[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29598-29600]
[FR Doc No: 2016-11155]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77780; File No. SR-BatsEDGX-2016-13]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change Related
to Fees

May 6, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 29, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to EDGX Rules
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, 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 parts of such
statements.

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

1. Purpose
    The Exchange determines the liquidity adding rebate that it will
provide to Members using the Exchange's tiered pricing structure.
Currently, the Exchange provides a $0.0027 per share rebate under
footnote 2 of the Fee Schedule for a Member that adds an ADV \6\ of at
least 0.02% of the TCV \7\ in Tape B securities for orders that yield
fee codes B and 4.\8\ The Exchange currently has only one Tape B Volume
Tier.
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    \6\ As defined on the Exchange's Fee Schedule.
    \7\ Id.
    \8\ See Securities Exchange Act Release No. 76816 (January 4,
2016, 81 FR 987 (January 8, 2016) (SR-EDGX-2015-67).
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    The Exchange now proposes to amend the Tape B Volume Tier to add an
additional Tape B Volume Tier to provide two Tape B Volume Tiers. The
Exchange proposes that the current Tape B Volume Tier be renamed Tape B
Volume Tier 1. The Exchange proposes that the rebate and the required
criteria for Tape B Volume Tier 1 remain substantively the same as the
current Tape B Volume Tier. The Exchange also proposes a second Tape B
Volume Tier named ``Tape B Volume Tier 2.'' The Exchange proposes to
provide a rebate per share of $0.0030 pursuant to the Tier and proposes
the required criteria to be that a Member adds an ADV of at least 0.15%
of the TCV in Tape B securities. To accommodate this proposed change in
its Fee Schedule, the Exchange proposes adding an additional row to the
Tape B Volume Tier table to list the Tape B Volume Tier 2. The Exchange
also proposes adding an additional column to separate Tape B Volume
Tier 1 and Tape B Volume Tier 2. Finally, the Exchange proposes stating
as a precursor that both Tape B Volume

Tiers are applicable to orders yielding fee codes B and 4 and removing
the same statement from the current text describing Tape B Volume Tier
1.
Implementation Date
    The Exchange proposes to implement this amendment to its Fee
Schedule effective May 2, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The proposed rule changes reflect a competitive
pricing structure designed to incent market participants to direct
their order flow to the Exchange. The Exchange believes that the
proposed amendments to the Tape B Volume Tier are equitable and non-
discriminatory in they would apply uniformly to all Members. The
Exchange believes the rate remains competitive with those charged by
other venues and, therefore, reasonable and equitably allocated to
Members.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
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    Volume-based rebates such as that proposed herein have been widely
adopted by exchanges, including the Exchange, and are equitable because
they are open to all Members on an equal basis and provide additional
benefits or discounts that are reasonably related to: (i) The value to
an exchange's market quality; (ii) associated higher levels of market
activity, such as higher levels of liquidity provision and/or growth
patterns; and (iii) introduction of higher volumes of orders into the
price and volume discovery processes. The Exchange believes that the
proposal is a reasonable, fair and equitable, and not unfairly
discriminatory allocation of fees and rebates because it will provide
Members with an additional incentive to reach certain thresholds on the
Exchange.
    In particular, the Exchange believes the addition of the proposed
second, higher Tape B Volume Tier 2 is a reasonable means to encourage
Members to increase the liquidity they provide on the Exchange.
Further, Members will still be able to earn the currently offered
rebate under Tape B Volume Tier 1. The addition of a second, higher
tier merely incentivizes a Member to provide even greater liquidity.
The Exchange further believes that the amendment to the Tape B Volume
Tier represents an equitable allocation of reasonable dues, fees, and
other charges because the thresholds necessary to achieve the tier
continue to encourage Members to add displayed liquidity to the EDGX
Book \11\ each month. The increased liquidity benefits all investors by
deepening EDGX's liquidity pool, offering additional flexibility for
all investors to enjoy cost savings, supporting the quality of price
discovery, promoting market transparency and improving investor
protection.
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    \11\ The EDGX Book is the System's electronic file of orders.
See Exchange Rule 1.5(d).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed amendment to its Fee
Schedule would impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed change represents a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. The Exchange does not believe that the proposed
additional tier would burden competition, but instead, enhances
competition, as it is intended to increase the competitiveness of and
draw additional volume to the Exchange. The Exchange does not believe
the amended tier would burden intramarket competition as it would apply
to all Members uniformly. Accordingly, the Exchange does not believe
that the proposed change will impair the ability of Members or
competing venues to maintain their competitive standing in the
financial markets.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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 \12\ and paragraph (f) of Rule 19b-4
thereunder.\13\ 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsEDGX-2016-13 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-BatsEDGX-2016-13. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for

inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsEDGX-2016-13, and should
be submitted on or before June 2, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
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    \14\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-11155 Filed 5-11-16; 8:45 am]
 BILLING CODE 8011-01-P


                                 DRAFT AGENDA

                  U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)
                SCIENCE ADVISORY COMMITTEE ON CHEMICALS (SACC)
                             OPEN VIRTUAL MEETING
                               March 15-17, 2022

              SACC WEB SITE: http://www.epa.gov/tsca-peer-review

                 DOCKET NUMBER: EPA - HQ - OPPT - 2021 - 0415

           MEETING LOCATION: Virtual location via Zoom.gov platform
                          (Register here  to attend)

[Please note that all times are approximate as noted below. Agency speakers may change based on availability.]

                                 MEETING TITLE

Draft TSCA Screening Level Approach for Assessing Ambient Air and Water Exposures to Fenceline Communities Version 1.0

                                        Day 1
                               Tuesday March 15, 2022

                                        Day 1
                               Tuesday March 15, 2022

10:00 A.M. 	Opening of Meeting  -  Alaa Kamel, Ph.D., Designated Federal Official, EPA Office of Chemical Safety and Pollution Prevention (OCSPP), Office of Program Support (OPS)

10:10 A.M. 	Introduction and Identification of Panel Members  -  Daniel Schlenk, Ph.D., Chair, Science Advisory Committee on Chemicals (SACC)

10:20 A.M.	Introduction and Welcome  -  Mark Hartman, Deputy Director for Management, EPA OCSPP, Office of Pollution Prevention and Toxics (OPPT)

10:25 A.M. 	Welcome and Introductory Comments  -  Michal Freedhoff, Ph.D., Assistant Administrator, EPA OCSPP

10:35 A.M. 	OPPT Technical Presentation  -  Overview of Draft TSCA Fenceline Methodology  -  Kevin Vuilleumier

11:45 A.M.	Break

12:00 P.M. 	SACC Questions on OPPT Technical Presentation

1:00 P.M. 	Lunch

2:00 P.M.	Public Comments

3:00 P.M. 	Charge Question 1:

Is EPA's screening level approach (Version 1.0) for assessing ambient air and water exposures to fenceline communities clearly communicated and are you able to reproduce results that are relevant to your review? In your response, please provide examples or explanations to support your conclusions or suggestions

5:00 P.M.	Adjourn

                                         Day 2
                               Wednesday March 16, 2022

                                         Day 2
                               Wednesday March 16, 2022

10:00 A.M. 	Opening of Meeting  -  Alaa Kamel, Ph.D., Designated Federal Official, EPA OCSPP, Office of Program Support (OPS),

10:05 P.M. 	Panel Members: Follow-Up on Previous Day  -  Daniel Schlenk, Ph.D., TSCA Science Advisory Committee on Chemicals (SACC) Chair

10:20 A.M. 	Charge Question 2: (includes a 15-minute break)

For instances where EPA is focused on the potential impact of a single release source (air
or water release) for a given condition of use (COU), is it reasonable for EPA to use this screening level approach (Version 1.0) to conclude that chemical exposure from a single release source for a given COU is not a concern if exposure results of the methodology, when compared to relevant toxicological benchmarks, do not indicate any potential human health risks to fenceline communities? In your response, please provide examples or explanations to support your conclusions or suggestions

12:45 P.M. 	Lunch Break

1:45 P.M 	Charge Question 3: (includes a 15-minute break)

 Keeping in mind that EPA's intent is to develop a screening level approach, please provide any practical suggestions you may have for enhancing Version 1.0 of EPA's screening level approach with respect to air and water release estimation, ambient and indoor air exposure estimation, and ambient surface water exposure estimation

5:00 P.M.	Adjourn

                                         Day 3
                                Thursday March 17, 2022

                                         Day 3
                                Thursday March 17, 2022

10:00 A.M. 	Opening of Meeting  -  Alaa Kamel, Ph.D., Designated Federal Official, EPA OCSPP, Office of Program Support (OPS)

10:05 P.M. 	Panel Members: Follow-Up on Previous Day Presentations  -  Daniel Schlenk, Ph.D., TSCA Science Advisory Committee on Chemicals (SACC) Chair

10:15 A.M. 	Charge Question 4:

 Please propose and describe approaches that EPA can take into consideration for the purposes of expanding the capacity of the proposed screening methodology (Version 1.0) presented in this work. Some possible examples may include but are not limited to:

 Charge Question 4a:

 How the proposed screening level approach may be expanded to evaluate aggregate/cumulative exposures and whether additional sources of environmental release information (beyond the Toxics Release Inventory or TRI) should be considered for such enhancements (such as the National Emissions Inventory or NEI).

11:30 A.M.		Break

11:45 P.M. 	Charge Question 4b:

How the proposed screening level approach may be expanded to identify potential environmental justice (EJ) concerns and inform future EJ analyses that assess racial and economic disparities in exposures.

1:00 P.M. 	Lunch

2:00 P.M. 	Charge Question 4c:

 How the proposed screening level approach may be expanded to evaluate exposures from additional pathways such as land disposal or groundwater contamination.

3:15 P.M.	Break

3:30 P.M.	Charge Question 4d:

 How the proposed screening level approach may be expanded to evaluate exposures relevant to tribes, indigenous populations, subsistence lifestyles, cultural practices, or other unique circumstances.

5:00 P.M.	Adjourn

Please be advised that agenda times are approximate; when the discussion for one topic is
completed, discussions for the next topic will begin. For further information, please contact the
Designated Federal Official for this meeting, Alaa Kamel, via email<EMAIL_ADDRESS>


[Federal Register: August 3, 2009 (Volume 74, Number 147)]
[Notices]
[Page 38439-38440]
[DOCID:fr03au09-74]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0348]

Draft Guidance for Industry: Guide to Minimize Microbial Food
Safety Hazards of Leafy Greens; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance entitled ``Guidance for Industry:
Guide to Minimize Microbial Food Safety Hazards of Leafy Greens.'' This
draft guidance is intended to cover the entire leafy greens supply
chain, both domestic firms and foreign firms exporting leafy greens
products into the United States, to enhance the safety of leafy greens
by recommending practices to minimize microbial food safety hazards and
to prevent microbial contamination. This draft guidance, when
finalized, will supplement existing FDA guidances, including the 1998
``Guidance to Industry: Guide to Minimize Microbial Food Safety Hazards
for Fresh Fruits and Vegetables,'' which applies to fresh produce
commodities, and the 2008 ``Guidance to Industry: Guide to Minimize
Microbial Food Safety Hazards of Fresh-cut Fruits and Vegetables,''
which applies to fresh-cut produce.

DATES:  Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comment on
this draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by October 2, 2009.

ADDRESSES:  Submit written requests for single copies of the draft
guidance to the Office of Food Safety (HFS-317), Center for Food Safety
and Applied Nutrition, 5100 Paint Branch Pkwy., College Park, MD 20740.
Send one self-addressed adhesive label to assist that office in
processing your request, or fax your request to<PHONE_NUMBER>. Submit
written comments on the draft guidance to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT:  Amy Green, Center for Food Safety and
Applied Nutrition (HFS-317), Food and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance entitled
``Guidance for Industry: Guide to Minimize Microbial Food Safety
Hazards of Leafy Greens.'' This draft guidance covers leafy greens that
are grown and harvested then packed or cooled for fresh market or for
``fresh-cut/value-added processing'' (i.e., minimally processed, such
as chopped or shredded, moved through a series of washes, and then
bagged or prepackaged), shipped to food service or retail
establishments, and offered for

sale to the consumer. The term ``leafy greens'' as used in this draft
guidance includes raw agricultural commodities and fresh-cut/value-
added products. Examples of leafy greens include iceberg lettuce,
romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce
(immature lettuce or leafy greens), escarole, endive, spring mix,
spinach, cabbage, kale, arugula, and chard. Leafy greens do not include
herbs such as cilantro and parsley.
    This draft guidance is based primarily on leafy greens industry
guidelines issued in 2006 (Ref. 1), along with agency experience and
information from other recent public and private programs. The leafy
greens industry has since updated and supplemented its 2006 guidelines
with additional recommendations on the production and harvest of leafy
greens that include quantitative metrics and measures to assist
industry in implementing the guidelines (Ref. 2). This draft guidance
does not include these more specific and quantitative metrics and
measures. We are considering the extent to which more specific
measures, including metrics, should be utilized to help verify the
implementation and efficacy of the Federal recommendations and industry
practices. We are also evaluating the extent to which metrics can be
applied to diverse geographic areas within the United States and
internationally. FDA invites comment on whether such information should
be incorporated into the guidance, when finalized.
    FDA is issuing this draft guidance as Level 1 draft guidance
consistent with FDA's good guidance practices regulation (21 CFR
10.115). The draft guidance, when finalized, will represent the
agency's current thinking on the microbiological hazards presented by
fresh and fresh-cut leafy greens products and the recommended control
measures for such hazards in production and harvesting, postharvest
operations, processing, distribution, and retail and food service
handling of such produce. It does not create or confer any rights for
or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C.
3501-3520), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct or sponsor. ``Collection of information'' is defined in 44
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or
requirements that members of the public submit reports, keep records,
or provide information to a third party. Section 3506(c)(2)(A) of the
PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to publish
notice in the Federal Register soliciting public comment on each
proposed collection of information before submitting the collection to
OMB for approval. To comply with this requirement, FDA will publish a
60-day notice on the proposed collection of information in a future
issue of the Federal Register.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. The draft guidance and received
comments may be seen in the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/FoodGuidances or http://
www.regulations.gov.

V. References

    The following references have been placed on display in the
Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852 and may be seen by interested persons between 9 a.m. and 4
p.m., Monday through Friday.
    1. Gorny, J., et al., editors, ``Commodity Specific Food Safety
Guidelines for the Lettuce and Leafy Greens Supply Chain'' (1st
ed.); International Fresh-cut Produce Association, Produce Marketing
Association, United Fresh Fruit and Vegetable Association, Western
Growers Association; April 25, 2006. Accessed online at http://
www.fda.gov/Food/FoodSafety/Product-SpecificInformation/
FruitsVegetablesJuices/GuidanceComplianceRegulatoryInformation/
ucm168630.htm.
    2. See ``Commodity Specific Food Safety Guidelines for the
Production and Harvest of Lettuce and Leafy Greens''; Produce
Marketing Association, United Fresh Fruit and Vegetable Association,
and Western Growers Association; last revised June 13, 2008.
Accessed online at http://www.caleafygreens.ca.gov/trade/documents/
LGMAAcceptedGAPs06.13.08.pdf. (FDA has verified the Web site
address, but FDA is not responsible for any subsequent changes to
the Web site after this document publishes in the Federal Register.)

    Dated: July 28, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-18451 Filed 7-31-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34524-34525]
[FR Doc No: 2020-10917]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0029; FRL-10010-00-Region 1]

Air Plan Approval; New Hampshire; Negative Declaration for the
Oil and Gas Industry; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of adverse comments, the Environmental
Protection Agency (EPA) is withdrawing the April 6, 2020 direct final
rule approving a State Implementation Plan (SIP) revision submitted by
the State of New Hampshire. New Hampshire's SIP revision provided a
negative declaration for EPA's 2016 Control Technique Guideline for the
oil and gas industry. This action is being taken in accordance with the
Clean Air Act.

DATES: The direct final rule published at 85 FR 19087 on April 6, 2020
is withdrawn effective June 5, 2020.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air and Radiation Division (Mail Code 05-2), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts, 02109-3912;<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the direct final rule, EPA stated that if

adverse comments were submitted by May 6, 2020, the rule would be
withdrawn and not take effect. EPA received adverse comments prior to
the close of the comment period and, therefore, is withdrawing the
direct final rule. EPA will address the comments in a subsequent final
action based upon the proposed rule also published on April 6, 2020 (85
FR 19116). EPA will not institute a second comment period on this
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: May 15, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
Accordingly, the amendments to 40 CFR 52.1520 published on April 6,
2020 (85 FR 19087), are withdrawn effective June 5, 2020.
[FR Doc. 2020-10917 Filed 6-4-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Notices]
[Pages 18366-18370]
[FR Doc No: 2018-08726]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83075; File No. SR-IEX-2018-08]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 11.350 To Clarify When a New IEX-Listed Security Will Be Eligible
To Begin Trading With an IPO Auction

April 20, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 17, 2018, the Investors Exchange LLC (``IEX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ IEX is
filing with the Commission a proposed rule change to amend Rules
11.350(e) and (a) to clarify that a new IEX-listed security that is not
the subject of an initial public offering (``IPO'') \6\ or otherwise
being priced pursuant to Rule 11.280(h)(9) will be eligible to begin
trading in the Pre-Market Session \7\ and have an Opening Auction \8\
on IEX at the start of Regular Market Hours,\9\ rather than an IPO
Auction,\10\ and to make corresponding changes to certain definitions
governing IPO and Opening Auctions. The Exchange has designated this
rule change as ``non-controversial'' under Section 19(b)(3)(A) of the
Act \11\ and provided the Commission with the notice required by Rule
19b-4(f)(6) thereunder.\12\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ The term IPO refers to the initial public offering of
securities registered under Section 6 of the Securities Act of 1933.
    \7\ See Rule 1.160(z).
    \8\ See Rule 11.350(c).
    \9\ See Rule 1.160(gg).
    \10\ See Rule 11.350(e).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.com, at the principal office of the Exchange,
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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statement [sic] may be examined
at the places specified in Item IV below. The self-regulatory
organization 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
Overview
    On August 4, 2017, the Commission approved a proposed rule change
filed by the Exchange to adopt rules governing auctions in IEX-listed
securities (``IEX Auctions''), including provisions governing the
initial public offering (``IPO'') of IEX-listed securities.\13\ The
Exchange intends to launch a listings program for corporate issuers in
2018. The purpose of this proposed rule change is to amend paragraphs
(e) and (a) of Rule 11.350, and adopt new Supplemental Material .01 and
.02 to Rule 11.350(e) to clarify that a new IEX-listed security that is
not the subject of an initial public offering or otherwise being priced
pursuant to Rule 11.280(h)(9) will be eligible to begin trading in the
Pre-Market Session and have an Opening Auction on IEX at the start of
Regular Market Hours, rather than an IPO Auction, and to make
corresponding changes to certain definitions governing IPO and Opening
Auctions.
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 81316 (August 4,
2017), 82 FR 37474 (August 10, 2017). See also Rule 11.350(e).
---------------------------------------------------------------------------

    Pursuant to Rule 11.350(e), the Exchange will conduct an IPO
Auction for securities that are the subject of an initial public
offering on the first day of listing.\14\ In addition, as proposed, the
Exchange will also conduct an IPO Auction on the first day of listing
for a new issue that is not an initial public offering, provided that a
broker-dealer serving in the role of financial advisor to the issuer of
the securities being listed is willing to perform the functions that
are performed by an underwriter with respect to an initial public
offering as specified in Rule 11.280(h)(9) (``specified underwriter
functions'').\15\ For securities that are not the subject of an initial
public offering or other new issues where a broker-dealer is unwilling
to perform the specified underwriter functions, the security will be
eligible to begin trading in the Pre-Market Session and have an Opening
Auction on IEX at the start of Regular Market Hours, instead of
conducting an IPO Auction on the first day of listing.\16\ As an
example, if an issuer with a class of common stock listed on IEX offers
and lists a class of preferred stock on IEX, the offering of the
preferred stock would not constitute an initial public offering and if
there is no broker-dealer serving in the role of financial advisor to
the issuer of the preferred stock that is willing to perform the
specified underwriter functions, the security will be eligible to begin
trading in the Pre-Market Session and have an Opening Auction on IEX at
the start of Regular

Market Hours, instead of conducting an IPO Auction on the first day of
listing.
---------------------------------------------------------------------------

    \14\ Pursuant to section 12(f)(1)(G)(i)-(ii) of the Securities
and Exchange Act, a security is the subject of an initial public
offering if the offering of the subject security is registered under
the Securities Act of 1933, the issuer of the security, immediately
prior to filing the registration statement with respect to the
offering, was not subject to the reporting requirements of the Act,
and the initial public offering of such security commences at the
opening of trading on the day on which such security commences
trading on the national securities exchange with which such security
is registered. See 15 U.S.C. 78l(f)(1)(G). See also proposed
Supplemental Material .01 to Rule 11.350(e).
    \15\ Pursuant to Rule 11.280(h)(9), the process for halting and
initial pricing of a security that is the subject of an IPO shall
also be available for the initial pricing of any other security that
has not been listed on a national securities exchange or traded in
the over-the-counter market pursuant to FINRA Form 211 immediately
prior to the initial pricing, provided that a broker-dealer serving
in the role of financial advisor to the issuer of the securities
being listed is willing to perform the functions under IEX Rule
11.280(h)(8) that are performed by an underwriter with respect to an
initial public offering. See also proposed Supplemental Material .01
to Rule 11.350(e).
    \16\ See proposed Supplemental Material .02 to Rule 11.350(e)
and Rule 11.350(c).
---------------------------------------------------------------------------

    The Exchange notes that the proposed rule changes do not alter the
substantive functionality governing the IPO or Opening Auction
processes. Instead, the proposed changes are designed to simply clarify
which of the existing IEX Auction processes will be utilized to begin
trading in a new IEX-listed security that is not the subject of an IPO
or otherwise being priced pursuant to Rule 11.280(h)(9), and to make
corresponding changes to certain definitions governing IPO and Opening
Auctions.
IEX IPO Auction
    For trading in an IEX-listed security that is the subject of an
IPO, or for the launch of a new issue,\17\ the Exchange will conduct an
IPO Auction pursuant to Rule 11.350(e). Specifically, Users may submit
Auction Eligible Orders\18\ for execution in the IPO Auction at the
start of the Order Acceptance Period,\19\ which begins at 8:00 a.m.\20\
All Auction Eligible Orders designated for participation in the IPO
Auction will be queued on the IPO Auction Book \21\ until the scheduled
auction match, at which time they will be eligible for execution in the
IPO Auction. Pursuant to Rule 11.350(e)(2)(A), the Exchange will begin
to disseminate IEX Auction Information via electronic means at the
start of the Display Only Period,\22\ which begins thirty (30) minutes
prior to the scheduled IPO Auction match, and will be updated every one
second thereafter.\23\ The Exchange will attempt to conduct an IPO
Auction for all IEX-listed securities at the scheduled auction match
time in accordance with the clearing price determination process set
forth in Rule 11.350(e)(2)(C). Auction Eligible Orders will be ranked
and maintained in accordance with IEX auction priority, pursuant to
Rule 11.350(b).
---------------------------------------------------------------------------

    \17\ The Exchange notes that new issues are registered
securities that are being listed on the Exchange and sold publicly
for the first time but are not necessarily the subject of an IPO.
    \18\ See Rule 11.350(a)(2).
    \19\ See Rule 11.350(a)(29).
    \20\ All times are in Eastern Time.
    \21\ See Rule 11.350(a)(1)(C). For an IPO Auction, the IPO
Auction Book would include Market-On-Open, Limit-On-Open, and market
orders with a time-in-force of DAY, as well as limit orders with a
time in-force of DAY, GTX, GTT, SYS, FOK, or IOC.
    \22\ See Rule 11.350(a)(5).
    \23\ See Rule 11.350(a)(9).
---------------------------------------------------------------------------

    The Exchange will generally attempt to conduct an IPO Auction
beginning at 10:15 a.m. Pursuant to Rule 11.280(g)(7), IEX will declare
a regulatory halt before the start of the Pre-Market Session for a
security that is the subject of an IPO on IEX, and therefore there will
be no Continuous Book for such security. The Order Acceptance Period
for an IPO Auction may be extended at the time of the auction match
pursuant to Rules 11.350(e)(2)(B)(i)-(iv):
     Automatically for five (5) minutes when there are
unmatched shares from market orders on the IPO Auction Book;
     Automatically for five (5) minutes when the Indicative
Clearing Price \24\ at the time of the IPO Auction match differs by the
greater of five percent (5%) or fifty cents ($0.50) from any of the
previous fifteen (15) Indicative Clearing Price disseminations;
---------------------------------------------------------------------------

    \24\ See Rule 11.350(a)(9)(E).
---------------------------------------------------------------------------

     Automatically during the Pre-Launch Period \25\ when the
IPO Auction match price is above (below) the upper (lower) price band
selected by the underwriter pursuant to proposed Rule 11.280(h)(8),
until the clearing price is within such bands; or
---------------------------------------------------------------------------

    \25\ See Rule 11.280(h)(8).
---------------------------------------------------------------------------

     Manually upon request from the underwriter at any time
prior to the auction match.
    Furthermore, Rule 11.280(h)(8) governs the process for resuming
from a trading halt initiated under Rule 11.280(g)(7) for a security
that is the subject of an IPO. Thus, in addition to the systemic
processes described above that govern the IPO Auction match, there is a
series of procedural steps to complete an IPO Auction, which include
input from and coordination with the IPO underwriter. Specifically,
pursuant to Rule 11.280(h), thirty (30) minutes after the start of the
Display Only Period, unless extended by the underwriter, the security
will enter a Pre-Launch Period of indeterminate duration. The Pre-
Launch Period will end immediately after the transition to the Regular
Market Session following the IPO Auction match,\26\ pending:
---------------------------------------------------------------------------

    \26\ See Rule 11.350(e)(3).
---------------------------------------------------------------------------

     Notification from the underwriter that the security is
ready to trade;
     Subsequent approval of the Indicative Clearing Price at
the time of such notification; and
     Validation that each of the conditions for the extension
of the Order Acceptance Period set forth in Rules 11.350(e)(2)(B)(i)-
(iv) are not satisfied.
    Lastly, pursuant to Rule 11.280(h)(9), the process for halting and
initial pricing of a security that is the subject of an IPO shall also
be available for the initial pricing of any other security that has not
been listed on a national securities exchange or traded in the over-
the-counter market pursuant to FINRA Form 211 immediately prior to the
initial pricing, provided that a broker-dealer serving in the role of
financial advisor to the issuer of the securities being listed is
willing to perform the functions under IEX Rule 11.280(h)(8) that are
performed by an underwriter with respect to an IPO.
IEX Opening Auction
    Pursuant to Rule 11.350(c)(1), Users may submit orders eligible for
execution in the Opening Auction \27\ at the beginning of the Pre-
Market Session, which begins at 8:00 a.m. Any orders designated for the
Opening Auction Book \28\ will be queued until 9:30 a.m. at which time
they will be eligible to be executed in the Opening Auction. In
addition to orders on the Opening Auction Book, limit orders on the
Continuous Book with a time-in-force of SYS or GTT are eligible to
execute in the Opening Auction (``Pre-market Continuous Book'').\29\
The Exchange does not place any restrictions on the entry of orders to
the Pre-market Continuous Book to avoid unnecessary disruptions to
continuous trading.
---------------------------------------------------------------------------

    \27\ See Rule 11.350(c).
    \28\ Pursuant to Rule 11.350(a)(1)(A), orders on the Opening
Auction Book would include MOO orders, LOO orders, market orders
with a time-in-force of DAY, and limit orders with a time-in-force
of DAY or GTX.
    \29\ See Rule 11.190(a)(1)(E)(iv) and (vi).
---------------------------------------------------------------------------

    Pursuant to proposed Rule 11.350(c)(2), beginning at the Opening
Auction Lock-in Time \30\ and updated every one second thereafter, the
Exchange will disseminate IEX Auction Information via electronic means.
The Exchange will attempt to conduct an Opening Auction for all IEX-
listed securities at the start of Regular Market Hours (i.e., 9:30
a.m.) in accordance with the clearing price determination process set
forth in Rule 11.350(c)(2)(B). All orders eligible for execution in the
Opening Auction (i.e., orders on the Opening Auction Book and orders on
the Pre-Market Continuous Book that are not Auction Ineligible Orders)
\31\ are Auction Eligible Orders. Auction Eligible Orders will be
ranked and maintained in accordance with IEX auction priority, pursuant
to Rule 11.350(b). Moreover, pursuant to Rule 11.350(a)(2), non-
displayed buy (sell) orders on the Pre-Market Continuous Book with a
resting price (as defined in Rule 11.350(b)(1)(A)(i)) within the
Reference Price Range \32\ will be priced at the lower (upper)
threshold of the Reference Price Range for the purpose of

determining the clearing price,\33\ but will be ranked and eligible for
execution in the Opening Auction match at the order's resting
price.\34\
---------------------------------------------------------------------------

    \30\ See Rule 11.350(a)(22).
    \31\ See Rule 11.350(a)(3).
    \32\ See Rule 11.350(a)(30).
    \33\ Note, non-displayed buy (sell) orders on the Continuous
Book with a resting price (as defined in Rule 11.350(b)(1)(A)(i))
within the Reference Price Range will be priced at the at the lower
(upper) threshold of the Reference Price Range for the purpose of
determining the clearing price and the Indicative Clearing Price
disseminated in IEX Auction Information as set forth in Rule
11.350(a)(9)(E).
    \34\ The Exchange notes that in the case of an IPO, Halt, or
Volatility Auction, there is no continuous trading and therefore no
Continuous Book. Accordingly, there would be no non-displayed
interest on the Continuous Book to which this functionality would
apply.
---------------------------------------------------------------------------

Proposed Changes
    The Exchange proposes to clarify that a new IEX-listed security
that is not the subject of an IPO or otherwise being priced pursuant to
Rule 11.280(h)(9) (i.e., a financial advisor to the issuer is willing
to perform the specified underwriter functions for a security that was
not listed on a national securities exchange or traded pursuant to
FINRA form 211 immediately prior to the initial pricing) will be
eligible to begin trading in the Pre-Market Session and have an Opening
Auction on IEX at the start of Regular Market Hours, rather than an IPO
Auction. As described above, current Exchange Rule 11.350(e) states in
relevant part that an IPO Auction will be utilized for the launch of a
new issue. However, pursuant to Rule 11.280(g)(7), IEX may only issue a
regulatory halt before the start of the Pre-Market Session for a
security that is the subject of an IPO on IEX, or pursuant to Rule
11.280(h)(9).
    Therefore, the IPO Auction process, which pre-supposes there is no
trading in the security prior to the IPO Auction match, would be
suboptimal for the launch of a new issue that is not an IPO or
otherwise being priced pursuant to Rule 11.280(h)(9), because the
Exchange does not have authority to initiate a regulatory trading halt,
and thus such securities would be eligible for trading during the Pre-
Market Session. The IPO Auction process is designed to aggregate all
existing liquidity in a security and execute the maximum number of
shares at a price that accurately reflects supply and demand. The IPO
Auction is not designed to account for continuous trading, and thus
running an IPO Auction alongside continuous trading could result in
auction pricing that does not account for all available interest in, or
reflect the current market for, the security. Accordingly, the Exchange
is proposing to clarify that an IEX-listed security that is not the
subject of an IPO or otherwise being priced pursuant to Rule
11.280(h)(9) will be eligible to begin trading in the Pre-Market
Session and have an Opening Auction on IEX at the start of Regular
Market Hours, rather than an IPO Auction.
    Lastly, the Exchange proposes to make corresponding changes to
Rules 11.350(a)(6) and (7), which define the terms ``Final Consolidated
Last Sale Eligible Trade'',\35\ and ``Final Last Sale Eligible
Trade'',\36\ respectively. Specifically, the Exchange proposes to add a
new subparagraph (i) to paragraph (A) of Rules 11.350(a)(6) and (7) to
specify that if there is no qualifying previous official closing price
for a security that is not the subject of an IPO or otherwise being
priced pursuant to Rule 11.280(h)(9), the Final Consolidated Last Sale
Eligible Trade and the Final Last Sale Eligible Trade will be equal to
issue price. Furthermore, the Exchange proposes to amend subparagraph
(B) of Rules 11.350(a)(6) and (7) to replace the broad language
referencing ``the launch of a new issue'' with a more specific cross
reference to the initial pricing of any other security pursuant to Rule
11.280(h)(9). Thus, as proposed:
---------------------------------------------------------------------------

    \35\ Pursuant to Rule 11.350(a)(6), the Final Consolidated Last
Sale Eligible Trade is the last trade prior to the end of Regular
Market Hours, or where applicable, prior to trading in the security
being halted or paused, that is last sale eligible and reported to
the Consolidated Tape System (``Consolidated Tape''), rounded to the
nearest MPV or Midpoint Price calculated by the System, whichever is
closer. If there is no qualifying Final Consolidated Last Sale
Eligible Trade for the current day, the previous official closing
price; and in the case of an IPO or the initial pricing of any other
security pursuant to Rule 11.280(h)(9), the issue price. See also
Rules 11.350(a)(30) and (33), as well as Rules 11.350(d)(4)(B)(i)
and (ii), which utilize the defined term in a variety of contexts,
none of which are significantly impacted by the proposed changes.
    \36\ Pursuant to Rule 11.350(a)(7), the Final Last Sale Eligible
Trade is the last trade on IEX prior to the end of Regular Market
Hours, or where applicable, prior to trading in the security being
halted or paused, that is last sale eligible and reported to the
Consolidated Tape. If there is no qualifying Final Last Sale
Eligible Trade for the current day, the previous official closing
price; and in the case of an IPO or launch of a new issue, the issue
price. See also Rules 11.350(d)(2)(B) and (D); as well as Rule
11.350(f)(3)(B)(ii), which each utilize the defined term in a
variety of contexts, none of which are significantly impacted by the
proposed changes.
---------------------------------------------------------------------------

     For a security that is not the subject of an IPO or
otherwise being priced pursuant to Rule 11.280(h)(9):
    [cir] The security will be eligible to begin trading in the Pre-
Market Session and have an Opening Auction on IEX at the start of
Regular Market Hours, rather than an IPO Auction; and

    [cir] The Final Consolidated Last Sale Eligible Trade will be equal
to the last trade prior to the end of Regular Market Hours, rounded to
the nearest Minimum Price Variant (``MPV'') or Midpoint Price
calculated by the System, whichever is closer: \37\
---------------------------------------------------------------------------

    \37\ However, where applicable, it will be the last trade prior
to trading in the security being halted or paused, that is last sale
eligible and reported to the Consolidated Tape, rounded to the
nearest MPV or Midpoint Price calculated by the System, whichever is
closer. See Rule 11.210 specifying the MPV and Rule 1.160(t)
defining Midpoint Price.
---------------------------------------------------------------------------

    [ssquf] If there is no qualifying Final Consolidated Last Sale
Eligible Trade for the current day, the previous official closing
price; or
    [ssquf] If there is no qualifying previous official closing price
for a security that is not the subject of an IPO or otherwise being
priced pursuant to Rule 11.280(h)(9), the issue price.
    o The Final Last Sale Eligible Trade will be equal to the last
trade on IEX prior to the end of Regular Market Hours,\38\ or if there
is no qualifying Final Last Sale Eligible Trade for the current day,
the issue price.
---------------------------------------------------------------------------

    \38\ However, where applicable, it will be the last trade prior
to trading in the security being halted or paused, that is last sale
eligible and reported to the Consolidated Tape.
---------------------------------------------------------------------------

     For a security that is the subject of an IPO or otherwise
being priced pursuant to Rule 11.280(h)(9):
    [cir] The Exchange will conduct an IPO Auction;

    [cir] The Final Consolidated Last Sale Eligible Trade will be equal
to the last trade prior to the end of Regular Market Hours, rounded to
the nearest MPV or Midpoint Price calculated by the System, whichever
is closer: \39\
---------------------------------------------------------------------------

    \39\ See supra note 37.
---------------------------------------------------------------------------

    [ssquf] If there is no qualifying Final Consolidated Last Sale
Eligible Trade for the current day, the issue price.
    [cir] The Final Last Sale Eligible Trade will be equal to the last
trade on IEX prior to the end of Regular Market Hours: \40\
---------------------------------------------------------------------------

    \40\ See supra note 38.
---------------------------------------------------------------------------

    [ssquf] If there is no qualifying Final Last Sale Eligible Trade
for the current day, the issue price.
    The Exchange believes the proposed modifications to paragraphs (e)
and (a) of Rule 11.350 and the addition of Supplemental Material .01
and .02 to Rule 11.350(e) are designed to avoid any potential confusion
regarding which of the IEX Auctions will be utilized to process an IEX-
listed security that is not the subject of an IPO or otherwise being
priced pursuant to Rule 11.280(h)(9), and therefore further clarifies
the Exchange's auction processing. In addition, as announced in IEX
Trading Alerts #2017-015 and #2017-046, the Exchange intends to become
a primary listing exchange and support its first

IEX-listed security in 2018.\41\ As part of the listings initiative,
the Exchange is providing a series of industry wide weekend tests for
the Exchange and its Members to exercise the various technology changes
required to support IEX Auctions and listings functionality.\42\
Accordingly, the Exchange is proposing to clarify paragraphs (e) and
(a) of Rule 11.350 and add Supplemental Material .01 and .02 to Rule
11.350(e) as described above in advance of the industry wide testing
period in 2018 in order to avoid potential confusion, and allow Members
and other market participants time to develop, test, and deploy any
necessary changes to support IEX Auctions.
---------------------------------------------------------------------------

    \41\ See IEX Trading Alert #2017-015 (Listings Specifications,
Testing Opportunities, and Timelines), May 31, 2017. See also IEX
Trading Alert #2017-046 (IEX Listings Timeline Update), originally
published on Monday, October 30, 2017, and re-published on Tuesday,
October 31, 2017.
    \42\ See, e.g., IEX Trading Alert #2017-028 (First Listings
Functionality Industry Test on Saturday, August 26), August 17,
2017; IEX Trading Alert #2017-037 (Second Listings Functionality
Industry Test on Saturday, September 9), September 7, 2017; IEX
Trading Alert #2017-039 (Third Listings Functionality Industry Test
on Saturday, September 23), September 18, 2017; IEX Trading Alert
#2017-040 (Rescheduled 4th Listing Functionality Industry Test),
September 29, 2017; IEX Trading Alert #2017-046 (IEX Listings
Timeline Update), originally published on Monday, October 30, 2017,
and re-published on Tuesday, October 31, 2017; and IEX Trading Alert
#2017-047 (Fourth Listings Functionality Industry Test on Saturday,
November 4), October 31, 2017.
---------------------------------------------------------------------------

2. Statutory Basis
    IEX believes that the proposed rule changes are consistent with the
provisions of Section 6(b) \43\ of the Act in general, and furthers the
objectives of Section 6(b)(5) of the Act \44\ in particular, in that
they are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \43\ 15 U.S.C. 78f.
    \44\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to paragraphs (e)
and (a) of Rule 11.350 and the addition of Supplemental Material .01
and .02 to Rule 11.350(e) are consistent with the protection of
investors and the public interest in that they do not alter the
substantive functionality governing the IPO or Opening Auction
processes. Instead, the proposed changes simply clarify which of the
existing IEX Auction processes will be utilized to begin trading in a
new IEX-listed security that is not the subject of an IPO or otherwise
being priced pursuant to Rule 11.280(h)(9). In this regard, the
Exchange believes that the choice of which auction applies is
consistent with the Act because the IPO Auction presupposes that a
financial advisor is willing to perform the specified underwriter
functions and it would not make sense to use an IPO Auction in the
absence of such a financial advisor. Further, the proposed progression
of reference prices that will be utilized as the Final Consolidated
Last Sale Eligible Trade and the Final Last Sale Eligible Trade for a
security that is not the subject of an IPO or otherwise being priced
pursuant to Rule 11.280(h)(9) is consistent with the protection of
investors and the public interest in that such prices most accurately
reflect the market for the security and are also consistent with the
Exchange's current reference prices.
    Furthermore, the Exchange believes the proposed rule changes are
consistent with the protection of investors and the public interest
because as described above, the IPO Auction is not designed to account
for continuous trading, and thus running an IPO Auction alongside
continuous trading could result in auction pricing that does not
account for all available interest in, or reflect the current market
for, the security. Accordingly, the Exchange proposes to clarify that
an IEX-listed security that is not the subject of an IPO or otherwise
being priced pursuant to Rule 11.280(h)(9) will be eligible to begin
trading in the Pre-Market Session and have an Opening Auction on IEX at
the start of Regular Market Hours, rather than an IPO Auction.

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

    IEX does not believe that the proposed rule changes will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, in that the proposed rule
changes are consistent with the rules of other primary listing
markets.\45\ Thus, the Exchange believes there are no new inter-market
competitive burdens imposed as a result of the proposed rule changes.
---------------------------------------------------------------------------

    \45\ See e.g., the Nasdaq Stock Market, LLC (``Nasdaq'') Rules
4753 and 4120(c)(8)-(9).
---------------------------------------------------------------------------

    In addition, the Exchange does not believe that the proposed
changes will have any impact on intra-market competition. Specifically,
as discussed above, the proposed clarification does not alter the
substantive functionality governing the IPO or Opening Auction
processes. Instead, the proposed changes simply clarify which of the
existing IEX Auction processes will be utilized to begin trading in a
new IEX-listed security that is not the subject of an IPO or otherwise
being priced pursuant to Rule 11.280(h)(9). Furthermore, the Exchange
believes the proposed rule change is designed to make IEX's rules more
complete, and descriptive of the System's functionality to avoid any
potential confusion among Members and market participants regarding
such functionality, to the benefit of all market participants. Lastly,
the Exchange notes that the proposed changes will apply to all Members
on a fair and equal basis. Accordingly, the Exchange believes there are
no new intra-market competitive burdens imposed as a result of the
proposed rule changes.

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

    Written comments were neither solicited nor received.

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) \46\ of the Act and Rule 19b-
4(f)(6) thereunder.\47\
---------------------------------------------------------------------------

    \46\ 15 U.S.C. 78s(b)(3)(A)
    \47\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and the text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \48\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \49\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
states that waiver of the 30-day operative delay would avoid any
potential confusion regarding IEX Auctions as IEX continues industry-

wide testing of the technology changes being made by the Exchange and
its Members to support IEX as a listings market, including IEX
Auctions.\50\ The Commission notes that IEX's proposal incrementally
amends the opening auction rule to address a scenario that the Exchange
did not originally contemplate, and does so in a manner consistent with
the Commission's prior approval of that rule without raising any novel
issues. In addition, as noted above, the proposal is consistent with
the rules of another primary listing market. Accordingly, the
Commission believes the waiver of the operative delay is consistent
with the protection of investors and the public interest. Therefore,
the Commission hereby waives the operative delay and designates the
proposal operative upon filing.\51\
---------------------------------------------------------------------------

    \48\ 17 CFR 240.19b-4(f)(6).
    \49\ 17 CFR 240.19b-4(f)(6)(iii).
    \50\ See supra note 42.
    \51\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File No. SR-IEX-2018-08 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 No. SR-IEX-2018-08. 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 No. SR-IEX-2018-08, and should be submitted on or
before May 17, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\52\
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    \52\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08726 Filed 4-25-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Page 50868]
[FR Doc No: 2017-23853]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commissioner and Staff Attendance at North American
Electric Reliability Corporation Meetings

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and/or Commission staff may attend the
following meetings:

North American Electric Reliability Corporation
Member Representatives Committee and Board of Trustees Meetings
Board of Trustees Corporate Governance and Human Resources Committee,
Finance and Audit Committee, Compliance Committee, and Standards
Oversight and Technology Committee Meetings
JW Marriot New Orleans, 614 Canal Street, New Orleans, LA 70130
November 8 (8:00 a.m.-5:00 p.m. central time) and November 9 (8:30
a.m.-12:00 p.m. central time), 2017

    Further information regarding these meetings may be found at:
http://www.nerc.com/Pages/Calendar.aspx.
    The discussions at the meetings, which are open to the public, may
address matters at issue in the following Commission proceedings:

Docket No. RR15-2, North American Electric Reliability Corporation
Docket No. RR17-6, North American Electric Reliability Corporation

    For further information, please contact Jonathan First, 202-502-
8529, or [email protected].

    Dated: October 27, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-23853 Filed 11-1-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37810-37813]
[DOCID:fr02jy08-19]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0470]
RIN 1625-AA11

Regulated Navigation Area and Safety Zone, Chicago Sanitary and
Ship Canal, Romeoville, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area and safety zone on the Chicago Sanitary and Ship Canal
near Romeoville, IL. This regulated navigation area and safety zone
places navigational and operational restrictions on all vessels
transiting through the electrical dispersal barrier IIA.

DATES: Amendments for Sec. Sec.  165.923 and 165.T09-0470 are effective
from June 30, 2008, until August 15, 2008; and the amendment for Sec.
165.T09-4001 is effective from 7 a.m., July 14, 2008, until 5 p.m.,
August 9, 2008.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0470 and are available online at
www.regulations.gov. The material is also available for inspection and
copying at two places: 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 and the Ninth

Coast Guard District, Room 2069, 1240 East 9th Street, Cleveland, Ohio
44199, between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule call CDR Tim Cummins, Deputy Prevention Division, Ninth
Coast Guard District, telephone<PHONE_NUMBER>. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On June 12, 2008, we published a notice of
proposed rulemaking (NPRM) entitled Regulated Navigation Area and
Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL, in the
Federal Register (73 FR 33337). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of persons and
vessels, and immediate action is necessary to prevent possible loss of
life or property.

Background and Purpose

    The electrodes on the demonstration electrical dispersal barrier I
located between mile markers 296.1 and 296.7 of the Chicago Sanitary
and Ship Canal are beginning to fail. This barrier was constructed to
prevent Asian Carp from entering Lake Michigan through the Illinois
River system by generating a low-voltage electric field across the
canal. The Army Corps of Engineers intends to shutdown barrier I and
begin the process of replacing the barrier electrodes which run across
the bottom of the canal. Divers will be in the water and a barge-
mounted crane will be operating during maintenance operations to
barrier I. Electrical dispersal barrier IIA located on the Chicago
Sanitary and Ship Canal 270 feet south of mile marker 296.1 to mile
marker 296.7 will be in operation while repairs are being made to
demonstration electrical dispersal barrier I. Barrier IIA will operate
continuously for a two week period before taking barrier I off line for
electrode replacement. Electrical dispersal barrier IIA generates a
more powerful electric field than barrier I over a larger area within
the Chicago Sanitary and Ship Canal.
    The Coast Guard and U.S. Army Corps of Engineers conducted field
tests to ensure the continued safe navigation of commercial and
recreational traffic across the barrier; however, results indicated an
arcing risk and hazardous electrical discharges as vessels transited
the barrier posing a serious risk to navigation through the barrier. To
mitigate these risks, navigational and operational restrictions will be
placed on all vessels transiting through the vicinity. Until the
potential electrical hazards can be rectified, the Coast Guard will
require vessels transiting the regulated navigation area to adhere to
specified operational and navigational requirements.

Discussion of Comment and Changes

    No comments were received and no changes were made.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
    This determination is based on the fact that traffic will still be
able to transit through the regulated navigation area and the minimal
time that vessels will be restricted from the safety zone. The safety
zone is an area where the Coast Guard expects insignificant adverse
impact to mariners from the zones' activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This rule would affect the following entities, some of which might
be small: the owners and operators of vessels intending to transit or
anchor in a portion of the Chicago Sanitary Ship Canal from June 30,
2008 to August 15, 2008.
    This regulated navigation area and safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. Vessel traffic will be able to transit
through the regulated navigation area. The U.S. Army Corps of Engineers
will contract bow boat assistance for barge tows containing one or more
Red Flag barges. Vessel traffic will only be limited for one five hour
period and one four hour period each day the safety zone is in effect.
In the event this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Lake
Michigan to transit through the safety zone. The Coast Guard will give
notice to the public via a Broadcast Notice to Mariners that the
regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has substantial direct effect on State or local
governments and would either preempt State law or

impose a substantial direct cost of compliance on them. We have
analyzed this rule under that Order and have determined that it does
not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these regulations and fishing rights
protection need not be incompatible. We have also determined that this
rule does not have tribal implications under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. Nevertheless, Indian Tribes
that have questions concerning the provisions of this proposed rule or
options for compliance are encouraged to contact the point of contact
listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this rule under Executive order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedure; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This temporary rule establishes a
regulated navigation area and safety zone and as such is covered by
this paragraph.
    A final environmental analysis checklist and a final categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

Sec.  165.923  [Suspended]

0
2. Section 165.923 is suspended from June 30, 2008 until August 15,
2008.

0
3. A new temporary Sec.  165.T09-0470 is added to read as follows:

Sec.  165.T09-0470  Temporary Regulated Navigation Area, Chicago
Sanitary and Ship Canal, Romeoville, IL.

    (a) Regulated Navigation Area. The following is a Regulated
Navigation Area: All waters of the Chicago Sanitary and Ship Canal,
Romeoville, IL, 270 feet south of the Romeo Road Bridge Mile Marker
296.1 to the south side of the Aerial Pipeline Mile Marker 296.7.
    (b) Effective period. This section is effective from June 30, 2008
until August 15, 2008.
    (c) Definitions. The following definitions apply to this section:
    Designated representative means the Captain of the Port Lake
Michigan.
    Red Flag barges means barges containing hazardous materials as
identified by the following commodity codes:
    (i) 01 (Empty with previous hazardous material);
    (ii) 20 (Petroleum and Petroleum Products);
    (iii) 21 (Crude Petroleum);
    (iv) 22 (Gasoline, Jet Fuel and Kerosene);
    (v) 23 (Distillate, Residual and other Fuel Oils; Lubricating Oils
and Greases);
    (vi) 24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents);
    (vii) 30 (Chemicals and Related Products);
    (viii) 31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and
Others); and
    (ix) 32 (Organic Industrial Chemicals (Crude Products) from Coal,
Tar, Petroleum and Natural Gas, Dyes,

 Organic Pigment Dying and Tanning Materials, Alcohols, Benzene;
Inorganic Industrial Chemicals (Sodium Hydroxide); Radioactive and
Associated Materials; Drugs)).
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.13 apply.
    (2) All up-bound and down-bound barge tows that contain one or more
red flag barges transiting through the regulated navigation area must
be assisted by a bow boat until the entire tow is clear of the expanded
regulated navigation area boundaries.
    (i) Information on how to contact the contractor for bow boat
assistance will be provided to the public in a Broadcast Notice to
Mariners.
    (ii) Towing assistance will be provided from at least one mile
above the regulated navigation area to as least one mile below the
regulated navigation area.
    (3) All vessels are prohibited from loitering in the regulated
navigation area.
    (4) Vessels may enter the regulated navigation area for the sole
purpose of transiting to the other side and must maintain headway
throughout the transit.
    (5) All personnel on open decks must wear a Coast Guard approved
Type I personal flotation device while in the regulated navigation
area.
    (6) Vessels may not moor or lay up on the right or left descending
banks of the regulated navigation area.
    (7) Towboats may not make or break tows in the regulated navigation
area.
    (8) Vessels may not pass (meet or overtake) in the regulated
navigation area and must make a SECURITE call when approaching the
barrier to announce intentions and work out passing arrangements on
either side.
    (9) Commercial tows transiting the regulated navigation area must
be made up with wire rope to ensure electrical connectivity between all
segments of the tow.
    (e) Compliance. All persons and vessels must comply with this
section and any additional instructions of the Ninth Coast Guard
District Commander, or his designated representative.

0
4. A new temporary Sec.  165.T09-4001 is added to read as follows:

Sec.  165.T09-4001  Safety Zone; Chicago Sanitary and Ship Canal,
Romeoville, IL.

    (a) Safety Zone. The following area is a temporary safety zone: All
waters of the Chicago Sanitary and Ship Canal from mile marker 296.1 to
296.7.
    (b) Effective period. This regulation is effective from 7 a.m.,
July 14, 2008 to 5 p.m., August 9, 2008. The safety zone will be
enforced from 7 a.m. to 12 p.m. and 1 p.m. to 5 p.m. on July 14, 2008
through August 9, 2008.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan, or his on-scene representative, for paragraph (a)
of this section.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan, or his on-scene
representative, for paragraph (a) of this section.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf for
paragraph (a) of this section. The on-scene representative of the
Captain of the Port will be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or his on-
scene representative to obtain permission to do so. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port Lake
Michigan or his on-scene representative.

    Dated: June 24, 2008.
David R. Callahan,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. E8-14993 Filed 7-1-08; 8:45 am]

BILLING CODE 9110-04-P