[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Page 25078]
[FR Doc No: 2013-09985]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at Southwest Power Pool Regional
Entity Trustee, Regional State Committee and Board of Directors
Meetings

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of its staff may attend the meetings of the
Southwest Power Pool, Inc. (SPP) Regional Entity Trustee (RE), Regional
State Committee (RSC) and Board of Directors, as noted below. Their
attendance is part of the Commission's ongoing outreach efforts.
    All meetings will be held at the Hilton Kansas City Airport Hotel,
8801 NW 112th Street, Kansas City, MO 64153. The hotel's phone number
is<PHONE_NUMBER>.

SPP RE
April 29, 2013 (8:00 a.m.-12:00 p.m.)

SPP RSC
April 29, 2013 (1:00 p.m.-5:00 p.m.)

SPP Board of Directors
April 30, 2013 (8:00 a.m.-3:00 p.m.)

    The discussions may address matters at issue in the following
proceedings:

Docket No. ER06-451, Southwest Power Pool, Inc.
Docket No. ER08-1419, Southwest Power Pool, Inc.
Docket No. ER09-659, Southwest Power Pool, Inc.
Docket No. ER11-4105, Southwest Power Pool, Inc.
Docket No. ER12-140, Southwest Power Pool, Inc.
Docket No. ER12-550, Southwest Power Pool, Inc.
Docket No. ER12-891, Southwest Power Pool, Inc.
Docket No. ER12-909, Southwest Power Pool, Inc.
Docket No. ER12-959, Southwester Power Pool, Inc.
Docket No. ER12-1017, Southwest Power Pool, Inc.
Docket No. ER12-1018, Southwest Power Pool, Inc.
Docket No. ER12-1179, Southwest Power Pool, Inc.
Docket No. ER12-1401, Southwest Power Pool, Inc.
Docket No. ER12-1402, Southwest Power Pool, Inc.
Docket No. ER12-1586, Southwest Power Pool, Inc.
Docket No. ER12-1772, Southwest Power Pool, Inc.
Docket No. ER12-1779, Southwest Power Pool, Inc.
Docket No. ER12-2292, Southwest Power Pool, Inc.
Docket No. ER12-2366, Southwest Power Pool, Inc.
Docket No. EL12-2, Southwest Power Pool, Inc.
Docket No. EL12-47, Southwest Power Pool, Inc.
Docket No. EL12-51, Southwest Power Pool, Inc.
Docket No. EL12-60, Southwest Power Pool, Inc., et al.
Docket No. ER12-1813, The Empire District Electric Co.
Docket No. ER12-1071, Entergy Arkansas, Inc.
Docket No. EL12-59, Golden Spread Electric Cooperative, Inc.
Docket No. ER09-548, ITC Great Plains, LLC
Docket No. ER12-480, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-1577, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL11-34, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER09-36, Prairie Wind Transmission, LLC
Docket No. ER09-35, Tallgrass Transmission, LLC
Docket No. EL12-28, Xcel Energy Services Inc., et al.
Docket No. EL13-15, Southwestern Public Service Company
Docket No. EL13-35, Southwestern Public Service Company
Docket No. ER13-301, Southwest Power Pool, Inc.
Docket No. ER13-366, Southwest Power Pool, Inc.
Docket No. ER13-367, Southwest Power Pool, Inc.
Docket No. ER13-664, Southwest Power Pool, Inc.
Docket No. ER13-989, Southwest Power Pool, Inc.
Docket No. ER13-1013, Southwest Power Pool, Inc.
Docket No. ER13-1014, Southwest Power Pool, Inc.
Docket No, ER13-1032, Southwest Power Pool, Inc.
Docket No. ER13-1061, Southwest Power Pool, Inc.
Docket No. ER13-1068, Southwest Power Pool, Inc.
Docket No. ER13-1084, Southwest Power Pool, Inc.
Docket No. ER13-1173, Southwest Power Pool, Inc.
Docket No. ER13-1264, Southwest Power Pool, Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
    Dated: April 22, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-09985 Filed 4-26-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79371-79375]
[FR Doc No: 2015-31933]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76646; File No. SR-NYSEArca-2015-113)

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to the Index Underlying the WisdomTree
Put Write Strategy Fund

December 15, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 2, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to change a representation relating to the
number of components in the CBOE S&P 500 Put Write Index, the index
underlying the WisdomTree Put Write Strategy Fund (``Fund''). The
Securities and Exchange Commission (``Commission'') has approved
listing and trading of shares of the Fund on the Exchange under
Commentary .01 to NYSE Arca Equities Rule 5.2(j)(3) (``Investment
Company Units'').\4\ Shares of the Fund have not commenced listing and
trading on the Exchange. The proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
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    \4\ See note 6, infra.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Commission has approved a proposed rule change relating to
listing and trading on the Exchange of shares (``Shares'') of the Fund
on the Exchange under Commentary .01 to NYSE Arca Equities Rule
5.2(j)(3) \5\ (``Investment

Company Units'').\6\ Shares of the Fund have not commenced listing and
trading on the Exchange.
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    \5\ NYSE Arca Equities Rule 5.2(j)(3)(A) provides that an
Investment Company Unit is a security that represents an interest in
a registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities (or holds securities in another registered
investment company that holds securities comprising, or otherwise
based on or representing an interest in, an index or portfolio of
securities).
    \6\ See Securities Exchange Act Release Nos. 74290 (February 18,
2015), 80 FR 9818 (February 24, 2015) (SR-NYSEArca-2015-05) (notice
of filing of proposed rule change relating to listing and trading of
shares of WisdomTree Put Write Strategy Fund under Commentary .01 to
NYSE Arca Equities Rule 5.2(j)(3)) (``Prior Notice''); 74675 (April
8, 2015), 80 FR 20038 (April 14, 2015) (SR-NYSEArca-2015-05) (order
approving proposed rule change to list and trade shares of
WisdomTree Put Write Strategy Fund under Commentary .01 to NYSE Arca
Equities Rule 5.2(j)(3)) (``Prior Order'' and, together with the
Prior Notice, the ``Prior Release'').
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    The Shares will be offered by the WisdomTree Trust (``Trust''),
which was established as a Delaware statutory trust on December 15,
2005. The Trust is registered with the Commission as an investment
company and has filed a registration statement on Form N-1A
(``Registration Statement'') with the Commission on behalf of the
Fund.\7\
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    \7\ The Trust is registered under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (``1940 Act''). See Post-Effective Amendment
No. 381 to Registration Statement on Form N-1A for the Trust, dated
December 15, 2014 (File Nos. 333-132380 and 811-21864). The
descriptions of the Fund and the Shares contained herein are based
on information in the Registration Statement. In addition, the
Commission has issued an order granting certain exemptive relief to
the Trust under the 1940 Act. See Investment Company Act Release No.
28171 (October 27, 2008) (File No. 812-13458).
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    The Exchange proposes to change a representation made in the Prior
Release relating to the number of components in the CBOE S&P 500 Put
Write Index (``Index''), the index underlying the Fund.
    As described in the Prior Release, the Fund's investment objective
will be to seek investment results that, before fees and expenses,
closely correspond to the price and yield performance of the Index. The
Index was developed and is maintained by the Chicago Board Options
Exchange, Inc. (``CBOE'' or the ``Index Provider''). The Fund's
investment objective is to seek investment results that, before fees
and expenses, closely correspond to the price and yield performance of
the Index. The Index tracks the value of a passive investment strategy,
which consists of overlaying of S&P 500 Index put options (``SPX
Puts'') over a money market account, invested in one and three-month
Treasury bills (``PUT Strategy''). The SPX Puts are struck at-the-money
and are sold on a monthly basis, usually the third Friday of the month
(i.e., the ``Roll Date''), which matches the expiration date of the SPX
Puts. All SPX Puts are standardized options traded on the CBOE.
    As stated in the Prior Release, the Exchange submitted a proposed
rule change (i.e., File No. SR-NYSEArca-2015-05) to permit listing and
trading of Shares of the Fund because the Index for the Fund does not
meet all of the ``generic'' listing requirements of Commentary
.01(a)(A) to NYSE Arca Equities Rule 5.2(j)(3), applicable to the
listing of Investment Company Units based upon an index of ``US
Component Stocks.'' \8\ Specifically, Commentary .01(a)(A) to NYSE Arca
Equities Rule 5.2(j)(3) sets forth the requirements to be met by
components of an index or portfolio of US Component Stocks. Because the
Index consists primarily of SPX Puts, rather than ``US Component
Stocks'' as defined in NYSE Arca Equities Rule 5.2(j)(3), the Index
does not satisfy the requirements of Commentary .01(a)(A).
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    \8\ NYSE Arca Equities Rule 5.2(j)(3) provides that the term
``US Component Stock'' shall mean an equity security that is
registered under sections 12(b) or 12(g) of the Act and an American
Depositary Receipt, the underlying equity securities of which is
registered under Sections 12(b) or 12(g) of the Act.
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    As stated in the Prior Release, the Shares will conform to the
initial and continued listing criteria under NYSE Arca Equities Rules
5.2(j)(3) and 5.5(g)(2), except that the Index will not meet the
requirements of NYSE Arca Equities Rule 5.2(j)(3), Commentary
.01(a)(A)(1-5) in that the Index will consist of one series of options
based on US Component Stocks (i.e., SPX Puts), rather than US Component
Stocks. However, the Prior Release also stated that the Index will
include a minimum of 20 components and therefore, would meet the
numerical requirements of NYSE Arca Equities Rule 5.2(j)(3), Commentary
.01(a)(A)(4) (a minimum of 13 index or portfolio components). The
representation in the preceding sentence is incorrect in that NYSE Arca
Equities Rule 5.2(j)(3), Commentary .01 is inapplicable to an index
consisting of options. NYSE Arca Equities Rule 5.2(j)(3), Commentary
.01(a)(A)(4) requires that an underlying index include a minimum of 13
``component stocks'', i.e., US Component Stocks or Non-US Component
Stocks (as defined in NYSE Arca Equities Rule 5.2(j)(3)), not options
components.\9\ In addition, the Index does not include 20 components,
but rather consists of one component, which will be one series of SPX
Puts struck at-the-money and sold on a monthly basis.
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    \9\ NYSE Arca Equities Rule 5.2(j)(3), Commentary .01(a)(A)(5)
provides that all securities in the applicable index or portfolio
shall be US Component Stocks listed on a national securities
exchange and shall be NMS Stocks as defined in Rule 600 under
Regulation NMS of the Act. Each component stock of the S&P 500 Index
is a US Component Stock that is listed on a national securities
exchange and is an NMS Stock. Options are excluded from the
definition of NMS Stock. As stated in the Prior Release, the Fund
and the Index meet all of the requirements of the listing standards
for Investment Company Units in NYSE Arca Equities Rule 5.2(j)(3)
and the requirements of Commentary .01, except the requirements in
Commentary .01(a)(A)(1)-(5), as the Index consists of options on US
Component Stocks.
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    The Exchange believes it is appropriate to strike from the Prior
Release the representation that the Index will include a minimum of 20
components and would meet the numerical requirements of NYSE Arca
Equities Rule 5.2(j)(3), Commentary .01(a)(A)(4) because such
Commentary is inapplicable to an index containing options components
and because the Index does not include a minimum of 20 components. The
Exchange believes that such deletion will not adversely impact
investors or the public interest in that the Index is based on CBOE-
traded puts on one of the most widely-followed broad-based market
indexes--the S&P 500.
    S&P 500 Index options traded on CBOE are highly liquid, with
average daily trading volume in 2014 of 888,089 contracts, with a
notional size per contract of $200,000.\10\ The Exchange represents
that the average daily trading volume of at-the-money 30-day SPX Puts
as of approximately 12:00 noon on each of the three recent Roll Dates
was as follows: For Roll Date of April 17, 2015 (expiry May 15, 2015),
strike price of 2080, 4,069 contracts on Roll Date, 2,273 average
contracts per day through expiration; for Roll Date of May 15, 2015
(expiry June 19, 2015), strike price of 2120, 9,521 contracts on Roll
Date, 2,427 average contracts per day through expiration; and for Roll
Date of June 19, 2015 (expiry July 17, 2015), strike price of 2110, 126
contracts on Roll Date, 859 average contracts per day through
expiration.\11\ Moreover, the proceeds of the sales of the SPX Puts
will be invested in one and three-month Treasury bills, which are also
highly liquid instruments.
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    \10\ See www.CBOE.com.
    \11\ Source: Bloomberg.
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    The trading volume of the at-the-money SPX Puts as of approximately
12:00 noon on Roll Dates compares favorably with at-the-money (as of
approximately 12:00 noon) put options on other major indexes on Roll
Dates. For example, the trading volume of comparable 30-day put options
trading at-the-money as of 12:00 noon on each of the Roll Dates above
on the Russell 2000 Index (``RUT'') was as follows: For

Roll Date of April 17, 2015 (expiry May 15, 2015), strike price of
1250, 1,137 contracts on Roll Date, 554 average contracts per day
through expiration; for Roll Date of May 15, 2015 (expiry June 19,
2015), strike price of 1240, 356 contracts on Roll Date, 624 average
contracts per day through expiration; and Roll Date of June 19, 2015
(expiry July 17, 2015), strike price of 1280, 2,240 contracts on Roll
Date, 670 average contracts per day through expiration.\12\
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    \12\ Id.
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    The daily high, low and last reported sales prices on each of the
Roll Dates for SPX Puts at-the-money as of approximately 12:00 noon
were as follows: Roll Date of April 17, 2015 (expiry May 15, 2015),
strike price of 2080, daily high: $34.65, low: $23.45, last: $28.70;
Roll Date of May 15, 2015 (expiry June 19, 2015), strike price of 2120,
daily high: $32.70, low: $29.00, last: $29.00; and Roll Date of June
19, 2015 (expiry July 17, 2015), strike price of 2110, daily high:
$30.40, low: $24.20, last: $30.40.\13\
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    \13\ Source: CBOE.
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    The Exchange estimates that on launch date, the Fund would hold
approximately $2.5-$5.0 million in cash and cash equivalents (e.g. one-
month and three-month Treasury bills). This estimate is based on a
minimum of 100,000-200,000 Shares being created at an estimated initial
offering price of $25 per Share.
    The Exchange believes that sufficient protections are in place to
protect against market manipulation of the Fund's Shares and SPX Puts
for several reasons: (i) Surveillances administered by each of the
Exchange, CBOE and FINRA designed to detect violations of the federal
securities laws and self-regulatory organization (``SRO'') rules; (ii)
the large number of financial instruments tied to the specified
securities; and (iii) the exchange-traded fund (``ETF'') creation/
redemption arbitrage mechanism tied to the large pool of liquidity of
each of the Fund's underlying investments, as more fully described
below.
    Trading in the Shares and the underlying Fund instruments will be
subject to the federal securities laws and Exchange, CBOE and the
Financial Industry Regulatory Authority (``FINRA'') rules and
surveillance programs.\14\ In this regard, the Exchange has in place a
surveillance program for transactions in ETFs to ensure the
availability of information necessary to detect and deter potential
manipulations and other trading abuses, thereby making the Shares less
readily susceptible to manipulation. The Exchange notes that the Fund's
portfolio is not readily susceptible to manipulation as assets in the
portfolio--comprised primarily of short-term U.S. Treasury bills \15\
and SPX Puts--will be acquired in extremely liquid and highly regulated
markets.
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    \14\ The Exchange notes that CBOE is a member for the Options
Regulatory Surveillance Authority, which was established in 2006, to
provide efficiencies in looking for insider trading and serves as a
central organization to facilitate collaboration in insider trading
and investigations for the U.S. options exchanges. For more
information, see http://www.cboe.com/aboutcboe/legal/departments/orsareg.aspx.
    \15\ The Treasury bill market is highly liquid; Treasury bills
are often considered a cash-equivalent given the ability of
investors to quickly convert them into cash. According to Federal
Reserve Bank of New York data as of September 2015, average daily
trading volume for U.S. Treasury bills totaled $67.8 billion. In
addition, the Treasury market and its participants are subject to a
wide range of oversight and regulations, including requirements
designed to prevent market manipulation and other abuses. For
example, Treasury market participants and the Treasury market,
itself, are subject to significant oversight by a number of
regulatory authorities, including the Treasury, the Commission,
federal bank regulators, and the Financial Industry Regulatory
Authority. The Exchange contends that the short-term Treasury
securities that the Fund will acquire as part of its strategy are
not readily susceptible to market manipulation due to the liquidity
and extensive oversight associated with the short-term U.S. Treasury
market.
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    SPX options are among the most liquid index options in the U.S. and
derive their value from the actively traded S&P 500 Index components.
SPX options are cash-settled with no delivery of stocks or ETFs, and
trade in competitive auction markets with price and quote transparency.
The Exchange believes the highly regulated S&P 500 options markets and
the broad base and scope of the S&P 500 Index make securities that
derive their value from that index, including S&P 500 options, less
susceptible to potential market manipulation in view of market
capitalization and liquidity of the S&P 500 Index components, price and
quote transparency, and arbitrage opportunities.
    Because the pricing of the Shares is tied to the Fund's underlying
assets (cash, Treasuries and SPX Puts), all of which are traded in
efficient, diversified and liquid markets, the Exchange also expects
the liquidity in the congruent creation/redemption arbitrage mechanism
to keep the Shares' market pricing in line such that the Shares'
pricing would not materially differ from their net asset value. The
Exchange believes that the efficiency and liquidity of the markets for
SPX Puts, related derivatives, and S&P 500 Index components are
sufficiently great as to deter fraudulent or manipulative acts
associated with the Fund's Share price. Coupled with the extensive
surveillance programs of the SROs described above, the Exchange does
not believe that trading in the Fund's Shares, as proposed, would
present manipulation concerns.
Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by regulatory staff
of the Exchange or the Financial Industry Regulatory Authority
(``FINRA'') on behalf of the Exchange, which are designed to detect
violations of Exchange rules and applicable federal securities
laws.\16\ The Exchange represents that these procedures are adequate to
properly monitor Exchange trading of the Shares in all trading sessions
and to deter and detect violations of Exchange rules and federal
securities laws applicable to trading on the Exchange.
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    \16\ FINRA surveils certain trading activity on the Exchange
pursuant to a regulatory services agreement. The Exchange is
responsible for FINRA's performance under this regulatory services
agreement.
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    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    FINRA, on behalf of the Exchange, or the regulatory staff of the
Exchange, will communicate as needed regarding trading in the Shares
and SPX Index options with other markets and other entities that are
members of the Intermarket Surveillance Group (``ISG''), and FINRA, on
behalf of the Exchange, or the regulatory staff of the Exchange, may
obtain trading information regarding trading such securities from such
markets and other entities. In addition, the regulatory staff of the
Exchange may obtain information regarding trading in such securities
from markets and other entities that are members of ISG or with which
the Exchange has in place a comprehensive surveillance sharing
agreement.\17\
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    \17\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio for a Fund may trade on markets that are members
of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.
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    In addition, the Exchange also has a general policy prohibiting the

distribution of material, non-public information by its employees.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under section 6(b)(5) \18\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule
5.2(j)(3). The Exchange has in place surveillance procedures that are
adequate to properly monitor trading in the Shares in all trading
sessions and to deter and detect violations of Exchange rules and
applicable federal securities laws. The Exchange represents that
trading in the Shares will be subject to the existing trading
surveillances, administered by regulatory staff of the Exchange or
FINRA on behalf of the Exchange, which are designed to detect
violations of Exchange rules and applicable federal securities laws.
FINRA, on behalf of the Exchange, or the regulatory staff of the
Exchange, will communicate as needed regarding trading in the Shares
and SPX Index options with other markets and other entities that are
members of ISG, and FINRA, on behalf of the Exchange, or the regulatory
staff of the Exchange, may obtain trading information regarding trading
such securities from such markets and other entities. In addition, the
regulatory staff of the Exchange may obtain information regarding
trading in such securities from markets and other entities that are
members of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement. The Exchange believes it is appropriate
to strike from the Prior Release the representation that the Index will
include a minimum of 20 components and would meet the numerical
requirements of NYSE Arca Equities Rule 5.2(j)(3), Commentary
.01(a)(A)(4), as described above. The Exchange believes that such
deletion will not adversely impact investors or the public interest in
that the Index is based on CBOE-traded puts on the S&P 500, which are
highly liquid and actively traded. The Exchange represents that S&P 500
Index options traded on CBOE are highly liquid, with average daily
trading volume in 2014 of 888,089 contracts, with a notional size per
contract of $200,000.\19\ The Exchange represents that the average
daily trading volume of at-the-money 30-day SPX Puts as of
approximately 12:00 noon on each of the three previously referenced
Roll Dates. Moreover, the proceeds of the sales of the SPX Puts will be
invested in one and three-month Treasury bills, which are also highly
liquid instruments. The trading volume of the at-the-money SPX Puts as
of approximately 12:00 noon on Roll Dates compares favorably with at-
the-money (as of approximately 12:00 noon) put options on other major
indexes on Roll Dates. Trading in the Shares and the underlying Fund
instruments will be subject to the federal securities laws and
Exchange, CBOE and FINRA rules and surveillance programs. In this
regard, the Exchange has in place a surveillance program for
transactions in ETFs to ensure the availability of information
necessary to detect and deter potential manipulations and other trading
abuses, thereby making the Shares less readily susceptible to
manipulation. The Exchange notes that the Fund's portfolio is not
readily susceptible to manipulation as assets in the portfolio--
comprised primarily of short-term U.S. Treasury bills and SPX Puts--
will be acquired in extremely liquid and highly regulated markets.
---------------------------------------------------------------------------

    \19\ See www.CBOE.com.
---------------------------------------------------------------------------

    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that trading in the Shares is subject to all requirements of NYSE Arca
Equities Rule 5.2(j)(3). The Index is based on CBOE-traded puts on the
S&P 500, which are highly liquid and actively traded. The Web site for
the Fund will include a form of the prospectus for the Fund and
additional data relating to NAV and other applicable quantitative
information. In addition, as stated in the Prior Notice, investors will
have ready access to information regarding the Fund's holdings, the
Intraday Indicative Value, and quotation and last sale information for
the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest. As noted above, the Exchange has in place surveillance
procedures relating to trading in the Shares and may obtain information
via ISG from other exchanges that are members of ISG or with which the
Exchange has entered into a comprehensive surveillance sharing
agreement. In addition, as stated in the Prior Release, investors will
have ready access to information regarding the Fund's holdings, the
Intraday Indicative Value, and quotation and last sale information for
the Shares.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The proposed rule change will
enhance competition by permitting listing and trading of an additional
type of index-based exchange-traded fund whose underlying index
includes an options component.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or such longer time 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 self-regulatory organization 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-NYSEArca-2015-113 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities

and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2015-113. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2015-113 and should
be submitted on or before January 11, 2016.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31933 Filed 12-18-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18591-18592]
[FR Doc No: 2014-07279]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71819; File No. SR-FINRA-2013-039]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Designation of Longer Period for Commission
Action on Proceedings To Determine Whether To Disapprove Proposed Rule
Change, As Modified by Amendment No. 1, To Clarify the Classification
and Reporting of Certain Securities to FINRA

March 27, 2014.
    On September 16, 2013, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') 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 clarify the classification and reporting of
certain securities to FINRA. The proposed rule change was published for
comment in the Federal Register on September 30, 2013.\3\ The
Commission received two comments on the proposal.\4\ On November 12,
2013, FINRA granted the Commission an extension of time to act on the
proposal until December 29, 2013.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 70482 (September 23,
2013), 78 FR 59995 (September 30, 2013).
    \4\ See Letters to the Commission from Sean Davy, Managing
Director, Capital Markets, SIFMA, dated October 21, 2013; and
Manisha Kimmel, Executive Director, Financial Information Forum,
dated October 31, 2013.
---------------------------------------------------------------------------

    On December 24, 2013, the Commission instituted proceedings to
determine whether to disapprove the proposed rule change (``Order
Instituting Proceedings'').\5\ On February 12, 2014, FINRA submitted
Amendment No. 1 to respond to the comment letters and amend the
proposed rule change, which the Commission published for comment in the
Federal Register on March 5, 2014 (``Notice of Amendment No. 1'').\6\
In response to the Order Instituting Proceedings and the Notice of
Amendment No. 1, the Commission received one additional comment letter
on the proposal.\7\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 71180 (December 24,
2013), 78 FR 79716 (December 31, 2013).
    \6\ See Securities Exchange Act Release No. 71629 (February 27,
2014), 79 FR 12541.
    \7\ See Letter to the Commission from Sean Davy, Managing
Director, Capital Markets, SIFMA, dated March 14, 2014.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \8\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule changes not later than 180 days after
the date of publication of notice of their filing. The Commission may
extend the period for issuing an order approving or disapproving the
proposed rule changes, however, by up to 60 days if the Commission
determines that a longer period is appropriate and publishes the
reasons for such determination. In this case, the proposed rule changes
were published for notice and comment in the Federal Register on
September 30, 2013; March 29, 2014, is 180 days from that date, and May
28, 2014, is 240 days from that date.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to evaluate Amendment No. 1
and the issues that commenters have raised concerning the proposed rule
change and Amendment No. 1. Furthermore, the comment period for
Amendment No. 1 expires on March 27, 2014, only one day prior to the
end of the period within which the Commission otherwise would be
required to issue its approval or disapproval order.

    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\9\ designates May 28, 2014, as the date by which the Commission
shall either approve or disapprove the proposed rule change (File No.
SR-FINRA-2013-039).
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-07279 Filed 4-1-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Notices]
[Page 27600-27601]
[DOCID:fr17my10-98]

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SECURITIES AND EXCHANGE COMMISSION

[Rule 17a-8; SEC File No. 270-225; OMB Control No. 3235-0235]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17a-8; SEC File No. 270-225; OMB Control No. 3235-0235.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 17a-8 (17 CFR 270.17a-8) under the Investment Company Act of
1940 (the ``Act'') (15 U.S.C. 80a) is entitled ``Mergers of affiliated
companies.'' Rule 17a-8 exempts certain mergers and similar business
combinations (``mergers'') of affiliated registered investment
companies (``funds'') from prohibitions under section 17(a) of the Act
(15 U.S.C. 80a-17(a)) on purchases and sales between a fund and its
affiliates. The rule requires fund directors to consider certain issues
and to record their findings in board minutes. The rule requires the
directors of any fund merging with an unregistered entity to approve
procedures for the valuation of assets received from that entity. These
procedures must provide for the preparation of a report by an
independent evaluator that sets forth the fair value of each such asset
for which market quotations are not readily available. The rule also
requires a fund being acquired to obtain approval of the merger
transaction by a majority of its outstanding voting securities, except
in certain situations, and requires any surviving fund to preserve
written records describing the merger and its terms for six years after
the merger (the first two in an easily accessible place).
    The average annual burden of meeting the requirements of rule 17a-8
is estimated to be 7 hours for each fund. The Commission staff
estimates that each year approximately 610 funds rely on the rule. The
estimated total average annual burden for all respondents therefore is
4270 hours.
    This estimate represents a decrease of 2170 hours from the prior
estimate of 6440 hours. The decrease results from a change in the
methodology used to estimate the number of mergers between affiliated
funds or fund portfolios.
    The average cost burden of preparing a report by an independent
evaluator in a merger with an unregistered entity is estimated to be
$15,000. The average net cost burden of obtaining approval of a merger
transaction by a majority of a fund's outstanding voting securities is
estimated to be $80,000. The Commission staff estimates that each year
approximately 0 mergers with unregistered entities occur and
approximately 15 funds hold shareholder votes that would not otherwise
have held a shareholder vote to comply with State law. The total annual
cost burden of meeting these requirements is estimated to be
$1,200,000.
    The estimates of average burden hours and average cost burdens are
made solely for the purposes of the Paperwork Reduction Act, and are
not derived from a comprehensive or even a representative survey or
study. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
    Written comments are requested on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Charles Boucher, Director/
CIO,

Securities and Exchange Commission, c/o Shirley Martinson, 6432 General
Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_
<EMAIL_ADDRESS>
    Dated: May 10, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-11659 Filed 5-14-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37273-37275]
[FR Doc No: 2015-16013]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]

Product-Specific Bioequivalence Recommendations; Draft and
Revised Draft Guidances for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of additional draft and revised draft product-specific
bioequivalence (BE) recommendations. The recommendations provide
product-specific guidance on the design of BE studies to support
abbreviated new drug applications (ANDAs). In the Federal Register of
June 11, 2010, FDA announced the availability of a guidance for
industry entitled ``Bioequivalence Recommendations for Specific
Products'' that explained the process that would be used to make
product-specific BE recommendations available to the public on FDA's
Web site. The BE recommendations identified in this notice were
developed using the process described in that guidance.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comments on
these draft and revised draft guidances before it begins work on the
final versions of the guidances, submit either electronic or written
comments on the draft and revised draft product-specific BE
recommendations listed in this notice by August 31, 2015.

ADDRESSES: Submit written requests for single copies of the individual
BE guidances to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10001 New
Hampshire Ave., Hillandale Bldg., 4th Floor, Silver Spring, MD 20993-
0002. Send one self-addressed adhesive label to assist that office in
processing your requests. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance recommendations.
    Submit electronic comments on the draft product-specific BE
recommendations to http://www.regulations.gov. Submit written comments
to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Xiaoqiu Tang, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 4730, Silver Spring, MD 20993-0002, 301-
796-5850.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010 (75 FR 33311), FDA
announced the availability of a guidance for industry entitled
``Bioequivalence Recommendations for Specific Products'' that explained
the process that would be used to make product-specific BE
recommendations available to the public on FDA's Web site at  http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.
    As described in that guidance, FDA adopted this process as a means
to develop and disseminate product-specific BE recommendations and
provide a meaningful opportunity for the public to consider and comment
on those recommendations. Under that process, draft recommendations are
posted on FDA's Web site and announced periodically in the Federal
Register. The public is encouraged to submit comments on those
recommendations within 60 days of their announcement in the Federal
Register. FDA considers any comments received and either publishes
final recommendations or publishes revised draft recommendations for
comment. Recommendations were last announced in the Federal Register on
March 9, 2015 (80 FR 12502). This notice announces draft product-
specific

recommendations, either new or revised, that are posted on FDA's Web
site.

II. Drug Products for Which New Draft Product-Specific BE
Recommendations are Available

    FDA is announcing the availability of a new draft guidance for
industry on product-specific BE recommendations for drug products
containing the following active ingredients:

Table 1--New Draft Product-Specific BE Recommendations for Drug Products
------------------------------------------------------------------------

-------------------------------------------------------------------------
Abacavir sulfate; Dolutegravir sodium; Lamivudine.
Afatinib dimaleate.
Alendronate sodium.
Aspirin.
Azelastine hydrochloride; Fluticasone propionate.
Budesonide; Formoterol fumarate dihydrate.
Calcium carbonate; Famotidine; Magnesium hydroxide.
Canagliflozin; Metformin hydrochloride.
Cyclophosphamide.
Cyproheptadine hydrochloride.
Dabrafenib mesylate.
Dapagliflozin propanediol.
Dexbrompheniramine maleate and Pseudoephedrine sulfate.
Dolutegravir sodium.
Donepezil hydrochloride; Memantine hydrochloride.
Doxycycline hyclate.
Droxidopa.
Eliglustat tartrate.
Empagliflozin.
Emtricitabine; Tenofovir disoproxil fumarate.
Enzalutamide.
Fentanyl.
Indomethacin.
Lanthanum carbonate.
Levalbuterol tartrate.
Levomilnacipran hydrochloride.
Macitentan.
Methazolamide.
Miglitol.
Naloxegol oxalate.
Naproxen sodium.
Nitroglycerin.
Omeprazole; Sodium bicarbonate.
Oxybutynin (multiple reference listed drugs and dosage forms).
Oxycodone hydrochloride.
Primaquine phosphate.
Sildenafil citrate.
Simeprevir sodium.
Sofosbuvir.
Tolcapone.
Vemurafenib.
Vismodegib.
Vortioxetine hydrobromide.
------------------------------------------------------------------------

III. Drug Products for Which Revised Draft Product-Specific BE
Recommendations are Available

    FDA is announcing the availability of a revised draft guidance for
industry on product-specific BE recommendations for drug products
containing the following active ingredients:

   Table 2--Revised Draft Product-Specific BE Recommendations for Drug
                         Products Cholestyramine
------------------------------------------------------------------------

-------------------------------------------------------------------------
Doxycycline hyclate.
Prasugrel hydrochloride.
Tiagabine hydrochloride.
------------------------------------------------------------------------

    For a complete history of previously published Federal Register
notices related to product-specific BE recommendations, go to http://www.regulations.gov and enter Docket No. FDA-2007-D-0369.
    These draft and revised draft guidances are being issued consistent
with FDA's good guidance practices regulation (21 CFR 10.115). These
guidances represent the Agency's current thinking on product-specific
design of BE studies to support ANDAs. They do not establish any rights
for anyone and are not binding on FDA or the public. You may use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

IV. Comments

    Interested persons may submit either electronic comments on any of
the

specific BE recommendations posted on FDA's Web site to http://www.regulations.gov or written comments to the Division of Dockets
Management (see ADDRESSES). It is only necessary to send one set of
comments. Identify comments with the docket number found in brackets in
the heading of this document. The guidances, notices, and received
comments may be seen in the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday, and will be posted to the
docket at http://www.regulations.gov.

V. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: June 24, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-16013 Filed 6-29-15; 8:45 am]
BILLING CODE 4164-01-P


From:
Kiechle, Fredric S<EMAIL_ADDRESS>Sent:
Monday, August 29, 2016 4:16 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Cc:
May, Jeffrey X<EMAIL_ADDRESS>Zavoda, Rich<EMAIL_ADDRESS>Hill, John R<EMAIL_ADDRESS>Subject:
RE: Coke MACT ICR testing method question SW-846 Method 8100

Dr. Jones,

Thank you for accepting 8270C as an appropriate method alternative to 8100 and for providing a timely answer.

Scott K

F. Scott Kiechle  Sr. Engineer-Environmental ArcelorMittal Burns Harbor Maintenance, Environmental & Utilities | 250 W. U.S. Highway 12 Burns Harbor, IN 46304-9745 T +219 787 4968 | F +219 787 4973  | M +219 313 2661  | www.arcelormittal.c  Qapla'!

-----Original Message-----
From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Monday, August 29, 2016 12:45 PM
To: Kiechle, Fredric S; GABRIELLE RAYMOND
Cc: May, Jeffrey X; Zavoda, Rich; Hill, John R
Subject: RE: Coke MACT ICR testing method question SW-846 Method 8100

You are Ok to use 8270C. I will send out an email to the industry soon on this issue.

_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02) Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

-----Original Message-----
From: Kiechle, Fredric S<EMAIL_ADDRESS>Sent: Friday, August 26, 2016 2:37 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS>Cc: May, Jeffrey X<EMAIL_ADDRESS>Zavoda, Rich<EMAIL_ADDRESS>Hill, John R<EMAIL_ADDRESS>Subject: RE: Coke MACT ICR testing method question SW-846 Method 8100

Thank you, much appreciated.

Scott K

F. Scott Kiechle  Sr. Engineer-Environmental ArcelorMittal Burns Harbor Maintenance, Environmental & Utilities | 250 W. U.S. Highway 12 Burns Harbor, IN 46304-9745 T +219 787 4968 | F +219 787 4973  | M +219 313 2661  | www.arcelormittal.c  Qapla'!

-----Original Message-----
From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Friday, August 26, 2016 1:36 PM
To: Kiechle, Fredric S; GABRIELLE RAYMOND
Cc: May, Jeffrey X; Zavoda, Rich; Hill, John R
Subject: Re: Coke MACT ICR testing method question SW-846 Method 8100

I am checking with EPA measurement staff and will get back with you hopefully soon.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02) Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

________________________________________
From: Kiechle, Fredric S<EMAIL_ADDRESS>Sent: Friday, August 26, 2016 1:43 PM
To: Jones, DonnaLee; GABRIELLE RAYMOND
Cc: May, Jeffrey X; Zavoda, Rich; Hill, John R
Subject: Coke MACT ICR testing method question SW-846 Method 8100

Dr. Jones,

The USEPA 114 Request Coke Information Collection Request (ICR) includes analyzing the Pushing Baghouse Dust using EPA SW-846 Method 8100  for Semi-volatile HAPs (PAHs). We have been informed by a third party independent lab that SW-846 Method 8270C is preferred "as opposed to method SW-846 Method 8100.  The main difference is that method 8100 was released back in 1986 and this method references technology that is now considered dated and is not as sensitive, accurate, or efficient as the newer method SW-846 Method 8270C.  Method 8270C was released in 1996 so it is 10 years more current than 8100.  Method 8100 used a GC/FID system as 8270 uses GC/MS.  MS stands for Mass Spectrometer.  The Mass Spectrometer is much better technology that the FID (Flame Ionization Detector) used in method 8100 for identifying and quantitation PAHs compounds.  There are probably not even many labs that still use method 8100 as method 8270 is the most common and preferred way to analyze for PAHs these days in the environmental testing industry.  The sensitivity of 8270 is also much better than 8100.  We are able to detect much lower amounts of PAHs using 8270."

Please approve the use of SW-846 Method 8270C in lieu of SW-846 Method 8100 to analyze the pushing baghouse dust for Semi-volatile HAPs (PAHs).

The Coke ICR Enclosure 2 excerpt, "Table 3. Information for Material Sampling and Analysis" is provided below.

Pushing control baghouse dust or scrubber sludge (as applicable)

Mercury

EPA SW84619 Method 7471B with sample preparation by EPA SW84619 Methods 3050, 3051, or 3052

Take one sample during each Method 29 test run

mg/kg
(dry basis)

PAH/POM

EPA19 SW846 Method 8100

Take one sample during each test run for semi-volatile HAP (PAHs)

Semi-volatile HAP (Semi-Vol) and CAS No.'s Acenaphthene (83-32-9) Acenaphthylene (208-96-8) Anthracene (120-12-7) Benz[a]anthracene (56-55-3) Benzo[a]pyrene (50-32-8) Benzo[b]fluoranthene (205-99-2) Benzo[g,h,i]perylene (191-24-2) Benzo[k]fluoranthene (207-08-9) Chrysene (218-01-9) Dibenz[a,h]anthracene (53-70-3) Fluoranthene (206-44-0) Fluorene (86-73-7) Indeno (1,2,3-cd) pyrene (193-39-5) Naphthalene (91-20-3) Phenanthrene (85-01-8) Perylene (198-55-0) Pyrene (129-00-0)

Thank You,
Scott Kiechle

F. Scott Kiechle  Sr. Engineer-Environmental ArcelorMittal Burns Harbor Maintenance, Environmental & Utilities | 250 W. U.S. Highway 12 Burns Harbor, IN 46304-9745 T +219 787 4968 | F +219 787 4973  | M +219 313 2661  | www.arcelormittal.c  Qapla'!