[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Page 28283]
[FR Doc No: 2013-11437]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0006]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 8, 2013, the Pickens Railway Company (PICK) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR Part 223, Safety Glazing Standards--
Locomotives, Passenger Cars and Cabooses. FRA assigned the petition
Docket Number FRA-2013-0006.
    PICK seeks the subject relief for its 80-ton GE Switcher/Locomotive
(PICK 10), which was manufactured in 1955. Prior to PICK's
acquisition of PICK 10, the engine was used only in private
industry where FRA-certified glazing was not required. PICK 10
is currently equipped only with safety glass. PICK now intends to
operate PICK 10 on its shortline railway in Anderson, SC, for
maintenance-of-way purposes, and plans to put the engine in service in
the near future upon the approval of the subject relief.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 28, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as is practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on May 8, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-11437 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-06-P


2,2',2''-nitrilotris-[alkanol] (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
oxirane, 2-alkyl-, polymer with oxirane, mono[N-[3-(carboxyamino)-4(or
6)-alkylphenyl]carbamate], alkyl ether, ester with 2,2',2''-
nitrilotris-[alkanol] (P-17-230) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to
quantities of the substance after they have been reacted (cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i) and (iii), (a)(3), and (a)(6)(v),
(particulate), (when determining which persons are reasonably likely to
be exposed as required for Sec.  721.63(a)(1), engineering control
measures (e.g. enclosure or confinement of operation, general and local
ventilation) or administrative control measures (e.g. workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible), Sec.  721.63(b) (concentration set at 1.0%)
and Sec.  721.63(c).
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(i) and
(ii), (eye irritation), (g)(2)(i), (ii), and (v), (g)(3)(i) and (ii),
and (g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
    (iii) Industrial, Commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f), (k), and (q). It is a significant new
use to modify processing methods if such modification would result in
inhalation exposures to the PMN substance by vapor, dust, mist, or
aerosol, at a concentration of greater than 1 percent by weight or
volume. It is a significant new use to use the PMN substance in the
confidential formulation at a concentration greater than 1 percent by
weight or volume. It is a significant new use to manufacture, process,
or use the substance for consumer use or for commercial uses that could
introduce the substance into a consumer setting.
    (iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N = 65.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers,
importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.

0
18. Add Sec.  14;721.11138 to subpart E to read as follows:

Sec.  721.11138   Formaldehyde, polymer with (chloromethyl) oxirane and
substituted aromatic compounds (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
formaldehyde, polymer with (chloromethyl) oxirane and substituted
aromatic compounds (P-17-236) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section. The requirements of this section do not apply to the PMN
substance after it has been incorporated into the confidential forms
identified in the Order.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3), and (a)(6)
(particulate), (when determining which persons are reasonably likely to
be exposed as required for Sec.  721.63(a)(1), engineering

control measures (e.g. enclosure or confinement of operation, general
and local ventilation) or administrative control measures (e.g.
workplace policies and procedures) shall be considered and implemented
to prevent exposure, where feasible), Sec.  721.63(b) (concentration
set at 1.0%), and Sec.  721.63(c).
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(ii),
(vi), (vii), and (ix), (skin sensitization), (g)(2)(i), (ii), (iii),
and (v), and (g)(5). Alternative hazard and warning statements that
meet the criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
    (iii) Industrial, Commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f), (k), and (q). It is a significant new
use to modify manufacture, processing, or use if it results in
inhalation exposure to vapor, dust, mist, or aerosols to the substance.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers, importers, and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraphs (a)(1) and
(a)(2)(iii) of this section.

0
19. Add Sec.  14;721.11139 to subpart E to read as follows:

Sec.  721.11139   Acid, reaction products with cadmium selenide (CdSe),
trioctylphosphine and trioctylphosphine oxide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as acid,
reaction products with cadmium selenide (CdSe), trioctylphosphine and
trioctylphosphine oxide (PMN P-17-241) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), and (a)(3) and (6) (particulate), (when
determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1), engineering control measures (e.g.,
enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible), and Sec.  721.63(c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(g) and (y)(1). It is a significant new use
to manufacture, process, or use the substance other than in a liquid
formulation.
    (iii) Disposal. Requirements as specified in Sec.  721.85. It is a
significant new use to dispose of the substance and any waste stream
containing the substance other than in a permitted hazardous waste
incinerator.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
20. Add Sec.  14;721.11140 to subpart E to read as follows:

Sec.  721.11140   Acid, reaction products with cadmium selenide
sulfide, acid, trioctylphosphine and trioctylphosphine oxide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as acid,
reaction products with cadmium selenide sulfide, acid,
trioctylphosphine and trioctylphosphine oxide (PMN P-17-242), is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), and (a)(3) and (6) (particulate), (when
determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1), engineering control measures (e.g.,
enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible), and Sec.  721.63(c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(g) and (y)(1). It is a significant new use
to manufacture, process, or use the substance other than in a liquid
formulation.
    (iii) Disposal. Requirements as specified in Sec.  721.85. It is a
significant new use to dispose of the substance and any waste stream
containing the substance other than in a permitted hazardous waste
incinerator.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
21. Add Sec.  721.11141 to subpart E to read as follows:

Sec.  721.11141   Acid, reaction products with cadmium metal selenide
sulfide, trioctylphosphine and trioctylphosphine oxide (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as acid,
reaction products with cadmium metal selenide sulfide,
trioctylphosphine and trioctylphosphine oxide (PMN P-17-243), is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), and (a)(3) and (6) (particulate), (when
determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1), engineering control measures (e.g.,
enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible), and Sec.  721.63(c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(g) and (y)(1). It is a significant new use
to manufacture, process, or use the substance other than in a liquid
formulation.
    (iii) Disposal. Requirements as specified in Sec.  721.85. It is a
significant new use to dispose of the substance and any waste stream
containing the substance other than in a permitted hazardous waste
incinerator.
    (b) Specific requirements. The provisions of subpart A of this part

apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
22. Add Sec.  721.11142 to subpart E to read as follows:

Sec.  721.11142   Metal oxide reaction products with cadmium metal
selenide sulfide, and amine (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as metal
oxide reaction products with cadmium metal selenide sulfide, and amine
(PMN P-17-244) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3) through (5) (respirators must provide a
National Institute for Occupational Safety and Health assigned
protection factor (APF) of at least 50), and (a)(6)(particulate), (when
determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible), and Sec.  721.63(c). It is a significant new
use to handle the solid form of the substance without use of a fume
hood or glove box.
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(q), (k) (down converting phosphor particle
for use in conjunction with optoelectronic components), and (y)(1) and
(2).
    (iii) Disposal. Requirements as specified in Sec.  721.85. It is a
significant new use to dispose of the substance and any waste stream
containing the substance other than in a permitted hazardous waste
incinerator.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (e), (i), and (j) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use us subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.

0
23. Add Sec.  721.11143 to subpart E to read as follows:

Sec.  721.11143   Alkanoic acid, 2-alkyl-, substituted alkyl ester,
polymer with alkyl alkenoate, substituted carbomonocycle, substituted
alkyl alkenoate and alkyl substituted alkenoate, substituted
alkanenitrile-initiated (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
alkanoic acid, 2-alkyl-, substituted alkyl ester, polymer with alkyl
alkenoate, substituted carbomonocycle, substituted alkyl alkenoate and
alkyl substituted alkenoate, substituted alkanenitrile-initiated (PMN
P-17-265) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section. The
requirements of this section do not apply to quantities of the
substance after they have been completely reacted or cured.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. It is a significant new use to
manufacture the PMN substance with an acid concentration greater than
20%. It is a significant new use to manufacture the PMN substance with
an amine concentration greater than 5%.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), and (i).
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
24. Add Sec.  721.11144 to subpart E to read as follows:

Sec.  721.11144  Manganese heterocyclic-amine carboxylate complexes
(generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
manganese heterocyclic-amine carboxylate complexes (PMN P-17-301) is
subject to reporting under this section for the significant new uses
described in paragraph (a)(2) of this section. The requirements of this
Order do not apply to quantities of the PMN substance after they have
been entrained in cured coating or ink.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(3) through (5) (respirators must provide a National
Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 10), and (a)(6) (particulate),
(when determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1) and (4), engineering control measures
(e.g. enclosure or confinement of operation, general and local
ventilation) or administrative control measures (e.g. workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible), Sec.  721.63(b) (concentration set at 1.0%),
and Sec.  721.63(c).
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(i)
through (iii) and (ix), (eye irritation), (g)(2)(ii) through (iv),
(avoid skin and eye contact), (use skin and eye protection), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) (surface drier in clear and pigmented
coatings systems) and (p) (430,000 kilograms).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i).
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

0
25. Add Sec.  721.11145 to subpart E to read as follows:

Sec.  721.11145   Sulfuric acid mixed salt (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as
sulfuric acid mixed salt (PMN P-17-318) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), and (a)(6)(v), (particulate), (when

determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1), engineering control measures (e.g.
enclosure or confinement of operation, general and local ventilation)
or administrative control measures (e.g. workplace policies and
procedures) shall be considered and implemented to prevent exposure,
where feasible), Sec.  721.63(b) (concentration set at 1.0%), and Sec.
721.63(c).
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f), (g)(1)(i),
(irritation to eye, respiratory, and GI tract), (corrosion), (acute
toxicity), (g)(2)(i) and (iii), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) and (q). It is a significant new use to
manufacture of the PMN substance with more than 1% free ammonia
content.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i).
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.

0
26. Add Sec.  721.11146 to subpart E to read as follows:

Sec.  721.11146   2-Propenoic acid, branched alkyl ester (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as 2-
propenoic acid, branched alkyl ester (PMN P-17-323) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the substance after they have been reacted
(cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3), and (a)(6)(v),
(particulate), (when determining which persons are reasonably likely to
be exposed as required for Sec.  721.63(a)(1), engineering control
measures (e.g. enclosure or confinement of operation, general and local
ventilation) or administrative control measures (e.g. workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible), Sec.  721.63(b) (concentration set at 1.0%),
and Sec.  721.63(c).
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), and (g)(1)(iv)
and (ix), (skin and eye irritation), (oncogenicity), (sensitization),
(g)(2)(i), (iii), and (v), (use eye protection), (g)(4)(iii), and
(g)(5). Alternative hazard and warning statements that meet the
criteria of the Globally Harmonized System and OSHA Hazard
Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f), (k) (reactive monomer for use in
producing polymers), and (q).
    (iv) Release to water. Release to water requirements as specified
in Sec.  721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k).
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.

0
27. Add Sec.  721.11147 to subpart E to read as follows:

Sec.  721.11147  Allyloxymethylacrylate (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
allyloxymethylacrylate (PMN P-17-326) is subject to reporting under
this section for the significant new uses as described in paragraph
(a)(2) of this section. The requirements of this section do not apply
to quantities of the substance after they have been completely reacted
(cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (iii), and (iv), (a)(3) through (5)
(respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 10), and (a)(6)(v),
(particulate), (when determining which persons are reasonably likely to
be exposed as required for Sec.  721.63(a)(1) and (4), engineering
control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measure (e.g.,
workplace policies and procedures) shall be considered and implemented
to prevent exposure, where feasible), Sec.  721.63(b) (concentration
set at 1.0%), and Sec.  721.63(c).
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e) (concentration set at 1.0%), (f), (g)(1)(i),
(iv), (vi), and (ix), (sensitization), (g)(2)(i) through (v), (g)(3)(i)
and (ii), (g)(4)(iii), and (g)(5). Alternative hazard and warning
statements that meet the criteria of the Globally Harmonized System and
OSHA Hazard Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f), (k), and (q).
    (iv) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Requirements as specified in Sec.  721.125(a)
through (i), and (k) are applicable to manufacturers and processors of
this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.

0
28. Add Sec.  721.11148 to subpart E to read as follows:

Sec.  721.11148   Polyurethane, methacrylate blocked (generic).

    (a) Chemical substance and significant new sues subject to
reporting. (1) The chemical substance generically identified as
polyurethane, methacrylate blocked (PMN P-17-345) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this section do
not apply to quantities of the substance after they have been
completely reacted (cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i)(iii), (a)(3), and (a)(6)(v), (particulate),
(when determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1), engineering

control measures (e.g., enclosure or confinement of the operation,
general and local ventilation) or administrative control measure (e.g.,
workplace policies and procedures) shall be considered and implemented
to prevent exposure, where feasible), Sec.  721.63(b) (concentration
set at 1.0%), and Sec.  721.63(c).
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (e)(concentration set at 1.0%), (f),
(g)(1)(irritation to skin, eyes, lungs, and mucous membranes),
(g)(2)(i) through (iii) and (v), and (g)(5). Alternative hazard and
warning statements that meet the criteria of the Globally Harmonized
System and OSHA Hazard Communication Standard may be used.
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k). It is a significant new use to
manufacture the chemical substance more than 6 months. It is a
significant new use to modify manufacture, processing, or use if it
results in inhalation exposure to vapor, dust, mist, or aerosols to the
substance.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except ss modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(iii)
of this section.

[FR Doc. 2018-19950 Filed 9-14-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48667-48668]
[FR Doc No: 2013-19292]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM07-16-000; RM01-5-000; and RM12-3-000]

Revised Company Registration System

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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

SUMMARY: This document revises the effective date of the Revised
Company Registration System. The Commission issued a previous notice in
the Federal Register, 78 FR 44559 (July 24, 2013), with an effective
date of August 5, 2013.

DATES: Effective August 12, 2013.
    For more information, please contact:
    For legal issues: Nicholas Gladd, Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>For technical
issues: Anthony Barracchini, Office of the Executive Director, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice Regarding Effective Date
    On February 7, 2013, the Commission issued an order in Docket No.
RM07-16-000, et al. (February 7, 2013 Order) directing revisions to the
Company Registration system.\1\ On July 17, 2013, the Commission issued
a notice stating that the revised Company Registration system would be
effective on August 5, 2013. However, the information collection
requirements in the February 7, 2013 Order have not received

clearance from the Office of Management and Budget (OMB). Take notice
that the effective date for the revised Company Registration system is
changed to August 12, 2013.
---------------------------------------------------------------------------

    \1\ Revisions to Company Registration and Establishing Technical
Conference, 142 FERC ] 61,097 (2013).

    Dated: August 2, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-19292 Filed 8-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 17, 2007 (Volume 72, Number 10)]
[Notices]
[Page 2036-2040]
[DOCID:fr17ja07-82]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. PA-38; File No. S7-02-07]

Privacy Act of 1974: Notice of Alteration to Two Existing Systems
of Records

AGENCY: Securities and Exchange Commission.

ACTION: Notice of proposed alteration to two existing systems of
records.

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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission
proposes to alter the Privacy Act system of records: ``Personnel
Management Employment and Staffing Files (SEC-39)'', which was
previously identified in the Federal Register at 41 FR 41591 on
September 22, 1976, 50 FR 37750 on September 17, 1985 and 62 FR 47884
on September 11, 1997.
    Also, the Commission is proposing to make changes to its system of
records ``Identification and Access Control Cards, Special Credentials,
Press Passes, and Building Access Control Cards (SEC-46)'', originally
published at 63 FR 37423, July 10, 1998.

DATES: Effective Date: The changes will become effective February 26,
2007 unless further notice is given. The Commission will publish a new
notice if the effective date is delayed to review comments or if
changes are made based on comments received.
    Comment Date: To be assured of consideration, comments should be
received on or before February 16, 2007.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number S7-02-07 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number S7-02-07. This file number
should be included on the subject line if e-mail is used. To help us
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/other.shtml). Comments are

also available for public inspection and copying in the Commission's
Public Reference Room, 100 F Street, NE., Washington, DC 20549. All
comments received will be posted without change; we do not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Barbara A. Stance, Chief Privacy
Officer, Securities and Exchange Commission, Operations Center, 6432
General Green Way, Mail Stop 0-7, Alexandria, VA 22312-2413, (202) 551-
7209.

SUPPLEMENTARY INFORMATION: The Commission proposes to alter the system
of records, ``Personnel Management Employment and Staffing Files (SEC-
39).'' As described in the original notice, the system contains
information on applicants for SEC employment, and present and past
employees. This notice is published to alter the system of records by
adding two new routine uses, (1) to disclose information in connection
with organizational directories or similar records for internal
management purposes, and (2) to Commission contractors or their
authorized employees, and other Federal agencies for the purpose of
assisting the Commission in the efficient administration of its
programs; by changing the name of the system manager to the Office of
Human Resources; and by changing the address for submitting requests
for record notification, access and contesting to the Privacy Act
Officer, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-5100.
    The Commission also proposes to alter the system of records,
``Identification and Access Control Cards, Special Credentials, Press
Passes, and Building Access Control Cards

(SEC-46).'' As described in the original notice, the system is designed
to permit access to Commission facilities by Commission employees,
members of the press, contractors and consultants. This notice is
published to modify the system of records by changing the system name
from Identification Cards, Press Passes and Proximity Access Control
Cards to Identification and Access Control Cards, Special Credentials,
Press Passes, and Building Access Control Cards; by changing the system
location from the Office of Administrative and Personnel Management to
the Office of Administrative Services; by adding three new routine
uses, (1) to disclose information to other Federal agencies to verify
the identity and status of the PIV Card holder, (2) to Commission
contractors or their authorized employees, and other Federal agencies
for the purpose of assisting the Commission in the efficient
administration of its programs, and (3) in connection with
organizational directories or similar records for internal management
purposes; by changing the system manager and address to the Office of
Administrative Services, Security Branch, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-1627; by changing
the address for submitting requests for record notification, access and
contesting to the Privacy Act Officer, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-5100; and by
expanding the record source categories to include volunteers, on-site
business owners or clients, employees of other Federal agency and
visitors. This notice is also altered to incorporate requirements of
Homeland Security Presidential Directive 12 (HSPD-12) by expanding the
categories and individuals covered by the system to include volunteers,
tenants and employees of other Federal agencies; by clarifying and
expanding the categories of records in the system, adding a note
explaining that, to the extent that the Commission has records of a
personnel investigative nature that come from the Office of Personnel
Management or its contractors, they are covered by OPM/CENTRAL-9,
Personnel Investigative Records, and not this system notice; and by
expanding the authority for maintenance of the system and the purpose
statement to include reference to HSPD-12.
    The Commission has submitted a report of the altered systems of
records to the Senate Committee on Homeland Security and Governmental
Affairs, the House Committee on Government Reform, and the Office of
Management and Budget, pursuant to 5 U.S.C. 552a(r) of the Privacy Act
of 1974, as amended, and Appendix I to OMB Circular A-130, ``Federal
Agency Responsibilities for Maintaining Records About Individuals,'' as
amended on February 20, 1996 (61 FR 6435).
    Accordingly, the Commission is altering the systems of records to
read as follows:
SEC-39

SYSTEM NAME:
    Personnel Management Employment and Staffing Files.

SYSTEM LOCATION:
    Securities and Exchange Commission, Operations Center, 6432 General
Green Way, Mail Stop 0-1, Alexandria, VA 22312-2413.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records are maintained on applicants for SEC employment and present
and past employees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system of records includes the following category of records:
    (a) Applicant files (Computerized applications, Standard Forms 171
and resumes, attorney supplements to applications, applicant
correspondence and evaluations, and summer employment files);
    (b) Official personnel folders (Office of Human Resources files);
    (c) Service record cards;
    (d) Merit promotion posting files, including supervisory appraisals
for jobs advertised under SEC Merit Promotion Program;
    (e) Request to Office of Personnel Management for Schedule C
personnel actions;
    (f) Chronological copies of personnel actions (Standard Forms 50);
    (g) Office of Personnel Management clerk-typist and clerk-steno
examination papers for applicants tested under SEC's delegated
recruiting authority;
    (h) Division/Office/Region employee record cards or electronic
media; and
    (i) Regional Office employee files, including copies of
applications and notifications of personnel action (Standard Forms 50)
on the employee concerned.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 CFR, parts 213, 293, 302, and 335; 5 U.S.C. 3109 and Civil
Service Regulations promulgated thereunder.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    These records and the information contained in these records may be
used or disclosed as follows:
    1. Records in category (a) above are used by SEC staff to make
referrals to supervisors or administrative assistants in offices with
vacancies for which applicants may be considered. Offices may retain
copies of applications/resumes and evaluations of candidates they
interview whom they feel may be contenders for employment offers later
in the year.
    2. SEC staff uses records in category (b) above for (i) retention
of official personnel documents; (ii) verification of employment; (iii)
determination of qualifications for jobs and eligibility for training;
and (iv) processing of personnel actions.
    3. SEC staff uses records in category (c) above for (i) computation
of personnel strength of divisions/offices; (ii) verification of
employment for credit checks or job applications; and (iii) recording
of personnel actions processed.
    4. SEC staff uses records in category (d) above to maintain records
required by the Office of Personnel Management of competitive promotion
actions, including (i) records to determine how an announcement for a
particular job reads; (ii) records for statistical reports; and (iii)
records for program effectiveness studies (to send questionnaires to
supervisors who made selections under the program, for example).
Supervisory appraisals are scored and used in determining employee's
overall standing among all applicants for the job; they are sent to
selecting supervisors for review if the employee is certified for
consideration (interview).
    5. SEC staff uses records in category (e) above to identify Office
of Personnel Management control numbers for Schedule C positions and to
aid in preparing new submissions.
    6. SEC staff uses records in category (f) above for statistical
reports.
    7. SEC staff forwards records in category (g) above to the Office
of Personnel Management at the end of each month if the applicant is
not hired; if applicant is hired, records are retained for one year and
then destroyed.
    8. SEC staff uses records in category (h) above to monitor
personnel actions concerning their staffs (i.e., date of employee's
last promotion, employee's position description number, etc.) and to
record date personnel action requests

and reports were forwarded to the Office of Personnel.
    9. SEC Regional Offices use records in category (i) above as a
reference in preparing personnel actions requests on employees,
determining employee eligibility for training or career development
counseling and for back-up data in preparing award nominations, etc.
    10. Any of the records described above may be used by the
Commission in connection with any action or proceeding brought by an
employee before another agency or a court of law to review personnel
action taken by the Commission or the failure by the Commission to take
action.
    11. In any proceeding where the Federal securities laws are in
issue or in which the Commission or past or present members of its
staff is a party or otherwise involved in an official capacity.
    12. To a Federal, State or local governmental authority maintaining
civil, criminal or other relevant enforcement information or other
pertinent information, such as current licenses, if necessary to obtain
information relevant to an agency decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
    13. To a Federal, State or local governmental authority, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary to
the requesting agency's decision on the matter.
    14. As a data source for management information for production of
summary descriptive statistics and analytical studies in support of the
function for which the records are collected and maintained or for
related personnel management functions or manpower studies; may also be
utilized to respond to general requests for statistical information
(without personal identification of individuals) under the Freedom of
Information Act or to locate specific individuals for personnel
research or other personnel management functions.
    15. To aid in responding to inquiries from an employee, Member of
Congress, the press or others concerning personnel action taken with
respect to a specified employee or employees.
    16. Records in this system may, at the discretion of the
Commission's staff, be disclosed to any person during the course of any
inquiry or investigation conducted by the Commission staff, or in
connection with civil litigation, if the staff has reason to believe
that the person to whom the record is disclosed may have further
information about the matters related therein, and those matters
appeared to be relevant at the time to the subject matter of inquiry.
    17. To a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of that individual.
    18. To the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular A-19
at any stage of the legislative coordination and clearance process as
set forth in that circular.
    19. To Commission contractors or their authorized employees, and
other Federal agencies, as necessary, for the purpose of assisting the
Commission in the efficient administration of its programs. These
contractors will be required to maintain Privacy Act safeguards with
respect to such records.
    20. The information contained in this system may be used by the
Commission in connection with organizational directories or similar
records for internal management purposes.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic or paper form.

RETRIEVABILITY:
    Records are indexed by name.

SAFEGUARDS:
    Records in categories (a)-(g) are pulled and re-filed by Office of
Human Resources staff only and that Office is locked each evening.
Access to official Personnel Folders is limited to employee concerned,
his/her supervisors and administrative assistant, supervisors/
administrative assistants considering him/her for a job or employee's
designated representative; access by other individuals on official
business is on a need-to-know basis as approved by the Associate
Executive Director, Office of Human Resources. Personnel folders are
locked in the Diebold file each evening. Division/Office Directors and
Regional Directors are responsible for keeping employee record cards,
electronic media or employee files (Regional Offices only) under lock
and for assuring confidentiality. The national office in Washington, DC
has a 24-hour security guard.

RETENTION AND DISPOSAL:
    Records in category (a) are retained six months and then destroyed.
Records in category (b) are forwarded to Federal Records Center 30 days
after the employee leaves the SEC by retirement, resignation or death
or forwarded to agency to which employee transfers as soon as new
agency requests them. Records in category (c) are retained
indefinitely. Records in category (d) are retained two years and then
destroyed. Records in category (e) are retained indefinitely. Records
in category (f) are retained five years and then destroyed. Records in
category (g) are sent to the Office of Personnel Management at the end
of the month if the applicant is hired. If the applicant is not hired,
records are retained one year and then destroyed. Records in category
(h) are retained indefinitely. Records in category (i) are retained
while employee is assigned to office and forwarded to new SEC office if
he/she transfers or destroyed if employee leaves the SEC.

SYSTEM MANAGER(S) AND ADDRESS:
    Associate Executive Director, Office of Human Resources, Securities
and Exchange Commission, Operations Center, 6432 General Green Way,
Mail Stop 0-1, Alexandria, VA 22312-2413.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a
record pertaining to the requesting individual may be directed to the
Privacy Act Officer, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-5100.

RECORD ACCESS PROCEDURES:
    Persons wishing to obtain information on the procedures for gaining
access to or contesting the contents of these records may contact the
Privacy Act Officer, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20579-5100.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures above.

RECORD SOURCE CATEGORIES:
    Records in category (a) are obtained from applicant concerned and
interviewer evaluating the applicant. Records in category (b) are
obtained from employee and supervisors concerned. Records in category
(c) are obtained from official personnel folder of the employee
concerned. Records in category (d) are obtained from employees applying
for job and their supervisors. Records in category (e) are

obtained from employees and supervisors concerned. Records in category
(f) are obtained from employees and supervisors concerned. Records in
category (g) are obtained from applicant. Records in category (h) are
obtained from official personnel actions, employees and supervisors
concerned. Records in category (i) are obtained from official personnel
actions, employees and supervisors concerned.

EXEMPTIONS CLAIMED FOR THIS SYSTEM:
    None.
SEC-46

SYSTEM NAME:
    Identification and Access Control Cards, Special Credentials, Press
Passes, and Building Access Control Cards.

SYSTEM LOCATION:
    Securities and Exchange Commission, Office of Administrative
Services, 100 F Street, NE., Washington, DC 20549-1627.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Commission employees, members of the press, contractors,
volunteers, tenants, and consultants or employees of other Federal
agencies who require access to Commission facilities for extended
periods of time.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include Government Personal Identity Verification (PIV)
Card (The SEC PIV Card provider is the General Services Administration
(GSA), and the full list of card fields maintained in the GSA system is
covered by the GSA system of records, GSA-GOVT-7, Personal Identity
Verification Identity Management System (PIV IDMS). The SEC system of
records contains the following: name, date of birth, weight, height,
color of hair and eyes, photograph, employee record number, card chip
number, authorized access rights, date of issuance, date of return,
date background investigation completed, whether eligible for an SEC
Special Credential [SEC Form 990], and date of expiration); SEC Form
980, Headquarters and Field Office Access Card (name, date of birth,
weight, height, color of hair and eyes, photograph, employee record
number, card chip number, authorized access rights, date of issuance,
and date of expiration); SEC Form 980A, Day Pass (date, name,
organization, and authorized by); SEC Form 990, Special Credential
(signature of authorizing official, photograph, control number, date of
issuance and date of expiration); SEC Form 2355, On-Site Business &
Registered Client ID (name, requesting officer, name of company or
organization, control number, identification number, date of issue,
expiration date, relationship to business, date of birth, color of hair
and eyes, height, weight, photograph, and authorized access rights);
SEC Form 725, Identification/Access Control Card Worksheet (various
personal characteristics); and local facility access card (name,
authorized access rights, card number, date issued and date of
expiration, company/agency name and SEC division/office).

    Note: The extent to which the Commission has records of a
personnel investigative nature that come from the Office of
Personnel Management (OPM) or its contractors, they are covered by
OPM/CENTRAL-9, Personnel Investigations Records, and not this system
notice.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Federal Property and Administrative Services Act of 1949 (63
Stat. 377), as amended; Homeland Security Presidential Directive 12
(HSPD-12), Policy for a Common Identification Standard for Federal
Employees and Contractors, August 27, 2004.

PURPOSE(S):
    This system is primarily designed to permit access according to
authorized access rights to Commission facilities by Commission
employees, contractors, consultants, volunteers, tenants, members of
the press, and employees of other Federal agencies (only if they
require access to Commission facilities for extended periods of time).
This system also provides the status indicator of the PIV Cards to a
separate secure database as required by Homeland Security Presidential
Directive (HSPD)--12 so that other Federal agencies may verify the
identity and current status of the PIV cardholder.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
    These records and information contained in these records may be
disclosed as follows:
    1. To the appropriate Federal, State or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order, where the Commission becomes aware of an
indication of a violation or potential violation of civil or criminal
law or regulation;
    2. To another Federal agency or to a court when the Government is
party to a judicial proceeding before the court;
    3. To a Federal, State, or local agency, in response to its
requests, in connection with the hiring or retention of an employee,
the issuance of a security clearance, or the conducting of a security
or background investigation of an individual, to the extent that the
information is relevant and necessary to the requesting agency;
    4. To the Office of Inspector General for investigating allegations
of abuse, should it occur;
    5. To other Federal agencies to verify the identity and status of
the PIV Card holder;
    6. To Commission contractors or their authorized employees, and
other Federal agencies, as necessary, for the purpose of assisting the
Commission in the efficient administration of its programs. These
contractors will be required to maintain Privacy Act safeguards with
respect to such records; and
    7. In connection with organizational directories or similar records
for internal management purposes.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in electronic media and in paper files.

RETRIEVABILITY:
    Records may be retrieved by the employee's name or identification
number.

SAFEGUARDS:
    Records are safeguarded by restricted computer passwords, locked
file cabinets, and safes.

RETENTION AND DISPOSAL:
    Records are maintained in a computerized database and paper.
Electronic records, identification cards, and passes are destroyed
three months after expiration, revocation, or return to issuing office,
as provided in the National Archives and Records Administration's
General Records Schedule No. 11, Item 4.

SYSTEM MANAGER(S) AND ADDRESS:
    Office of Administrative Services, Security Branch, Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1627.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a
record pertaining to the requesting individual may be directed to the
Privacy Act Officer, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-5100.

RECORD ACCESS PROCEDURES:
    Persons wishing to obtain information on the procedures for gaining
access to or contesting the contents of this record may contact the
Privacy Act Officer, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-5100.

CONTESTING RECORDS PROCEDURES:
    See record access procedures above.

RECORD SOURCE CATEGORIES:
    The issuing official, Commission employee, contractor, volunteer,
on-site business owner or client, employee of other Federal agency,
visitor, or press member being issued the identification/access card
provides the information.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: January 11, 2007.

    By the Commission.
Nancy M. Morris,
 Secretary.
[FR Doc. E7-547 Filed 1-16-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Notices]
[Pages 68736-68740]
[FR Doc No: 2014-27185]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73572; File No. SR-CHX-2014-18]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Concerning Certain Order Types, Modifiers and Related Functionality

November 10, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on October 31, 2014, the Chicago Stock Exchange, Inc. (``CHX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
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 various CHX Rules to clarify the
operation of certain order types, modifiers and LULD price sliding and
to substantively modify the operation of the cross order type and Cross
With Size order handling functionality. Aside from the proposed
amendments to the cross order type and Cross With Size order handling
functionality, the Exchange does not propose to substantively modify
the operation of any other functionality. The Exchange has designated
this proposal as non-controversial and provided the Commission with the
notice required by Rule 19b-4(f)(6)(iii) under the Act.\3\
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    \3\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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 CHX included statements
concerning the purpose of and basis for the proposed rule changes 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 CHX has prepared summaries, set forth in sections A,
B and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend various CHX Rules to clarify the
operation of certain order types, modifiers and LULD price sliding and
to substantively modify the operation of the cross order type and Cross
With Size order handling functionality. Aside from the proposed
amendments to the cross order type and Cross With Size order handling
functionality, the Exchange does not propose to substantively modify
the operation of any other functionality.
Amended CHX Article 1, Rule 1(pp) (Working Price)
    Under SR-CHX-2014-15, the Exchange adopted, inter alia, the term
``Working Price,'' which is defined as ``the most aggressive price at
which a resting limit order, as defined under Article 1, Rule 2(a)(1),
can execute within the Matching System, in compliance with Rule 611 of
Regulation NMS.'' \4\ While Rule 611 of Regulation NMS is one of the
factors that determine the price at which an order for an NMS security
could permissibly execute, other rules and plans such as Rule 201 of
Regulation SHO and LULD would also determine the most aggressive price
at which an order could permissibly execute. Thus, the Exchange
proposes to amend CHX Article 1, Rule 1(pp) to provide that ``Working
Price'' means the most aggressive price at which a resting limit order
can execute within the Matching System in compliance with ``CHX Rules
and relevant securities law and regulations, including Rule 611 of
Regulation NMS and Rule 201 Regulation SHO.''
---------------------------------------------------------------------------

    \4\ SR-CHX-2014-15 was immediately effective upon filing, but is
not yet operative. The Exchange anticipates that the changes
effected under SR-CHX-2014-15 will become operative in the first
quarter of 2015, pursuant to an Information Memorandum by the
Exchange to its Participants published two weeks prior to such time.
See Exchange Act Release No. 73150 (September 19, 2014), 79 FR 57603
(September 25, 2014) (SR-CHX-2014-15) (``Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change to Adopt the CHX
Routing Services'').
---------------------------------------------------------------------------

Amended CHX Article 1, Rule 2(a)(1) (Limit Order) and CHX Article 1,
Rule 2(c) (Order Display Modifiers)
    Current CHX Rules imply, but do not explicitly state, that a limit
order not marked Reserve Size or Do Not Display is fully displayable.
Specifically, CHX Article 1, Rule 2(c) lists three order display
modifiers, where paragraph (c)(1) defines ``Always Quote,'' which
requires the unexecuted balance of an order priced at the CHX Best Bid
or Offer (``BBO'') to be cancelled if it could not be displayed;
paragraph (c)(2) defines ``Do Not Display,'' which requires the order
to be fully hidden; and paragraph (c)(3) defines ``Reserve Size,''
which requires the order to be partially displayed and partially
hidden. Given that there is no order modifier requiring that an order
be fully displayable, it can be inferred from CHX Article 1, Rule 2(c)
that limit orders are fully displayable, unless marked otherwise.
    In the interest of clarity, the Exchange proposes to amend CHX
Article 1, Rule 2(a)(1) to add a sentence to the current definition of
``limit order'' to provide that ``all limit orders are fully
displayable, unless marked Do Not Display, as defined under paragraph
(c)(2), or Reserve Size, as defined under paragraph (c)(3).'' Moreover,
since order display modifiers are only relevant for orders that post to
the CHX Book \5\ and the CHX Book only contains resting limit
orders,\6\ the Exchange proposes to amend CHX Article 1, Rule 2(c) to
provide that ``one or more order display modifiers may be applied to
limit orders, subject to the requirements of Article 20, Rule 5, so
long as the modifier is compatible with other applicable order
modifiers/terms.''
---------------------------------------------------------------------------

    \5\ Market and cross orders are always handled Immediate Or
Cancel (``IOC''). See CHX Article 1, Rule 2(a)(2) and (3); see also
CHX Article 1, Rule 2(d)(4).
    \6\ See CHX Article 20, Rule 8(b).
---------------------------------------------------------------------------

Amended CHX Article 1, Rule 2(b)(1)(A) (BBO Intermarket Sweep Order
(``ISO''))
    Current CHX Article 1, Rule 2(b)(1)(A) defines BBO ISO and
provides, in pertinent part, that a BBO ISO is a limit order modifier
that marks an order as required by SEC Rule 600(b)(30) that is to be
executed against any orders at the

Exchange's BBO \7\ (including any Reserve Size or undisplayed orders at
or better than that price) as soon as the order is received by the
Matching System, with any unexecuted balance of the order to be
immediately cancelled (if the order is IOC) or placed in the Matching
System.\8\ While the definition accurately describes the BBO ISO
functionality, the Exchange now proposes to replace this portion of the
definition of BBO ISO with more efficient language that also provides
specificity regarding how the unexecuted balance of a BBO ISO would be
handled depending on the state of the CHX Book.\9\
---------------------------------------------------------------------------

    \7\ CHX Article 1, Rule 1(e) defines ``BBO'' as ``the best bid
and/or offer displayed in the Exchange's Matching System.''
    \8\ The definition further provides that upon receipt of a BBO
ISO, the Matching System will not check the validity of the order
against the National Best Bid or Offer (``NBBO'') based on the
assumption that the order sender has satisfied Protected Quotations
of external markets as required by Rule 600(b)(30) of Regulation
NMS.
    \9\ The Exchange notes that the current definition of BBO ISO
has remained substantively unchanged since it was initially approved
by the Commission in 2007. See Exchange Act Release 54550 (September
26, 2006), 71 FR 59563 (October 10, 2006) (SR-CHX-2006-05) (``Order
Approving Proposed Rule Change and Amendment No. 1 Thereto and
Notice of Filing and Order Granting Accelerated Approval to
Amendment No. 2 Thereto to Implement a New Trading Model'').
---------------------------------------------------------------------------

    The proposed language begins by providing that an incoming BBO ISO
shall execute against the CHX Book at prices not to exceed the more
restrictive of its limit price or the contra-side displayed BBO.
Although this can be inferred from current CHX Rules, which provide
that a limit order cannot execute at a price more aggressive than its
limit price \10\ and a limit order marked BBO ISO could not execute at
a price more aggressive than the Exchange's BBO,\11\ the Exchange
submits that the proposed language more succinctly describes the
interplay between the limit order and BBO ISO pricing limitations.
---------------------------------------------------------------------------

    \10\ See CHX Article 1, Rule 2(a)(1).
    \11\ See CHX Article 1, Rule 2(b)(1)(A).
---------------------------------------------------------------------------

    The proposed language continues by providing that any unexecuted
balance of the BBO ISO shall be immediately cancelled if -1- marked IOC
or -2- the incoming BBO ISO sell (buy) order could execute against any
resting order(s) priced below (above) the displayed best bid (offer),
regardless of the attached order duration modifier(s). While the first
cancellation scenario is already explicitly stated in the current
definition of BBO ISO,\12\ the second cancellation scenario is only
implied from the fact that a BBO ISO cannot execute at prices more
aggressive than the contra-side displayed BBO. If an incoming BBO ISO
cannot permissibly execute against resting orders on the CHX Book and
since the Exchange's price sliding functionalities (i.e., CHX Only and
LULD) are not triggered by the state of the CHX BBO,\13\ the only
alternative is to cancel the unexecuted balance of the BBO ISO. The
following Example 1 illustrates how the second cancellation scenario
arises:
---------------------------------------------------------------------------

    \12\ Id.
    \13\ CHX Only is triggered based on the price of Protected
Quotations of external markets relative to the price of the CHX Only
order. See CHX Article 1, Rule 2(b)(1)(C). LULD Price Sliding is
triggered based on the price of the relevant price bands relative to
the price of the limit order. See CHX Article 20, Rule 2A(b).
---------------------------------------------------------------------------

    Example 1. Assume that the displayed best offer on the CHX Book
with respect to security XYZ is $10.02 and there is only one sell
order at the displayed best offer for 100 shares (``Sell Order A'').
Assume further that there is only one other resting sell order for
100 shares of security XYZ priced at $10.03/share (``Sell Order
B''). Assume then that the Matching System receives a buy limit
order for 500 shares of security XYZ priced at $10.03/share marked
BBO ISO and Day (``Buy Order A'').\14\
---------------------------------------------------------------------------

    \14\ See CHX Article 1, Rule 2(d)(1) defining ``Day'' order. The
Exchange is also proposing to amend the definition of Day order to
include more specificity as to its functionality, as discussed in
detail below.
---------------------------------------------------------------------------

    In this Example 1, Buy Order A would execute against the full
size Sell Order A at $10.02/share, which would result in Buy Order A
being decremented by 100 shares. However, pursuant to the BBO ISO
instruction, the remaining 400 shares of Buy Order A would be
immediately cancelled, notwithstanding the Day order designation,
because Buy Order A would not be permitted to execute against Sell
Order B at $10.03/share and Buy Order A could not post to the CHX
Book at its limit price because that would result in a locked book,
which the Exchange never permits.\15\
---------------------------------------------------------------------------

    \15\ If Buy Order A were not marked BBO ISO, Buy Order A would
be permitted to execute against the full size of Sell Order A and
the unexecuted balance of 300 shares of Buy Order A would be posted
to the CHX Book, provided that the execution and display of the
order would be consistent with Regulation NMS.

    The proposed language also provides that if the unexecuted balance
of the BBO ISO would not be cancelled, it shall be ranked on the CHX
Book, pursuant to CHX Article 20, Rule 8(b), and displayed at its limit
price, subject to CHX Article 20, Rule 8(b)(6). Although the current
definition of BBO ISO does not explicitly provide that a BBO ISO could
only be displayed at its limit price, this fact can be inferred from
CHX Article 20, Rule 8(b)(1)-(3), which provides that limit orders
shall be ranked at each price point up to its limit price.
    The proposed language concludes by providing that a limit order
marked BBO ISO may not be marked Do Not Display, as defined under CHX
Article 1, Rule 2(c)(2). Given that one of the purposes of the BBO ISO
is to post a new displayed BBO on the CHX Book, the Exchange believes
it important to clarify that a BBO ISO could not be fully hidden. Aside
from the foregoing proposed amendments, the Exchange does not propose
to amend any other part of the CHX Article 1, Rule 2(b)(1)(A) nor
substantively amend the current operation of the BBO ISO in any way.
Amended CHX Article 1, Rule 2(b)(2)(B) (Cross With Satisfy) and Rule
2(b)(2)(C) (Cross With Yield)
    CHX Article 1, Rule 2(b)(2)(B) and (C) provides definitions for
Cross With Satisfy and Cross With Yield, respectively, which are cross
order modifiers that have been deactivated since June 27, 2011,
pursuant to the Exchange's authority under CHX Article 20, Rule 4(b).
In a previous Rule 19b-4 filing, the Exchange represented that it would
only enable these order modifiers pursuant to a clarifying Rule 19b-4
filing.\16\
---------------------------------------------------------------------------

    \16\ See Exchange Act Release No. 69538 (May 8, 2013), 78 FR
28671 (May 15, 2013) (SR-CHX-2013-10) (``Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change to Consolidate All
CHX Order Types, Modifiers, and Related Terms under One Rule and to
Clarify the Basic Requirements of All Orders Sent to the Matching
System'').
---------------------------------------------------------------------------

    The Exchange does not intend to amend the functionality of the
Cross With Satisfy and Cross With Yield modifiers in the near future
and, thus, the Exchange now proposes to delete Cross With Satisfy and
Cross With Yield from its rulebook. If the Exchange decides to provide
similar functionality in the future, the Exchange will propose new
order modifiers pursuant to a Rule 19b-4 filing.
    Incidentally, the Exchange proposes to delete all references to
Cross With Satisfy and Cross With Yield in the CHX Rules, which, in
addition to CHX Article 1, Rule 2(b)(2)(A) and (B), includes references
to Cross With Yield and/or Cross With Satisfy under CHX Article 1, Rule
2(g)(1); Article 20, Rule 8(e)(2) and (4); and paragraph .02 of the
Interpretations and Policies of CHX Article 20, Rule 8.
Amended CHX Article 1, Rule 2(d)(1) (Day)
    CHX Article 1, Rule 2(d)(1) defines ``Day'' as a modifier that
requires an order to be in effect only for the day on which it is
submitted to the Exchange. While this accurately describes the Day
modifier, the Exchange also currently permits order senders to provide
specific instructions concerning Day

orders as to which trading sessions under a trading a day the order
would be effective. Thus, the Exchange proposes to amend CHX Article 1,
Rule 2(d)(1) to add language that reflects this current functionality.
Specifically, the proposed language provides that an order sender may
identify a limit order marked Day to be effective during specified
trading sessions only, as described under CHX Article 20, Rule 1,\17\
provided that -1- the identified trading session are consecutive and
valid and -2- the order is received during one of the trading sessions
for which it is identified as being effective. Moreover, a limit order
marked Day without a specified trading session identifier will be
considered effective upon receipt and every subsequent valid trading
session for the remainder of the trading day.
---------------------------------------------------------------------------

    \17\ The Exchange has four trading sessions during each trading
day, which include the early session, which is from 6:00 a.m. to
8:30 a.m.; the regular trading session, which is from 8:30 a.m. to
3:00 p.m.; the late trading session, which is from 3:00 p.m. to 3:15
p.m.; and the late crossing session, which is from 3:15 p.m. to 4:00
p.m., during which time only cross orders may be executed. See CHX
Article 20, Rule 1(b); see also paragraph .03(a) of the
Interpretations and Policies of CHX Article 20, Rule 1. All times
are in Central Time.
---------------------------------------------------------------------------

    Specifically, the consecutive and valid requirement means that the
identified effective trading sessions, if more than one are identified,
must be consecutive (i.e., early, regular and late; early and regular;
or regular and late) and that each trading session has to be valid, in
that a Day order cannot be identified as being effective during the
late crossing session.\18\ The requirement that the trading session be
received by the Matching System during one of the trading sessions for
which it is identified as being effective is meant to prohibit order
senders from submitting orders to the Matching System during a trading
session for which the order is not effective. For example, if the
Matching System receives a Day order identified as regular trading
session only during the early session, the order shall be rejected from
the Matching System.
---------------------------------------------------------------------------

    \18\ Id.
---------------------------------------------------------------------------

Amended CHX Article 1, Rule 2(a)(2) (Cross Order) and Rule 2(g)(1)
(Cross With Size)
    Current CHX Article 1, Rule 2(a)(2) defines cross order, in
pertinent part, as an order to buy and sell the same security at a
specific price better than the best bid and offer displayed in the
Matching System. The Exchange now proposes to require cross orders to
be priced better than the Working Price \19\ of all resting orders on
the CHX Book, as opposed to merely the ``best bid and offer displayed
in the Matching System.'' \20\ As proposed, a cross order would now
have to be priced better than any order resting on the CHX Book,
including limit orders marked Do Not Display, as all resting orders
have a Working Price.
---------------------------------------------------------------------------

    \19\ As proposed above, the Working Price of an order is defined
as the ``most aggressive price at which a resting limit order, as
defined under Article 1, Rule 2(a)(1), can execute within the
Matching System, in compliance with CHX Rules and relevant
securities laws and regulations, including Rule 611 of Regulation
NMS and Rule 201 of Regulation SHO.''
    \20\ See CHX Article 1, Rule 2(a)(2).
---------------------------------------------------------------------------

    Current CHX Article 1, Rule 2(g)(1) defines the Cross With Size
order handling functionality, which is a special order handling
functionality for cross orders that meet its price and size
requirements. As for the current price requirement, the rule requires
the cross order to be at a price equal to or better than the best bid
or offer displayed in the Matching System. In order to be consistent
with the proposed amendment to the cross order type, the Exchange now
proposes to amend the price requirement of the Cross With Size modifier
to require that the cross be of a price equal to or better than the
Working Price of all orders resting on the CHX Book, as opposed to
merely the ``best bid or offer displayed in the Matching System.'' \21\
As proposed, a cross order, in order to be eligible for Cross With Size
handling, would now have to be priced at or better than any order
resting on the CHX Book, including limit orders marked Do Not Display,
as all resting orders have a Working Price.
---------------------------------------------------------------------------

    \21\ See CHX Article 1, Rule 2(g)(1).
---------------------------------------------------------------------------

    Moreover, the Exchange proposes to eliminate the prohibition
against cross orders marked ISO from being eligible for Cross With Size
handling functionality. Given that, from a mechanical standpoint, the
ISO modifier only relieves the Exchange from checking the incoming ISO
against the NBBO,\22\ a cross order marked ISO is identical to a simple
cross order in every other way. Thus, the Exchange no longer believes
it appropriate to prohibit cross orders marked ISO from being eligible
for Cross With Size handling.
---------------------------------------------------------------------------

    \22\ See CHX Article 1, Rule 2(b)(3)(B).
---------------------------------------------------------------------------

Amended CHX Article 20, Rule 2A(b) (LULD Price Sliding)
    Under SR-CHX-2014-15, the Exchange, inter alia, amended CHX Article
20, Rule 2A(b)(1) to modify the LULD Price Sliding functionality so as
to expand the applicability of LULD Price Sliding from fully
displayable orders only to all limit orders, regardless of the attached
order display modifier.\23\ However, in doing so, the Exchange
inadvertently overlooked certain paragraphs under Rule 2A(b), which
currently describe LULD Price Sliding in the context of displayed
prices only. Thus, the Exchange now proposes to make the following
amendments to CHX Article 20, Rule 2A(b)(1) to comport the rule to the
amendments effected under SR-CHX-2014-15, which permits all limit
orders to be eligible for LULD Price Sliding:
---------------------------------------------------------------------------

    \23\ See supra note 4.
---------------------------------------------------------------------------

     Amend paragraph (b)(1)(A) to replace the phrase ``that
would be displayed at a price'' with the more inclusive ``with a limit
price'';
     Eliminate the sentence which states, ``an ineligible
incoming buy (sell) order that would post at a price above (below) the
Upper (Lower) Price Band shall be cancelled,'' because only limit
orders may post the CHX Book and all limit orders will be eligible for
LULD Price Sliding; \24\
---------------------------------------------------------------------------

    \24\ See supra note 4. Market and cross orders are always
handled IOC. See CHX Article 1, Rule 2(a)(2) and (3).
---------------------------------------------------------------------------

     Amend paragraph (b)(1)(B) to replace the phrase
``displayed at a price'' with the more inclusive ``priced'';
     Eliminate the sentence which states, ``an ineligible
resting buy (sell) order that, at the time of entry, was posted at a
price at or below (above) the Upper (Lower) Price Band, but, due to
movements in the Price Band, would now be posted at a price above
(below) the Upper (Lower) Price Band, shall be cancelled,'' because all
resting orders will be eligible for LULD Price Sliding; \25\ and
---------------------------------------------------------------------------

    \25\ See supra note 4.
---------------------------------------------------------------------------

     Amend paragraph (b)(1)(C) to replace the term
``displayed'' with the more inclusive ``priced'' and ``price slid to.''
    Moreover, the Exchange proposes to amend paragraph (b)(2)(A), which
addresses the interplay between LULD Price Sliding and CHX Only Price
Sliding.\26\ Given that SR-CHX-2014-15, in addition to the amendments
to LULD Price Sliding, expanded the applicability of CHX Only Price
Sliding to orders that could post at its limit price without violating
Regulation NMS (e.g., limit orders marked Do Not Display),\27\ the
Exchange proposes to replace the phrase ``would be displayed at a price
in violation of Rule 610(d) of Regulation NMS, Rule 201 of Regulation
SHO'' with the more inclusive ``that

triggers LULD and/or CHX Only Price Sliding'' and include the term
``CHX Rules'' as one of the rules and regulations with which price slid
orders must comply. Moreover, in light of the expansion of both LULD
and CHX Only Price Sliding, the Exchange proposes to add the term ``if
applicable'' immediately after the term ``displayed at'' in light of
the fact that undisplayed orders may also be price slid pursuant to CHX
Only and LULD Price Sliding.\28\
---------------------------------------------------------------------------

    \26\ See CHX Article 1, Rule 2(b)(1)(C).
    \27\ See supra note 4.
    \28\ Id.
---------------------------------------------------------------------------

    The Exchange also proposes to amend paragraph (b)(3) to delete the
last sentence, which incorrectly cites to an obsolete rule, which was
amended under SR-CHX-2014-15. The current citation should have read
``Article 20, Rule 8(b)(7),'' which currently provides that orders
price slid pursuant to CHX Only and LULD Price Sliding shall receive
order execution priority based first on its working price, then
original time of receipt by the Matching System.\29\ In light of the
fact that the term Working Price has been adopted to apply to the
execution price of all resting orders, the Exchange no longer believes
it necessary to maintain a redundant rule that specifically refers to
the execution priority of price slid orders, as CHX Article 20, Rule
8(b)(1)-(3), as amended by SR-CHX-2014-15, is applicable to all limit
orders, including those that have been price slid.\30\
---------------------------------------------------------------------------

    \29\ The version of CHX Article 20, Rule 8(b)(7) that was not
amended under SR-CHX-2014-15, is currently operative. See supra note
4.
    \30\ See supra note 4.
---------------------------------------------------------------------------

Amended CHX Article 20, Rule 4(a)(7)(D) (Eligible Orders)
    Current CHX Article 20, Rule 4(a)(7)(D) provides that orders in
securities that customarily trade at a per share price of $100,000 or
greater must be submitted in minimum increments of $0.10. This rule
provides an exception from current CHX Article 20, Rule 4(a)(5), which
provides that unless otherwise permitted pursuant to exemptive relief
granted by the Commission, orders priced at or above $1.00 must not be
submitted in increments less than $0.01 and orders priced less than
$1.00 must not be submitted in increments less than $0.0001.
    The Exchange proposes to eliminate the $0.10 minimum price
increment requirement for orders in securities priced at $100,000/
share. The Exchange does not currently permit the trading of any
securities with this minimum price increment. Moreover, eliminating
this requirement would make the Exchange's minimum price increment
rules consistent with the rules of other exchanges, such as the BATS Y-
Exchange (``BYX'').\31\
---------------------------------------------------------------------------

    \31\ See BYX Rule 11.11(a).
---------------------------------------------------------------------------

Amended CHX Article 20, Rule 8(b) (Ranking and display of orders)
    Under SR-CHX-2014-15, the Exchange amended, inter alia, CHX Article
20, Rule 8(b) to clarify how orders are ranked in the Matching System.
In doing so, the Exchange adopted language under Rule 8(b)(1)-(3) that
states that ``at each price point up to their limit prices,'' orders
shall be ranked ``based on their sequence numbers.'' Given that limit
orders could be either buy or sell orders, the Exchange proposes to
insert ``or down'' after the phrase ``at each price up,'' so that the
rule also contemplates limit sell orders being ranked at each price
point down to its limit price.
Operative Date for Proposed Rule Change
    The Exchange proposes to make all amendments proposed within this
proposed rule change operative on the same date as all changes proposed
under SR-CHX-2014-15, which will become operative upon two weeks'
notice by the Exchange to its Participants via Information
Memorandum.\32\ The Exchange anticipates that all changes in this
proposed rule filing and SR-CHX-2014-15 will become operative in the
first quarter of 2015.
---------------------------------------------------------------------------

    \32\ See supra note 4.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change to amend
various CHX Rules to clarify the operation of certain order types,
modifiers and LULD price sliding and to substantively modify the
operation of the cross order type and Cross With Size order handling
functionality is consistent with Section 6(b) of the Act in general
\33\ and furthers the objectives of Sections 6(b)(1) \34\ and 6(b)(5)
in particular.\35\As discussed below, the Exchange believes that the
proposed rule change would further enable the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Act and to comply, and to enforce compliance by its Participants
and persons associated with its Participants, with the provisions of
the Act, the rules and regulations thereunder, and the rules of the
Exchange, in furtherance of the objectives of Section 6(b)(1). The
Exchange also believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transaction in
securities, to remove impediments to, and perfect the mechanisms of, a
free and open market and, in general, by protecting investors and the
public interest, in furtherance of the objectives of Section 6(b)(5).
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78f(b).
    \34\ 15 U.S.C. 78f(b)(1).
    \35\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, with respect to the non-substantive clarifying
amendments, the Exchange believes that clarification of the CHX Rules
is consistent with Section 6(b)(1) and Section 6(b)(5) because it
improves the transparency and consistency of the CHX Rules, which is in
the public interest. Similarly, with respect to the proposed deletion
of Cross With Satisfy and Cross With Yield, the Exchange submits that
the deletion of the related rules are consistent with Section 6(b)(1)
and Section 6(b)(5) because, as a result of such deletion, the CHX
Rules, and specifically CHX Article 1, Rule 2, will only list order
types and modifiers that are either currently available or only
temporary unavailable, pursuant to notice,\36\ which would promote
clarity as to the Exchange's order types and modifiers, which is also
in the public interest.
---------------------------------------------------------------------------

    \36\ See CHX Article 20, Rule 4(b).
---------------------------------------------------------------------------

    With respect to the substantive amendments to the cross order type
and Cross With Size order handling functionality, the Exchange believes
that prohibiting cross orders and Cross With Size orders from trading
through better-priced precedent orders resting on the CHX Book is
consistent with Section 6(b)(5), because such consistency promotes just
and equitable principles of trade by honoring the executable price of
every resting order on the CHX Book.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Given that the proposed
changes promote clarity as to existing rules and substantively amends
other functionality to be consistent with analog functionality of other
national securities exchanges or to be more restrictive than they are
currently, the Exchange believes that any burden on competition is
necessary as clarity and consistency of rules across

national securities exchanges further the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Pursuant to Section 19(b)(3)(A) of the Act \37\ and Rule 19b-4(f)
thereunder,\38\ CHX has designated this proposal as one that effects a
change that (A) does not significantly affect the protection of
investors or the public interest; (B) does not impose any significant
burden on competition; and (C) by its terms, does not become operative
for 30 days after the date of the filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest. The Exchange has also provided the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.\39\ Given
that the proposed rule change clarifies existing rules, deletes
obsolete rules and amends the functionality of the cross order type and
Cross With Size order handling to be more restrictive than it is
currently, the Exchange believes that this proposed rule filing
qualifies for summary effectiveness.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(3)(A).
    \38\ 17 CFR 240.19b-4(f)(6).
    \39\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within the 60-day period beginning on the date of
filing this proposed rule change in accordance with the provisions of
Section 19(b)(1) of the Act,\40\ the Commission summarily may
temporarily suspend the change in the rules of the self-regulatory
organization made thereby, 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 the furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B) of the
Act \41\ to determine whether the proposed rule should be approved or
disapproved.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(1).
    \41\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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 No. SR-CHX-2014-18 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.

    All submissions should refer to File No. SR-CHX-2014-18. 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 changes 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 CHX. 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-CHX-2014-18 and should be
submitted on or before December 9, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
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    \42\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27185 Filed 11-17-14; 8:45 am]
BILLING CODE 8011-01-P