[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30534-30538]
[FR Doc No: 2022-10738]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94913; File No. SR-CBOE-2022-023]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fees Schedule Relating to the Sale of Open-Close Volume Data

May 13, 2022.
    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 May 2, 2022, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') 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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Fees Schedule relating to the sale of Open-Close volume
data. The text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatory
Home.aspx), at the Exchange's Office of the Secretary, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule to (i) offer a
free trial during the months of May, June and July 2022 for an ad-hoc
request of three (3) historical months of Intraday Open-Close
historical data to all Cboe Options Trading Permit Holders (``TPHs'')
and non-TPHs who have never before subscribed to the Intraday Open-
Close historical files, (ii) allow Qualifying Academic Purchasers to
purchase historical open-close data for each additional month over one
year at a prorated rate based on the $1,500 per year rate, and (iii)
adopt fees for the external distribution of products derived from Open-
Close Data, effective May 2, 2022.
    By way of background, the Exchange currently offers End-of-Day
(``EOD'') and Intraday Open-Close Data (collectively, ``Open-Close
Data''). EOD Open-Close Data is an end-of-day volume summary of trading
activity on the Exchange at the option level by origin (customer,
professional customer, broker-dealer, and market maker), side of the
market (buy or sell), price, and transaction type (opening or closing).
The customer and professional customer volume is further broken down
into trade size buckets (less than 100 contracts, 100-199 contracts,
greater than 199 contracts). The Open-Close Data is proprietary Cboe
Options trade data and does not include trade data from any other
exchange. It is also a historical data product and not a real-time data
feed. The Exchange also offers Intraday Open-Close Data, which provides
similar information to that of Open-Close Data but is produced and
updated every 10 minutes during the trading day. Data is captured in
``snapshots'' taken every 10 minutes throughout the trading day and is
available to subscribers within five minutes of the conclusion of each
10-minute period.\3\ The Intraday Open-

Close Data provides a volume summary of trading activity on the
Exchange at the option level by origin (customer, professional
customer, broker-dealer, and market maker), side of the market (buy or
sell), and transaction type (opening or closing). The customer and
professional customer volume are further broken down into trade size
buckets (less than 100 contracts, 100-199 contracts, greater than 199
contracts). The Intraday Open-Close Data is also proprietary Cboe
Options trade data and does not include trade data from any other
exchange.
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    \3\ For example, subscribers to the intraday product will
receive the first calculation of intraday data by approximately 9:42
a.m. ET, which represents data captured from 9:30 a.m. to 9:40 a.m.
Subscribers will receive the next update at 9:52 a.m., representing
the data previously provided together with data captured from 9:40
a.m. through 9:50 a.m., and so forth. Each update will represent the
aggregate data captured from the current ``snapshot'' and all
previous ``snapshots.''
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    Cboe LiveVol, LLC (``LiveVol''), a wholly owned subsidiary of the
Exchange's parent company, Cboe Global Markets, Inc., makes the Open-
Close Data available for purchase to TPHs and non-TPHs on the LiveVol
DataShop website (datashop.cboe.com). Customers may currently purchase
Open-Close Data on a subscription basis (monthly or annually) or by ad
hoc request for a specified month (e.g., request for Intraday Open-
Close Data for month of January 2022).
    Open-Close Data is subject to direct competition from similar end-
of-day and intraday options trading summaries offered by several other
options exchanges.\4\ All of these exchanges offer essentially the same
end-of-day and intraday options trading summary information.
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    \4\ These substitute products are: Nasdaq PHLX Options Trade
Outline, Nasdaq Options Trade Outline, ISE Trade Profile, GEMX Trade
Profile data; open-close data from C2, BZX, and EDGX; and Open Close
Reports from MIAX Options, Pearl, and Emerald.
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Free Trial
    The Exchange first seeks to adopt a free trial for historical ad
hoc requests for Intraday Open-Close Data for new purchasers.
Currently, ad hoc requests for historical Intraday Open-Close Data are
available to all customers at the same price and in the same manner.
The current charge for this historical Intraday Open-Close Data
covering all of the Exchange's securities (Equities, Indexes & ETF's)
is $1,000 per month. The Exchange now proposes to adopt a free trial
available during the months of May, June and July 2022 to provide a
total up to three (3) historical months of Intraday Open-Close Data to
any TPH or non-TPH that has not previously subscribed to this
offering.\5\ The Exchange notes that it previously offered this free
trial period last year for the months of June and July 2021.\6\ The
Exchange believes bringing back the proposed trial will again serve as
an incentive for new users who have never purchased Intraday Open-Close
historical data to start purchasing Intraday Open-Close historical
data. Particularly, the Exchange believes it will give potential
subscribers the ability to use and test the data offering before
signing up for additional months. The Exchange also notes another
exchange offers a free trial for new subscribers of a similar data
product.\7\ Lastly, the purchase of Intraday Open-Close historical data
is discretionary and not compulsory.
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    \5\ For example, if a TPH or non-TPH that has never made an ad-
hoc request for a specified month of Intraday Open-Close historical
data wishes to purchase Intraday Open-Close Data for the months of
January, February and March 2022 during the month of June 2022, the
historical files for those months would be provided free of charge.
If a new user wishes to purchase Intraday Open-Close historical data
for the months of January, February, March and April 2022 during the
month of June 2022, then the data for January, February and March
2022 would be provided free of charge, and the new user would be
charged $1,000 for the April 2022 historical file.
    \6\ The Exchange notes it inadvertently never eliminated the
obsolete rule text language from the Fees Schedule. The Exchange
proposes to update the text to conform to the proposed fee change.
    \7\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A.,
Nasdaq ISE Open/Close Trade Profile End of Day.
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Academic Discount
    The Exchange next proposes to amend its current academic discount
for ad-hoc requests of historical months of EOD Open-Close Data.
Currently, the Exchange charges qualifying academic purchasers $1,500
per year for the first year (instead of $7,200 for each of the first
four years of data and $3,600 for data the fifth year and on) for
historical EOD Open-Close Data and $3,000 per year for the first year
(instead of $12,000 per year) for historical Intraday Open-Close Data.
With respect to historical Intraday Open-Close Data, additional months
after the first year may be purchased separately and will be assessed
$250 per month (which is the prorated amount based on the yearly $3,000
rate). Although the Exchange permits additional months after the first
year to be purchased separately for Intraday Open-Close Data, EOD Open-
Close Data may only be purchased by year. The Exchange proposes to
adopt similar flexibility with respect to EOD Open-Close Data and allow
qualifying academic purchasers to be charged $1,500 per year for the
first year and $125 per month for each additional month thereafter
(which is the prorated monthly amount based on the yearly $1,500 rate).
The Exchange notes that its affiliated exchanges similarly allow
qualifying academic purchasers to purchase additional months after the
first year separately for both Intraday and EOD Open-Close.\8\ The
Exchange is not proposing any other changes to the Academic Discount
program.
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    \8\ See Cboe C2 Options Exchange Fees Schedule, Open-Close Data;
Cboe EDGX options Exchange Fees Schedule, Open-Close Data; and Cboe
BZX Options Exchange Fees Schedule, Open-Close Data.
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External Distribution of Derived Data
    The external distribution of Open-Close Data or any product derived
from such data is not currently permitted. The Exchange proposes to
remove that prohibition and allow vendors to distribute ``Derived
Data'' based on Open-Close Data. ``Derived Data'' is pricing data or
other data that (i) is created in whole or in part from Exchange Data,
(ii) is not an index or financial product, and (iii) cannot be readily
reverse-engineered to recreate Exchange Data or used to create other
data that is a reasonable facsimile or substitute for Exchange Data.\9\
Derived Data may be created by Distributors for a number of different
purposes, as determined by the Distributor. The Exchange believes
allowing market data vendors to identify, develop, and sell derived
market data products, enables them to harness the power of the
competitive marketplace to promote innovation.
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    \9\ ``Derived Data'' is not currently a defined term in the Cboe
Fees Schedule. The Exchange proposes to add the definition to the
Notes section of the LiveVol Fees table for clarity.
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    The Exchange proposes to adopt a fee of $5,000 per month to allow
the unlimited external distribution of Derived Data from Open-Close
Data.\10\ The fee charged to distribute the Derived Data will be
constrained by potential competition, as any exchange with an options
trading product would be able to submit an immediately-effective fee
filing to allow redistribution, most likely without needing to modify
the underlying product in any way, thereby subjecting the proposed fee
to market competition. Moreover, the Exchange notes at least one other
Exchange currently allows, and charges for, external distribution of
derived data based on similar open-close data.\11\
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    \10\ The External Distribution Fee for Derived Open-Close Data
will be in addition to fees for the underlying data. For example,
external distribution of data derived from the Intraday product will
be $2,000 per month (the monthly subscription fee), plus the
proposed $5,000 per month External Distribution fee.
    \11\ See Nasdaq PHLX, Options 7 Pricing Schedule, Photo
Historical Data, External Distribution.

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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.\12\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \13\ 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) \14\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
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    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. The Exchange believes the proposed fee
changes will further broaden the availability of U.S. option market
data to investors consistent with the principles of Regulation NMS.
Open-Close Data is designed to help investors understand underlying
market trends to improve the quality of investment decisions. Indeed,
subscribers to the data may be able to enhance their ability to analyze
option trade and volume data and create and test trading models and
analytical strategies. The Exchange believes Open-Close Data provides a
valuable tool that subscribers can use to gain comprehensive insight
into the trading activity in a particular series, but also emphasizes
such data is not necessary for trading and as noted above, is entirely
optional. Moreover, several other exchanges offer a similar data
product which offer same type of data content through end-of-day or
intraday reports.\15\
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    \15\ See supra note 4.
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    The Exchange also operates in a highly competitive environment.
Indeed, there are currently 16 registered options exchanges that trade
options. Based on publicly available information, no single options
exchange has more than 16% of the market share.\16\ The Commission has
repeatedly expressed its preference for competition over regulatory
intervention in determining prices, products, and services in the
securities markets. Particularly, in Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \17\ Making similar data products available to
market participants fosters competition in the marketplace, and
constrains the ability of exchanges to charge supracompetitive [sic]
fees. In the event that a market participant views one exchange's data
product as more or less attractive than the competition they can and do
switch between similar products. The proposed fees are a result of the
competitive environment, as the Exchange seeks to adopt fees to attract
purchasers of historical Intraday Open-Close Data, Academic purchasers
of historical EOD Open-Close Data, as well as attract Distributors for
derived data of its Open-Close Data.
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    \16\ See Cboe Global Markets U.S. Options Market Month-to-Date
Volume Summary (April 29, 2022), available at https://markets.cboe.com/us/options/market_statistics/.
    \17\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    The Exchange believes that the proposed free trial for any TPH or
non-TPH who has not previously purchased Intraday Open-Close historical
data is reasonable because such users would not be subject to fees for
up to 3 months' worth of Intraday Open-Close historical data. The
Exchange believes the proposed free trial is also reasonable as it will
give potential subscribers the ability to use and test the Intraday
Open-Close historical data prior to purchasing additional months and
will therefore encourage and promote new users to purchase the Intraday
Open-Close historical data. The Exchange believes that the proposed
discount is equitable and not unfairly discriminatory because it will
apply equally to all TPHs and non-TPHs who have not previously
purchased Intraday Open-Close historical data. Also as noted above,
another exchange offers a free trial to new users for a similar data
product \18\ and the Exchange itself previously offered a similar free
trial.\19\ Lastly, the purchase of this data product is discretionary
and not compulsory.
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    \18\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A.,
Nasdaq ISE Open/Close Trade Profile End of Day.
    \19\ See Securities Exchange Act Release No. 92169 (June 14,
2021), 86 FR 33446 (June 24, 2021) (SR-CBOE-2021-038).
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    The Exchange believes that the proposed change to the discount for
qualifying academic purchasers of the ad hoc historical EOD Open-Close
Data is also reasonable as it merely provides further flexibility to
purchase additional months separately after the first year purchased at
a prorated rate of the yearly rate. As noted above, qualifying academic
purchasers can already purchase additional months separately for
Intraday Open-Close Data. Additionally, the Exchange's affiliate
exchanges also provide this flexibility for both their respective EOD
and Intraday Open-Close Data products.\20\
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    \20\ See Cboe C2 Options Exchange Fees Schedule, Open-Close
Data; Cboe EDGX options Exchange Fees Schedule, Open-Close Data; and
Cboe BZX Options Exchange Fees Schedule, Open-Close Data.
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    Next, the Exchange notes that the proposal to allow the external
distribution of derived data is subject to competition as discussed
above, and also introduces a new category of market participant for
Open-Close Data--market data vendors--into the equation. Currently,
Open-Close data is not available for redistribution, in either native
form or through Derived Data. This proposal will create a new market
for the sale of Derived Data from the Exchange's Open-Close Data
products to the general investing public. This is itself evidence of
the competitive environment for Open-Close and its substitutes, as it
is exactly the type of innovation one would expect to see in a
competitive market. It will also spur further innovation by challenging
market data vendors to create new and innovative Derived Data products.
Any exchange that wishes to allow distribution of a Derived Data
product based on options trading information would be able to do so
with an immediately effective fee filing similar to this proposal, most
likely without requiring any technological enhancement to the
underlying product. Indeed, as discussed, another Exchange already
allows, and charges for, external distribution of derived data based on
similar open-close data.\21\
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    \21\ See Nasdaq PHLX, Options 7 Pricing Schedule, Photo
Historical Data, External Distribution.

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    Allowing the redistribution of Derived Data, but not the underlying
information, to the general investing public is an equitable allocation
of reasonable dues, fees and other charges because it is the most
efficient mechanism for widespread delivery of market sentiment
information. The proposal is designed to promote the dissemination of a
variety of analytical insights--previously available only to investment
banks, market makers, asset managers and other buy-side investors--to
the general investing public by creating an incentive for market data
vendors to identify, develop, and sell such indicators. Ordinarily,
neither exchanges nor vendors allow redistribution of analytic
products--such products are typically designed solely for the use of
direct customers, not for redistribution to the customers of customers
in the manner of a data feed. Allowing the redistribution of Derived
Data provides an incentive for vendors to innovate with new compelling
and varied analytic products for the general investing public that will
provide broader access to market sentiment insights currently available
only to sophisticated investors.
    The Exchange believes that the proposed fee for the external
distribution of Derived Data from Open-Close Data is reasonable because
the rate is the same as the amount charged by another exchange that
also allows, and charges for, external distribution of derived data
from similar open-close products.\22\ Furthermore, the proposed fee
will only apply to Distributors that elect to distribute Derived Data
from Open-Close Data and as discussed, Open-Close Data, and Derived
Data therefrom, is purchased on a voluntary basis, in that neither the
Exchange nor market data distributors are required by any rule or
regulation to make this data available. Accordingly, Distributors can
discontinue use at any time and for any reason, including due to an
assessment of the reasonableness of fees charged. Firms have a wide
variety of alternative market data products from which to choose, such
as similar proprietary data products offered by other exchanges.
Moreover, the Exchange is not required to make any proprietary data
products available or to offer any specific pricing alternatives to any
customers. While the Exchange has no way of predicting with certainty
the impact of the proposed changes, it anticipates at least two
Distributors will create Derived Data from Open-Close Data. Also, while
the Exchange does not have a precise estimate of the number of
individuals expected to benefit, which will ultimately depend on the
usefulness of the Derived Data products that reach the market it
expects this to be a popular product that may benefit thousands of
investors.
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    \22\ Id.
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    The Exchange also believes it is reasonable, equitable and not
unfairly discriminatory to charge an external distributor of Derived
Data a $5,000 fee as vendors will ordinarily charge a fee to their
downstream customers for this service, and, even if the vendor is not
charging a specific fee for this particular service, the Exchange
expects Derived Data products from Open-Close Data to be part of a
suite of offerings from distributors that generally promote sales.
External distribution is also fundamentally different than internal
use, in that the former generates revenue from external sales while the
latter does not. Therefore, the Exchange believes it is reasonable,
equitable and not unfairly discriminatory to charge a fee for a product
that generates downstream revenue. Further, the proposed fee will apply
equally to all distributors that choose to distribute Derived Data from
Open-Close Data.
    Additionally, the Exchange does not believe it is unfair
discrimination to allow the redistribution of Derived Data, but not the
underlying information, to the general investing public. As explained
above, neither exchanges nor vendors ordinarily allow redistribution of
analytic products--such products are typically designed solely for the
use of direct customers, not for redistribution to the customers of
customers in the manner of a data feed. Allowing the redistribution of
Derived Data provides an incentive for vendors to innovate with new
compelling and varied analytic products for the general investing
public that will provide access to market sentiment insights currently
available only to sophisticated investors. This proposal is therefore
not unfair discrimination, but rather allows for more equitable access
to market sentiment information to the general investing public.

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. The Exchange operates in a
highly competitive environment in which the Exchange must continually
adjust its fees to remain competitive. Because competitors are free to
modify their own fees in response, the Exchange believes that the
degree to which fee changes in this market may impose any burden on
competition is extremely limited.
    As discussed above, Open-Close Data is subject to direct
competition from several other options exchanges that offer substitutes
to Open-Close. Moreover, purchase of Open-Close is optional. It is
designed to help investors understand underlying market trends to
improve the quality of investment decisions, but is not necessary to
execute a trade.
    The proposed rule changes are grounded in the Exchange's efforts to
compete more effectively. The Exchange is proposing to broaden
distribution of Open-Close information beyond investment banks, market
makers, asset managers and other buy-side investors to market data
vendors and the general investing public, and to provide a free trial
for market participants to test investment strategies and trading
models, and develop market sentiment indicators. These changes will not
cause any unnecessary or inappropriate burden on intermarket
competition, but rather will promote competition by expanding the
market for Open-Close data and encouraging new market participants to
investigate the product. Other exchanges are, of course, free to match
these changes or undertake other competitive responses, enhancing
overall competition.
    The proposed rule changes will not cause any unnecessary or
inappropriate burden on intramarket competition. Particularly, the
proposed fee applies uniformly to any Distributor, in that it does not
differentiate between distributors that choose to distribute Derived
Open-Close Data. Additionally, the Exchange believes it will foster
competition by expanding dissemination of data to vendors and the
general investing public, and by encouraging more market participants
to use Open-Close data to help inform their investments strategies and
analytic models. Lastly, the proposed fee will only apply to
Distributors that elect to distribute Derived Data from Open-Close Data
and as discussed, Open-Close Data, and Derived Data therefrom, is
purchased on a voluntary basis.

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 is effective upon filing pursuant to
Section 19(b)(3)(A) \23\ of the Act and subparagraph (f)(2) of Rule
19b-4 \24\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 shall institute proceedings under
Section 19(b)(2)(B) \25\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \25\ 15 U.S.C. 78s(b)(2)(B).
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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 protected]. Please include
File Number SR-CBOE-2022-023 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-2022-023. 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 website (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 website 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-2022-023 and should be
submitted on or before June 9, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-10738 Filed 5-18-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 45 (Friday, March 7, 2014)]
[Rules and Regulations]
[Pages 12937-12938]
[FR Doc No: 2014-04902]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 11

[Docket No. FAA-2008-0677; Amdt. No. 11-56]
RIN 2120-AJ00

Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: On November 12, 2013, the FAA published a final rule entitled
``Qualification, Service and Use of Crewmembers and Aircraft
Dispatchers'' which will result in new information collection
requirements. This technical amendment updates the FAA's list of OMB
control numbers to display the control number associated with the
approved information collection activities in the ``Qualification,
Service and Use of Crewmembers and Aircraft Dispatchers'' final rule.

DATES: Effective March 12, 2014.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Nancy Lauck Claussen, Air Transportation Division,
AFS-200, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>For legal questions concerning this action,
contact Sara Mikolop, Office of the Chief Counsel--International Law,
Legislation, and Regulations Division, AGC-200, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On November 12, 2013, the FAA published a final rule entitled
``Qualification, Service and Use of Crewmembers and Aircraft
Dispatchers'' (78 FR 67800). This final rule revises the training
requirements for pilots in air carrier operations. The regulations
enhance air carrier pilot training programs by emphasizing the
development of pilots' manual handling skills and adding safety-
critical tasks such as recovery from stall and upset. The final rule
also requires enhanced runway safety training and pilot monitoring
training to be incorporated into existing requirements for scenario-
based flight training and requires air carriers to implement remedial
training programs for pilots. The FAA expects these changes to
contribute to a reduction in aviation accidents. Additionally, the
final rule revises recordkeeping requirements for communications
between the flightcrew and dispatch; ensures that personnel identified
as flight attendants have completed flight attendant training and
qualification requirements; provides civil enforcement authority for
making fraudulent statements; and, provides a number of conforming and
technical changes to existing air carrier crewmember training and
qualification requirements. The final rule also includes provisions
that provide opportunities for air carriers to modify training program
requirements for flightcrew members when the air carrier operates
multiple aircraft types with similar design and flight handling
characteristics.
    This final rule will result in new information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA submitted these information collection
amendments to OMB for its review.
    On January 9, 2014, OMB approved the information collection
request. The OMB control number is 2120-0739.

Technical Amendment

    The FAA lists OMB control numbers assigned to its information
collection activities in 14 CFR 11.201(b). Accordingly, this technical
amendment updates 14 CFR 11.201(b) to display OMB control number 2120-
0739 associated with the information collection activities in the final
rule, Qualification, Service and Use of Crewmembers and Aircraft
Dispatchers. See 78 FR 67800.
    Because this amendment is technical in nature and results in no
substantive change, the FAA finds that the notice and public procedures
under 5 U.S.C. 553(b) are unnecessary. For the same reason, the FAA
finds good cause exists under 5 U.S.C. 553(d)(3) to make the amendment
effective in less than 30 days.

List of Subjects in 14 CFR Part 11

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

The Amendment

    In consideration of the foregoing the Federal Aviation
Administration amends Chapter I of Title 14 Code of Federal Regulations
as follows:

PART 11--GENERAL RULEMAKING PROCEDURES

0
1. The authority citation for part 11 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40109,
40113, 44110, 44502, 44701-44702, 44711, and 46102.

0
2. In Sec.  11.201 in paragraph (b), revise the entry to Part 121 to
read as follows:

Sec.  11.201  Office of Management and Budget (OMB) control numbers
assigned under the Paperwork Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
 14 CFR part or section identified and
               described                    Current OMB control number
------------------------------------------------------------------------

                              * * * * * * *
Part 121...............................  2120-0008, 2120-0028, 2120-
                                          0535, 2120-0571, 2120-0600,
                                          2120-0606, 2120-0614, 2120-
                                          0616, 2120-0631, 2120-0651,
                                          2120-0653, 2120-0691, 2120-
                                          0702, 2120-0739

                              * * * * * * *
------------------------------------------------------------------------

    Issued in Washington, DC, under the authority provided by 49
U.S.C. 106(f) and 44701(a) on February 28, 2014.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2014-04902 Filed 3-6-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53196-53197]
[FR Doc No: 2012-21513]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2514-000]

Susterra Energy, 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 proceeding,
of Susterra Energy, LLC's application for market-based rate authority,
with an accompanying rate schedule, 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 September 17, 2012.
    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 should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the

Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 27, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-21513 Filed 8-30-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Notices]
[Pages 34117-34118]
[FR Doc No: 2013-13377]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4117-DR; Docket ID FEMA-2013-0001]

Oklahoma; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Oklahoma (FEMA-4117-DR), dated May 18, 2013, and
related determinations.

DATES: Effective Date: May 27, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for

this disaster is closed effective May 27, 2013.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-13377 Filed 6-5-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Page 5621]
[FR Doc No: 2018-02535]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR18-12-000]

BP Products North America, Inc., Trafigura Trading LLC, TCPU Inc.
v. Colonial Pipeline Company; Notice of Complaint

    Take notice that on February 2, 2018, pursuant to sections 1(5), 6,
8, 9, 13, 15 and 16 of the Interstate Commerce Act,\1\ section 1803 of
the Energy Policy Act of 1992,\2\ Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and
Procedure,\3\ and Rules 343.1(a) and 343.2(c) of the Commission's
Procedural Rules Applicable to Oil Pipeline Proceedings,\4\ BP Products
North America, Inc., Trafigura Trading LLC, and TCPU Inc.
(collectively, Joint Complainants) filed a formal complaint against
Colonial Pipeline Company (Respondent) seeking to challenge the
justness and reasonableness of (1) Respondent's cost-based
transportation rates in Tariff F.E.R.C. No. 99.36.0 and predecessor
tariffs; (2) Respondent's market-based rate authority and rates charged
pursuant to that authority; and (3) Respondent's charges relating to
product loss allocation and transmix, all as more fully explained in
the complaint.
---------------------------------------------------------------------------

    \1\ 49 U.S.C. App. 1(5), 6, 8, 9, 13, 15 and 16.
    \2\ Public Law 102-486, 106 Stat. 2772 (1992).
    \3\ 18 CFR 385.206 (2012).
    \4\ 18 CFR 343.1(a) and 343.2(c).
---------------------------------------------------------------------------

    Joint Complainants certify that copies of the complaint were served
on the contacts for Respondent as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email [email protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on March 5, 2018.

    Dated: February 2, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-02535 Filed 2-7-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 27, 2007 (Volume 72, Number 38)]
[Notices]
[Page 8827-8828]
[DOCID:fr27fe07-153]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55312; File No. SR-NYSEArca-2007-16]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Size- Quote Pilot Program

February 16, 2007.
    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 February 14, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
substantially have been prepared substantially by NYSE Arca. NYSE Arca
has designated the proposed rule change as one constituting a non-
controversial rule change under Section 19(b)(3)(A)(iii) of the Act \3\
and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca, Inc. is proposing to amend its rules in order to restore
certain rule text to Rule 6.47 regarding the Size Quote Pilot Program
(``Pilot Program'') and to extend the Pilot Program, for a one-year
period ending February 15, 2008. The text of the proposed rule change
is available at (http://www.nyse.com), NYSE Arca, and 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, NYSE Arca 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. NYSE Arca 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 restore rule text that was
inadvertently deleted from NYSEArca Rule 6.47(f) and to extend, for a
one year period, the Exchange's Size Quote Pilot Program. The Pilot
Program was initially established when the Exchange filed SR-PCX-2005-
35.\5\ The Pilot Program was extended when the Exchange filed PCX-06-
09,\6\ and was set to expire on February 15, 2007.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 51576 (April 19,
2005), 70 FR 21488 (April 26, 2005).
    \6\ See Securities Exchange Act Release No. 53315 (February 15,
2006), 71 FR 9406 (February 23, 2006).
---------------------------------------------------------------------------

    The rule text relating to the Size- Quote Pilot Program was
mistakenly deleted from the Rules of NYSE Arca when the Exchange
proposed, and subsequently received approval for SR-NYSEArca 2006-
13.\7\ Due to an oversight on behalf of Exchange staff, certain
sections of established rule text, that the Exchange intended to keep
in the Rules, were inadvertently deleted by the filing. The Exchange
now proposes to restore the rule text covering the Pilot Program.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 54238 (July 28,
2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13) (approval
of OX trading rules).
    See also telephone conversation between Glenn Gsell, Director,
NYSE Arca, Ira Brandriss, Special Counsel, Division of Market
Regulation (``Division''), Commission, and Jennifer Dodd, Special
Counsel, Division, Commission, on February 15, 2007.
---------------------------------------------------------------------------

    The Exchange has represented that at the completion of the Pilot
Program, NYSE Arca would provide to the Commission a report summarizing
the effectiveness of the Size Quote program. While the Exchange
believes that the Size Quote Mechanism can be an effective tool for
Floor Brokers to use while executing large size orders in

open outcry, the mechanism has not been used frequently enough to
supply sufficient evidence to evaluate the effectiveness of the Pilot
Program. In order to allow for additional time to compile sufficient
evidence as to the effectiveness of the Pilot Program, NYSE Arca
proposes to extend the Pilot Program for an additional one-year period
ending February 15, 2008. At the end of the extended Pilot Program, the
Exchange believes it will be able supply the Commission with a report
summarizing the effectiveness of the program.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(5),\9\ in particular, in that it is designed
to facilitate transactions in securities, to promote just and equitable
principles of trade, and to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
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 \10\ and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6) also requires the
self-regulatory organization to give the Commission 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. NYSE
Arca has satisfied the five-day pre-filing requirement.
---------------------------------------------------------------------------

    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.
    NYSE Arca has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest because the proposal raises no new regulatory issues
and will merely allow the Exchange more time to assess the
effectiveness of the Pilot Program. Accordingly, the Commission
designates the proposal to be effective and operative upon filing with
the Commission.\12\
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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-NYSEArca-2007-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSEArca-2007-16.
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 inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NYSE Arca. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2007-16 and should be submitted on or before
March 20, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3286 Filed 2-26-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Page 15473]
[FR Doc No: 2021-05933]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Part 284
Natural Gas Pipeline Rate filings:

    Docket Number: PR21-38-000.
    Applicants: Worsham-Steed Gas Storage, LLC.
    Description: Tariff filing per 284.123(b),(e)/: Notice of Non-
Material Change in Ownership.
    Filed Date: 3/12/2021.
    Accession Number:<PHONE_NUMBER>63.
    Comments/Protests Due: 5 p.m. ET 4/2/2021.

    Docket Number: PR21-39-000.
    Applicants: Hill-Lake Gas Storage, LLC.
    Description: Tariff filing per 284.123(b),(e)/: Notice of Non-
Material Change in Ownership.
    Filed Date: 3/12/2021.
    Accession Number:<PHONE_NUMBER>64.
    Comments/Protests Due: 5 p.m. ET 4/2/2021

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 17, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-05933 Filed 3-22-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42963-42964]
[FR Doc No: 2019-17681]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86643; File No. SR-NYSEArca-2019-04]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change
Amending NYSE Arca Rule 5.2-E(j)(3) To Adopt Generic Listing Standards
for Investment Company Units Based on an Index of Municipal Bond
Securities

August 13, 2019.
    On February 8, 2019, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend NYSE Arca Rule 5.2-E(j)(3) to adopt
generic listing standards for Investment Company Units based on an
index or portfolio of municipal securities. The proposed rule change
was published for comment in the Federal Register on February 27,
2019.\3\ On April 9, 2019, pursuant to Section 19(b)(2) of the Act,\4\
the Commission

designated a longer period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether to disapprove the proposed rule change.\5\ On May
28, 2019, the Commission instituted proceedings under Section
19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.\7\ The Commission has received no
comment letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85170 (Feb. 21,
2019), 84 FR 6451.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 85573, 84 FR 15239
(Apr. 15, 2019).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 85946, 84 FR 25599
(June 3, 2019). Specifically, the Commission instituted proceedings
to allow for additional analysis of the proposed rule change's
consistency with Section 6(b)(5) of the Act, which requires, among
other things, that the rules of a national securities exchange be
``designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade,'' and
``to protect investors and the public interest.'' See id. at 25602
(citing 15 U.S.C. 78f(b)(5)).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \8\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The date
of publication of notice of filing of the proposed rule change was
February 27, 2019. August 26, 2019, is 180 days from that date, and
October 25, 2019, is 240 days from that date.
---------------------------------------------------------------------------

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

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider this proposed
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\9\ designates October 25, 2019, as the date by which the
Commission shall either approve or disapprove the proposed rule change
(File No. SR-NYSEArca-2019-04).
---------------------------------------------------------------------------

    \9\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-17681 Filed 8-16-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Proposed Rules]
[Page 57215-57216]
[DOCID:fr20se10-11]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0692; Airspace Docket No. 10-AEA-16]

Proposed Establishment of Class E Airspace; Crewe, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E Airspace at Crewe,
VA, to accommodate the additional airspace needed for the Standard
Instrument Approach Procedures (SIAPs) developed for Crewe Municipal
Airport. This action would enhance the safety and airspace management
of Instrument Flight Rules (IFR) operations at the airport.

DATES: 0901 UTC. Comments must be received on or before November 4,
2010.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2010-0692; Airspace Docket No. 10-AEA-16, at the beginning of your
comments. You may also submit and review received comments through the
Internet at  http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2010-0692; Airspace Docket No. 10-AEA-16) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at  http://www.regulations.gov.
    Comments wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2010-0692; Airspace Docket No. 10-AEA-16.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/
publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, room 210, 1701 Columbia Avenue, College Park, Georgia
30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace at Crewe, VA
to provide controlled airspace required to support the SIAPs developed
for Crewe Municipal Airport. Class E airspace extending upward from 700
feet above the surface would be established for the safety and
management of IFR operations.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9U, signed August 18, 2010, and effective September 15,
2010, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical

regulations for which frequent and routine amendments are necessary to
keep them operationally current. 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 will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the 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 proposed 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 proposed regulation is within the scope
of that authority as it would establish Class E airspace at Crewe
Municipal Airport, Crewe, VA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, signed August 18, 2010, effective September 15, 2010,
is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

AEA VA E5 Crewe, VA [NEW]

Crewe Municipal Airport, VA
    (Lat. 37[deg]10'52'' N., long. 78[deg]05'54'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Crewe Municipal Airport.

    Issued in College Park, Georgia, on September 3, 2010.
Myron A. Jenkins,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-23389 Filed 9-17-10; 8:45 am]
BILLING CODE 4910-13-P


32495 Federal Register / Vol. 68, No. 104 / Friday, May 30, 2003 / Notices Inc., 111 Kelser Mill Road, Salem, VA 24153, had submitted an application to register the pesticide product, Novozymes Biofungicide Green Releaf TM 710 140, a biological fungicide ( EPA File Symbol 70127   E), containing Bacillus licheniformis Strain SB3086 at 0.14%. This product was not previously registered. The application was approved on February 4, 2003, as Novozymes Biofungicide Green ReleafTM 710 140 ( EPA Registration Number 70127   2) for fungicidal treatment of ornamental turf, lawns, golf courses, ornamental plants, conifers and tree seedlings in outdoor, greenhouse, and nursery sites. The active ingredients registered for this product are Bacillus licheniformis Strain SB3086 at 0.14% and Indole 3 butyric Acid at 0.00096%. 3. EPA issued a notice, published in the Federal Register of December 31, 2001 ( 66 FR 67520) ( FRL   6813   7), which announced that Gustafson LLC, 1400 Preston Road, Suite 400, Plano, TX 75093, had submitted applications to register the following two pesticide products GB34 Concentrate Biological Fungicide, fungicide ( EPA File Symbol 7501   ROR) and GB34 Technical Biological Fungicide ( EPA File Symbol 7501   ROE), containing Bacillus pumilus GB34 at 0.28% and 13.8%, respectively. These products were not previously registered. The applications were approved on March 13, 2003, as GB34 Concentrate Biological Fungicide ( EPA Registration Number 7501   191); for use as a treatment for soybeans for suppression of root diseases caused by Rhizoctonia and Fusarium and GB34 Technical Biological Fungicide ( EPA Registration Number 7501   192) for reformulating into end use fungicide products.

List of Subjects Environmental protection, Chemicals, Pesticides and pests.

Dated: May 15, 2003.

Phil Hutton,

Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

[ FR Doc. 03   13437 Filed 5   29   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0122; FRL   7304   6]

Fenthion; Notice of Receipt of Request to Voluntarily Cancel Certain Pesticide Registrations AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In accordance with section 6( f)( 1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended, EPA is issuing a notice of receipt of request by Bayer Environmental Science to voluntarily cancel the registrations for all of their products containing O, O dimethyl O( 4 methylthio) m tolyl) phosphorothioate ( fenthion). EPA intends to grant this request by issuing a cancellation order at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of this request. It is EPA's intent that the effective date of the cancellation order, as requested by Bayer, will be June 30, 2004. Upon the effective date of the cancellation order, any distribution or sale of products listed in this notice will be prohibited as of June 30, 2004, except for return of unused portions to Bayer or for proper disposal. EPA expects use of products listed in this notice will be permitted until November 30, 2004. Any such use must be in accordance with the label. Bayer has submitted, and EPA intends to approve, label amendments intended to further mitigate the risks of fenthion. Because Bayer has requested cancellation of the registrations of all of its fenthion products, Bayer is not required to satisfy the data requirements in any of the Agency's Data Call Ins, including the Developmental Neurotoxicity Data Call In. DATES: Comments on the requested registration cancellations must be submitted to the address provided below and identified by docket ID number OPP   2003   0122. Comments must be received on or before July 29, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or by hand delivery or courier. Please follow the detailed instructions for each method as provided in Unit I. C. of the SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPP   2003   0122 in the subject line on the first page of your response. FOR FURTHER INFORMATION CONTACT: Susan Jennings, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 706) 355   8574; e mail address: jennings. susan@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. Although this action may be of particular interest to persons who produce or use pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the information in this notice, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0122. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. EPA also established two dockets containing documents in support of the fenthion IRED. They are dockets OPP   34145 and OPP   34145A. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public VerDate Jan< 31> 2003 19: 12 May 29, 2003 Jkt 200001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 30MYN1. SGM 30MYN1 32496 Federal Register / Vol. 68, No. 104 / Friday, May 30, 2003 / Notices docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0122. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2003   0122. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2003   0122. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP   2003   0122. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, 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 CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any 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 and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

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

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Make sure to submit your comments by the deadline in this notice. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. What Action is the Agency Taking?

This notice announces receipt by the Agency of a request from Bayer Environmental Science to cancel two pesticide products registered under section 3 of FIFRA. These registrations are listed by registration number in Table 1. Additionally, there are four section 24( c) registrations, which the Agency intends to address in a separate action.

A. Background Information Fenthion is an organophosphorous insecticide used to control adult mosquitos in Florida. In a letter dated March 31, 2003, Bayer Environmental Science requested a voluntary cancellation of all their registrations for products containing fenthion, to be effective June 30, 2004. Bayer stated that this decision was based on the fact that the market for this product is very limited, in addition to the expected costs for generating data to meet the requirements mandated by the FIFRA reregistration process. Bayer has requested that distribution and sale of fenthion be prohibited after VerDate Jan< 31> 2003 19: 12 May 29, 2003 Jkt 200001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 30MYN1. SGM 30MYN1 32497 Federal Register / Vol. 68, No. 104 / Friday, May 30, 2003 / Notices June 30, 2004. The Agency intends to announce this in a cancellation order following the comment period, unless substantive comments warrant the Agency's further review of this request. Use of fenthion will be prohibited after November 30, 2004. All unopened material may be returned to Bayer Environmental Science until December 31, 2004. B. Requests for Voluntary Cancellation Under section 6( f)( 1)( A) of FIFRA, registrants may request, at any time, that their pesticide registrations be canceled or amended to terminate one or more pesticide uses. Section 6( f)( 1)( B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30   day public comment period on the request for voluntary cancellation. In addition, section 6( f)( 1)( C) of FIFRA requires that EPA provide a 60   day comment period on a request for voluntary termination of any minor agricultural use before granting the request, unless: ( 1) The registrants request a waiver of the comment period, or ( 2) the Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. The registant has requested a waiver of the comment period. The Agency will therefore apply a 60   day comment period.

TABLE 1.   REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION Registration No. Product Name Company 432   1285 Baytex Liquid Concentrate Insecticide Bayer Environmental Science 432   1290 Baytex Technical Insecticide Bayer Environmental Science Unless a request is withdrawn by the registrant within 60 days of publication of this notice, or if the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued canceling all of these registrations. Table 2 of this unit includes the name and address of record for the registrant of the products in Table 1 of this unit.

TABLE 2.   REGISTRANTS REQUESTING VOLUNTARY CANCELLATION EPA Company No. Company Name and Address 432 Bayer Environmental Science, 95 Chestnut Ridge Road, Montvale, NJ 07645 III. What is the Agency's Authority for Taking this Action?

Section 6( f)( 1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register and must accept public comment for a specified time. Thereafter, the Administrator may approve such a request.

IV. Procedures for Withdrawal of Request and Considerations for Reregistration of Fenthion Registrants who choose to withdraw a request for cancellation must submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT, postmarked before July 29, 2003. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6( f)( 1) request listed in this notice. If the product( s) have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. Any person, including the registrant, who wishes to support the continued registration of fenthion, must fulfill all outstanding data gaps. In addition, EPA must find that fenthion is eligible for reregistration. Finally, EPA may have to consult with the U. S. Fish and Wildlife Service under the Endangered Species Act.

V. Provisions for Disposition of Existing Stocks The Agency intends to issue a cancellation order following consideration of all comments received during the comment period, unless the comments warrant further review of this request. Any cancellation order issued in response to this request will have an expected effective date of June 30, 2004. Existing stocks are those stocks of registered pesticide products which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the cancellation action. The Agency intends to grant the request of Bayer that there be no distribution and sale of existing stocks as of the effective date of the cancellation order, June 30, 2004, except for the return to Bayer of unused product or for proper disposal until December 31, 2004. The Agency also intends to grant Bayer's request that the use of fenthion be prohibited as of November 30, 2004. All use of fenthion must be in accordance with the terms and conditions of the product's labeling. List of Subjects Environmental protection, Pesticides and pests.

Dated: April 29, 2003. Lois Ann Rossi, Director, Special Review and Reregistration Division [ FR Doc. 03   13561 Filed 5   29   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0071; FRL   7295   7]

Quinoxyfen; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0071, must be received on or before June 30, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number:

VerDate Jan< 31> 2003 19: 54 May 29, 2003 Jkt 200001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 30MYN1. SGM 30MYN1