[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Pages 72965-72968]
[FR Doc No: 2013-28972]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70955; File No. SR-NYSEMKT-2013-84]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of
Proposed Rule Change Amending NYSE MKT Rules 13--Equities, 70.25--
Equities, 107C--Equities and 1000--Equities To Adopt a New Order Type
Called a Midpoint Passive Liquidity Order

November 27, 2013.
    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 November 18, 2013, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') 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

    The Exchange proposes to amend: (1) NYSE MKT Rule 13--Equities to
adopt a new order type called a Midpoint Passive Liquidity (``MPL'')
Order; (2) NYSE MKT Rule 1000--Equities to specify that MPL Orders may
interact with Capital Commitment Schedule (``CCS'') interest; (3) NYSE
MKT Rule 70.25--Equities to permit d-Quotes to be designated with a
midpoint modifier in order to set the discretionary price to the
midpoint of the PBBO; and (4) NYSE MKT Rule 107C--Equities to
incorporate the new MPL Order into the Retail Liquidity Program. The
text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, on the
Commission's Web site at www.sec.gov, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the 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 those 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 is proposing to amend: (1) NYSE MKT Rule 13--Equities
to adopt a new order type called an MPL Order; (2) NYSE MKT Rule 1000--
Equities to specify that MPL Orders may interact with CCS interest; (3)
NYSE MKT Rule 70.25--Equities to permit d-Quotes to be designated with
a midpoint modifier in order to set the discretionary price to the
midpoint of the PBBO; and (4) NYSE MKT Rule 107C--Equities to
incorporate the new MPL Order into the Retail Liquidity Program.
Proposed MPL Order
    As proposed, an MPL Order would be defined as an undisplayed limit
order that would automatically execute at the mid-point of the
protected best bid (``PBB'') and the protective best offer (``PBO'')
(collectively, ``PBBO''). An MPL Order would interact with any incoming
order, including another MPL Order, and could execute at prices out to
four decimal places. Such an order would not be eligible to trade if it
would trade at a price below $1.00 or if the execution price would be
out to five decimal places above $1.00. An MPL Order could not be
designated as Good Till Cancelled (``GTC''). An MPL Order would not
execute if the market was locked or crossed. When the market unlocked
or uncrossed, the Exchange would execute all eligible MPL Orders and
other hidden interest eligible to execute at the midpoint of the
PBBO.\4\ MPL Orders would be allocated consistent with Rule 72--
Equities. An MPL Order's time priority would be based on its time of
entry into Exchange systems and would not reset when an MPL Order's
price shifted due to changes in the PBBO. For example, consider an MPL
Order to buy entered when the PBBO was $10.01 by $10.05 and therefore
was eligible to trade at $10.03. The MPL Order's time priority would be
based on when the order was originally entered, even if the PBBO
shifted to $10.03 by $10.05 and the MPL Order was eligible to trade at
$10.04.
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    \4\ The other hidden interest at the Exchange eligible to
execute at the midpoint after the market unlocked or uncrossed would
be Non-Displayed Reserve Orders pursuant to Rule 13--Equities and
Floor-broker interest without a published quantity pursuant to Rules
70(e) and (f)(i)--Equities. Such interest would execute only if the
midpoint of the PBBO was in whole pennies. An MPL Order designated
with an Add Liquidity Only (``ALO'') Modifier, as described below,
would not participate in the execution when the market unlocked or
uncrossed.
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    An MPL Order could include a Minimum Triggering Volume (``MTV'')
and would not be eligible to trade unless the aggregated contra-side
quantity of all interest marketable at the midpoint of the PBBO was
equal to or greater than the MPL Order's MTV. There would not be a
guaranteed trade size based on the MTV. Exchange systems would enforce
an MTV restriction even if the unexecuted portion of an MPL Order with
an MTV was less than the MTV.\5\ An MPL Order that included an MTV
would be rejected if it also included a Self Trade Prevention (``STP'')
Modifier.
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    \5\ For example, if an MPL Order to buy for 1,000 shares with an
MTV of 500 shares received a partial execution of 800 shares,
Exchange systems would enforce the MTV of 500 shares on a subsequent
execution even though the leaves quantity of the MPL Order (200
shares) is less than the MTV.
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    As proposed, STP Modifiers could be used with MPL Orders; however,
whether an MPL Order with an STP Modifier would be cancelled would
depend on what type of order was on the contra-side. Consistent with
Rule 13--Equities governing STP Modifiers, an MPL Order with an STP
Modifier would not execute against either another MPL Order or a non-
MPL Order with an STP Modifier with the same market participant
identifier (``MPID''). The Exchange would follow the rules set forth
for cancelling an MPL Order (i.e., whether the incoming or resting MPL
Order gets cancelled) if the contra-side order with the same MPID was
another MPL Order. However, the Exchange would not cancel an MPL Order
with an STP Modifier when the contra-side order with the same MPID was
a non-MPL Order. Instead, if an MPL Order with an STP Modifier and a
non-MPL Order with an STP Modifier with the same MPID would participate
in the same trade, the MPL Order would not participate in the execution
and would be maintained in Exchange systems.
    Further, as proposed, Users could designate an MPL Order with an
ALO Modifier (``MPL-ALO Order''). An MPL-ALO Order would not execute on
arrival, even if marketable, but would remain non-displayed in the NYSE
MKT book until triggered to trade by arriving marketable interest;
however, an incoming non-marketable MPL-ALO Order could trigger a
discretionary

trade.\6\ An MPL-ALO Order would be only eligible to trade against
incoming contra-side interest, and would ignore contra-side interest
resting in the NYSE MKT book. A resting MPL-ALO Order would not be
eligible to trade when arriving, same-side interest triggered a trade
with contra-side interest. An MPL-ALO Order must be at least one round
lot.
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    \6\ An MPL-ALO Order triggering a discretionary trade would be
the ``liquidity provider,'' and the triggered discretionary order
would be the ``liquidity taker.''
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    Because an MPL Order would not be eligible for manual executions,
including openings, re-openings, or closing transactions, MPL Orders
would not be available to be designated as Limit ``On-the-Open''
(``LOO'') or Limit ``At-the-Close'' (``LOC'') Orders. The Exchange
believes it is appropriate to not permit such a combination because the
midpoint concept is not compatible with single-priced transactions that
occur during the openings, re-openings, or closing transactions. As
fully undisplayed interest, MPL Orders would not be visible to the DMM
on the Floor under any circumstances.
    As proposed, MPL Orders would be available for any participant at
the Exchange, unless specifically noted otherwise. DMM interest entered
via the CCS pursuant to Rule 1000 would not be permitted to be
designated as MPL Orders. The CCS is a liquidity schedule setting forth
various price points at which the DMM is willing to interact with
incoming orders. The CCS informs the Display Book of the number of
shares that the DMM is willing to trade at price points outside, at,
and inside the Exchange Best Bid or Offer. CCS interest will either
execute at the price at which the full size of the order can be
satisfied (the ``completion price'') or at the next price that is one
minimum price variation (``MPV'') or more higher (in the case of an
order to sell) or lower (in the case of an order to buy). Therefore,
because MPL Orders are priced at the midpoint of the PBBO and could be
priced less than one MPV above or below the completion price, the
Exchange believes it is appropriate that CCS interest cannot be
designated as an MPL Order.
    While CCS interest cannot be designated as an MPL Order, CCS
interest would be eligible to interact with MPL Orders at the midpoint
of the PBBO, including sub-penny executions. Currently, CCS interest is
eligible to trade inside the Exchange BBO when eligible to trade at the
price of interest representing non-displayable reserve interest of
Reserve Orders and Floor broker agency interest files reserve interest.
The Exchange is proposing to expand this list by amending Rule
1000(f)(1)(B) to include MPL Orders. Therefore, CCS interest would also
be eligible to trade inside the Exchange BBO when eligible to trade at
the price of interest representing MPL Orders.
    The Exchange proposes to specify that MPL Orders would not be
available for d-Quotes. As described below, the Exchange proposes to
amend Rule 70.25--Equities to specify how a midpoint modifier would be
made available for d-Quotes. MPL Orders would not be available for
pegging interest. Pegging interest is set to track the PBB or the PBO
as the PBBO changes. The offset value for pegging interest is the
specified amount by which the price of the pegging interest differs
from the price of the interest to which it pegs. MPL Orders, on the
other hand, would always be priced at the midpoint of the PBBO. Thus,
the Exchange believes that the MPL Order and pegging interest are
incompatible and would not permit pegging interest to be designated as
an MPL Order.
    As further proposed, MPL Orders would not be available for Retail
Orders or Retail Price Improvement Interest, as defined in Rule 107C--
Equities. As noted below, MPL Orders could interact with incoming
Retail Orders.
D-Quotes Designated With a Midpoint Modifier
    The Exchange proposes to make a midpoint modifier available for d-
Quotes. A d-Quote is an e-Quote with discretionary instructions,
allowing Floor brokers to set a price range within which they are
willing to initiate or participate in a trade. The discretion is used,
as necessary, to initiate or participate in a trade with an incoming
order capable of trading at a price within the discretionary range. As
proposed, a d-Quote with a midpoint modifier would have a discretionary
range up to the midpoint of the PBBO.\7\
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    \7\ For clarity, the Exchange notes that the MPL Order and the
midpoint modifier are completely distinct functionality. An MPL
Order would always be priced at the midpoint of the PBBO and would
execute at such price. A d-Quote designated with a midpoint modifier
would use its discretion to execute up to the midpoint but could
execute at a less aggressive price. As such, a d-Quote with a
midpoint modifier would operate as a d-Quote that updated with
changes in the PBBO to set the discretionary price range to the
midpoint of the PBBO.
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    For example, assume the PBBO is 10.01 x 10.04, and a Floor broker
entered a sell d-Quote with a midpoint modifier and a floor price of
10.02. Because the midpoint of the PBBO is 10.025, which is above the
10.02 floor price, that d-Quote to sell would not execute at the 10.02
floor price while the PBBO is 10.01 x 10.04. If a limit order to buy
priced at 10.03 entered the market, the d-Quote would use one cent of
its price discretion and initiate a trade at 10.03. Additionally, if
the order to buy was an MPL Order, the d-Quote would use all of its
price discretion and initiate a trade at 10.025. However, if the limit
order to buy were priced at 10.02, the d-Quote would not exercise
discretion since the price of the limit order was outside the
discretionary range of the d-Quote, even though the floor price of the
d-Quote is within the limit order's price.
    Assume the same facts as above, except the PBBO has shifted to 9.99
x 10.03. Because the midpoint (10.01) is below the floor price, the d-
Quote with a midpoint modifier would be eligible to execute at its
floor price. As a result, if an incoming limit order to buy were priced
at 10.02, the d-Quote would be eligible to use its price discretion to
initiate a trade at 10.02. However, if the limit order to buy were
priced at 10.01, because the floor of the discretionary price range for
the d-Quote is 10.02, the d-Quote would not initiate a trade with that
buy order priced at 10.01.
    In order to accommodate the use of a midpoint modifier, the
Exchange is proposing to amend Rule 70.25(b)(ii)--Equities, which
states that the minimum price range for a d-Quote is the minimum price
variation set forth in Exchange Rule 62--Equities. Rule 62--Equities
sets the minimum price variation to $0.01 for stocks priced greater
than $1.00. However, with the midpoint modifier, a d-Quote can have a
minimum price variation of $0.005. Therefore, the Exchange is proposing
to amend this restriction by excepting d-Quotes with a midpoint
modifier.
Incorporation of MPL Orders Into Retail Liquidity Program
    As proposed, MPL Orders would be available to interact with Retail
Orders within the Retail Liquidity Program (the ``Program''). The
Program, which is a pilot program, is designed to attract retail order
flow to the Exchange, and allows such order flow to receive potential
price improvement. Under the Program, Retail Liquidity Providers
(``RLPs'') are able to provide potential price improvement in the form
of a non-displayed order that is priced better than the PBBO, called a
Retail Price Improvement Order (``RPI''). Retail Member Organizations
(``RMOs'') can submit a Retail Order to the Exchange, which interacts,
to the extent possible, with available contra-side RPIs.

    Pursuant to Rule 107C(k)--Equities, Retail Orders may be designated
as Type 1, Type 2, or Type 3. A Type 1 Retail Order interacts with
available contra-side RPIs and does not interact with other available
contra-side interest in Exchange systems or route to other markets. A
Type 2 Retail Order interacts with available contra-side RPIs and any
remaining portion of the Retail Order is executed as a Regulation NMS-
compliant Immediate or Cancel Order pursuant to NYSE MKT Rule 13--
Equities. A Type 3 Retail Order interacts first with available contra-
side RPIs and any remaining portion of the Retail Order is executed as
an Exchange Immediate or Cancel Order pursuant to Rule 13--Equities.
    The Exchange proposes to amend Rules 107C(k) and (l)--Equities to
permit all Retail Orders to interact with, in addition to available
contra-side RPIs, available contra-side MPL Orders. When determining
the price to execute a Retail Order, Exchange systems would consider
all eligible RPIs and MPL Orders. If the only interest was MPL Orders,
the Retail Order would execute at the midpoint of the PBBO. If the only
interest was RPIs, then the execution would occur at the price level
that completes the incoming order's execution. If both RPIs and MPL
Orders were present, Exchange systems would evaluate at what price
level the incoming Retail Order could be executed in full (``clean-up
price''). If the clean-up price was equal to the midpoint of the PBBO,
RPIs would receive priority over MPL Orders, and Retail Orders would
execute against both RPIs and MPL Orders at the midpoint. If the clean-
up price was worse than the midpoint of the PBBO, the Retail Order
would execute first with the MPL Orders at the midpoint of the PBBO and
any remaining quantity of the Retail Order would execute with the RPIs
at the clean-up price. If the clean-up price was better than the
midpoint of the PBBO, then the Retail Order would execute against the
RPIs at the clean-up price and would ignore the MPL Orders.
    The following example illustrates the incorporation of MPL Orders
into the Program:

PBBO for security DEF is $10.00--10.01
RLP 1 enters a Retail Price Improvement Order to buy DEF at $10.006 for
500.
RLP 2 enters a Retail Price Improvement Order to buy DEF at $10.005 for
500.
MPL 1 enters an MPL Order to buy DEF at $10.01 for 1000.
RLP 3 enters a Retail Price Improvement Order to buy DEF at $10.002 for
1000.

    An incoming Retail Order to sell DEF for 2,500 arrives. The clean-
up price is $10.002. Because the midpoint of the PBBO is priced better
than the clean-up price, the Retail Order executes with MPL 1 for 1000
shares at $10.005. The Retail Order then executes at $10.002 against
RLP 1's bid for 500, because it is the best-priced bid, then against
RLP 2's bid for 500 because it is the next best-priced bid and then RLP
3 receives an execution for 500 of its bid for 1000, at which point the
entire size of the Retail Order to sell 2,500 is depleted.
    Assume the same facts above. An incoming Retail Order to sell DEF
for 1,000 arrives. The clean-up price is $10.005. Because the clean-up
price is equal to the midpoint of the PBBO, RPIs will receive priority
over MPL Orders. As a result, the Retail Order executes first against
RLP 1's bid for 500, because it is the best-priced bid, then against
RLP 2's bid for 500 because it is the next best-priced bid, at which
point the entire size of the Retail Order to sell 1,000 is depleted.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \8\ of the
Act, in general, and furthers the objectives of Section 6(b)(5),\9\ in
particular, in that it is designed to promote just and equitable
principles of trade, 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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposal is designed to remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the introduction of the MPL Order on
the Exchange will increase competition, not only between market
participants, but also between exchanges offering similar
functionality. The MPL Order will enable Members to enter an order that
is not displayed publicly but is to be executed at the midpoint of the
PBBO. The Exchange believes this order type will enhance order
execution opportunities on the Exchange and help provide Members with
flexibility in executing transactions that meet the specific
requirements of the order type. MPL Orders will allow for additional
opportunities for investors to interact with orders priced at the
midpoint of the PBBO, thus providing price improving liquidity to
investors. The MPL Order will offer market participants added
functionality and additional trading opportunities similar to what is
offered in other trading venues.
    Additionally, the Exchange believes that the MPL Order definition
is clear and transparent, thus ensuring the conditions under which an
MPL Order will be executed, accepted by Exchange systems, or rejected,
and therefore is designed to promote just and equitable principles of
trade.
    The Exchange believes the incorporation of the MPL Order into the
Retail Liquidity Program will further the objectives of the Program and
is therefore designed to protect investors and the public interest. The
Program was designed to increase competition among execution venues,
encourage additional liquidity, and offer the potential for price
improvement to retail investors. By including MPL Orders as available
contra-side interest for Retail Orders, the proposal creates additional
incentives to attract retail order flow to the exchange environment and
ensures that retail investors benefit from the better prices afforded
by MPL Orders.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes the
proposed MPL Order will enhance order execution opportunities for
member organizations. Further, the Exchange believes the MPL Order will
enhance competition between the Exchange and other exchanges that
currently offer similar order types by offering investors another
option to access liquidity at the midpoint of the PBBO.
    Additionally, by incorporating MPL Orders into the Retail Liquidity
Program, the proposal will promote competition for retail order flow
among execution venues, and will benefit retail investors by creating
additional price improvement opportunities for their order flow.
Because the MPL Order is priced at the midpoint of the PBBO, any Retail
Order that executes against the MPL Order will be receiving price
improvement. As such, the proposal enhances the Program and its
objectives by creating additional incentives to attract retail order
flow to the exchange environment, while helping to ensure that retail
investors benefit from the better prices that Members submitting MPL
Orders are willing to provide.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be 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_ADDRESS>Please include
File No. SR-NYSEMKT-2013-84 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSEMKT-2013-84. 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 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 such 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 No. SR-NYSEMKT-2013-84 and should be
submitted on or before December 26, 2013.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28972 Filed 12-3-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 11, 2006 (Volume 71, Number 237)]
[Notices]
[Page 71597-71598]
[DOCID:fr11de06-77]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54870; File No. SR-OPRA-2006-02]

Options Price Reporting Authority; Notice of Filing of Proposed
Amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information To Provide That Classes of Foreign
Currency Options Newly Introduced for Trading by Any of the Parties to
the Plan Be Treated Under the Provision ``Special Temporary Provision
for Newly Traded FCO Securities'' During a Temporary Period Ending on
December 31, 2007

December 5, 2006.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on November 17, 2006, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed OPRA
Plan amendment would provide that classes of Foreign Currency Options
(``FCO Securities'' or ``FCOs''), newly introduced for trading in the
securities markets maintained by any of the parties to the OPRA Plan,
will be treated by OPRA under the provision ``Special Temporary
Provision for Newly Traded FCO Securities'' during a temporary period
ending on December 31, 2007. The Commission is publishing this notice
to solicit comments from interested persons on the proposed OPRA Plan
amendment.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://www.opradata.com
.

    The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The six participants to the OPRA Plan are
the American Stock Exchange LLC, the Boston Stock Exchange, Inc.,
the Chicago Board Options Exchange, Inc., the International
Securities Exchange, Inc. (``ISE''), the NYSE Arca, Inc., and the
Philadelphia Stock Exchange, Inc. (``Phlx'').
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I. Description and Purpose of the Amendment

    Under the terms of the OPRA Plan, subject to the exception
described in Section VIII(c)(iii), FCOs traded on any of the exchanges
that are parties to the Plan are ordinarily assigned to a separate
``FCO service'' rather than OPRA's ``basic service'' to which equity
and index options are assigned. As a result, subject to the exception
described below, separate fees and charges are imposed for access to
the FCO service, and all revenues and expenses pertaining to the FCO
service are allocated to a separate ``FCO Accounting Center''
established under Section VIII(c) of the OPRA Plan.
    To date, FCOs have been traded only on the Phlx. In late 2005, at
the request of the Phlx and with the Commission's approval, OPRA
amended Section VIII(c) of the ORPA Plan by adding a new subparagraph
(iii) thereto, which provides that during a temporary period ending on
December 31, 2007, new classes of FCO Securities introduced for trading
on Phlx (such classes are defined as ``New FCO Securities'') will be
included in OPRA's basic service and not in its FCO service.\4\ The
effect of the amendment is to treat New FCO

Securities as if they were equity options and not FCO Securities, with
the result that during the period when subparagraph (c)(iii) of Section
VIII is in effect, access to market information pertaining to New FCO
Securities is not subject to the separate fees and charges that apply
to OPRA's FCO service, and revenues and expenses pertaining to market
information pertaining to New FCO Securities are not allocated to
OPRA's FCO accounting center, but instead are allocated to its basic
accounting center.
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    \4\ See Securities Exchange Act Release No. 52901 (December 6,
2005), 70 FR 74061 (December 14, 2005).
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    The ISE recently advised OPRA that it intends to commence trading
in certain classes of FCOs, and it represented that none of the FCOs it
intends to trade will be fungible with classes of FCOs traded on the
Phlx. Since by its terms Section VIII(c)(iii) of the OPRA Plan
currently applies only to new classes of FCOs that are listed on the
Phlx, in response to the ISE's request, OPRA now proposes to amend that
Section to make it apply to all classes of FCOs newly listed by any
exchange that is a party to the OPRA Plan while that Section remains in
effect. This will assure that all classes of newly listed FCOs will be
treated the same by being included in OPRA's basic service, rather than
in its FCO service regardless of the exchange on which those classes
are traded.
    The text of the proposed amendment to the OPRA Plan is set forth
below. Text additions are in italics; deletions are bracketed.
* * * * *

VIII. Financial Matters

    (a)-(b) No Change.
    (c) FCO Accounting Center Costs and Revenues
    (i)-(ii) No Change.
    (iii) Special Temporary Provision for Newly Traded FCO Securities.
    This paragraph (c)(iii) applies only to FCO Securities that are
introduced for trading in the securities markets maintained by any of
the parties to the Plan [on the Philadelphia Stock Exchange (``PHLX'')]
during the period while this paragraph is in effect. FCO Securities
introduced for trading by any of the parties [PHLX] during this period
are referred to as ``New FCO Securities.''
    Notwithstanding anything in the Plan to the contrary, effective
during a temporary period ending on December 31, 2007, or on such
earlier date as may be established by the party or parties trading New
FCO Securities, written notice of which shall be given to the other
parties (``period of effectiveness''), access to information and
facilities pertaining to New FCO Securities shall not be subject to the
separate fees and charges that would otherwise apply to such access
pertaining to FCO Securities, but instead shall be subject to those
fees and charges that apply to Eligible Securities other than FCO
Options and Index Options. During the period of effectiveness, revenues
derived from New FCO Securities shall be allocated to OPRA's basic
accounting center and shall be further allocated among the parties as
described in section VIII(a)(iv), and trades in New FCO Securities
shall be treated as trades in Eligible Securities other than FCO
Options and Index Options and not as trades in FCO Securities. At the
close of business on the last day of the period of effectiveness, this
section VIII(c)(iii) shall automatically terminate and cease to be of
any further effect.
* * * * *

II. Implementation of the OPRA Plan Amendment

    The proposed amendment will be effective upon its approval by the
Commission pursuant to Section 11A of the Act \5\ and Rule 608
thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78k-1.
    \6\ 17 CFR 242.608.
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed OPRA
Plan 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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-OPRA-2006-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OPRA-2006-02. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed plan amendment that are
filed with the Commission, and all written communications relating to
the proposed plan amendment between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of OPRA. 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-OPRA-2006-02 and should be submitted on or before January 2, 2007.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(29).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E6-20964 Filed 12-8-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: June 4, 2009 (Volume 74, Number 106)]
[Proposed Rules]
[Page 26823-26826]
[DOCID:fr04jn09-26]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0342]
RIN 1625-AA00

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 33 CFR Part 165 to amend the
rules that restrict vessels from portions of water areas during events
that pose a hazard to public safety. The safety zones proposed in this
rulemaking are necessary to protect spectators, participants, and
vessels from the hazards associated with fireworks displays, air shows,
and other events.

DATES: Comments and related materials must reach the Coast Guard on or
before July 6, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0342 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call BM2 Adam Kraft, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at<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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0342), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0342'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0342 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE.,

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    This rule proposes the amendment of regulations in Sec.  165.929,
Annual Events requiring safety zones in the Captain of the Port Lake
Michigan zone. This rule proposes the removal of three events that do
not require establishment of a safety zone; revising the location of
three safety zones, revising the enforcement date and time of two
safety zones; and the addition of three recurring safety zones. These
safety zones are necessary to protect vessels and people from the
hazards associated with fireworks displays. Such hazards include
obstructions to the waterway that may cause marine casualties and the
explosive danger of fireworks and debris falling into the water that
may cause death or serious bodily harm.

Discussion of Proposed Rule

    The proposed rule and associated safety zones are necessary to
ensure the safety of vessels and people during events in the Captain of
the Port Lake Michigan area of responsibility that may pose a hazard to
the public. The proposed safety zones will be enforced only immediately
before and during events that pose a hazard to the public. If the event
concludes prior to the scheduled termination time, the Coast Guard will
cease enforcement of the safety zone and will announce that fact via
Broadcast Notice to Mariners or Local Notice to Mariners.

Regulatory Evaluation

    This proposed 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.
    The Coast Guard's use of these safety zones will be periodic in
nature, of short duration, and designed to minimize the impact on
navigable waters. These safety zones will only be enforced immediately
before and during the time the events are occurring. Furthermore, these
safety zones have been designed to allow vessels to transit
unrestricted to portions of the waterways not affected by the safety
zones. The Coast Guard expects insignificant adverse impact to mariners
from the activation of these safety zones.

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 proposed rule would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in the areas designated as safety zones
during the dates and times the safety zones are being enforced. These
safety zones would not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zones in this proposed rule would be in effect for short periods
of time and only once per year. The safety zones have been designed to
allow traffic to pass safely around the zone whenever possible and
vessels will be allowed to pass through the zones with the permission
of the Captain of the Port.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact BM2 Adam Kraft, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154. 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 calls 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 a 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 proposed 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 proposed rule will not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.

Taking of Private Property

    This proposed rule will not effect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create 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 safety zones and fishing rights
protection need not be incompatible. We have also determined that this
Proposed 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 proposed 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 procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive 023-
01, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
environmental analysis check list supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. In Sec.  165.929 make the following amendments:
    a. In paragraph (a)(4), revise paragraph (ii).
    b. In paragraph (a)(11), revise paragraph (i).
    c. In paragraph (a)(15), revise paragraph (ii).
    d. In paragraph (a)(26), revise paragraph (i).
    e. In paragraph (a), revise paragraph (33).
    f. In paragraph (a), remove and reserve paragraph (37).
    g. In paragraph (a), revise paragraph (38).
    h. In paragraph (a)(49), revise paragraph (i).
    i. In paragraph (a), add paragraph (67).
    The amendments read as follows:

Sec.  165.929  Safety Zones; Annual events requiring safety zones in
the Captain of the Port Lake Michigan zone.

    (a) * * *
    (4) * * *
    (ii) Enforcement date and time. The second Saturday of May; 8 a.m.
to 5 p.m.
* * * * *
    (11) * * *
    (i) Location. All waters of the Grand River within the arc of a
circle with a 500-foot radius from the fireworks launch site located on
a barge in position 43[deg]04'24'' N, 086[deg]12'17'' W (NAD 83).
* * * * *
    (15) * * *
    (i) * * *
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m., July 4;
9 p.m. to 11 p.m., and July 5; 9 p.m. to 11 p.m.
* * * * *
    (26) * * *
    (i) Location. All waters of Muskegon Lake within the arc of a
circle with a 1,000-foot radius from a fireworks launch site located on
a barge in position 43[deg]14'13'' N, 086[deg]15'54'' W (NAD 83).
* * * * *
    (33) New Buffalo Independence Day Fireworks; New Buffalo, IN.
    (i) Location. All waters of Lake Michigan and New Buffalo Harbor
within the arc of a circle with a 1,000-foot radius from the fireworks
launch site located in position 41[deg]48'09'' N, 086[deg]44'49'' W
(NAD 83).
    (ii) Enforcement date and time. The first Friday after July 4; 9
p.m. to 11 p.m.
* * * * *
    (37) [Reserved]
    (38) Gills Rock July 4th Fireworks; Gills Rock, WI.
    (i) Location. All waters of Green Bay, in the vicinity of Hedgehog
Harbor, within the arc of a circle with a 800-foot radius from the
fireworks launch site located on a in position 45[deg]17'20'' N,
087[deg]01'32'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks

are cancelled due to inclement weather, then this section will be
enforced July 5; 9 p.m. to 11 p.m.
* * * * *
    (49) * * *
    (i) Location. All waters of Muskegon Lake within the arc of a
circle with a 1,000-foot radius from a fireworks barge located in
position 43[deg]14'13'' N, 086[deg]15'54'' W (NAD 83).
* * * * *
    (67) Sister Bay Marina Fest Fireworks; Sister Bay, WI.
    (i) Location. All waters of Green Bay, in the vicinity of Sister
Bay, within the arc of a circle with a 800-foot radius from the
fireworks launch site located on a boat in position 45[deg]11'30'' N,
087[deg]07'20'' W (NAD 83).
    (ii) Enforcement date and time. The Saturday prior to Labor Day; 9
p.m. to 11 p.m.
* * * * *

    Dated: May 7, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E9-12985 Filed 6-3-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: April 16, 2008 (Volume 73, Number 74)]
[Notices]
[Page 20636-20638]
[DOCID:fr16ap08-52]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0026; FRL-8353-4]

National Advisory Committee for Acute Exposure Guideline Levels
for Hazardous Substances; Proposed AEGL Values; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The National Advisory Committee for Acute Exposure Guideline
Levels (AEGLs) for Hazardous Substances (NAC/AEGL Committee) is
developing AEGLs values on an ongoing basis to provide Federal, State,
and local agencies with information on short-term exposures to
hazardous chemicals. This notice provides a list of 62 hazardous
chemicals for proposed AEGL values that are available for public review
and comment. Comments are welcome on both the proposed AEGL values and
the Technical Support Documents placed in the public version of the
official docket.

DATES: Comments must be received on or before May 16, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0026, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2008-0026. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0026. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at

http://www.regulations.gov, or, if only available in hard copy, at the
OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/
DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Paul S. Tobin, Designated
Federal Officer (DFO), Office of Pollution Prevention and Toxics
(7403M), Office of Pollution Prevention and Toxics , 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?

    This action is directed to the general public to provide an
opportunity for review and comment on proposed AEGL values and their
supporting scientific rationale. This action may be of particular
interest to anyone who may be affected if the AEGL values are adopted
by government agencies for emergency planning, prevention, or response
programs, such as EPAs Risk Management Program under the Clean Air Act
and Amendments Section 112r. It is possible that other Federal agencies
besides EPA, as well as State and local agencies and private
organizations, may adopt the AEGL values for their programs. As such,
the Agency has not attempted to describe all the specific entities that
may be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the DFO
listed under FOR FURTHER INFORMATION CONTACT.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA's Office of Prevention, Pesticides and Toxic Substances (OPPTS)
provided notice in the Federal Register of October 31, 1995 (60 FR
55376) (FRL-4987-3) of the establishment of the NAC/AEGL Committee with
the stated charter objective as ``the efficient and effective
development of AEGLs and the preparation of supplementary qualitative
information on the hazardous substances for Federal, State, and Local
agencies and organizations in the private sector concerned with
[chemical] emergency planning, prevention, and response.'' The NAC/AEGL
Committee is a discretionary Federal advisory committee formed with the
intent to develop AEGL values for hazardous chemicals through the
combined efforts of stakeholder members from both the public and
private sectors in a cost-effective approach that avoids duplication of
efforts and provides uniform values, while employing the most
scientifically sound methods available.
    This action provides notice of availability, for public review and
comment, of proposed AEGL values and underlying supporting documents
for 62 hazardous chemicals. These AEGL values represent the 11\th\ set
of exposure levels proposed and published by the NAC/AEGL Committee.
These 11 sets of AEGL values cover 239 hazardous chemicals. Background
information on the AEGL Program may be found in the earlier Federal
Register notices available in regulations.gov or on the AEGL website
(http://www.epa.gov/oppt/aegl).
    Following public review and comment, the NAC/AEGL Committee will
reconvene to consider relevant comments, data, and information that may
have an impact on the NAC/AEGL Committee's position and will again seek
consensus for the establishment of interim AEGL values. Although the
interim AEGL values will be available to Federal, State, and local
agencies and to organizations in the private sector as biological
reference values, it is intended to have them reviewed by a
subcommittee of the National Academies (NAS). The NAS subcommittee will
serve as a peer review of the interim AEGL values and as the final
arbiter in the resolution of issues regarding the AEGL values, and the
data and basic methodology used for setting AEGL values. Following
concurrence, final AEGL values will be published under the auspices of
NAS.

III. List of Chemicals

    On behalf of the NAC/AEGL Committee, EPA is providing an
opportunity for public comment on the proposed AEGL values for the 62
hazardous chemicals identified in the table in this unit. Technical
Support Documents and key references may be obtained in the Docket
described under ADDRESSES.

------------------------------------------------------------------------
               Chemical Name                          CAS Number
------------------------------------------------------------------------
1,2-Dibromoethane                           106-93-4
------------------------------------------------------------------------
2-Ethylhexyl chloroformate                  24468-13-1
------------------------------------------------------------------------
Acrylonitrile                               107-13-1
------------------------------------------------------------------------
Allyl chloride                              107-05-1
------------------------------------------------------------------------
Allyl chloroformate                         2937-50-0
------------------------------------------------------------------------
Allyl trichlorosilane                       107-37-9
------------------------------------------------------------------------
Amyl trichlorosilane                        107-72-2
------------------------------------------------------------------------
Benzyl chloroformate                        501-53-1
------------------------------------------------------------------------
Boron tribromide                            10294-33-4
------------------------------------------------------------------------
Bromine chloride                            13863-41-7
------------------------------------------------------------------------
Butyl trichlorosilane                       7521-80-4
------------------------------------------------------------------------
BZ (3-quinuclidinyl benzilate)              6581-06-2
------------------------------------------------------------------------
Carbonyl fluoride                           353-50-4
------------------------------------------------------------------------
Carbonyl sulfide                            463-58-1
------------------------------------------------------------------------
Chlorobenzene                               108-90-7
------------------------------------------------------------------------
Chloromethyltrichlorosilane                 1558-25-4
------------------------------------------------------------------------
Chloropicrin                                76-06-2
------------------------------------------------------------------------
Chlorosulfonic acid                         7790-94-5
------------------------------------------------------------------------
Chlorotrifluroethylene                      79-38-9
------------------------------------------------------------------------
Dichlorosilane                              4109-96-0
------------------------------------------------------------------------
Diethyldichlorosilane                       1719-53-5
------------------------------------------------------------------------
Diketene                                    674-82-8
------------------------------------------------------------------------
Dimethylamine                               124-40-3
------------------------------------------------------------------------
Dimethylchlorosilane                        1066-35-9
------------------------------------------------------------------------
Diphenyldichlorosilane                      80-10-4
------------------------------------------------------------------------
Docecyltrichlorosilane                      4484-72-4
------------------------------------------------------------------------
Ethyl chloroformate                         541-41-3
------------------------------------------------------------------------
Ethyl chlorothioformate                     2941-64-2
------------------------------------------------------------------------
Ethylamine                                  75-04-7
------------------------------------------------------------------------
Ethylene chlorohydrin                       107-07-3
------------------------------------------------------------------------
Ethyltrichlorosilane                        115-21-9
------------------------------------------------------------------------
Hexyltrichlorosilane                        928-65-4
------------------------------------------------------------------------
Isobutyl chloroformate                      543-27-1
------------------------------------------------------------------------
Isopropyl chloroformate                     108-23-6
------------------------------------------------------------------------
Methacrylaldehyde                           78-85-3
------------------------------------------------------------------------
Methanesulfonyl chloride                    124-63-0
------------------------------------------------------------------------
Methyl amine                                74-89-5
------------------------------------------------------------------------
Methyl chloroformate                        79-22-1
------------------------------------------------------------------------
Methyl vinyl ketone                         78-94-4
------------------------------------------------------------------------
Methylvinyldichlorosilane                   124-70-9
------------------------------------------------------------------------
n-Butyl chloroformate                       592-34-7
------------------------------------------------------------------------
Nonyltrichlorosilane                        5283-67-0
------------------------------------------------------------------------
Octadecyltrichlorosilane                    112-04-9
------------------------------------------------------------------------
Octyltrichlorosilane                        5283-66-9
------------------------------------------------------------------------
Osmium tetroxide                            20816-12-0
------------------------------------------------------------------------
Oxygen difluoride                           7783-41-7
------------------------------------------------------------------------
Pentaborane                                 19624-22-7
------------------------------------------------------------------------
Phenyl chloroformate                        1885-14-9
------------------------------------------------------------------------
Propyl chloroformate                        109-61-5
------------------------------------------------------------------------
Propyltrichlorosilane                       141-57-1
------------------------------------------------------------------------
sec-Butyl chloroformate                     17462-58-7
------------------------------------------------------------------------
Silicon tetrachloride                       10026-04-7
------------------------------------------------------------------------
Silicon tetrafluoride                       7783-61-1
------------------------------------------------------------------------
Stibine (Antimony hydride)                  7803-52-3
------------------------------------------------------------------------
Sulfuryl fluoride                           2699-79-8
------------------------------------------------------------------------
Tetrafluoroethylene                         116-14-3
------------------------------------------------------------------------
Thionyl chloride                            7719-09-7
------------------------------------------------------------------------
Trichloro(dichlorophenyl)silane             27137-85-5
------------------------------------------------------------------------
Trichlorophenylsilane                       98-13-5
------------------------------------------------------------------------
Trichlorosilane                             10025-78-2
------------------------------------------------------------------------
Trimethylamine                              75-50-3
------------------------------------------------------------------------
Vinyltrichlorosilane                        75-94-5
------------------------------------------------------------------------
------------------------------------------------------------------------

List of Subjects

    Environmental protection, Acute Exposure Guideline Levels,
Hazardous substances.

    Dated: April 10, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E8-8184 Filed 4-15-08; 8:45 am]

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