[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35927-35928]
[FR Doc No: 2020-12724]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2000-000]

Clyde Onsite Generation, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Clyde Onsite
Generation, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for

blanket authorization, under 18 CFR part 34, of future issuances of
securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 29, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: June 8, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-12724 Filed 6-11-20; 8:45 am]
BILLING CODE 6717-01-P


FILE NAME: tpmshell. wpd ( 1/ 1/ 2006)

Number: T26 ( FRS will remove the above references to the shell used to create this notice)

ENVIRONMENTAL PROTECTION AGENCY [ EPA HQ OPPT 2004 0122; FRL XXXX X]

Risk Management Practices for Nanoscale Materials; Notice of Public Meeting AGENCY: Environmental Protection Agency ( EPA).

ACTION: Notice. ______________________________________________________________________________

SUMMARY: EPA will convene a public meeting on risk management practices under a possible stewardship program for certain nanoscale materials. EPA is considering development of a stewardship program for such nanoscale materials ( see Federal Register: May 10, 2005 ( Volume 70, Number 89), Page 24574 24576). This program is being explored to enable EPA to build the capacity to assess potential risks to human health and the environment from nanoscale materials and to identify risk management practices available to reduce such potential risks. Regarding risk management practices, EPA is requesting comments at the public meeting on: ( 1) risk management practices currently used for nanoscale materials, ( 2) the rationale for the use of these practices and the effectiveness or efficiency of these practices, and ( 3) issues to consider for including risk management practices for nanoscale materials in the stewardship program. These comments will inform EPA on risk management practices to include in the stewardship program.

DATES: The meeting will be held on June 19 20, 2006. The meeting will run from 8 a. m. to 5 p. m. on June 19 and 8 a.. m. to 2: 30 p. m. on June 20. Comments must be received on or before 8 a. m., June 19, 2006.

ADDRESSES: The meeting will be held at Wyndham Washington, 1400 M Street, NW, Washington, D. C., 20005 2704.

Requests to present oral comments must be submitted to the technical person listed under FOR FURTHER INFORMATION CONTACT before June 9, 2006. Please note that time for oral comments may be limited, depending on the number of requests received. Written comments, identified by docket ID number OPPT 2004 0122, may be submitted to the docket at any time before the meeting date.

Requests to attend the meeting may be submitted electronically through the Internet at https:// www2. ergweb. com/ projects/ conferences/ nano/ by June 16, 2006. Please note that this advance request will assist in planning adequate seating; however, members of the public can attend without prior notification. Requests for special accommodations may be submitted through 2 the registration website by June 14, 2006.

ADDRESSES: Submit your comments, identified by docket identification ( ID) number EPAHQ OPPT 2004 0122, by one of the following methods:

http:// www. regulations. gov/. Follow the on line instructions for submitting comments.

° Mail: Document Control Office ( 7407M), Office of Pollution Prevention and Toxics ( OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 0001.

° Hand Delivery: OPPT Document Control Office ( DCO), EPA East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA HQ OPPT 2004 0122. The DCO is open from 8: 00 a. m. to 4: 00 p. m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is ( 202) 564 8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to docket ID number EPA HQ OPPT 2004 0122. EPA's policy is that all comments received will be included in the public docket without change and may be made available on line at http:// www. regulations. gov/, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations. gov or e mail. The regulations. gov website is an " anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e mail comment directly to EPA without going through regulations. gov, your e mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the regulations. gov index. Although listed in the index, some information is not publicly available, e. g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available electronically in regulations. gov or in hard copy at the OPPT Docket( EPA/ DC), EPA West, Rm. B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566 1744, and the telephone number for the 3 OPPT Docket is ( 202) 566 0280.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 0001; telephone number: ( 202) 554 1404; e mail address: TSCA Hotline@ epa. gov.

For technical information contact: Scott Prothero, Economics, Exposure and Technology Division ( 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 0001; telephone number: ( 202) 564 8514; e mail address: prothero. scott@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general, and may be of particular interest to those persons who manufacture, import, process, or use nanoscale materials that are chemical substances subject to TSCA jurisdiction. Potentially affected entities may include, but are not limited to: ° Chemical manufacturers ( NAICS 325), e. g., persons manufacturing, importing, processing, or using chemicals for commercial purposes. ° Petroleum and coal product industries ( NAICS 324), e. g., persons manufacturing, importing, processing, or using chemicals for commercial purposes.

Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may have an interest in this matter. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

1. Submitting CBI. Do not submit CBI to EPA through regulations. gov or e mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI on a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 4 2. Tips for preparing your comments. When submitting comments, remember to:

i. Identify the notice by docket ID number and other identifying information ( subject heading, Federal Register date, and page number).

ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations ( CFR) part or section number.

iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

iv. Describe any assumptions and provide any technical information and/ or data that you used.

v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

vi. Provide specific examples to illustrate your concerns, and suggest alternatives.

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

viii. Make sure to submit your comments by the comment period deadline identified.

II. Background Nanoscale materials are chemical substances containing structures in the length scale of approximately 1 to 100 nanometers, and may have different molecular organizations and properties than the same chemical substances in a larger size.

EPA is considering a stewardship program pertaining to these nanoscale materials. ( see Federal Register: May 10, 2005 ( Volume 70, Number 89), Page 24574 24576). Information derived from the program would allow EPA and the affected industry to better understand the issues with respect to potential risks and for EPA to gain experience in the evaluation of such types of chemical substances.

EPA has received input from the National Pollution Prevention and Toxics Advisory Committee ( NPPTAC) regarding the intended outcomes of the program in the form of an Overview Document ( Ref 1.). The Overview Document indicates that the program should:

( 1) Give EPA and the public ( recognizing legitimate confidential business information issues), a better understanding of the types of engineered nanoscale materials produced in the US. 5 Characteristics of these materials that should be identified include: Physical, chemical, hazard and exposure characteristics; production volume; and the uses of the materials; ( 2) Help EPA develop a capacity and process for identifying and assessing risks of engineered nanoscale materials; ( 3) Help EPA determine what information it needs about engineered nanoscale materials and articulate those information needs to industry and other stakeholder groups; ( 4) Help EPA understand what risk management practices are being employed during production, processing, use and disposal stages, and what additional risk management practices need to be implemented; ( 5) Prompt or reinforce the implementation of risk management practices; and ( 6) Provide the information and experience needed to develop an overall approach to the treatment of nanoscale chemical substances under TSCA that builds public trust in nanoscale materials while enabling innovation and responsible development.

The Overview Document indicated that participants in the stewardship program should implement basic risk management practices or other environmental or occupational health protection controls ( e. g., worker training; hazard communication ( including MSDS); use of available engineering controls; provision of personal protective equipment, product labeling, customer training, waste management practices, etc.). The Overview Document also suggested that, in developing the stewardship program, EPA should hold one or more public Peer Consultation meetings. Among other issues, the meeting( s) would address risk management practices to be included in a basic program and in an in depth program, each offered under the overall stewardship program ( Ref. 1).

EPA is holding this meeting to assist in elaborating possible risk management practices for the stewardship program. The meeting will involve panel discussions of EPA's discussion paper on possible risk management practices for the basic program, with time allotted for public comment. EPA will place in the public docket and the ERG registration site the discussion paper on possible risk management practices for nanoscale materials as well as an agenda for the meeting.

III. Issues for EPA and stakeholders EPA is requesting comments on the following risk management practices for nanoscale materials: ( 1) worker training, including work practices, ( 2) hazard communication, ( 3) engineering controls, ( 4) personal protective equipment, ( 5) product labeling, ( 6) customer training, and ( 7) waste management and environmental release management. Comments in these specific areas will be particularly helpful:

° Risk management practices currently used for nanoscale materials. ° Rationale for the use of these practices and the effectiveness or efficiency of these practices. ° Issues to consider for determining risk management practices for nanoscale 6 materials to include in the basic program. ° Comments on EPA's proposed risk management practices for nanoscale materials in the basic program.

EPA is also requesting general comments on: ( 1) other risk management practices for nanoscale materials that should be considered, and ( 2) consideration for possible additional risk management practices for nanoscale materials in the in depth program.

IV. References The following references have been placed in the official docket that was established under docket ID number OPPT 2004 0122 for this action as indicated in Unit I. B.

1. NPPTAC. November 22, 2005. Overview of Issues for Consideration by NPPTAC.

2. Discussion paper for public meeting on risk management practices for nanoscale materials.

3. Agenda for public meeting on risk management practices for nanoscale materials.

List of Subjects Environmental protection, Chemicals, Hazardous substances, Nanoscale materials.

Dated:__________________________

_____________________________________ Director, Office of Pollution Prevention and Toxics [ FR Doc. 06????? Filed ???? 06; 8: 45 am] BILLING CODE 6560 50 S


[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Notices]
[Page 35115-35117]
[DOCID:fr21jn10-151]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62296; File No. SR-Phlx-2010-84]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by NASDAQ OMX PHLX, Inc. To
Establish a Short Term Option Program

June 15, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 14, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to amend Rule
1012 (Series of Options Open for Trading) and Rule 1101A (Terms of
Option Contracts) in order to list option series that expire one week
after being opened for trading; to add the definition of Short Term
Option Series to Rule 1000 (Applicability, Definitions and References)
and Rule 1000A (Applicability and Definitions); and to make non-
substantive changes to the language of Rule 1012 and Rule 1101A.
    The Exchange requests that the Commission waive the 30-day
operative delay period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\3\
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    \3\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, at the principal office of the Exchange, on the Commission's
Web site at http://www.sec.gov, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of this proposal is to amend Rules 1012 and 1101A to
establish a short term option program on the Exchange (``STO Program''
or ``Short Term Option Program'') by proposing to add new Commentary
.11 to Rule 1012 and new subsection (b)(vi) to Rule 1101A in order to
list option series that expire one week after being opened for trading
(``Short Term Option Series'' or ``STO''). The Exchange also proposes
to add the definition of Short Term Option Series to Rule 1000 and Rule
1000A;\4\ and to make non-substantive changes to conform the language
of Rule 1012 and Rule 1101A and delete unnecessary language.
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    \4\ Short Term Option Series is defined as: A series in an
option class that is approved for listing and trading on the
Exchange in which the series is opened for trading on any Thursday
or Friday that is a business day and that expires on the Friday of
the next business week. If a Thursday or Friday is not a business
day, the series may be opened (or shall expire) on the first
business day immediately prior to that Thursday or Friday,
respectively. Proposed Rules 1000(b)(44) and 1000A(b)(16).
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    The Commission approved the Short Term Option Program on a pilot
basis in 2005 and approved permanent establishment of the Short Term
Option Program in 2009 on behalf of Chicago Board Options Exchange
(``CBOE'') in its Rules 5.5 and 24.9.\5\ Thereafter, CBOE amended Rules
5.5 and 24.9 to permit opening Short Term Option Series not just on
Friday but also on Thursday.\6\ The Exchange's proposal is based
directly on the short term option program (Weeklys Program) in CBOE
Rules 5.5 and 24.9.
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    \5\ CBOE refers to its short term option program as the
``Weeklys Program.'' See Securities Exchange Act Release Nos. 52011
(July 12, 2005), 70 FR 41451 (July 19, 2005) (SR-CBOE-2004-63)
(approval order establishing Weeklys Pilot Program) and 59824 (April
27, 2009), 74 FR 20518 (May 4, 2009) (SR-CBOE-2009-018) (approval
order permanently establishing Weeklys Program).
    Other options exchanges have also established short term option
series pilots (but have not made them permanent). See Securities
Exchange Act Release Nos. 52012 (July 12, 2005), 70 FR 41246 (July
18, 2005) (SR-ISE-2005-17) (approval order establishing short term
option series pilot); 52013 (July 12, 2005), 70 FR 41471 (July 19,
2005) (SR-PCX-2005-32) (approval order establishing short term
option series pilot); 52014 (July 12, 2005), 70 FR 41244 (July 18,
2005) (SR-AMEX-2005-035) (approval order establishing short term
option series pilot).
    \6\ See Securities Exchange Act Release No. 62170 (May 25,
2010), 75 FR 30889 (June 2, 2010) (SR-CBOE-2010-048) (notice of
filing and immediate effectiveness allowing opening Short Term
Option Series on any Thursday or Friday).
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    Specifically, the Exchange proposes to establish a Short Term
Option Program for non-index options (e.g., equity options and ETF
options) in new Commentary .11 to Rule 1012; and for index options in
new subsection (b)(vi) to Rule 1001A. The Short Term Option Program
allows the Exchange to list and trade Short Term Option Series. Thus,
after an option class has been approved for listing and trading on the
Exchange, the Exchange may open for trading on any Thursday or Friday
that is a business day (``Short Term Option Opening Date'') series of
options on that class that expire on the Friday of the following
business week that is a business day (``Short Term Option Expiration
Date''). If the Exchange is not open for business on the respective
Thursday or Friday, the Short Term Option Opening Date will be the
first business day immediately prior to that respective Thursday or
Friday. Similarly, if the Exchange is not open for business on the
Friday of the following business week, the Short Term Option Expiration
Date will be the first business day immediately prior to that
Friday.\7\
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    \7\ See proposed Commentary .11 to Rule 1012 and Rule
1101A(b)(6).
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    Under the STO Program, the Exchange may select up to five approved
option classes on which Short Term Option Series could be opened. The
Exchange also may list Short Term Option Series on any option classes
that are selected by other securities exchanges that employ a similar
program under their respective rules.\8\
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    \8\ See proposed Commentary .11(a) to Rule 1012 and Rule
1101A(b)(6)(A).

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    For each class selected for the STO Program, the Exchange may open
up to twenty Short Term Option Series for each expiration date in that
class, with approximately the same number of strike prices above and
below the value of the underlying security or calculated index value at
about the time that the Short Term Option Series is opened. The
interval between strike prices on Short Term Option Series shall be the
same as the strike prices for series in that same option class that
expire in accordance with the normal monthly expiration cycle.\9\ Any
strike prices listed by the Exchange shall be within thirty percent
(30%) above or below the current value of the underlying index.\10\
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    \9\ See proposed Commentary .11(e) to Rule 1012 and Rule
1101A(b)(6)(E).
    \10\ See proposed Commentary .11(c) to Rule 1012 and Rule
1101A(b)(6)(C).
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    If the Exchange opens less than twenty Short Term Option Series for
a given expiration date, additional series may be opened for trading on
the Exchange when the Exchange deems it necessary to maintain an
orderly market, to meet customer demand, or when the current value of
the underlying security or index moves substantially from the
previously listed exercise prices. The total number of series for a
given expiration date, however, will not exceed twenty series. Any
additional strike prices listed by the Exchange shall be within 30%
above or below the current price of the underlying security. The
Exchange may also open additional strike prices of Short Term Option
Series that are more than 30% above or below the current price of the
underlying security provided that demonstrated customer interest exists
for such series, as expressed by institutional, corporate or individual
customers or their brokers. Market-Makers trading for their own account
shall not be considered when determining customer interest under this
provision. Moreover, the opening of the new Short Term Option Series
shall not affect the series of options of the same class previously
opened.\11\
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    \11\ See proposed Commentary .11(d) to Rule 1012 and Rule
1101A(b)(6)(D).
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    The Short Term Option Program provides that no Short Term Option
Series may expire in the same week in which monthly option series on
the same class expire or, in the case of Quarterly Options Series, on
an expiration that coincides with an expiration of Quarterly Options
Series on the same class.\12\
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    \12\ See proposed Commentary .11(b) to Rule 1012 and Rule
1101A(b)(6)(B). Moreover, the Exchange expects that Short Term
Option Series will settle (e.g., in terms of A.M. or P.M.) in the
same manner as do the monthly expiration series in the same option
class.
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    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle the potential additional traffic associated with the
listing and trading of options pursuant to the Short Term Option
Program.
    Finally, the Exchange is proposing to make non-substantive changes
to conform the language of Rule 1012 and Rule 1101A, and to delete
unnecessary language. Thus, the Exchange proposes to delete unnecessary
language regarding expiration in Commentary .08(b) to rule 1012 and
proposed Rule 1012(v)(B) because expiration is discussed in newly-added
STO Program rule language, and conforms the Phlx rule language with
CBOE Rules 5.5 and 24.9. The Exchange proposes to update the numbering
(lettering) of Rule 1101A for internal rule language consistency.
    The Exchange believes that the Short Term Option Program will
provide investors with a flexible and valuable tool to manage risk
exposure, minimize capital outlays, and be more responsive to the
timing of events affecting the securities that underlie options
contracts. The Exchange also believes that providing the flexibility to
list all Short Term Option series (equity and index) on any Thursday or
Friday will help implement the program more effectively and avoid
investor confusion.
    The Commission has requested, and the Exchange has agreed for the
purposes of this filing, to submit one report to the Commission
providing an analysis of the Exchange's Short Term Option Program (the
``Report''). The Report will cover the period from the date of
effectiveness of the STO Program through the first quarter of 2011, and
will describe the experience of the Exchange with the STO Program in
respect of the options classes included by the Exchange in such
program.\13\ The Report will be submitted by May 1, 2011, under
separate cover and will seek confidential treatment under the Freedom
of Information Act.
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    \13\ The Report would include the following: (1) Data and
written analysis on the open interest and trading volume in the
classes for which Short Term Option Series were opened; (2) an
assessment of the appropriateness of the option classes selected for
the STO Program; (3) an assessment of the impact of the STO Program
on the capacity of the Exchange, OPRA, and market data vendors (to
the extent data from market data vendors is available); (4) any
capacity problems or other problems that arose during the operation
of the STO Program and how the Exchange addressed such problems; (5)
any complaints that the Exchange received during the operation of
the STO Program and how the Exchange addressed them; and (6) any
additional information that would assist in assessing the operation
of the STO Program.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \14\ in general, and furthers the objectives of Section
6(b)(5) of the Act \15\ in particular, in that it 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 transactions in
securities, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system, by establishing a
Short Term Option Program that will provide investors with a flexible
and valuable tool to manage risk exposure, minimize capital outlays,
and be more responsive to the timing of events affecting the securities
that underlie option contracts.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section

19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6) thereunder,\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give 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.
The Commission is waiving the five-day pre-filing requirement in
this case.
    \17\ 17 CFR 240.19b-4(f)(6).
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    The Exchange has requested that the Commission waive the 30-day
operative delay to permit the Exchange to compete with other exchanges
whose rules permit the listing of similar short term options
series.\18\ The Commission believes that waiver of the operative delay
is consistent with the protection of investors and the public interest
because the proposal is substantially similar to a rule of another
exchange that has been approved by the Commission.\19\ Therefore, the
Commission designates the proposal operative upon filing.\20\
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    \18\ See supra notes 5-6 and accompanying text.
    \19\ See Securities Exchange Act Release No. 59824 (April 27,
2009), 74 FR 20518 (May 4, 2009) (SR-CBOE-2009-018).
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-84 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-84. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2010-84 and should be
submitted on or before July 12, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-14965 Filed 6-18-10; 8:45 am]
BILLING CODE 8010-01-P


Old Springfield Landfill Springfield 12/ 82 09/ 83 Parker Sanitary Landfill Lyndon 06/ 88 02/ 90 Pine Street Canal Burlington 12/ 82 09/ 83 S Pownal Tannery Pownal 09/ 98 01/ 99 9 General Superfund Sites + 0 Federal Facility Sites = 9 WA General Superfund Sites American Crossarm & Conduit Co. Chehalis 06/ 88 10/ 89 Boomsnub/ Airco Vancouver 01/ 94 04/ 95 S Centralia Municipal Landfill Centralia 06/ 88 08/ 90 Colbert Landfill Spokane 12/ 82 09/ 83 Commencement Bay, Near Shore/ Tide Flats Pierce County 12/ 82 09/ 83 Commencement Bay, South Tacoma Channel Tacoma 12/ 82 09/ 83 FMC Corp. ( Yakima Pit) Yakima 12/ 82 09/ 83 Frontier Hard Chrome, Inc. Vancouver 12/ 82 09/ 83 General Electric Co. ( Spokane Shop) Spokane 06/ 88 10/ 89 Greenacres Landfill Spokane County 09/ 83 09/ 84 Hamilton/ Labree Roads GW Contamination Chehalis 05/ 00 07/ 00 Harbor Island ( Lead) Seattle 12/ 82 09/ 83 Hidden Valley Landfill ( Thun Field) Pierce County 06/ 86 03/ 89 Kaiser Aluminum Mead Works Mead 12/ 82 09/ 83 Lakewood Site Lakewood 12/ 82 09/ 83 Lower Duwamish Waterway Seattle 12/ 00 09/ 01 Mica Landfill Mica 10/ 84 06/ 86 Midnite Mine Wellpinit 02/ 99 05/ 00 Midway Landfill Kent 10/ 84 06/ 86 Moses Lake Wellfield Contamination Moses Lake 07/ 91 10/ 92 North Market Street Spokane 06/ 88 08/ 90 Northside Landfill Spokane 10/ 84 06/ 86 Oeser Co Bellingham 12/ 96 09/ 97 Pacific Car & Foundry Co. Renton 06/ 88 02/ 90 Pacific Sound Resources Seattle 05/ 93 05/ 94 Palermo Well Field Ground Water Contam. Tumwater 12/ 96 04/ 97 Pasco Sanitary Landfill Pasco 06/ 88 02/ 90 Queen City Farms Maple Valley 09/ 83 09/ 84 Seattle Municipal Landfill ( Kent Hghlnds Kent 06/ 88 08/ 90 Vancouver Water Station # 1 Contamination Vancouver 06/ 93 05/ 94 Vancouver Water Station # 4 Contamination Vancouver 07/ 91 10/ 92 Western Processing Co., Inc. Kent 12/ 82 09/ 83 Wyckoff Co./ Eagle Harbor Bainbridge Island 09/ 85 07/ 87 Federal Facility Sites American Lake Gardens/ McChord AFB Tacoma 09/ 83 09/ 84 F Bangor Naval Submarine Base Silverdale 07/ 89 08/ 90 F Bangor Ordnance Disposal ( USNAVY) Bremerton 10/ 84 07/ 87 F Fairchild Air Force Base ( 4 Waste Areas) Spokane County 06/ 88 03/ 89 F 60  National Priorities List Final and Proposed Sites ( by State) April 2003 Date St Site Name Location Proposed( a) Final Notes( b)

Fort Lewis Logistics Center Tillicum 07/ 89 11/ 89 F Hanford 100 Area ( USDOE) Benton County 06/ 88 10/ 89 F Hanford 200 Area ( USDOE) Benton County 06/ 88 10/ 89 F Hanford 300 Area ( USDOE) Benton County 06/ 88 10/ 89 F Jackson Park Housing Complex ( USNAVY) Kitsap County 06/ 93 05/ 94 F Naval Air Station, Whidbey Island ( Ault) Whidbey Island 09/ 85 02/ 90 F Naval Undersea Warfare Station ( 4 Areas) Keyport 06/ 86 10/ 89 F Old Navy Dump/ Manchester Lab( USEPA/ NOAA) Manchester 01/ 94 05/ 94 F Port Hadlock Detachment ( USNAVY) Indian Island 06/ 93 05/ 94 F Puget Sound Naval Shipyard Complex Bremerton 05/ 93 05/ 94 F 33 General Superfund Sites + 14 Federal Facility Sites = 47 WI General Superfund Sites Algoma Municipal Landfill Algoma 06/ 86 07/ 87 Ashland/ Northern States Power Lakefront Ashland 12/ 00 09/ 02 Better Brite Plating Chrome & Zinc Shops DePere 10/ 89 08/ 90 City Disposal Corp. Landfill Dunn 09/ 83 09/ 84 Delavan Municipal Well # 4 Delavan 09/ 83 09/ 84 Eau Claire Municipal Well Field Eau Claire 09/ 83 09/ 84 Fadrowski Drum Disposal Franklin 10/ 84 06/ 86 Fox River NRDA/ PCB Releases Green Bay 07/ 98 Hagen Farm Stoughton 09/ 85 07/ 87 Hechimovich Sanitary Landfill Williamstown 06/ 88 03/ 89 Hunts Disposal Landfill Caledonia 06/ 86 07/ 87 Janesville Ash Beds Janesville 09/ 83 09/ 84 Janesville Old Landfill Janesville 09/ 83 09/ 84 Kohler Co. Landfill Sheboygan 09/ 83 09/ 84 Lauer I Sanitary Landfill Menomonee Falls 09/ 83 09/ 84 Lemberger Landfill, Inc. Whitelaw 09/ 85 06/ 86 Lemberger Transport & Recycling Franklin Township 09/ 83 09/ 84 Madison Metropolitan Sewerage District Blooming Grove 06/ 88 02/ 90 Master Disposal Service Landfill Brookfield 09/ 83 09/ 84 Mid State Disposal, Inc. Landfill Cleveland Township 09/ 83 09/ 84 Moss American( Kerr McGee Oil Co.) Milwaukee 09/ 83 09/ 84 Muskego Sanitary Landfill Muskego 09/ 83 09/ 84 N. W. Mauthe Co., Inc. Appleton 06/ 88 03/ 89 S National Presto Industries, Inc. Eau Claire 10/ 84 06/ 86 Oconomowoc Electroplating Co. Inc Ashippun 09/ 83 09/ 84 Onalaska Municipal Landfill Onalaska 09/ 83 09/ 84 Penta Wood Products Daniels 10/ 95 06/ 96 Refuse Hideaway Landfill Middleton 02/ 92 10/ 92 Ripon City Landfill Fond Du Lac County 06/ 93 05/ 94 Sauk County Landfill Excelsior 06/ 88 10/ 89 Schmalz Dump Harrison 09/ 83 09/ 84 Scrap Processing Co., Inc. Medford 09/ 83 09/ 84 61  National Priorities List Final and Proposed Sites ( by State) April 2003 Date St Site Name Location Proposed( a) Final Notes( b)

Sheboygan Harbor & River Sheboygan 09/ 85 06/ 86 Spickler Landfill Spencer 01/ 87 07/ 87 Stoughton City Landfill Stoughton 10/ 84 06/ 86 Tomah Armory Tomah 01/ 87 07/ 87 Tomah Municipal Sanitary Landfill Tomah 06/ 86 03/ 89 Waste Mgmt of WI ( Brookfield Sanit LF) Brookfield 06/ 88 08/ 90 Wausau Ground Water Contamination Wausau 04/ 85 06/ 86 Wheeler Pit La Prairie Township 09/ 83 09/ 84 40 General Superfund Sites + 0 Federal Facility Sites = 40 WV General Superfund Sites Big John Salvage  Hoult Road Fairmont 02/ 00 07/ 00 Fike Chemical, Inc. Nitro 12/ 82 09/ 83 Follansbee Site Follansbee 12/ 82 09/ 83 Hanlin Allied Olin Moundsville 04/ 99 07/ 99 Ordnance Works Disposal Areas Morgantown 10/ 84 06/ 86 Sharon Steel Corp ( Fairmont Coke Works) Fairmont 06/ 96 12/ 96 Vienna Tetrachloroethene Vienna 04/ 99 10/ 99 Federal Facility Sites Allegany Ballistics Laboratory ( USNAVY) Mineral County 06/ 93 05/ 94 F West Virginia Ordnance ( USARMY) Point Pleasant 12/ 82 09/ 83 F, S 7 General Superfund Sites + 2 Federal Facility Sites = 9 WY General Superfund Sites Mystery Bridge Rd/ U. S. Highway 20 Evansville 06/ 88 08/ 90 Federal Facility Sites F. E. Warren Air Force Base Cheyenne 07/ 89 02/ 90 F 1 General Superfund Sites + 1 Federal Facility Sites = 2 1139 General Superfund Sites + 164 Federal Facility Sites = 1303 ( a) Date first eligible for Superfund action. First NPL proposed 12/ 82. Some sites were announced earlier in the Interim Priorities List ( 10/ 81) and Expanded Eligibility List ( 7/ 82); most were included in the first proposed NPL.

( b) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry ( if scored, HRS score need not be > 28.50). F = Federal facility site, not eligible for Superfund financed response. S = State top priority ( included among the 100 top priority sites regardless of score).

62 National Priorities List Final and Proposed Sites Per State/ Territory ( by Proposed Rule # 39) April 2003 Proposed Rule # 39 Total Proposed Total Final State/ Territory Gen Fed Gen Fed Gen Fed Total New Jersey 3 0 4 0 106 8 118 Missouri 2 0 2 0 203 25 Ohio 20 52 253 35 Texas 20 40 374 45 California 1 0 3 0 72 24 99 Colorado 1 0 3 0 123 18 Maryland 10 10 99 19 New Hampshire 1 0 2 0 17 1 20 North Carolina 1 0 1 0 26 2 29 Alabama 00 20 103 15 Alaska 00 00 15 6 American Samoa 0 0 0 0 0 0 0 Arizona 00 00 72 9 Arkansas 0 0 0 0 120 12 Commonwealth of Marianas 0 0 0 0 0 0 0 Connecticut 0 0 1 0 14 1 16 Delaware 0 0 0 0 141 15 District of Columbia 0 0 0 0 0 1 1 Florida 00 10 456 52 Georgia 00 10 122 15 Guam 000011 2 Hawaii 00 00 12 3 Idaho 00 30 42 9 Illinois 0 0 5 1 354 45 Indiana 00 10 280 29 Iowa 00 10 121 14 Kansas 00 11 91 12 Kentucky 0 0 0 0 131 14 Louisiana 0 0 2 0 121 15 Maine 00 00 93 12 Massachusetts 0 0 1 0 24 7 32 Michigan 0 0 1 1 670 69 Minnesota 0 0 0 0 222 24 Mississippi 00 20 20 4 Montana 00 10 140 15 Nebraska 0 0 0 0 101 11 Nevada 00 00 10 1 New Mexico 0 0 1 0 101 12 New York 00 10 864 91 North Dakota 00 00 00 0 Oklahoma 00 10 91 11 Oregon 00 20 82 12 Pennsylvania 0 0 2 0 88 6 96 Puerto Rico 00 00 90 9 Rhode Island 0 0 0 0 10 2 12 South Carolina 0 0 0 0 23 2 25 63 National Priorities List Final and Proposed Sites Per State/ Territory ( by Proposed Rule # 39) April 2003 Proposed Rule # 39 Total Proposed Total Final State/ Territory Gen Fed Gen Fed Gen Fed Total South Dakota 0 0 0 0 1 1 2 Tennessee 0 0 0 1 9 3 13 Trust Territories 0 0 0 0 0 0 0 Utah 0 0 4 0 13 4 21 Vermont 0 0 0 0 9 0 9 Virgin Islands 0 0 0 0 2 0 2 Virginia 0 0 0 0 19 11 30 Washington 0 0 0 0 33 14 47 West Virginia 0 0 0 0 7 2 9 Wisconsin 0 0 1 0 39 0 40 Wyoming 0 0 0 0 1 1 2 Total 14 0 60 6 1079 158 1303 64 National Priorities List General Superfund Section, Proposed Rule # 39 Scores April 2003 Route Scores  Site St Site Name Location GW SW SE Air Score Notes( a)

CA AMCO Chemical Oakland NS NS NS 100.00 50.00 CO Captain Jack Mill Ward NS 100.00 15.00 NS 50.56 MD 68th Street Dump Baltimore NS 100.00 NS NS 50.00 MO Madison County Mines Fredericktown NS 100.00 60.40 NS 58.41 MO Newton County Mine Tailings Newton County 100.00 NS NS NS 50.00 NC Ram Leather Care Charlotte 80.85 NS NS NS 40.43 NH Troy Mills Landfill Troy NS 100.00 NS NS 50.00 NJ Rolling Knolls Landfill Chatham Township NS 100.00 60.00 NS 58.31 NJ Standard Chlorine Chem. Co., Inc. Kearny NS 100.00 NS NS 50.00 NJ White Swan Cleaners/ Sun Cleaners Area GW Wall Township 83.27 NS NS NS 41.63 OH Armco Inc., Hamilton Plant Hamilton 100.00 96.08 NS NS 69.34 OH Peters Cartridge Factory Kings Mills NS 100.00 NS NS 50.00 TX Conroe Creosoting Company Conroe NS 96.00 NS NS 48.00 TX Jones Road GW Plume Harris County 93.00 NS NS NS 46.50 Number of Sites Being Proposed to the General Superfund Section: 14 ( a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry ( if scored, HRS score need not be > 28.50). S = State top priority ( included among the 100 top priority sites regardless of score). NS = Pathway Not Scored 65 National Priorities List General Superfund Section, Final Rule Scores April 2003 Route Scores  Site St Site Name Location GW SW SE Air Score Notes( a)

FL United Metals, Inc. Marianna NS 67.47 NS NS 33.73 NC Ward Transformer Raleigh NS 100.00 NS NS 50.00 NE Omaha Lead Omaha NS NS 100.00 NS 50.00 NJ Woodbrook Road Dump South Plainfield NS 100.00 NS NS 50.00 PR Pesticide Warehouse III Manati 100.00 NS NS NS 50.00 TX Gulfco Marine Maintenance Freeport NS 100.00 NS NS 50.00 UT Davenport and Flagstaff Smelters Sandy City NS NS 65.00 NS 32.50 Number of Sites Being Promulgated to the General Superfund Section: 7 ( a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry ( if scored, HRS score need not be > 28.50). S = State top priority ( included among the 100 top priority sites regardless of score). NS = Pathway Not Scored 66 Federal Register Notices Date Oct 23 81 Jul 23 82 Dec 30 82 Mar 04 83 Sep 08 83 May 08 84 Sep 21 84 Oct 15 84 Feb 14 85 Apr 10 85 Sep 16 85 Sep 18 85 Jun 10 86 Final 51 FR 21054 51 FR 21064 Proposal 5 51 FR 21099 51 FR 21109 Rule Type FR Notice Action Proposed Sites Final Sites Gen Fed Total Gen Fed Total Interim Priorities List ( IPL) 115 sites proposed 115 Expanded Eligibility List ( EEL) 45 sites added; no notice published 160 418 sites ( including 153 from the IPL and EEL); federal site 418 418 1 site proposed; Times Beach 419 419 Promulgation of first NPL; 406 finalized, 1 proposed site split into 2 sites; Removed 6 proposed sites 140 140 406 406 133 sites proposed 4 San Gabriel sites finalized 136 136 410 410 128 sites finalized and 4 proposed sites removed 4 4 538 538 244 total sites; 208 general and 36 federal 212 36 248 538 538 2 sites; Glen Ridge and Montclair/ West Orange, NJ 210 36 246 540 540 32 total sites; 26 general and 6 federal 236 42 278 540 540 1 site; Lansdowne Radiation, PA 235 42 277 541 541 41 total sites; 38 general and 3 federal 273 45 318 541 541 170 general sites; Deleted 8 NPL sites since last rule Removed 7 proposed sites 45 total sites; 43 general and 2 federal 5 RCRA sites reopened for comments 143 47 190 703 703 Removed 1 N/ A N/ A Proposal 47 FR 58476 Proposal 48 FR 9311 Final 48 FR 40658 Proposal 1 48 FR 40674 Final 49 FR 19480 Final 49 FR 37070 Proposal 2 49 FR 40320 Final 50 FR 6320 Proposal 3 50 FR 14115 Final 50 FR 37630 Proposal 4 50 FR 37950 67 Date Oct 17 86 Jan 22 87 Feb 25 87 May 13 87 Rule Type FR Notice Action Proposed Sites Final Sites Gen Fed Total Gen Fed Total Removed Silver Creek Tailings from proposal 137 47 184 703 703 64 total sites; 63 general and 1 federal 200 48 248 703 703 Notice of Availability Proposed RCRA Policy Statements 99 total sites; 67 general and 32 federal 7 federal sites reproposed ( no change in numbers) 133 16 149 770 32 802 13 sites reproposed ( no change in numbers)

229 total sites; 215 general and 14 federal 348 30 378 767 32 799 Notice of Availability; RCRA policy statements 8 federal sites; Reclassified 1 general NPL site as a federal site 348 22 370 758 41 799 93 general sites finalized; Removed 4 general proposed sites 251 22 273 849 41 890 10 general sites 261 22 283 849 41 890 52 federal sites 261 74 335 848 41 889 2 ATSDR sites 263 74 337 848 41 889 23 general sites; Removed 27 proposed RCRA sites 70 total sites; 59 general and 11 federal; Removed 4 general proposed sites 150 63 213 929 52 981 25 total sites; 23 general and 2 federal; last proposed rule under the original HRS 173 65 238 929 52 981 29 total sites; 2 general ATSDR and 27 federal 171 38 209 931 79 1,010 Removal Proposal 6 52 FR 2492 52 FR 5578 52 FR 17991 Jul 22 87 Final 52 FR 27620 52 FR 27643 Jun 24 88 Aug 09 88 Mar 13 89 Mar 31 89 May 5 89 Jul 14 89 Aug 16 89 Oct 4 89 Oct 26 89 Nov 21 89 53 FR 23978 Proposal 7 53 FR 23988 53 FR 30002 and 30005 Final 54 FR 10512 Final 54 FR 13296 Proposal 8 54 FR 19526 Proposal 9 54 FR 29820 Proposal 54 FR 33846 Final 54 FR 41000 Final 54 FR 41015 Proposal 10 54 FR 43778 Final 54 FR 48184 68 Date Feb 21 90 Mar 14 90 Aug 30 90 Feb 11 91 May 9 91 Jul 29 91 Sep 25 91 Feb 7 92 Oct 14 92 May 10 93 Jun 23 93 Jan 18 94 Feb 23 94 May 31 94 Aug 23 94 Rule Type FR Notice Action Proposed Sites Final Sites Gen Fed Total Gen Fed Total 71 total sites; 57 general and 14 federal; Removed 1 general proposed site 113 24 137 988 93 1,081 1 general site; United Heckathorn Co, Richmond, CA 112 24 136 989 93 1,082 106 total sites; 83 general and 23 federal; Removed 9 general and 1 federal proposed sites 20 0 20 1,071 116 1,187 Last final rule under original HRS  6 general sites; Removed 8 general proposed sites; No decision on 6 proposed sites 0 0 1,073 116 1,189 1 general ATSDR site 1 1 1,072 116 1,188 22 general sites; First proposed rule under Revised HRS 20 3 23 1,072 116 1,188 1 general ATSDR site 19 3 22 1,069 116 1,185 30 total sites; 24 general and 6 federal 43 9 52 1,067 116 1,183 33 total sites; 26 general and 7 federal 9 total sites; 8 general and 1 federal 25 3 28 1,085 123 1,208 26 total sites; 19 general and 7 federal; Withdrew 5 NPL sites 44 10 54 1,078 123 1,201 17 total sites; 7 general and 10 federal; Withdrew 2 general NPL sites 51 20 71 1,075 123 1,198 26 total sites; 16 general and 10 federal; Withdrew 2 general NPL sites 67 30 97 1,067 123 1,190 1 general site ( Alcoa/ Point Comfort); Withdrew 1 general NPL site 66 30 96 1,067 123 1,190 42 total sites; 18 general and 24 federal; Reclassified 3 general sites as federal sites 48 6 54 1,082 150 1,232 10 total sites; 6 general and 4 federal 54 10 64 1,081 150 1,231 0 0 Final 55 FR 6154 Final 55 FR 9688 Final 55 FR 35502 Final 56 FR 5598 Proposal 56 FR 21460 Proposal 11 56 FR 35840 Final 56 FR 48438 Proposal 12 57 FR 4824 Final 57 FR 47181 Proposal 13 57 FR 47204 Proposal 14 58 FR 27507 Proposal 15 58 FR 34018 Proposal 16 59 FR 2568 Final 59 FR 8724 Final 59 FR 27989 Proposal 17 59 FR 43314 69 Date Dec 16 94 Feb 13 95 Apr 25 95 May 26 95 Sep 29 95 Oct 2 95 Rule Type FR Notice Action Proposed Sites Final Sites Gen Fed Total Gen Fed Total 18 total sites; 14 general and 4 federal 40 6 46 1,088 154 1,242 9 total sites; 7 general and 2 federal 47 8 55 1,087 154 1,241 4 total sites; 3 general and 1 federal 44 7 51 1,082 155 1,237 1 general site ( Southern Shipbuilding); Removed 1 proposed site since last rule 42 7 49 1,082 153 1,235 8 total sites; 6 general and 2 federal 36 5 41 1,078 154 1,232 12 general sites; Removed 1 proposed site 47 5 52 1,078 154 1,232 13 total sites; all general 15 total sites; 13 general ( 2 general sites are reproposed) and 2 federal 45 7 52 1,073 154 1,227 7 total sites; all general 5 total sites; all general; Removed 1 proposed site 42 7 49 1,059 151 1,210 5 total sites; 3 general and 2 federal 6 total sites; 5 general and 1 federal; Removed 1 proposed site 43 6 49 1,057 151 1,208 Proposed Amendment of Montrose Chemical Corporation 6 total sites; all general 9 total sites; all general 46 6 52 1,053 151 1,204 6 total sites; all general 8 total sites; 6 general and 2 federal 46 8 54 1,046 151 1,197 Final 59 FR 65206 Proposal 18 60 FR 8212 Final 60 FR 20330 Final 60 FR 27896 Final 60 FR 50435 Proposal 19 60 FR 51390 Jun 17 96 Final 61 FR 30510 Proposal 20 61 FR 30575 Dec 23 96 Apr 1 97 Aug 21 97 Sep 25 97 Mar 6 98 Final 61 FR 67656 Proposal 21 61 FR 67678 Final 62 FR 15572 Proposal 22 62 FR 15594 62 FR 44430 Final 62 FR 50442 Proposal 23 62 FR 50450 Final 63 FR 11332 Proposal 24 63 FR 11340 70 Date Jul 28 98 Sep 18 98 Sep 29 98 Jan 19 99 Feb 16 99 Apr 23 99 May 10 99 Jul 22 99 Sep 17 99 Oct 22 99 Feb 4 00 Rule Type FR Notice Action Proposed Sites Final Sites Gen Fed Total Gen Fed Total 9 total sites; 7 general and 2 federal 14 total sites; 11 general and 3 federal 50 9 55 1,043 153 1,196 One site, general 46 9 55 1,044 153 1,197 One site, general 12 total sites; all general 57 9 66 1,041 153 1,194 17 total sites; 16 general and 1 federal 11 total sites; all general 50 9 59 1,053 153 1,206 Proposal of Midnite Mine site 51 9 60 1,053 153 1,206 12 total sites; all general 63 9 72 1,049 153 1,202 Proposal of Alameda NAS site 10 total sites; 7 general and 3 federal 56 7 63 1,056 156 1,212 15 total sites; 13 general and 2 federal 11 total sites; 10 general and 1 federal 53 6 59 1,068 158 1,226 One site, general 52 6 58 1,067 158 1,225 10 total sites; 9 general and 1 federal 9 total sites; all general 52 5 57 1,062 159 1,221 10 total sites; all general 8 total sites; 6 general and 2 federal 48 7 55 1,067 159 1,226 Final 63 FR 40182 Proposal 25 63 FR 40247 Final 63 FR 49855 Final 63 FR 51848 Proposal 26 63 FR 51882 Final 64 FR 2942 Proposal 27 64 FR 2950 Proposal 64 FR 7564 Proposal 28 64 FR 19968 Proposal 64 FR 24990 Final 64 FR 24949 Final 64 FR 39878 Proposal 29 64 FR 39886 Final 64 FR 50459 Final 64 FR 56966 Proposal 30 64 FR 56992 Final 65 FR 5435 Proposal 31 65 FR 5468 71 Date May 11 00 Jul 27 00 Aug 24 00 Dec 1 00 Jan 11 01 Jun 14 01 Sept 13 01 Feb 26 02 Sep 05 02 Oct 24 02 Rule Type FR Notice Action Proposed Sites Final Sites Gen Fed Total Gen Fed Total 7 total sites; all general 14 total sites; all general 55 7 62 1,068 159 1,227 12 total sites; 11 general and 1 federal 7 total sites; all general 51 6 57 1,077 160 1,237 Proposal of Alabama Plating Company, Inc. and Malone Service Company, Inc. ( general sites) 53 6 59 1,076 159 1,235 8 total sites; 7 general and 1 federal 13 total sites; 12 general and 1 federal 57 6 63 1,071 160 1,231 5 total sites; all general 61 6 67 1,069 160 1,229 10 total sites; all general 10 total sites; all general 61 6 67 1,076 160 1,236 11 total sites; all general 17 total sites; 16 general and 1 federal 65 7 72 1,078 160 1,238 Proposal of Libby Asbestos and Omaha Lead ( general sites) 67 7 74 1,063 159 1,222 19 total sites; 18 general and 1 federal 7 total sites; all general 56 6 62 1,079 159 1,238 One site; general 55 6 61 1,076 158 1,234 Final 65 FR 30482 Proposal 32 65 FR 30489 Final 65 FR 46096 Proposal 33 65 FR 46131 Proposal 65 FR 51567 Final 65 FR 75179 Proposal 34 65 FR 75215 Proposal 35 66 FR 2380 Final 66 FR 32235 Proposal 36 66 FR 32287 Final 66 FR 32235 Proposal 37 66 FR 47612 Proposal 67 FR 8836 Final 67 FR 56757 Proposal 38 67 FR 56794 Final 67 FR 65315 72


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Rules and Regulations]
[Pages 43042-43043]
[FR Doc No: 2019-17797]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0355; Airspace Docket No. 19-AGL-15]
RIN 2120-AA66

Amendment of Class E Airspace; Marion, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace extending upward from
700 feet above the surface at Marion Municipal Airport, Marion, OH.
This action is due to an airspace review caused by the decommissioning
of the Marion localizer/distance measuring equipment (LOC/DME)
navigation aid, which provided navigation information to the instrument
procedures at this airport. Airspace redesign is necessary for the
safety and management of instrument flight rules (IFR) operations at
this airport.

DATES: Effective 0901 UTC, December 5, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Marion Municipal Airport, Marion, OH, to support IFR
operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 26376; June 6, 2019) for Docket No. FAA-2019-0355 to
amend the Class E airspace extending upward from 700 feet above the
surface at Marion Municipal Airport, Marion, OH. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending the Class E airspace extending upward from 700 feet
above the surface to within a 6.5-mile radius (reduced from a 7-mile
radius) of Marion Municipal Airport, Marion, OH; adding an extension
9.6 miles north and 6 miles south of the 081[deg] radial from the
Buckeye VOR extending from the 6.5-mile radius to 7 miles from the
Buckeye VOR; and removing the exclusion verbiage as it is no longer
required.
    This action is the result of an airspace review caused by the
decommissioning of the Marion LOC/DME VOR, which provided navigation
information for the instrument procedures at this airport.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet
or More Above the Surface of the Earth.
* * * * *

AGL OH E5 Marion, OH [Amended]

Marion Municipal Airport, OH
    (Lat. 40[deg]36'59'' N, long. 83[deg]03'49'' W)
Buckeye VOR
    (Lat. 40[deg]37'00'' N, long. 83[deg]03'50'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Marion Municipal Airport, and within 9.6
miles north and 6 miles south of the 081[deg] radial from the
Buckeye VOR extending from the 6.5-mile radius to 7 miles east of
the Buckeye VOR.

    Issued in Fort Worth, Texas, on August 12, 2019.
Johanna Forkner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-17797 Filed 8-19-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Pages 54870-54873]
[FR Doc No: 2016-19584]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78554; File No. SR-CBOE-2016-059]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to COPS

August 11, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 1, 2016, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to re-implement the
contributor compensation structure of the Exchange's Customized Option
Pricing Service (``COPS''),\3\ specifically,

the COPS data revenue-sharing plan. The Exchange is not proposing to
change the fees for COPS data.
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    \3\ See Securities Exchange Act Release Nos. 34-67813 (September
10, 2012), 77 FR 56903 (September 14, 2012) (SR-CBOE-2012-083); 34-
67928 (September 26, 2012), 77 FR 60161 (October 2, 2012) (SR-CBOE-
2012-090); 34-70705 (October 17, 2013), 78 FR 63265 (October 23,
2013) (SR-CBOE-2013-097); 34-70845 (November 12, 2013), 78 FR 69168
(November 18, 2013) (SR-CBOE-2013-104); 34-72621 (July 16, 2014), 79
FR 42616 (July 22, 2014) (SR-CBOE-2014-057); 34-74159 (January 28,
2015), 80 FR 5863 (February 23, 2015) (SR-CBOE-2015-007); 34-74937
(May 12, 2015), 80 FR 28319 (May 18, 2015) (SR-CBOE-2015-046); and
34-76888 (January 13, 2016), 81 FR 12 (January 20, 2016) (SR-CBOE-
2015-122).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The purpose of the proposed rule change is to re-implement the
contributor compensation structure of the Exchange's COPS,\4\
specifically, the COPS data revenue-sharing plan. The Exchange is not
proposing to change the fees for COPS data.
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    \4\ See Securities Exchange Act Release Nos. 34-67813 (September
10, 2012), 77 FR 56903 (September 14, 2012) (SR-CBOE-2012-083); 34-
67928 (September 26, 2012), 77 FR 60161 (October 2, 2012) (SR-CBOE-
2012-090); 34-70705 (October 17, 2013), 78 FR 63265 (October 23,
2013) (SR-CBOE-2013-097); 34-70845 (November 12, 2013), 78 FR 69168
(November 18, 2013) (SR-CBOE-2013-104); 34-72621 (July 16, 2014), 79
FR 42616 (July 22, 2014) (SR-CBOE-2014-057); 34-74159 (January 28,
2015), 80 FR 5863 (February 23, 2015) (SR-CBOE-2015-007); 34-74937
(May 12, 2015), 80 FR 28319 (May 18, 2015) (SR-CBOE-2015-046); and
34-76888 (January 13, 2016), 81 FR 12 (January 20, 2016) (SR-CBOE-
2015-122).
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Background
    COPS provides market participants with an ``end-of-day'' \5\ file
and ``historical'' \6\ files of valuations for Flexible Exchange
(``FLEX'') \7\ options and certain over-the-counter (``OTC'') options
(collectively, ``COPS Data''). Market Data Express, LLC (``MDX''), an
affiliate of CBOE, offers COPS Data for sale to all market
participants. COPS Data is available to ``Subscribers'' for internal
use and internal distribution only, and to ``Customers'' who, pursuant
to a written vendor agreement between MDX and a Customer, may
distribute the COPS Data externally (i.e., act as a vendor) and/or use
and distribute the COPS Data internally.
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    \5\ ``End of day'' refers to data that is distributed prior to
the opening of the next trading day.
    \6\ ``Historical'' COPS data consists of COPS data that is over
one month old (i.e., copies of the ``end-of-day'' COPS file that are
over one month old).
    \7\ FLEX options are exchange traded options that provide
investors with the ability to customize basic option features
including size, expiration date, exercise style, and certain
exercise prices.
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    COPS Data consists of indicative \8\ values for four categories of
``customized'' options. The first category of options is all open
series of FLEX options listed on any exchange that offers FLEX options
for trading.\9\ The second category is OTC options that have the same
degree of customization as FLEX options. The third category includes
options with strike prices expressed in percentage terms. Values for
such options are expressed in percentage terms and are theoretical
values.\10\ The fourth category includes ``exotic'' options.\11\
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    \8\ ``Indicative'' values are indications of potential market
prices only and as such are neither firm nor the basis for a
transaction.
    \9\ Current FLEX options open interest spans over 2,000 series
on over 300 different underlying securities.
    \10\ These values are theoretical in that they are indications
of potential market prices for options that have not traded (i.e.,
do not yet exist). Market participants sometimes express option
values in percentage terms rather than in dollar terms because they
find it is easier to assess the change, or lack of change, in the
marketplace from one day to the next when values are expressed in
percentage terms.
    \11\ Exotic options are options which are generally traded OTC
and are more complex than standard options, usually relating to
determination of payoff. An exotic option may also include a non-
standard underlying instrument, developed for a particular client or
for a particular market.
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    The Exchange uses values produced by CBOE Trading Permit Holders
(``TPHs'') to produce COPS Data. Participating CBOE TPHs submit values
to MDX on options series specified by MDX on a daily basis. These
values are generated by the TPHs' internal pricing models. The
valuations that MDX ultimately publishes are an average of multiple
contributions of values from participating CBOE TPHs. For each value
provided by MDX through COPS, MDX includes a corresponding indication
of the number of TPH contributors that factored into that value.
    CBOE TPHs that meet the following objective qualification criteria
are allowed to contribute values to MDX for purposes of producing COPS
Data. Interested CBOE TPHs must be approved by the Exchange, have the
ability to provide valuations to MDX in a timely manner each day after
the close of trading, and sign a services agreement with CBOE.
Interested CBOE TPHs must also have the ability to provide both
indicative and implied volatility valuations on several different types
of options, including (i) options on all open FLEX series traded on any
exchange that offers FLEX options for trading, (ii) options on any
potential new FLEX options series, (iii) OTC options that have the same
degree of customization as FLEX options, (iv) customized options where
the strike price is expressed in percentage terms (the valuations
provided to MDX must also be expressed in percentage terms), and (v)
exotic options. In addition, interested CBOE TPHs must participate in a
testing phase with MDX. The values submitted by a TPH during the
testing phase and in live production must meet MDX's quality control
standards designed to ensure the integrity and accuracy of COPS Data.
MDX has implemented procedures including monthly performance reviews to
help ensure the integrity and accuracy of COPS Data.
    To help ensure that MDX receives numerous values from multiple TPHs
on a consistent basis, MDX shares revenue from the sale of COPS Data
with participating CBOE TPHs.\12\ The amount of revenue that MDX shares
with participating TPHs is a percentage of the total revenue received
by MDX from the sale of COPS Data. The revenue sharing is based on the
following table:
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    \12\ The fees that MDX charges for COPS Data are set forth on
the Price List on the MDX Web site (www.marketdataexpress.com). MDX
currently charges a fee per option per day for ``end-of-day'' COPS
data. The amount of the fee is reduced based on the number of
options valuations purchased.

------------------------------------------------------------------------
                                  Total
                                 revenue
 Number of participating TPHs     share        Revenue share per TPH
                                (percent)
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3.............................         21  7%.
4.............................         24  6%.
5 or more.....................         30  30% divided by the number of
                                            participating TPHs.
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    If only three TPHs participate, MDX shares 21% of total revenue
with each TPH receiving a 7% share. If four TPHs participate, MDX
shares 24% of total revenue with each TPH receiving a 6% share. If five
or more TPHs participate, MDX shares 30% of total revenue divided
equally among the TPHs.
    In July 2014, the Exchange submitted a proposed rule change to,
among other things, temporarily change the COPS contributor
compensation structure

from a revenue sharing plan to a fixed payment structure for a six-
month period (``Fixed Payment Period'').\13\ In May 2015, the Exchange
submitted a proposed rule change to change the COPS contributor
compensation structure for the remainder of 2015.\14\ Pursuant to that
proposed rule change, as of May 1, 2015, all revenue from the sale of
COPS Data was paid to COPS contributors, with revenue divided equally
among COPS contributors. In December 2015, (sic) As described in that
proposed rule change, MDX would transition back to the revenue share
plan described above on January 1, 2016. In December 2015, the Exchange
submitted a proposed rule change to extend the temporary suspension
through June 30, 2016.\15\
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    \13\ See Securities Exchange Act Release No. 34-72621 (July 16,
2014), 79 FR 42616 (July 22, 2014) (SR-CBOE-2014-057).
    \14\ Securities Exchange Act Release No. 34-74937 (May 12,
2015), 80 FR 28319 (May 18, 2015) (SR-CBOE-2015-046).
    \15\ Securities Exchange Act Release No. 34-76888 (January 13,
2016), 81 FR 12 (January 20, 2016) (SR-CBOE-2015-122). The Exchange
is not proposing to eliminate the revenue share plan, but rather re-
implement the temporary suspension as described in this rule filing.
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Proposal
    The Exchange proposes to re-implement the temporary suspension
described above through the end of the year. As such, all revenue from
the sale of COPS Data would be paid to COPS contributors through
December 31, 2016. As before, the revenue would continue to be divided
equally among COPS contributors. The Exchange had hoped that at the end
June 2016, COPS revenue would be at a level such that the COPS
contributors would receive a revenue share roughly in line with the
fixed payments they received during the Fixed Payment Period. This has
not yet occurred. The payments to COPS contributors are intended to, at
a minimum, help COPS contributors cover their costs of producing
valuations for COPS while the Exchange continues to grow the COPS
business.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\16\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \17\ requirements that the rules of an exchange be
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 regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \18\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ Id.
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    The Exchange believes the proposed rule change is not designed to
permit unfair discrimination between CBOE TPHs because all COPS data
revenue would be divided equally among TPH contributors through
December 31, 2016. The Exchange believes the proposed rule change is
consistent with the protection of investors and the public interest in
that it would provide incentive for all of the COPS contributors to
participate in COPS while the Exchange continues to grow the COPS
business, thereby helping to maintain the quality of COPS Data.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the Exchange
believes the proposal is procompetitive in that it will incentivize
COPS contributors to continue producing quality valuations to help keep
COPS competitive with other similar market data products.\19\
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    \19\ Market data vendors including SuperDerivatives, Markit,
Prism, and Bloomberg's BVAL service produce option value data that
is similar to COPS Data. The Options Clearing Corporation (``OCC'')
also produces FLEX option value data that is similar to the FLEX
option value data that is included in COPS.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \20\ and paragraph (f)(2) of Rule 19b-4 \21\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2016-059 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2016-059. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for

inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2016-059 and should be
submitted on or before September 7, 2016.
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    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19584 Filed 8-16-16; 8:45 am]
 BILLING CODE 8011-01-P