[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Rules and Regulations]
[Page 17050-17052]
[DOCID:fr05ap10-8]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 234

[Docket No. DOT-OST-2010-0039]
RIN No. 2105-AE00

Enhancing Airline Passenger Protections: Extension of Compliance
Date for Posting of Flight Delay Data on Web Sites

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Final rule; extension of compliance date.

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

SUMMARY: The Department of Transportation is extending by 60 days,
i.e., until June 29, 2010, the compliance date of the provision in its
final rule entitled ``Enhancing Airline Passenger Protections'' that
requires airlines to publish flight delay information on their Web
sites. This extension is in response to requests by several carrier
associations for an additional 90 days time for airlines to comply with
the requirement to display flight delay data on Web sites in view of
the extensive changes to carriers' reporting systems that are
necessitated by the rule and their contention that completion of these
tasks is not possible by April 29, 2010, the current effective date of
the requirement. The Department agrees that additional time to comply
with the posting of flight delay information on the carriers' Web sites
is warranted to ensure the posting of complete and accurate information
but has determined that 60 days is enough time for the carriers to do
so. Therefore, this final rule extends the compliance date for the
provision in question for an additional 60 days, from April 29, 2010,
to June 29, 2010.

DATES: This amendment further amending the final rule published
December 30, 2009 (74 FR 69002) is effective April 29, 2010.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie or Daeleen M. Chesley,
Office of the Assistant General Counsel for Aviation Enforcement and
Proceedings, U.S. Department of Transportation, 1200 New Jersey Ave.,
SE., Washington, DC 20590,<PHONE_NUMBER> (phone),<PHONE_NUMBER> (fax),
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>(e-mail).

SUPPLEMENTARY INFORMATION: On March 10, 2010, the Department of
Transportation published a notice of

proposed rulemaking (NPRM) in the Federal Register (75 FR 11075)
proposing to extend for 45 days the compliance date of the provision in
its final rule entitled ``Enhancing Airline Passenger Protections,''
issued December 30, 2009, that requires certificated air carriers that
account for at least 1 percent of domestic scheduled passenger revenues
(reporting carriers) to provide certain flight delay data on their Web
sites. Under that provision, a reporting carrier must display on its
Web site flight delay information for each flight it operates and for
each flight its U.S. code-share partners operate for which schedule
information is available. More specifically, the provision requires
that reporting carriers provide on their Web sites the following on-
time performance information: (1) Percentage of arrivals that were on
time--i.e., within 15 minutes of scheduled arrival time; (2) the
percentage of arrivals that were more than 30 minutes late (including
special highlighting if the flight was late more than 50 percent of the
time); and (3) the percentage of flight cancellations if 5 percent or
more of the flight's operations were canceled in the month covered. As
published, the effective date of the rule is April 29, 2010.
    The Department proposed this extension of time in response to
requests by the Air Transport Association of America (ATA), the
Regional Airline Association (RAA) and the Air Carrier Association of
America (ACAA) that the Department of Transportation extend the
compliance date for publishing flight delay information on airlines'
Web sites by 90 days. The carrier associations stated that an
additional 90 days time is needed for airlines to reprogram their
computerized reporting systems and displays. Interested parties can
read the carrier associations' requests to extend the compliance date
in their entirety at DOT-OST-2010-0039. In the NPRM, the Department
tentatively agreed that some extension of time in the compliance date
for publishing flight delay data on airlines' Web sites may be
warranted but was not persuaded that a 90-day extension is justified.

Comments and DOT's Response

    The Department received a total of five comments on the NPRM. Two
were from members of industry and the others came from consumers and
consumer associations. On the consumer side, Flyersrights.org, a
consumer advocacy organization, filed comments, as did two individuals.
As for industry commenters, Flights Stats, a business that provides
flight statistics data, and the Air Transport Association filed
comments.
    Of the individual comments, one states generally that the
Department should not delay the implementation of any of the provisions
in the passenger protection final rule. The second individual notes
that carriers have developed and implemented more complex computer
systems in shorter periods of time, and urges the Department to reject
the ``wholesale request of ATA'' for an extension while supporting the
consideration of individual airlines applying for an extension.
Flyersrights.org, on the other hand, does not oppose the Department
granting the requested extension and states that ``airline passenger
and their airlines share the objective of wanting accurate, verified
information about the timeliness or cancellation rate of flight
operations to be available to passengers.'' The organization notes that
airlines should provide the required information on their Web sites as
soon as accurate information is available to them, even if that is
prior to any new compliance date granted by the Department.
    It is not clear whether or not FlightStats supports the carrier
associations' requests for an extension of the compliance date. It
states that it is ready and able to help carriers fulfill the intention
of the rule as it concerns flight performance data collection,
processing and publishing, and can serve as a third party entity
through which carrier and codeshare data can be secured. FlightStats
also asserts that it can provide flight performance information to
carriers in a form that enables them to easily display the required
data on their Web sites but explains that it cannot assume the
liability associated with data errors or omissions.
    ATA states appreciation for the Department's recognition that
carriers need additional time to comply with this requirement and also
renews its request for a 90-day extension. ATA reiterates its concern
that 45 days is not enough time for carriers to make the changes
necessary to ensure compliance with the additional flight time
disclosure requirements and again notes that compliance with this new
regulation will require work in several company disciplines that must
be completed in succession. Finally, ATA reminds the Department that it
recognized the difficulty in modifying carrier reporting systems and
the importance of ensuring data integrity in allowing longer periods of
time for a carrier to comply with past changes to 14 CFR part 234.
    After fully considering the comments received, the Department has
determined that some extension of time in the compliance date for
publishing flight delay data on airlines' Web sites is warranted. The
Department is also persuaded that carriers need more than a 45-day
extension. As such, the Department is revising 14 CFR 234.11 to extend
the compliance date of sections 234.11(b) and (c) by an additional 60
days until June 29, 2010. We believe this revised compliance date,
which affords carriers a total of 180 days time after issuance of the
rule, provides the airlines adequate time to comply with the
requirement to provide certain flight delay data on their Web sites. As
noted in the NPRM, this extension of time is limited to the portion of
our ``Enhancing Airline Passenger Protections'' rule described above
dealing with publication on carrier Web sites of flight delay data and
the compliance date for the other provisions is April 29, 2010.
    We took a number of factors into consideration in deciding to
extend until June 29, 2010, the compliance date for the requirements
pertaining to publishing delay data on carriers' Web sites. We agree
with Flyersrights.org, a major proponent of passengers' rights, that it
is important that sufficient time be provided to carriers to enable
them to post accurate information on their Web sites. The posting of
flight delay data would not be beneficial to consumers if the carriers
are not able to implement and design their systems to reflect accurate
information. With respect to ATA's assertion that carriers need a 90-
day extension in which to comply with this provision, the Department
notes that at least one company, Flightstats, appears to have much of
the required flight delay data available and states that the data can
be made available to the carriers. Further, by extending the compliance
date for the provision in the rule that requires airlines to publish
detailed flight delay information on their Web site until June 29,
2010, carriers will have more than 80 days time after the original
effective date of the rule to load the required flight delay
information into their internal reservation systems. This is because
the rule requires carriers to upload information into their internal
reservation system between the 20th and 23rd day of the month after the
month for which the information is being provided. By granting the
carriers a 60-day extension in the compliance date of the provision in
question (i.e., until June 29, 2010), carriers will have until between
July 20 and 23, 2010, or at least 81 days after April 29, 2010, to

ensure compliance with the flight time disclosure requirements in the
rule. Taking into consideration all the comments, including the fact
that there are limited objections to ATA's request for an extension of
time, the Department believes this timeline adequately balances the
benefit of having accurate and complete flight delay data available to
consumers with the capability of airlines to comply with the additional
requirements being imposed upon them in a reasonable timeframe.

Regulatory Analyses and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    This final rule is not a significant regulatory action under
Executive Order 12866 and the Department of Transportation's Regulatory
Policies and Procedures. Accordingly, this final rule has not been
reviewed by the Office of Management and Budget (OMB).

B. Regulatory Flexibility Act

    Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5
U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement
and Fairness Act of 1996 (SBREFA), DOT certifies that this final rule
does not have a significant impact on a substantial number of small
entities. The final rule does not impose any duties or obligations on
small entities.

C. Executive Order 13132 (Federalism)

    This Final Rule does not have a substantial direct effect on the
States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and therefore does not have federalism
implications.

D. Executive Order 13084

    This Final Rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because the rule does
not significantly or uniquely affect the communities of the Indian
tribal governments or impose substantial direct compliance costs on
them, the funding and consultation requirements of Executive Order
13084 do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.)
requires that DOT consider the impact of paperwork and other
information collection burdens imposed on the public and, under the
provisions of PRA section 3507(d), obtain approval from the Office of
Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulations. DOT has determined
that there are no new information collection requirements associated
with this final rule. The final rule allows an additional 60 days to
comply with a regulatory provision whose paperwork impact has already
been analyzed by the Department.

F. Unfunded Mandates Reform Act

    The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this Final
Rule.

    Issued this March 30, 2010, in Washington, DC.
Ray LaHood,
Secretary of Transportation.

List of Subjects in 14 CFR Part 234

    Air carriers, Consumer protection, Reporting and recordkeeping
requirements.

0
For the reasons set forth in the preamble, the Department further
amends 14 CFR part 234 as amended in the final rule published December
30, 2009 (74 FR 69002), effective April 29, 2010, as follows:

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

0
1. The authority citation for Part 234 continues to read as follows:

    Authority:  49 U.S.C. 329 and chapters 401 and 417.

0
2. In Sec.  234.11, as amended in the final rule published December 30,
2009 (74 FR 69002), effective April 29, 2010, add paragraph (d) to read
as follows:

Sec.  234.11  Disclosure to consumers.

* * * * *
    (d) A reporting carrier must meet the requirements of paragraphs
(b) and (c) of this section by June 29, 2010.

[FR Doc. 2010-7627 Filed 4-2-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Page 7352]
[FR Doc No: 2019-03758]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-48-000]

Notice of Filing: Prairie Power, Inc.

    Take notice that on February 22, 2019, Prairie Power, Inc. filed a
proposed revenue requirement filing for reactive supply and voltage
control service for its Alsey 6 Peaking Power Facility, under
Midcontinent Independent Transmission System Operator Inc. Tariff
Schedule 2.
    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, 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. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    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_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on March 15, 2019.

    Dated: February 25, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-03758 Filed 3-1-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Rules and Regulations]
[Page 33328-33329]
[DOCID:fr13jy09-4]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-09-0210]

Drawbridge Operation Regulations; Hackensack River, Jersey City,
NJ, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice cancelling temporary deviation from regulations.

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

SUMMARY: The Coast Guard is cancelling the temporary deviation
concerning the operation of the Witt Penn Bridge across the Hackensack
River at mile 3.1, across the Hackensack River, at Jersey City, New
Jersey. A temporary deviation was previously approved for the Lower
Hack

Bridge at mile 3.4 across the Hackensack River and notice of that
temporary deviation was made along with the notice for the Witt Penn
Bridge. This temporary deviation was issued to facilitate bridge
maintenance for the above bridges; however, the maintenance for the
Witt Penn Bridge has been postponed necessitating the early
cancellation of that portion of the temporary deviation. The
maintenance of the Lower Hack Bridge will continue as planned, and the
temporary deviation approved for the Lower Hack Bridge remains in
effect. Once new dates are provided for the maintenance of the Witt
Penn Bridge any new temporary deviation will be published in the
Federal Register.

DATES: The temporary deviation published on April 29, 2009 (74 FR
19421) pertaining to the Witt Penn Bridge across the Hackensack River
at mile 3.1, across the Hackensack River, at Jersey City, New Jersey is
cancelled as of June 23, 2009.

ADDRESSES: The docket for this cancelled deviation is available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to http://www.regulations.gov,
selecting the Advanced Docket Search option on the right side of the
screen, inserting USCG-2009-0210 in the Docket ID box, pressing Enter,
and then clicking on the item in the Docket ID column.

FOR FURTHER INFORMATION CONTACT: Gary Kassof, Project Officer, First
Coast Guard District<EMAIL_ADDRESS>telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On April 29, 2009, we published a temporary deviation entitled
``Drawbridge Operation Regulations; New Jersey'' in the Federal
Register (71 FR 19421). The temporary deviation concerned the Witt Penn
Bridge at mile 3.1, and the Lower Hack Bridge, mile 3.4, both across
the Hackensack River at Jersey City, New Jersey.

Cancellation

    The Coast Guard received an additional request from the bridge
owner of the Witt Penn Bridge, New Jersey Department of Transportation,
on June 10, 2009, requesting the cancellation of the temporary
deviation for the Witt Penn Bridge because the scheduled maintenance
repairs did not begin on schedule due to a contractual dispute.
    The work for the Lower Hack Bridge began on schedule and will
continue through July 22, 2009, as planned.
    The remaining bridge closure time period necessary to complete the
maintenance work for the Lower Hack Bridge remains in effect through
July 22, 2009. If granted, a temporary deviation for the Witt Penn
Bridge covering the revised maintenance work period will be published
under a new temporary deviation in the Federal Register.
    The need to cancel the temporary deviation for the scheduled
maintenance at the Witt Penn Bridge was due to a contractual dispute
which delayed the start date of the bridge maintenance.

    Dated: June 17, 2009.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E9-16397 Filed 7-10-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: September 18, 2009 (Volume 74, Number 180)]
[Rules and Regulations]
[Page 47891-47894]
[DOCID:fr18se09-6]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0813; FRL-8431-5]

Tembotrione; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation revises the tolerances for residues of the
herbicide tembotrione, including its metabolites and degradates, in or
on corn, sweet forage; corn, sweet, stover; and corn, sweet, kernel
plus cob with husks removed. Bayer CropScience requested these
tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective September 18, 2009. Objections and
requests for hearings must be received on or before November 17, 2009,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0813. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT:  Joanne Miller, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to

assist you and others in determining whether this action might apply to
certain entities. If you have any questions regarding the applicability
of this action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing electronically available documents at
http://www.regulations.gov, you may access this Federal Register
document electronically through the EPA Internet under the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr. You may also access
a frequently updated electronic version of EPA's tolerance regulations
at 40 CFR part 180 through the Government Printing Office's e-CFR cite
at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 21 U.S.C. 346a, any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2008-0813 in the subject line on the first
page of your submission. All requests must be in writing, and must be
mailed or delivered to the Hearing Clerk as required by 40 CFR part 178
on or before November 17, 2009.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2008-0813, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Tolerance

    In the Federal Register of December 3, 2008 (73 FR 73651) (FRL-
8391-3), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
8F7452) by Bayer CropScience, 2 T.W. Alexander Drive, Research Triangle
Park, NC 27709. The petition requested that 40 CFR 180.634 be amended
by revising tolerances for combined residues of the herbicide
tembotrione and its metabolites in or on corn, sweet, kernel plus cob
with husks removed from 0.04 to 0.01 parts per million (ppm); corn,
sweet, forage from 1.0 ppm to 0.09 ppm; and corn, sweet, stover from
1.2 ppm to 0.15 ppm. That notice referenced a summary of the petition
prepared by Bayer CropScience, the registrant, which is available to
the public in the docket, http://www.regulations.gov. There were no
comments received in response to the notice of filing.
    Based upon review of the data supporting the petition, EPA has
determined that the proposed tolerances should be revised as follows:
corn, sweet, forage at 0.35 ppm; corn, sweet, stover at 0.60 ppm. EPA
has also determined that the tolerance for corn, sweet, kernel plus cob
with husks removed is acceptable at the proposed level of 0.01 ppm but
that compliance with the tolerance level is to be determined by
measuring only parent tembotrione. The reasons for these changes are
explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for the petitioned-for
tolerances for residues of the herbicide tembotrione and its
metabolites and degradates, in or on corn, sweet, kernel plus cob with
husks removed at 0.01 ppm; corn, sweet, forage at 0.35 ppm; and corn,
sweet, stover at 0.60 ppm. EPA's assessment of exposures and risks
associated with establishing tolerances follows.
    In the Federal Register of September 28, 2007 (72 FR 55078) (FRL-
8148-2) the Agency published a final rule establishing tolerances for
combined residues of tembotrione and its M5 metabolite in or on corn,
sweet, kernel plus cob with husks removed at 0.04 ppm; corn, sweet,
forage at 1.0 ppm; and corn, sweet stover at 1.2 ppm. When the Agency
conducted the risk assessment in support of the September 2007
tolerance action, it considered the use of tembotrione on corn (field
and sweet), incorporating potential residues of tembotrione and its
metabolites in or on corn commodities and secondary residues of
tembotrione in livestock commodities from consumption of treated
feedstuffs, including corn forage. Residues of tembotrione on corn and
livestock commodities were assumed to be present at tolerance levels.
Since EPA considered the residues of tembotrione on corn, sweet, kernel
plus cob with husks removed; corn, sweet, forage; and corn, sweet,
stover at a higher level in its most recent risk assessments, reducing
the tolerances on sweet corn commodities will reduce the estimated
aggregate exposures resulting from use of tembotrione. While it is true
that lowering the tolerances will reduce the estimated exposure to
tembotrione, changes have occurred in toxicology data requirements for
pesticides since the 2007 risk assessment was completed which could
impact the Food Quality Protection Act (FQPA) safety factor (SF) for
tembotrione, currently retained at 10X for acute and chronic dietary
risk assessment. EPA's assessment of the new data requirements as they
relate to the FQPA safety factor for tembotrione is discussed below.
    EPA began requiring acute and subchronic neurotoxicity testing and

functional immunotoxicity testing of all food and non-food use
pesticides on December 26, 2007 (40 CFR part 158 subpart F). Acute and
subchronic neurotoxicity studies in rats, as well as a developmental
neurotoxicity (DNT) study in rats are available for tembotrione and
were considered by EPA in its 2007 aggregate risk assessment and FQPA
safety factor determination. Immunotoxicity data are not available for
tembotrione. In the absence of specific immunotoxicity studies, EPA has
evaluated the available tembotrione toxicity data to determine whether
an additional database uncertainty factor is needed to account for
potential immunotoxicity. The decreased absolute and relative thymus
weights observed in female rats in the subchronic oral toxicity study
were not corroborated with histopathological changes, and there were no
thymus effects in other subchronic, chronic and carcinogenicity studies
in rats. Therefore, the thymus weight changes in this study are
spurious effects and not indicative of immunotoxicity. The increased
incidence of minimal extramedullary hematopoeisis of the spleen in the
rat offspring of the reproduction toxicity study and the anemia seen in
the mice in the carcinogenicity study are indicators of toxicity to the
hematopoietic system and not indicators of frank immunotoxicity. No
other effects on organs of the immune system were seen, and the
toxicity profile clearly indicates the eye, liver and kidneys to be the
target organs for tembotrione-induced toxicity. Additionally,
tembotrione does not belong to a class of chemicals (e.g., the
organotins, heavy metals, or halogenated aromatic hydrocarbons) that
would be expected to be immunotoxic in laboratory animals. Therefore,
the Agency does not believe that conducting immunotoxicity testing will
result in doses lower than those currently used for overall risk
assessments (0.8 milligrams/kilograms/day (mg/kg/day) for acute and
0.04 mg/kg/day for repeated exposures) and an additional uncertainty
factor is not needed to account for potential immunotoxicity. Based on
these considerations, EPA concludes that no uncertainty factors are
required in addition to those used in the 2007 risk assessment for
tembotrione.
    Therefore, based on the risk assessments discussed in the final
rule published in the Federal Register of September 28, 2007, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to tembotrione residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    An Adequate enforcement methodology, liquid chromatography/mass
spectroscopy (LC/MS/MS) method is available to enforce the tolerance
expression. The method may be requested from: Chief, Analytical
Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft.
Meade, MD 20755-5350; telephone number (410) 305-905; e-mail address:
<EMAIL_ADDRESS>
B. International Residue Limits

    There is neither a Codex proposal, nor Canadian or Mexican limits
for residues of tembotrione and its metabolites in or on crops or
livestock commodities.

C. Revisions to Petitioned-For Tolerances

    The submitted data support the following revised tolerances for
residues of tembotrione in or on sweet corn commodities: Corn, sweet,
kernel plus cob with husks removed at 0.01 ppm; corn, sweet, forage at
0.35 ppm; corn, sweet, stover at 0.60 ppm. EPA revised the tolerance
levels for corn, sweet, forage and stover from those proposed by the
registrant based on analyses of the residue field trial data using the
Agency's Tolerance Spreadsheet in accordance with the Agency's Guidance
for Setting Pesticide Tolerances Based on Field Trial Data. There were
no detectable residues of tembotrione in corn, sweet, kernel plus cob
with husks removed; and metabolism data for tembotrione show that while
M5 is a major metabolite in forage and stover, it was present at less
then 1% of the Total Radioactive Residue (TRR) in corn grain. Based on
the results of these field trial and metabolism studies, the tolerance
for corn, sweet, kernel plus cob with husks removed is being
established at the limit of quantitation (0.01 ppm) for tembotrione.
    Tolerances for tembotrione are currently expressed in terms of ``2-
[2-chloro-4-(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy)methyl]benzoyl]-
1,3-cyclohexanedione, and its metabolite, 2-[2-chloro-4-
(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy)methyl]benzoyl]-4,6-
dihydroxy-1,3-cyclohexanedione.'' EPA is revising the tolerance
expression for existing tolerances and the new tolerances on sweet corn
commodities to clarify the chemical moieties that are covered by the
tolerances and specify how compliance with the tolerances is to be
measured. The revised tolerance expression makes clear that the
tolerances cover ``residues of tembotrione, including its metabolites
and degradates,'' and that compliance with the tolerance levels for all
commodities except corn, sweet, kernel plus cob with husks removed,
will be determined by measuring only the sum of tembotrione, 2-[2-
chloro-4-(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy)methyl]benzoyl]-
1,3-cyclohexanedione and its metabolite, 2-[2-chloro-4-
(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy) methyl]benzoyl]-4,6-
dihydroxy-1,3-cyclohexanedione, calculated as the stoichiometric
equivalent of tembotrione. Compliance with the tolerance level for
corn, sweet, kernel plus cob with husks removed will be determined by
measuring only tembotrione.
    EPA has determined that it is reasonable to make this change final
without prior proposal and opportunity for comment, because public
comment is not necessary, in that the change has no substantive effect
on the tolerances, but rather is merely intended to clarify the
existing tolerance expression.

V. Conclusion

    Therefore, tolerances are revised for residues of the herbicide
tembotrione, including its metabolites and degradates, in or on corn,
sweet, kernel plus cob with husks removed at 0.01 ppm; corn, sweet,
forage at 0.35 ppm; and corn, sweet, stover at 0.60 ppm. Compliance
with the tolerance levels specified for corn, sweet, forage and stover
is to be determined by measuring only the sum of tembotrione, 2-[2-
chloro-4-(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy)methyl]benzoyl]-
1,3-cyclohexanedione and its metabolite, 2-[2-chloro-4-
(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy) methyl]benzoyl]-4,6-
dihydroxy-1,3-cyclohexanedione, calculated as the stoichiometric
equivalent of tembotrione, in or on the commodities. Compliance with
tolerance level for corn, sweet, kernel plus cob with husks removed,
will be determined by measuring only tembotrione.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is

not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 8, 2009.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.634 is amended as follows:
    a. By revising the introductory text of paragraph (a) and
redesignating it as paragraph (a)(1).
    b. In the table to newly redesignated paragraph (a)(1) by revising
the entries for corn, sweet, forage, and corn, sweet, stover, and by
removing the entry for corn, sweet, kernel plus cob with husks removed.
    c. By adding paragraph (a)(2).
The revised and added text reads as follows:

Sec.  180.634  Tembotrione; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the
herbicide tembotrione, including its metabolites and degradates, in or
on the commodities listed in the table to this paragraph. Compliance
with the tolerance levels specified below is to be determined by
measuring only the sum of tembotrione, 2-[2-chloro-4-(methylsulfonyl)-
3-[(2,2,2-trifluoroethoxy)methyl]benzoyl]-1,3-cyclohexanedione and its
metabolite, 2-[2-chloro-4-(methylsulfonyl)-3-[(2,2,2-trifluoroethoxy)
methyl]benzoyl]-4,6-dihydroxy-1,3-cyclohexanedione, calculated as the
stoichiometric equivalent of tembotrione, in or on the following
commodities.

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Corn, sweet, forage..................................               0.35
Corn, sweet, stover..................................               0.60
                                * * * * *
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the herbicide
tembotrione, including its metabolites and degradates, in or on the
commodities listed in the table to this paragraph. Compliance with the
tolerance levels specified below is to be determined by measuring only
tembotrione, 2-[2-chloro-4-(methylsulfonyl)-3-[(2,2,2-
trifluoroethoxy)methyl]benzoyl]-1,3-cyclohexanedione in or on the
following commodities.

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Corn, sweet, kernel plus cob with husks removed......               0.01
------------------------------------------------------------------------

* * * * *

[FR Doc. E9-22519 Filed 9-17-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: January 24, 2007 (Volume 72, Number 15)]
[Notices]
[Page 3188]
[DOCID:fr24ja07-97]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55111; File No. SR-Phlx-2006-59]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Order Granting Approval of Proposed Rule Change as Modified by
Amendments No. 1 and 2 Thereto Relating to an Amendment to a
Philadelphia Board of Trade Market Data Distribution Network Fee

January 16, 2007.

I. Introduction

    On September 26, 2006, the Philadelphia Stock Exchange, Inc.
(``Phlx'' 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 proposal to increase a fee assessed by the Exchange's
wholly owned subsidiary, the Philadelphia Board of Trade (``PBOT''), on
market data vendors for certain index values that subscribers receive
over PBOT's Market Data Distribution Network (``MDDN''). The Phlx filed
Amendment No. 1 to the proposed rule change on November 1, 2006 and
filed Amendment No. 2 on December 6, 2006. The proposed rule change, as
amended, was published for comment in the Federal Register on December
13, 2006.\3\ The Commission received no comments regarding the
proposal. This order approves the proposed rule change, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 54890 (December 7,
2006), 71 FR 74975.
---------------------------------------------------------------------------

II. Description of the Proposal

    The Phlx proposes to amend one of the fees charged by the PBOT for
certain market data disseminated over the MDDN.\4\ The Phlx has
licensed the current and closing index values underlying most of the
Phlx's proprietary indexes to PBOT for the purpose of selling,
reproducing, and distributing the index values over PBOT's MDDN. On
each trading day, the Exchange or its third party designee calculates
and makes available to PBOT a real-time index value every 15 seconds
and a closing index value at the end of the day. In exchange for
subscriber fees paid to PBOT, market data vendors are allowed to widely
disseminate this market data for all the values of Phlx's proprietary
indexes to their subscribers.\5\
---------------------------------------------------------------------------

    \4\ The MDDN is an internet protocol multicast network developed
by PBOT and SAVVIS Communications.
    \5\ Approximately 65 vendors, including for example Bloomberg
L.P., Telekurs Financial Information Ltd. and Thomson Financial,
have already entered into such market data agreements with PBOT. The
PBOT has contracted with one or more major Market Data Vendors to
receive real-time and closing index values over the MDDN and
promptly redistribute such values. At least three of the vendors
have elected to offer only the continuous real-time market data and
will not offer snapshot or delayed data. The fees described in this
proposed rule change cover values of all the indexes disseminated
over the MDDN.
---------------------------------------------------------------------------

    As approved by the Commission, the market data fees charged by PBOT
included a $.00025 per request fee for ``snapshot data,'' which is
essentially market data that is refreshed no more frequently than once
every 60 seconds.\6\ The Exchange is now proposing to increase that fee
from $.00025 to $.0025 per request for snapshot data.\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 53790 (May 11,
2006), 71 FR 28738 (May 17, 2006) (``Original Approval Order''). The
subscriber fees are set out in agreements that PBOT executed with
various market data vendors for the right to receive, store, and
retransmit the current and closing index values transmitted over the
MDDN. In its original proposal, the Exchange stated that, under
these vendor agreements PBOT may change any of the fees enumerated
in the agreement by giving the vendor or subvendor advance written
notice of such changes. The Commission conditioned any such fee
change on the submission by Phlx of a proposed rule change under
Section 19(b) of the Act, and approval of such proposal. See 71 FR
at 28740.
    \7\ The Commission notes that all market data vendors which
provide market data to 200,000 or more Devices in any month qualify
for a 15% Administrative Fee credit for that month, to be deducted
from the monthly Subscriber Fees that they collect and are obligated
to pay PBOT under the Vendor/Subvendor Agreement.
---------------------------------------------------------------------------

III. Discussion

    After careful consideration, the Commission finds that the proposed
rule change, as amended, is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to a national
securities exchange \8\ and, in particular, the requirements of Section
6 of the Act.\9\ Specifically, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\10\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission continues to believe that Phlx's proposal is
consistent with Rule 603 under the Act.\11\ In this regard, the
Commission notes that the Exchange represented that PBOT's proposed fee
increase reflects a more accurate valuation of the value of snapshot
data to investors than the original snapshot data fee did, consistent
with Rule 603 under the Act.\12\ The Commission believes that the
proposal is consistent with Section 6(b)(4) of the Act,\13\ in that the
proposed rule change provides for the equitable allocation of
reasonable dues, fees, and other charges among the Exchange's members
and issuers and other persons using its facilities.
---------------------------------------------------------------------------

    \11\ 17 CFR 242.603. See Original Approval Order, 71 FR at
28739, supra note 6, noting that the subscriber fees were consistent
with Rule 603 under the Act.
    \12\ 17 CFR 242.603.
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-Phlx-2006-59), as amended,
is hereby approved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-958 Filed 1-23-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8621-8623]
[FR Doc No: 2022-03138]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94201; File No. SR-CBOE-2022-004]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fees Schedule

February 9, 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 February 1, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Fees Schedule. 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/CBOELegalRegulatoryHome.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 update the
Index License Surcharge fee for transactions in Dow Jones Industrial
Average Index (``DJX'') options and to make certain clarifying and
corrective changes in the Fees Schedule, effective February 1, 2022.
    The Exchange proposes to increase the Index License Surcharge fee
currently applicable to orders executed in DJX options in Rate Table--
Underlying Symbol List A. The Exchange currently assesses an Index
License Surcharge fee of $0.10 per contract for non-Customer orders
executed in DJX options. The proposed rule change increases the Index
License Surcharge fee applicable to orders executed in DJX options from
$0.10 per contract to $0.12 per contract. The Exchange notes that the
Index License Surcharge fee in place for DJX options is designed to
recoup some of the costs associated with the licenses for this
index.\3\ The Exchange has recently renewed its license arrangements
for its DJX index license and, as a result, the proposed rule change
amends the Index License Surcharge fee for DJX options in order to
continue to offset some of the costs associated with the license for
the index in light of the renewal of the license.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Release No. 52851 (November 29,
2005), 70 FR 72480 (December 5, 2005) (SR-CBOE-2005-84).
---------------------------------------------------------------------------

    The proposed rule change also makes certain clarifying and
corrective changes to the Fees Schedule. The proposed rule change
removes language in the Floor Broker Trading Surcharge table related to
the requirement that a Floor Broker Trading Permit Holder submit the
SPX Tier Appointment Fee Exclusion for Multi-Class Broad-Based Index
Spread Transactions Form within three business days of execution of the
applicable spread transaction(s) in order to receive the SPX Surcharge
waiver for Floor Broker Trading Permit Holders who only execute SPX
(including SPXW) options transactions as part of multi-class broad-
based index spread transactions. Manual submission of such form by
Floor Broker Trading Permit Holders is no longer necessary as the
Exchange has automated the process for documenting such transactions
for Floor Broker Trading Permit Holders.
    The proposed rule change makes a clarifying change regarding
Market-Maker Floor Permit Holders that execute contracts in SPX/SPXW in
the Market-Maker Tier Appointment Fees table. Specifically, the
proposed rule change adds that the SPX Surcharge will not be assessed
to a Market-Maker Floor Permit Holder who only executes SPX (including
SPXW) options transactions as part of multi-class broad-based index
spread transactions. In 2019, the Exchange restructured its Fees
Schedule in connection with a technology migration. The SPX Surcharge
waiver provision in connection with Market-Maker Floor Permit Holders
existed in the Fees Schedule prior to its 2019 restructuring; however,
the Exchange inadvertently did not include this waiver provision in the
restructured Fees Schedule. The Exchange notes that the same waiver
provision related to Floor Broker Trading Permit Holders (as

described above) was correctly carried over into the restructured Fees
Schedule upon the technology migration. As such, the proposed rule
change corrects this inadvertent omission and clarifies that the waiver
continues to apply to Market-Maker Floor Permit Holders today.
    The proposed rule change lastly amends footnote 5, which is
appended to the Floor Brokerage Fees table. Currently, footnote 5
provides that floor brokerage fees are charged to the executing broker.
To be eligible for the discounted ``crossed'' rate, the executing
broker acronym and executing firm number must be the same on both the
buy and sell side of an order. The Exchange proposes to update footnote
5 to provide that in order to be eligible for the crossed rate, both
the executing broker acronym and Executing Firm ID (``EFID'') must be
the same on both the buy and sell side of an order. Particularly, upon
the 2019 technology migration, the Exchange adopted (and codified in
its Rulebook) EFIDs, which the System uses to identify the TPH and the
clearing number for the execution of orders and quotes submitted to the
System with that EFID. Indeed, since the 2019 technology migration, the
Exchange's billing system looks for the same executing broker acronym
and EFID to be on both the buy and sell side of an order, in
determining whether an order qualifies for the ``crossed'' rate.
Accordingly, the proposed rule change now updates the reference to
``executing firm number'' in footnote 5 to reflect ``EFID''.
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.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ 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
Section 6(b)(4) of the Act,\6\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to increase the amount
of the Index License Surcharge fee for orders in DJX options as the
proposed increase is consistent with the purpose of such surcharge
fee--it is intended to continue to help recoup some of the costs
associated with the license for DJX index products in light of recently
renewed license arrangements between the Exchange and the DJX index
provider. The proposed Index License Surcharge fee is also equitable
and not unfairly discriminatory because the surcharge fee will continue
to be assessed uniformly for all non-Customer orders in DJX options.
    The Exchange believes the proposed rule changes (1) to remove
language related to the requirement that a Floor Broker Trading Permit
Holder manually submit the SPX Tier Appointment Fee Exclusion for
Multi-Class Broad-Based Index Spread Transactions Form (as the process
is now automated), (2) to correct an inadvertent omission regarding the
SPX Surcharge waiver for Market-Maker Floor Permit Holders that execute
multi-class broad-based index spread transactions in SPX/SPXW and (3)
to reflect an Exchange-defined term in footnote 5, are reasonable,
equitable and not unfairly discriminatory because they do not change
any of the fees or rebates assessed by the Exchange, but rather are
clarifying changes intended to more accurately reflect the Exchange's
current billing processes, thereby increasing transparency in the Fees
Schedule and alleviating any potential investor confusion.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on intramarket or intermarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act. The
Exchange does not believe that the proposed rule change in connection
with the DJX Index License Surcharge fee will impose any burden on
intramarket competition because it applies uniformly to all similarly
situated TPHs in a uniform manner (i.e., to all non-Customer executions
in DJX options). The Exchange does not believe that the proposed change
in connection with the DJX Index License Surcharge fee will impose any
burden on intermarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the proposed
amendment to the DJX Index License Surcharge fee applies only to an
Exchange proprietary product, which is traded exclusively on Cboe
Options and Cboe-affiliated options exchanges. In addition to this, the
Exchange does not believe that the proposed rule changes to remove
language related to an obsolete requirement, to correct an inadvertent
omission, and to reflect a defined term will impose any burden on
intramarket or intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed rule changes merely provide clarifications in the Fees
Schedule that are designed to more accurately reflect current billing
processes, thereby increasing transparency in the Fees Schedule and
reducing potential confusion without having any impact on competition.
    Additionally, the Exchange notes that it operates in a highly
competitive market. TPHs have numerous alternative venues that they may
participate on and direct their order flow, including 15 other options
exchanges, as well as off-exchange venues, where competitive products
are available for trading. Based on publicly available information, no
single options exchange has more than 15% of the market share.\7\
Therefore, no exchange possesses significant pricing power in the
execution of option order flow. Indeed, participants can readily choose
to send their orders to other exchange, and, additionally off-exchange
venues, if they deem fee levels at those other venues to be more
favorable. Moreover, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
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.'' \8\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and

Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\9\ Accordingly, the Exchange does not believe its
proposed fee change imposes any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ See Cboe Global Markets U.S. Options Market Volume Summary,
Month-to-Date (January 26, 2022), available at https://www.cboe.com/us/options/market_statistics/.
    \8\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \9\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and paragraph (f) of Rule 19b-4 \11\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(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 email to [email protected]. Please include
File Number SR-CBOE-2022-004 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-2022-004. 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2022-004 and should be submitted on
or before March 8, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-03138 Filed 2-14-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29807-29808]
[FR Doc No: 2018-13608]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The date of August 28, 2018 has been established for the FIRM
and, where applicable, the supporting FIS report showing the new or
modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at https://msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Hamilton County, Florida and Incorporated Areas
                         Docket No.: FEMA-B-1623
------------------------------------------------------------------------
Town of White Springs..................  Town Hall, 10363 Bridge Street,
                                          White Springs, FL 32096.
Unincorporated Areas of Hamilton County  Hamilton County Building
                                          Department, 204 Northeast 1st
                                          Street, Jasper, FL 32052.
------------------------------------------------------------------------

             Suwannee County, Florida and Incorporated Areas
                         Docket No.: FEMA-B-1623
------------------------------------------------------------------------
Unincorporated Areas of Suwannee County  Suwannee County Planning and
                                          Zoning and Floodplain
                                          Management Department, 224
                                          Pine Avenue Southwest, Live
                                          Oak, FL 32064.
------------------------------------------------------------------------
         Brunswick County, North Carolina and Incorporated Areas
          Docket No.: FEMA-B-1523, FEMA-B-1541 and FEMA-B-1616
------------------------------------------------------------------------
City of Boiling Spring Lakes...........  City Hall, 9 East Boiling
                                          Spring Road, Boiling Spring
                                          Lakes, NC 28461.
City of Northwest......................  Northwest City Hall, 4889
                                          Vernon Road, Leland, NC 28451.
City of Southport......................  City Hall, 1029 North Howe
                                          Street, Southport, NC 28461.
Town of Belville.......................  Town Hall, 497 Olde Waterford
                                          Way, Suite 205, Belville, NC
                                          28451.
Town of Calabash.......................  Town Hall, 882 Persimmon Road,
                                          Calabash, NC 28467.
Town of Carolina Shores................  Town Hall, 200 Persimmon Road,
                                          Carolina Shores, NC 28467.
Town of Caswell Beach..................  Town Hall, 1100 Caswell Beach
                                          Road, Caswell Beach, NC 28465.
Town of Holden Beach...................  Town Hall, 110 Rothschild
                                          Street, Holden Beach, NC
                                          28462.
Town of Leland.........................  Town Hall, 102 Town Hall Drive,
                                          Leland, NC 28451.
Town of Navassa........................  Town Hall, 334 Main Street,
                                          Navassa, NC 28451.
Town of Oak Island.....................  Town Hall, 4601 East Oak Island
                                          Drive, Oak Island, NC 28465.
Town of Ocean Isle Beach...............  Town Hall, 3 West Third Street,
                                          Ocean Isle Beach, NC 28469.
Town of Shallotte......................  Town Hall, 106 Cheers Street,
                                          Shallotte, NC 28470.
Town of St. James......................  St. James Town Hall, 4140A
                                          Southport-Supply Road,
                                          Southport, NC 28461.
Town of Sunset Beach...................  Town Hall, 700 Sunset Boulevard
                                          North, Sunset Beach, NC 28468.
Town of Varnamtown.....................  Varnamtown Town Hall, 100
                                          Varnamtown Road, Supply, NC
                                          28462.
Village of Bald Head Island............  Village Hall, 106 Lighthouse
                                          Wynd, Bald Head Island, NC
                                          28461.
Unincorporated Areas of Brunswick        Brunswick County Government
 County.                                  Complex, 30 Government Center
                                          Drive, Bolivia, NC 28422.
------------------------------------------------------------------------
        New Hanover County, North Carolina and Incorporated Areas
                         Docket No.: FEMA-B-1523
------------------------------------------------------------------------
City of Wilmington.....................  Planning, Development, and
                                          Transportation Department,
                                          Planning Division, 305
                                          Chestnut Street, Wilmington,
                                          NC 28401.
Town of Carolina Beach.................  Town Hall, Planning Department,
                                          1121 North Lake Park
                                          Boulevard, Carolina Beach, NC
                                          28428.
Town of Kure Beach.....................  Town Hall, Building
                                          Inspections, 117 Settlers
                                          Lane, Kure Beach, NC 28449.
Town of Wrightsville Beach.............  Town Hall, Planning and Parks
                                          Department, 321 Causeway
                                          Drive, Wrightsville Beach, NC
                                          28480.
Unincorporated Areas of New Hanover      New Hanover County Development
 County.                                  Services Office, 230
                                          Government Center Drive, Suite
                                          110, Wilmington, NC 28403.
------------------------------------------------------------------------
               Brown County, Texas and Incorporated Areas
                 Docket No.: FEMA-B-1412 and FEMA-B-1709
------------------------------------------------------------------------
City of Bangs..........................  City Hall, 109 South 1st
                                          Street, Bangs, TX 76823.
City of Blanket........................  City Hall, 719 Main Street,
                                          Blanket, TX 76432.
City of Brownwood......................  Engineering Office, 501 Center
                                          Avenue, Brownwood, TX 76801.
City of Early..........................  City Hall, 960 Early Boulevard,
                                          Early, TX 76802.
Unincorporated Areas of Brown County...  Brown County Building
                                          Inspector's Office, 200 South
                                          Broadway Street, Suite 322,
                                          Brownwood, TX 76801.
------------------------------------------------------------------------

[FR Doc. 2018-13608 Filed 6-25-18; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87645-87646]
[FR Doc No: 2016-29043]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79422; File No. 4-533]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the National Market System Plan for the Selection and
Reservation of Securities Symbols To Add Investors Exchange, LLC as a
Party Thereto

November 29, 2016.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on November 4, 2016, Investors Exchange, LLC (``IEX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the National Market System Plan for
the Selection and Reservation of Securities Symbols (``Symbology Plan''
or ``Plan'').\3\ The amendment proposes to add IEX as a party to the
Symbology Plan. The Commission is publishing this notice to solicit
comments on the proposed amendment from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ On November 6, 2008, the Commission approved the Symbology
Plan that was originally proposed by the Chicago Stock Exchange,
Inc. (``CHX''), The Nasdaq Stock Market, Inc. (n/k/a The Nasdaq
Stock Market LLC) (``Nasdaq''), National Association of Securities
Dealers, Inc. (``NASD'') (n/k/a Financial Industry Regulatory
Authority, Inc. (``FINRA'')), National Stock Exchange, Inc.
(``NSX''), and Philadelphia Stock Exchange, Inc. (``Phlx''), subject
to certain changes. See Securities Exchange Act Release No. 58904,
73 FR 67218 (November 13, 2008) (File No. 4-533).
---------------------------------------------------------------------------

I. Description and Purpose of the Amendment

    The current parties to the Symbology Plan are BATS Exchange, Inc.
(``BATS''), NASDAQ OMX BX, Inc. (``BX''), BOX Options Exchange, LLC
(``BOX''), Chicago Board Options Exchange, Incorporated (``CBOE''),
CHX, EDGA Exchange, Inc. (``EDGA''), EDGX Exchange, Inc. (``EDGX''),
FINRA, the International Securities Exchange, LLC (``ISE''), Nasdaq,
New York Stock Exchange, LLC (``NYSE''), NYSE MKT LLC (``NYSE MKT''),
and NYSE Arca, Inc. (``NYSE Arca''), NSX and Phlx.\4\

The proposed amendment to the Symbology Plan would add IEX as a party
to the Symbology Plan. A self-regulatory organization (``SRO'') may
become a party to the Symbology Plan if it satisfies the requirements
of Section I(c) of the Plan. Specifically, an SRO may become a party to
the Symbology Plan if: (i) It maintains a market for the listing or
trading of Plan Securities \5\ in accordance with rules approved by the
Commission; (ii) it signs a current copy of the Plan; and (iii) it pays
to the other parties a proportionate share of the aggregate development
costs, based upon the number of symbols reserved by the new party
during the first twelve (12) months of such party's membership.\6\
---------------------------------------------------------------------------

    \4\ On November 18, 2008, ISE filed with the Commission an
amendment to the Plan to add ISE as a member to the Plan. See
Securities and Exchange Act Release No. 59024 (November 26, 2008),
73 FR 74538 (December 8, 2008) (File No. 4-533). On December 22,
2008, NYSE, NYSE Arca, and NYSE Alternext (n/k/a NYSE MKT) (``NYSE
Group Exchanges''), and CBOE filed with the Commission amendments to
the Plan to add the NYSE Group Exchanges and CBOE as members to the
Plan. See Securities Exchange Act Release No. 59162 (December 24,
2008), 74 FR 132 (January 2, 2009) (File No. 4-533). On December 24,
2008, BSE (n/k/a BX) filed with the Commission an amendment to the
Plan to add BSE as a member to the Plan. See Securities Exchange Act
Release No. 59187 (December 30, 2008), 74 FR 729 (January 7, 2009)
(File No. 4-533). On September 30, 2009, BATS filed with the
Commission an amendment to the Plan to add BATS as a member to the
Plan. See Securities Exchange Act Release No. 60856 (October 21,
2009), 74 FR 55276 (October 27, 2009) (File No. 4-533). On July 7,
2010, EDGA and EDGX filed with the Commission an amendment to the
Plan to add EDGA and EDGX, each as a party to the Symbology Plan.
See Securities Exchange Act Release No. 62573 (July 26, 2010), 75 FR
45682 (August 3, 2010) (File No. 4-533). On May 7, 2012, BOX filed
with the Commission an amendment to the Plan to add BOX as a member
to the Plan. See Securities and Exchange Act Release No. 34-66957
(May 10, 2012), 77 FR 28904 (May 16, 2012).
    \5\ ``Plan Securities'' are defined in the Symbology Plan as
securities that: (i) Are NMS securities as currently defined in Rule
600(a)(46) under the Act; and (ii) any other equity securities
quoted, traded and/or trade reported through an SRO facility.
    \6\ Sections I(c) and V(a) of the Plan.
---------------------------------------------------------------------------

    IEX has submitted a signed copy of the Symbology Plan to the
Commission in accordance with the requirement set forth in the
Symbology Plan regarding new parties to the plan. Additionally, IEX
represented that it maintains a market for the listing or trading of
Plan Securities. Finally, IEX has agreed to pay all costs required by
IEX pursuant to the Symbology Plan, including its proportionate share
of the aggregate development costs previously paid by the other parties
to the Processor.

II. Effectiveness of the Proposed Symbology Plan Amendment

    The foregoing proposed Symbology Plan amendment has become
effective pursuant to Rule 608(b)(3)(iii) \7\ because it involves
solely technical or ministerial matters. At any time within sixty days
of the filing of the amendment, the Commission may summarily abrogate
the amendment and require that it be refiled pursuant to paragraph
(b)(1) of Rule 608,\8\ if it appears to the Commission that such action
is necessary or appropriate in the public interest, for the protection
of investors or the maintenance of fair and orderly markets, to remove
impediments to, and perfect the mechanisms of, a national market system
or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 17 CFR 242.608(b)(3)(iii).
    \8\ 17 CFR 242.608(b)(1).
---------------------------------------------------------------------------

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 4-533 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-533. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the Plan that are filed with the Commission,
and all written communications relating to the Plan between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
Parties' principal offices. 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 4-533, and should be submitted on or before December 27,
2016.

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-29043 Filed 12-2-16; 8:45 am]
 BILLING CODE 8011-01-P