ In approving
the extension and expansion of the Penny Pilot Program in 2009 by the
Exchange's affiliated exchange, NYSE Arca, Inc., the Commission relied,
in part, on the NYSE Arca's representation that it would continue to
use quote mitigation strategies that would continue to mitigate
quotation traffic sent to OPRA.\31\
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    \29\ See supra note 8 and accompanying text.
    \30\ See Securities and Exchange Release No. 60711 (September
23, 2009), 74 FR 49419, 49422 (September 28, 2009) (Order Granting
Partial Accelerated Approval of a Proposed Rule Change, as Modified
by Amendment Nos. 1 and 3 thereto, Amending NYSE Arca Rule 6.72 and
Expanding the Penny Pilot Program).
    \31\ See id. The Commission stated: ``While the Commission
anticipates that NYSE Arca's proposed expansion of the Pilot Program
will contribute to further increases in quotation message traffic,
the Commission believes that NYSE Arca's proposal is sufficiently
limited such that it is unlikely to increase quotation message
traffic beyond the capacity of market participants' systems and
disrupt the timely receipt of quote information. NYSE Arca has
proposed to roll out the additional 300 classes over time, in groups
of 75 classes each quarter beginning on October 26, 2009. The
Commission further notes that a June 2, 2009 sustained message
traffic peak of 852,350 messages per second reported by OPRA is
still well below OPRA's current messages per second capacity limit
of 2,050,000. Moreover, NYSE Arca has adopted and will continue to
utilize quote mitigation strategies that should continue to mitigate
the expected increase in quotation traffic.'' Id. The Exchange
extended and expanded its participation the Penny Pilot Program and
made other changes to its Penny Pilot Program consistent with the
changes proposed by its affiliate exchange, NYSE Arca, Inc. See
Securities and Exchange Release No. 61106 (December 3, 2009), 74 FR
65193 (December 9, 2009) (citing Securities and Exchange Release No.
60711 (September 23, 2009), 74 FR 49419 (September 28, 2009)).

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    As noted above, the Exchange believes that its quote mitigation
strategy is no longer necessary because: (1) The Exchange has
incorporated select provisions of the OLPP in Exchange Rule 930A, which
the Exchange believes limits the number of series eligible to be
listed; (2) current Exchange Rule 925.1NY Commentary .01 removes
certain options series from market makers' continuous quoting
obligations, which the Exchange believes reduces the number of quote
messages that the Exchange sends to OPRA; and (3) both the Exchange's
systems capacity and OPRA's systems capacity are more than sufficient
to accommodate any additional increase in quote traffic that might be
sent to OPRA as a result of the deletion of the quote mitigation
strategy.\32\ Do commenters believe that reliance on the Exchange's
current rules and the existing systems capacity of the Exchange and
OPRA are sufficient or insufficient means to mitigate quote message
traffic from the Exchange to OPRA? Please explain.
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    \32\ See supra notes 13-18 and accompanying text.
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    2. What are commenters' views on the impact, if any, that might
result from the Exchange's proposal to remove its current quote
mitigation plan as provided in Exchange Rule 970.1NY? For example, what
are commenters' views on the impact the Exchange's proposal would have,
if any, on OPRA's system capacity? Please explain. Or, what are
commenters' views on the impact the Exchange's proposal would have on
market participants using OPRA and/or the Exchange's quotation message
feeds? Please explain.
    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-NYSEMKT-2014-86 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-NYSEMKT-2014-86. 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
10:00 a.m. and 3:00 p.m. Copies of such filings 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-NYSEMKT-2014-86 and should
be submitted on or before February 13, 2015. Rebuttal comments should
be submitted by February 27, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(57).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-01107 Filed 1-22-15; 8:45 am]
BILLING CODE 8011-01-P