[Federal Register: February 20, 2007 (Volume 72, Number 33)]
[Notices]
[Page 7780-7782]
[DOCID:fr20fe07-28]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55277; File No. SR-Amex-2007-19]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Revise the AEMI Rules to Conform to Changes Previously Made to the
AEMI-One Rules for the Pilot

February 12, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 9, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') 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 substantially prepared by the
Exchange. Amex has filed this proposal pursuant to Section 19(b)(3)(A)
of the Act \3\ and Rule 19b-4(f)(5) thereunder,\4\ which renders it
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).
    \4\ 17 CFR 240.19b-4(f)(5).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt changes to its AEMI rules to match
several changes that have already been approved and implemented as part
of the Exchange's AEMI-One rules. The proposed changes would: (i)
Eliminate the order types ``buy minus'' and ``sell plus''; (ii) revise
the descriptions of ``stop order'' and ``stop limit order'' to provide
that ``too marketable'' stop and stop limit orders for exchange-traded
funds (``ETFs'') will be executed, not rejected; (iii) codify the
Exchange's interpretation that a Specialist will not be deemed to be
``trading ahead'' of a percentage order if an aggressing order that
executes against the Specialist's quote automatically elects the
percentage order but the percentage order is not executed by that
aggressing order due to insufficient remaining interest; (iv) revise
the definition of ``specialist emergency quote'' to provide for an
Exchange-wide upper limit on the number of such quotes that can be
sequentially generated; (v) revise the definition of ``stabilizing
quote'' to provide that such a quote may be issued when orders or
quotes on the AEMI Book are exhausted and that auto-ex would be
disabled after such a quote is generated so that the Specialist may
step in to re-quote the market; (vi) revise two rules (including the
definition of ``intermarket sweep order'') to provide, as required by
Regulation NMS, that members who choose to send intermarket sweep
orders to the Exchange will be obligated to protect the same quotations
of other market centers that the Exchange is obligated to protect; and
(vii) correct two internal references in Rule 205-AEMI and add a new
subparagraph to provide for the execution of an unexecuted odd-lot
balance on an aggressing order that is the result of an unexecuted odd-
lot balance on an intermarket sweep order that was routed to another
market by the AEMI platform to access a better-priced protected
quotation.
    The text of the proposed rule change is available on the Amex's Web
site at http://www.amex.com, at the Exchange's principal office, 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 Amex 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. Amex 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
    The Exchange has recently adopted two sets of rules in connection
with the operation of its new hybrid market trading platform for equity
products and ETFs, designated as AEMISM (the ``Auction and
Electronic Market Integration'' platform). The initial version of AEMI
is referred to as ``AEMI-One'' and is currently operational on a pilot
basis \5\ through the day prior to the final date set by the Commission
for full operation of all automated trading centers that intend to
qualify their quotations for trade-through protection under Rule 611
\6\ of Regulation NMS (the latter date being referred to as the
``Trading Phase Date'').\7\ On the Trading Phase Date, the regular AEMI
rules will become effective \8\ and the AEMI-One rules will cease to be
operative. In the final amendment to the AEMI-One rules just prior to
their approval by the Commission, the Exchange made several changes
that are now reflected in those AEMI-One rules. In addition, the
Exchange subsequently filed with the Commission a proposed change to
the AEMI-One rule on odd-lot order execution that was immediately
effective on filing and that provides for the execution of an
unexecuted odd-lot balance on an aggressing order that is the result of
an unexecuted odd-lot

balance on an order that was routed to another market by the AEMI
platform to access a better-priced protected quotation.\9\ The purpose
of this filing is simply to make conforming changes to the regular AEMI
rules so that they match the corresponding AEMI-One rules that have
been approved by the Commission and that are currently effective.
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    \5\ See Securities Exchange Act Release No. 54709 (November 3,
2006), 71 FR 65847 (November 9, 2006) (SR-Amex-2006-72) (Order
Approving a Proposed Rule Change and Amendment No 1 Thereto, and
Notice of Filing and Order Granting Accelerated Approval to
Amendment No. 3, to Adopt New Rules to Implement on a Pilot Basis an
Initial Version of AEMI, Its Proposed New Hybrid Market Trading
Platform for Equity Products and Exchange Traded Funds).
    \6\ 17 CFR 242.611. The Order Protection Rule requires trading
centers to establish, maintain, and enforce written policies and
procedures reasonably designed to prevent the execution of trades at
prices inferior to protected quotations displayed by other trading
centers, subject to certain exceptions.
    \7\ The Trading Phase Date is currently established as March 5,
2007.
    \8\ See Securities Exchange Act Release No. 54552 (September 29,
2006), 71 FR 59546 (October 10, 2006) (SR-Amex-2005-104) (Order
Approving a Proposed Rule Change and Amendments No. 1, 2, 3, 4, and
5 Thereto, and Notice of Filing and Order Granting Accelerated
Approval to Amendment No. 6, to Establish a New Hybrid Trading
System Known as AEMI).
    \9\ See Securities Exchange Act Release No. 54866 (December 4,
2006), 71 FR 71598 (December 11, 2006) (SR-Amex-2006-111) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Odd-Lot Rejections by Away Markets in the AEMI-One Pilot).
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Elimination of ``Buy Minus'' and ``Sell Plus'' Order Types
    The Exchange proposes to remove the order types ``buy minus'' and
``sell plus'' from Rule 131-AEMI(n) (and all references thereto in the
AEMI rules) due to lack of demand for these order types and the
complexity of the coding that would be involved to incorporate them
into the AEMI platform.
Execution of ``Too Marketable'' Stop and Stop Limit Orders for ETFs
    The Exchange proposes to revise the descriptions of ``stop order''
in Rule 131-AEMI(o) and ``stop limit order'' in Rule 131-AEMI(p) to
provide that ``too marketable'' stop and stop limit orders for ETFs
will be executed, not rejected.
Codification of Exchange Interpretation Regarding ``Trading Ahead'' of
a Percentage Order
    The Exchange proposes to codify as Commentary .01 to Rule 154-AEMI
its interpretation, based on several of the AEMI rules, that a
Specialist will not be deemed to be ``trading ahead'' of a percentage
order (of which he is the agent) if (i) An aggressing order that
executes against the Specialist's quote automatically ``elects'' the
percentage order (making it eligible for immediate execution) and (ii)
the percentage order is not executed by that aggressing order due to
insufficient remaining interest and therefore reverts back to unelected
status. Additionally, the proposed Commentary will provide that any
subsequent trade by the Specialist for his own account at the limit
price of the percentage order will not constitute ``trading ahead'' if
the percentage order has not been otherwise re-elected at that time.
Revised Definitions of ``Specialist Emergency Quote'' and ``Stabilizing
Quote''
    The Exchange proposes to revise the definition of ``specialist
emergency quote'' in Rule 1A-AEMI to provide for an exchange-wide upper
limit (not to exceed ten) on the number of specialist emergency quotes
that may be sequentially generated. A change in the definition of
``stabilizing quote'' is also proposed to provide that a stabilizing
quote may be issued when orders or quotes on the AEMI Book are
exhausted, and that auto-ex would be disabled after the stabilizing
quote is generated so that the Specialist may step in to re-quote the
market.
Obligation of Members to Protected Quotations at Other Market Centers
    The Exchange proposes to add language to the definition of an
``intermarket sweep order'' in Rule 131-AEMI(k) to provide, as required
by Regulation NMS, that members who choose to send such orders to the
Exchange will be obligated to protect the same quotations of other
market centers that the Exchange is obligated to protect. Specifically,
a member may submit an intermarket sweep order to the Exchange only if
the member simultaneously sends an intermarket sweep order for the full
displayed size of every other better-priced protected quotation
displayed by other trading centers. The same requirement is being added
to Rule 126A-AEMI (Protected Bids and Offers of Away Markets).
Revisions to Odd-Lot Order Execution Rule
    The Exchange proposes to correct two internal rule references in
Rule 205-AEMI so that they refer to the appropriate AEMI rules. In
addition, the Exchange proposes to add a new subparagraph (b)(viii) to
provide for the execution of an unexecuted odd-lot balance on an
aggressing order that is the result of an unexecuted odd-lot balance on
an intermarket sweep order that was routed to another market by the
AEMI platform to access a better-priced protected quotation.
Specifically, if a partial-lot trade is received from an away market in
response to an intermarket sweep order sent by AEMI, resulting in an
unexecuted balance which comprises an odd lot, then any unexecuted odd-
lot balance on the aggressing order (including the unexecuted odd-lot
balance from the intermarket sweep order) shall be traded immediately
against the Specialist at the last trade price of the intermarket sweep
order, and any remaining unexecuted round-lot balance shall reaggress
the AEMI Book in accordance with Rule 126A-AEMI. Illustrative examples
of the proposed rule provision were included in the related AEMI-One
filing referenced above.\10\
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    \10\ The corresponding AEMI-One rule refers to an ``away market
obligation'' (which is an immediate-or-cancel limit order) rather
than an ``intermarket sweep order'' based on the expectation that
not all markets would be able to receive and execute intermarket
sweep orders during the period of the AEMI-One pilot.
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    The Exchange asserts that the proposal to effect the foregoing
changes to the AEMI trading system does not significantly affect the
protection of investors or the public interest, does not impose any
significant burden on competition, and does not have the effect of
limiting the access to or availability of the system.
2. Statutory Basis
    The proposed rule change is designed to be consistent with
Regulation NMS, as well as consistent with Section 6(b) of the Act, in
general, and furthers the objectives of Section 6(b)(5),\11\ in
particular, in that it is 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.
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    \11\ 15 U.S.C. 78f(b)(5).
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 B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change will impose no burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act.

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

    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

    Because the proposed rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) have the effect of limiting
the access to or availability of an existing order entry or trading
system of the Exchange, the foregoing rule change has become effective
immediately pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and
Rule 19b-4(f)(5) \13\ thereunder. At any time within 60 days of the
filing of such proposed rule change, the Commission

may summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in the furtherance of the
purposes of the Act.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(5).
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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 at http://www.sec.gov/rules/sro.shtml.
; or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-Amex-2007-19 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 No. SR-Amex-2007-19. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of 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-Amex-2007-19 and should be submitted on or before March 13,
2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-2840 Filed 2-16-07; 8:45 am]

BILLING CODE 8010-01-P


1 E Mail Exchange with Sally Allen, Ad Hoc Small Refiner Coalition Regarding the Exclusion Area Concept, 12/ 12/ 2003 Document Creation Date: 3/ 19/ 2003 Jeff Herzog, EPA Sally Allen < SALLEN@ gwec. com>

12/ 12/ 2003 11: 12 AM To: Jeff Herzog/ AA/ USEPA/ US@ EPA cc:

Subject: Re: Potential approach re fuel marker requirements under the off highway diesel final rule I'll get you the names of the companies on my distribution list and those who respond  tho it may be mid next week. I think my list covers almost everyone. Are there specific companies you want to be sure to touch base with? I'm thinking particularly, for example, of American Refining in Bradford PA which is on my list. Most of the small refiners are west of the Mississippi and don't produce home heating oil, but I may be able to get more specific info on who does. Haven't yet had any response to my inquiry sent out yesterday.

Sally V. Allen Vice President, Administration & Governmental Affairs Gary Williams Energy Corporation 370 17th Street, Suite 5300 Denver, CO 80202 5653 303 628 3800 Fax: 303 628 3834 sallen@ gwec. com www. gwec. com >>> < Herzog. Jeff@ epamail. epa. gov> 12/ 11/ 03 11: 43AM >>>

Sally,

Yes. Please feel free to circulate what I sent to you. We are very interested in the perspective of small refiners on the approach. Do you think that you can represent all small off highway refiners, or are there some that I should contact directly?

Thanks Jeffrey A. Herzog, Mechanical Engineer United States Environmental Protection Agency National Vehicle and Fuel Emissions Laboratory Assessment and Standards Division 2000 Traverwood Drive 2 Ann Arbor, Michigan, 48105 Phone: ( 734) 214 4227 Fax: ( 734) 214 4816 E Mail: herzog. jeff@ epa. gov Sally Allen < SALLEN@ gwec. com> To: Jeff Herzog/ AA/ USEPA/ US@ EPA cc:

Received Date: Subject: Re: Potential approach re fuel marker 12/ 11/ 2003 requirements under the offhighwaydiesel final rule 12: 12: 06 PM Transmission Date: 12/ 11/ 2003 12: 12: 06 PM Jeff  thanks for this info. Am I correct in assuming it is ok with you if I circulate it to our small refiner for their comments?

Sally V. Allen Vice President, Administration & Governmental Affairs Gary Williams Energy Corporation 370 17th Street, Suite 5300 Denver, CO 80202 5653 303 628 3800 Fax: 303 628 3834 sallen@ gwec. com www. gwec. com >>> < Herzog. Jeff@ epamail. epa. gov> 12/ 11/ 03 08: 44AM >>>

Sally, I thought the following background information re the approach to the fuel marker issue that we are considering might be useful to you. We received comments from terminal operators and representatives of the heating oil industry that the proposed fuel marker requirement for heating oil ( necessary to support the small refiner and credits provisions) would result in a large burden to terminals that market heating oil ( cost of new injection equipment and the marker itself). They related that they did not expect any small refiner or credit fuel to be marketed in the North East where most heating oil is used. I floated the following idea out for the consideration of API/ NPRA/ IFTOA/ NORA and others. It is an attempt to balance the concerns of terminal operators in the North East with our desire to preserve the flexibilities offered by the small refiner and credits provisions. 3 Following is an excerpt from my earlier message on the subject: I have been exploring the idea raised by industry of excluding parts of PADD 1 from the proposed heating oil marker requirements ( for 2007 2010) a bit further.

Under such an approach:  Terminals in the exclusion area would not be required to add the marker to heating oil.  Terminals outside of the area would be required to add the marker to heating oil.  No high sulfur (> 500 ppm) small refiner or credit NRLM could be used in the exclusion area. All high sulfur fuel (> 500 ppm) would be for use as heating oil only.

I think that we might also have to put in place some restrictions on bulk shipments ( by pipeline and barge) of unmarked heating oil out of the exclusion area. Its currently unclear to me whether we would also need to put in place restrictions on the shipment by truck of unmarked heating oil out of the exclusion area.

If we were to take such an approach, my initial evaluation suggests that the following area might be the best fit wrt to reducing the potential costs of the proposed heating oil marker requirement while maintaining the potential benefits of the proposed small refiner and credit provisions: >>>> No marker would required in heating oil ( and no high sulfur small refiner and credit NRLM fuel would be allowed) in PADDs 1A and 1B except the area in PADDs 1A and 1B which also belongs to " Appalachian No. 1" ( i. e. Western NY, and PA, and West Virginia).

Following is a link to the EIA webpage where the various areas discussed above are defined:

http:// www. eia. doe. gov/ pub/ oil_ gas/ petroleum/ data_ publications/ petroleum_ suppl y_ annual/ psa_ volume1/ current/ pdf/ volume1_ appendix_ a. pdf Can you represent small refiner concerns wrt our potential adoption of this option?

Thanks Jeffrey A. Herzog, Mechanical Engineer United States Environmental Protection Agency National Vehicle and Fuel Emissions Laboratory Assessment and Standards Division 2000 Traverwood Drive Ann Arbor, Michigan, 48105 Phone: ( 734) 214 4227 Fax: ( 734) 214 4816 E Mail: herzog. jeff@ epa. gov


[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Rules and Regulations]
[Page 29884-29886]
[DOCID:fr28my10-2]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 100311137-0138-01]
RIN 0694-AE88

Implementation of Changes from the 2009 Annual Review of the
Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final Rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR)
to implement changes to the Entity List (Supplement No. 4 to Part 744)
on the basis of the 2009 annual review of the Entity List conducted by
the End-User Review Committee. The changes from the annual review will
be implemented in two rules. The first rule published today implements
the results of the annual review for listed entities under eleven
destinations on the Entity List: Canada, Egypt, Germany, Hong Kong,
Israel, Kuwait, Lebanon, Malaysia, South Korea, Singapore, and the
United Kingdom.
    The second rule will implement the results of the annual review for
entities listed under the remaining seven destinations that were
included in the 2009 annual review: China, India, Iran, Pakistan,
Russia, Syria, and the United Arab Emirates. Entities listed under the
destinations of Armenia, Ireland or Taiwan were not included in the
2009 annual review because they were added to the Entity List in 2009
or 2010.
    The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to entities identified on the
Entity List require a license from the Bureau of Industry and Security
and that availability of license exceptions in such transactions is
limited.

DATES: Effective Date: This rule is effective May 28, 2010. Although
there is no formal comment period, public comments on this regulation
are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE88, by any
of the following methods:
    E-mail<EMAIL_ADDRESS>Include ``RIN 0694-AE88'' in the
subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division,
by calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE88. Send comments regarding the collection of
information associated with this rule, including suggestions for
reducing the burden, to Jasmeet K. Seehra, Office of Management and
Budget (OMB), by e-mail to<EMAIL_ADDRESS>or by fax
to<PHONE_NUMBER>; and to the Regulatory Policy Division, Bureau of
Industry and Security, Department of Commerce, 14th St. & Pennsylvania
Avenue, NW., Room 2705, Washington, DC 20230. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e., RIN 0694-AE88)--all comments on the latter
should be submitted by one of the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Susan Kramer, Acting Chairman, End-
User Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to entities identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that availability of license exceptions in such transactions
is limited. Entities are placed on the Entity List on the basis of
certain sections of part 744 (Control Policy: End-User and End-Use
Based) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions to make additions to,
removals from and other changes to the Entity List. The ERC makes all
decisions to add an entry to the Entity List by majority vote and all
decisions to remove or modify an entry by unanimous vote.

2009 Annual Review of the Entity List

    This rule amends the Export Administration Regulations (EAR) to
implement changes to the Entity List (Supplement No. 4 to part 744) on
the basis of the 2009 annual review of the Entity List conducted by the
ERC, in accordance with the procedures outlined in Supplement No. 5 to
part 744 (Procedures for End-User Review Committee Entity List
Decisions).
    As of January 1, 2009, entities on the Entity List were listed
under one or more of eighteen different destinations. The changes from
the 2009 annual review of the Entity List that were approved by the ERC
will be implemented in two rules. The first rule published today
implements the results of the annual review for listed entities under
eleven destinations on the Entity List: Canada, Egypt, Germany, Hong
Kong, Israel, Kuwait, Lebanon, Malaysia, South Korea, Singapore, and
the United Kingdom. The second rule will implement the results of the
annual review for entities listed under the remaining seven
destinations: China, India, Iran, Pakistan, Russia, Syria, and the
United Arab Emirates. Entities listed under the destinations of
Armenia, Ireland or Taiwan were not included in the 2009 annual review
because they were added to the Entity List in 2009 or 2010.

 ERC Entity List Decisions

    This rule removes one entity from the Entity List under Hong Kong.
This rule also makes two modifications to the Entity List: by making a
correction to the address of one entity listed under Egypt, and by
making a clarification to the license requirement for one entity listed
under Israel. On the basis of the 2009 annual review, no additional
changes will be made to listed entities under the following eight
destinations: Canada, Germany, Kuwait, Lebanon, Malaysia, South Korea,
Singapore, and the United Kingdom.

Removal From the Entity List

    The entity being removed from the Entity List is located in Hong
Kong:

Hong Kong

    (1) Speedy Electronics Ltd., 1206-7, 12/F New Victory House, Hong
Kong.
    The removal of Speedy Electronics Ltd. from the Entity List (from
Hong Kong, as described above) eliminates the existing license
requirement in Supplement No. 4 to part 744 for exports, reexports and
transfers (in-country) to this entity. However, the removal of Speedy
Electronics Ltd. from the Entity List does not relieve persons of other
obligations under part 744 of the EAR or under other parts of the EAR.
Neither the removal of an entity from the Entity List nor the removal
of Entity List-based license requirements relieves persons of their
obligations under General Prohibition 5 in Sec.  736.2(b)(5) of the EAR
which provides that, ``you may not, without a license, knowingly export
or reexport any item

subject to the EAR to an end-user or end-use that is prohibited by part
744 of the EAR.'' Nor do such removals relieve persons of their
obligation to apply for export, reexport or in-country transfer
licenses required by other provisions of the EAR. BIS strongly urges
the use of Supplement No. 3 to part 732 of the EAR, ``BIS's `Know Your
Customer' Guidance and Red Flags,'' when persons are involved in
transactions that are subject to the EAR.

Modifications to the Entity List

    (1) This rule amends one Egyptian entry currently on the Entity
List by adding an additional address for the entity listed, as follows:

Egypt

    H Logic, Behind 14 Mahmoud Sedky St., El Ekbal, Alexandria, Egypt;
and 11 Abd El-Hamid Shoman St., Nasser City, Cairo.
    A BIS license is required for the export, reexport or transfer (in-
country) of any item subject to the EAR to H Logic, including any
transaction in which this listed entity will act as purchaser,
intermediate consignee, ultimate consignee, or end-user of the items.
This listing of this entity also prohibits the use of license
exceptions (see part 740 of the EAR) for exports, reexports and
transfers (in-country) of items subject to the EAR involving this
entity.
    (2) Finally, this rule amends one Israeli entry currently on the
Entity List (i.e., Ben Gurion University) by revising the license
requirement for the entity listed. This change was needed because the
license requirement for this listed entity prior to publication of this
rule was based on a section of the EAR that is no longer in the EAR
(i.e., Section 742.12 (High Performance Computers)). This section of
the EAR was removed and reserved on April 24, 2006 (71 FR 20876). To
conform to the April 2006 change and to clarify the Entity List based
license requirement for this listed entity, this rule is revising the
license requirement to indicate the license requirement applies to
computers above the Tier 3 level described in Section 740.7(d) of
License APP (Computers). The entity column and the revision to the
license requirement column for this listed entity is, as follows:

Israel

    Ben Gurion University, Israel.

License Requirement

    For computers above the Tier 3 level described in Section 740.7(d)
(i.e., Tier 3 under APP).
    A BIS license is required for the export, reexport or transfer (in-
country) of any computers above the Tier 3 level described in Section
740.7(d) (i.e., Tier 3 under APP) subject to the EAR to Ben Gurion
University, including any transaction in which this listed entity will
act as purchaser, intermediate consignee, ultimate consignee, or end-
user of the items. This listing of this entity also prohibits the use
of license exceptions (see part 740 of the EAR) for exports, reexports
and transfers (in-country) of these types of computers subject to the
EAR involving this entity.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on May 28, 2010 pursuant to
actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before June 28, 2010. Any such items
not actually exported or reexported before midnight, on June 28, 2010,
require a license in accordance with this rule.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 13,
2009, 74 FR 41325 (August 14, 2009), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et. seq., are not applicable.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 13, 2009, 74 FR 41325
(August 14, 2009); Notice of November 6, 2009, 74 FR 58187 (November
10, 2009).

0
2. Supplement No. 4 to part 744 is amended:
0
a. By removing under Hong Kong, one Hong Kong entity ``Speedy
Electronics Ltd., 1206-7, 12/F New Victory House, Hong Kong'';
0
b. By revising under Egypt, in alphabetical order, one Egyptian entity;
and

0
c. By revising under Israel, in alphabetical order, one Israeli entity;
    The revisions read as follows:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                                          License review       Federal Register
         Country                  Entity          License requirement         policy               citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
EGYPT....................  H Logic, Behind 14    For all items         Presumption of        73 FR 54504, 9/22/
                            Mahmoud Sedky St.,    subject to the EAR.   denial.               08. 75 FR [Insert
                            El Ekbal,             (See Sec.   744.11                          FR page number and
                            Alexandria, Egypt;    of the EAR).                                5/28/10.
                            and 11 Abd El-Hamid
                            Shoman St., Nasser
                            City, Cairo.

                                                  * * * * * * *
ISRAEL...................  Ben Gurion            For computers above   Case-by-case basis..  62 FR 4910, 2/3/97
                            University, Israel.   the Tier 3 level                            65 FR 12919, 03/10/
                                                  described in                                00. 75 FR [Insert
                                                  Section 740.7(d)                            FR page number and
                                                  (i.e., Tier 3 under                         5/28/10.
                                                  APP)..

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

    Dated: May 21, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-12956 Filed 5-27-10; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Notices]
[Page 10239]
[DOCID:fr05mr10-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No 2

February 25, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP10-141-002.
    Applicants: T.W. Phillips Pipeline Corporation.
    Description: TW Phillips Pipeline Corp submits Substitute First
Revised Sheet No 86 to replace First Revised Sheet No 86 with the
January 19, 2010 filing.
    Filed Date: 02/18/2010.
    Accession Number: 20100219-0207.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 02, 2010.

    Docket Numbers: RP10-372-001.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits Substitute
Eleventh Revised Sheet No 8A to correct the error found on the
previously-tendered sheet, to be effective 2/13/10.
    Filed Date: 02/23/2010.
    Accession Number: 20100224-0201
    Comment Date: 5 p.m. Eastern Time on Monday, March 08, 2010.

    Docket Numbers: RP10-325-001.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Millennium Pipeline Company, LLC submits Substitute
First Revised Sheet No 485 to FERC Gas Tariff, Original Volume No 1, to
be effective 2/18/210.
    Filed Date: 02/24/2010.
    Accession Number: 20100224-0212.
    Comment Date: 5 p.m. Eastern Time on Monday, March 08, 2010.

    Docket Numbers: RP09-921-001; RP09-1042-001.
    Applicants: CenterPoint Energy--Mississippi River Corporation
    Description: CenterPoint Energy--Mississippi River Transmission
Corporation submits Sub Sixty-Fifth Revised Sheet No. 5 et al to FERC
Gas Tariff, Third Revised Volume No. 1.
    Filed Date: 02/16/2010.
    Accession Number: 20100217-0224.
    Comment Date: 5 p.m. Eastern Time on Monday, March 01, 2010.

    Docket Numbers: RP10-192-001.
    Applicants: T. W. Phillips Pipeline Corp.
    Description: TW Phillips Pipeline Corp submits its compliance
filing of First Revised Sheet No.104 et al to FERC Gas Tariff, Original
Volume No. 1.
    Filed Date: 02/16/2010.
    Accession Number: 20100217-0226.
    Comment Date: 5 p.m. Eastern Time on Monday, March 01, 2010.

    Docket Numbers: CP97-738-009.
    Applicants: Enogex LLC.
    Description: Petition for Order Amending Limited Jurisdiction
Certificate of Enogex LLC.
    Filed Date: 1/19/2010.
    Accession Number: 20100119-5163.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 03, 2010.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-4641 Filed 3-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 17, 2009 (Volume 74, Number 157)]
[Notices]
[Page 41427-41428]
[DOCID:fr17au09-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

August 6, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC09-101-000.
    Applicants: Nevada Power Company.
    Description: Application of Nevada Power Company for Order
Authorizing Acquisition of Jurisdictional Facilities Under Section 203
of the Federal Power Act.
    Filed Date: 8/5/2009.
    Accession Number: 20090805-5080.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 26, 2009.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG09-81-000.
    Applicants: St. Clair Power, L.P.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of St. Clair Power, L.P.
    Filed Date: 8/6/2009.
    Accession Number: 20090806-5042.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 27, 2009.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER07-53-002.
    Applicants: American Transmission Company LLC.
    Description: American Transmission Company, LLC submits Original
Service Agreement No. 2066 to FERC Electric Tariff, Third Revised
Volume No. 1 with Wisconsin Electric Power Company, et al.
    Filed Date: 8/5/2009.
    Accession Number: 20090806-0027.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 26, 2009.

    Docket Numbers: ER09-1546-000.
    Applicants: ISO New England Inc. & New England Power.
    Description: ISO New England Inc et al. submits Sheet 7016A et al.
to FERC Electric Tariff 3, section III--Market Rule 1--Standard Market
Design section III.1--Market Operations, to be effective 10/5/09.
    Filed Date: 8/5/2009.
    Accession Number: 20090806-0025.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 26, 2009.

    Docket Numbers: ER96-1551-021; ER09-746-002; ER01-615-017.
    Applicants: Public Service Company of New Mexico; Optim Energy
Marketing, LLC; Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico et al. submits
notice to the Commission of a non-material change in status related to
their respective market-based rate authorizations.
    Filed Date: 8/5/2009.
    Accession Number: 20090806-0026.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 26, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.

    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-19593 Filed 8-14-09; 8:45 am]

BILLING CODE 6717-01-P


1 4/ 21/ 06 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HUMAN STUDIES REVIEW BOARD ( HSRB) MAY 2 3, 2006 PUBLIC MEETING Holiday Inn Hotel and Suites Alexandria Historic District 625 First Street Alexandria, VA 22314 703 548 6300 HSRB WEB SITE http:// www. epa. gov/ osa/ hsrb/ Docket Telephone: ( 202) 566 1752 Docket Number: EPA HQ ORD 2006 0310 Chair Celia B. Fisher, Ph. D. Marie Ward Doty Professor of Psychology Director, Center for Ethics Education Fordham University Department of Psychology, Dealy Hall 117F 441 East Fordham Road Bronx, NY 10458 Vice Chair William S. Brimijoin, Ph. D. Chair and Professor Molecular Pharmacology and Experimental Therapeutics Mayo Foundation 200 First Street SW Rochester, MN 55905 Members David C. Bellinger, Ph. D. Professor of Neurology Harvard Medical School Professor in the Department of Environmental Health Harvard School of Public Health Children's Hospital Farley Basement Box 127 2 300 Longwood Avenue Boston, MA 02115 Alicia Carriquiry, Ph. D. Professor Department of Statistics Iowa State University Snedecor Hall, Ames, IA 50011 1210 Ames, IA 50011 1210 Gary L. Chadwick, PharmD, MPH, CIP Associate Provost Director, Office for Human Subjects Protection University of Rochester 601 Elmwood Avenue Rochester, NY 14642 8628 Janice Chambers, Ph. D., D. A. B. T. William L. Giles Distinguished Professor Director, Center for Enviornmental Health Sciences College of Veterinary Medicine Mississippi State University PO Box 6100 Wise Center Spring Street Mississippi State, MS 39762 6100 Richard Fenske, Ph. D., MPH Professor Dept of Environmental and Occupational Health Sciences 1959 Northeast Pacific Street F 463 University of Washington Seattle WA 98105 Susan S. Fish, PharmD, MPH Associate Professor, Biostatistics & Epidemiology Boston University School of Public Health Co Director, MA in Clinical Investigation Boston University School of Medicine 715 Albany St ( T 4E) Boston, MA 02118 Suzanne C. Fitzpatrick, Ph. D., DABT Senior Science Policy Analyst Office of the Commissioner 3 Office of Science and Health Coordination U. S. Food and Drug Administration 5600 Fishers Lane Rockville, MD 20852 Kannan Krishnan, Ph. D. Professor Département de santé environnementale et santé au travail Faculté de médicine Université de Montréal 2375 chemin de la Côte Ste Catherine, Room 4105 Montréal, QC, H3T 1A8, Canada KyungMann Kim, Ph. D., CCRP Professor & Associate Chair Department of Biostatistics & Medical Informatics School of Medicine and Public Health University of Wisconsin Madison 600 Highland Ave, Bx 4675 Madison, WI 53792 Michael D. Lebowitz, Ph. D., FCCP Professor of Public Health & Medicine University of Arizona, POBox 245211 MEZCOPH, Drachman Hall, Rm. A240 1295 N. Martin, Tucson, AZ 85704 Lois D. Lehman Mckeeman, Ph. D. Distinguished Research Fellow, Discovery Toxicology Bristol Myers Squibb Company PO Box 4000, Mail Stop H24 03 Rt. 206 and Province Line Roads Princeton, NJ 08543 Jerry A. Menikoff, M. D. Associate Professor of Law, Ethics & Medicine Director of the Institute for Bioethics, Law and Public Policy University of Kansas Medical Center 3901 Rainbow Boulevard Kansas City, KS 66160 7311 Robert Nelson, M. D., Ph. D. Associate Professor of Anesthesiology and Critical Care Department of Anesthesiology and Critical Care University of Pennsylvania School of Medicine The Children's Hospital of Philadelphia 4 Room 1513 3535 Market Street Philadelphia, PA 19104 Sean M. Philpott, Ph. D. Research Scientist David Axelrod Institute Wadsworth Center for Laboratories and Research New York State Department of Health 120 New Scotland Ave. Albany, NY 12208 Consultant to the Board Torkil Menné, MD Chair Department of Dermatology Gentofte Hospital University of Copenhagen Hellerup Demark 2900 HSRB Staff Paul I. Lewis, Ph. D. Designated Federal Officer EPA Human Studies Review Board Office of the Science Advisor 1300 Pennsylvania Avenue, NW Washington, DC 20460


[Federal Register: September 2, 2009 (Volume 74, Number 169)]
[Notices]
[Page 45498-45500]
[DOCID:fr02se09-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60572; File No. SR-CBOE-2009-060]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to Hybrid Quote Locks

August 26, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\

notice is hereby given that on August 19, 2009, the Chicago Board
Options Exchange, Incorporated (``Exchange'' or ``CBOE'') filed with
the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Exchange filed the
proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder.\4\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend Rules 6.45A, Priority and
Allocation of Equity Option Trades on the CBOE Hybrid System, and
6.45B, Priority and Allocation of Trades in Index Options and Options
on ETFs on the CBOE Hybrid System, to eliminate provisions in each
respective rule that provide that Market-Makers whose quotes are locked
(or inverted) will receive a quote update notification. CBOE is also
proposing to amend Rule 6.45A to provide that the length of the quote
lock counting period will be established by the Exchange, may vary by
product, and will not exceed one second. The text of the proposed rule
change is available on the Exchange's Web site (http://www.cboe.org/
Legal), at the Exchange's Office of the Secretary and at the
Commission.

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
    Rules 6.45A(d) and 6.45B(d) describe how the Hybrid System operates
in the event that a Market-Maker's disseminated quotes interact with
the disseminated quote(s) of other Market-Makers, resulting in a
``locked'' quote (e.g., $1.00 bid--$1.00 offer). In the event of a
quote lock, the following currently occurs:
    (i) The Exchange will disseminate the locked market and both quotes
will be deemed ``firm'' disseminated market quotes.
    (ii) The Market-Makers whose quotes are locked will receive a quote
update notification advising that their quotes are locked.
    (iii) When the market locks, a ``counting period'' will begin
during which Market-Makers whose quotes are locked may eliminate the
locked market. Provided, however, in accordance with paragraph (i)
above a Market-Maker will be obligated to execute customer and broker-
dealer orders eligible for automatic execution pursuant to Rule 6.13,
CBOE Hybrid System's Automatic Execution Feature, at his disseminated
quote in accordance with Rule 8.51, Firm Disseminated Market Quotes. If
at the end of the counting period the quotes remain locked, the locked
quotes will automatically execute against each other in accordance with
the applicable allocation algorithm. Under Rule 6.45A (applicable to
equity options), the counting period is one second. Under Rule 6.45B
(applicable to index and ETF options), the length of the counting
period is established by the Exchange, may vary by product, and will
not exceed one second.\5\
---------------------------------------------------------------------------

    \5\ Under Rule 6.45B, an exception applies when the market locks
in a Hybrid 3.0 class. In such cases, there is no counting period.
Locked quotes will not automatically execute against each other and
will remain locked until a quote is cancelled or changed. See Rule
6.45A(d)(i)(C).
---------------------------------------------------------------------------

    (iv) The Hybrid System will not disseminate an internally crossed
market (i.e., the CBOE best bid is higher than the CBOE best offer). If
a Market-Maker submits a quote (``incoming quote'') that would invert
an existing quote (``existing quote''), the Hybrid System will change
the incoming quote such that it locks the first quote and send a notice
to the second Market-Maker indicating that its quote was changed.
Locked markets are handled in accordance with paragraphs (i) through
(iii) above. During the lock period, if the existing quote is cancelled
subsequent to the time the incoming quote is changed, the incoming
quote will automatically be restored to its original terms.
    Through this rule change, the Exchange is seeking to amend the
locked quote process in two respects. First, the Exchange is proposing
to eliminate the provisions that provide that Market-Makers whose
quotes are locked (or inverted) will receive a quote update
notification message (as described in paragraphs (ii) and (iv) above).
The Exchange will continue to disseminate the locked market and have a
counting period during which Market-Makers whose quotes are locked may
eliminate the locked market in the same manner as described above. The
Exchange believes that elimination of the notification messages will
permit its systems to operate more efficiently. In addition, the
Exchange believes that it is no longer necessary for Market-Makers to
have a separate notification to react to a quote lock. For example,
they can instead react based on a disseminated locked market.
    Second, the Exchange is amending Rule 6.45A (applicable to equity
options) to provide that the length of the counting period, which is
currently fixed at one-second, will instead be established by the
Exchange, may vary by product, and will not exceed one second. This
change will provide more flexibility in the administration of the rule
and is consistent with the counting period language that already exists
in Rule 6.45B (applicable to index and ETF options). The Exchange had
previously indicated that the ability to vary the timer by product is
more important in an index setting where there are larger trading
crowds than there are in an equity setting.\6\ However, the Exchange
believes we no longer need to have that distinction and we should have
the same flexibility to reduce the timer in an equity setting.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 51680 (May 10,
2005), 70 FR 28326 (May 17, 2005) (SR-CBOE-2004-87) (notice of
proposed rule change relating to trading rules on the Hybrid System
for index options and options on ETFs); see also Securities Exchange
Act Release No. 51822 (June 10, 2005), 70 FR 35321 (June 17, 2005)
(order approving SR-CBOE-2004-87).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act \7\ and the rules and regulations thereunder and, in
particular, the requirements of Section 6(b) of the Act.\8\
Specifically, the Exchange believes the proposed rule change is
consistent with

the Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, to remove impediments to and to
perfect the mechanism for a free and open market and a national market
system, and, in general, to protect investors and the public interest.
In particular, the Exchange believes that the elimination of the
notification messages will permit its systems to operate more
efficiently and the change to the counting period for equity options
classes will provide more flexibility in the administration of the rule
in a manner consistent with the existing rule for index and ETF options
classes.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(1). [sic]
    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule change (i) does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest,
provided that the self-regulatory organization has given the Commission
written notice of its intent to file 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
proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\ At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2009-060 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2009-060. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of the CBOE. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2009-060 and should be submitted on
or before September 23, 2009.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21135 Filed 9-1-09; 8:45 am]

BILLING CODE 8010-01-P


EPA IN REGION 9 EPA Region 9 includes the states of Arizona, California, Hawai'i and Nevada, over 140 Tribes, the U. S. Territories of American Samoa, Guam and the Commonwealth of the Northern Mariana Islands.

Guam, American Samoa, and the Northern Mariana Islands. Hawai'i SUPERFUND NPL SITES National 1509 TOTAL NPL SITES Region 9 123 TOTAL NPL SITES Data as of March 2003 SUPERFUND NPL SITES Arizona 11 total NPL sites Data as of March 2003 REGION 9 NPL SITES BY TYPE Data as of March 2003 123 TOTAL NPL SITES ARIZONA NPL SITES BY TYPE Data as of March 2003 11 TOTAL NPL SITES STATUS OF ARIZONA NPL SITES ° Active ( All in Remedial Action) ° Apache Powder ° Indian Bend Wash ° Motorola 52nd Street ° Phoenix Goodyear Airport Area ° Tucson International Airport Area ° Construction Complete ° 19th Avenue Landfill ° Hassayampa Landfill ° Williams Air Force Base ° Yuma Marine Corps Air Station ° Deleted ° Mountain View Mobile Home Estates ° Luke Air Force Base 5 4 2 11 EPA SUPPORT TO ARIZONA ° Superfund Grants ° State Infrastructure Development ° State Work on NPL Sites ° Site Assessments ° Emergency Response ° Voluntary Compliance Program ° Brownfields ° Brownfields Grants Site Assessment ° Phoenix ° Tucson ° Naco Revolving Loan Funds ° Phoenix ° Tucson $ 1,500,000 17 Positions Per Year $ 200,000 400,000 200,000 $ 500,000 500,000 TOTAL $ 1,800,000


[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76059-76061]
[FR Doc No: 2015-30804]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]

Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America (Daimler)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of application for
exemption.

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SUMMARY: FMCSA announces its decision to grant Daimler Trucks North
America's (Daimler) application for an exemption to allow a Daimler
employee to drive commercial motor vehicles (CMV) in the United States
without having a commercial driver's license (CDL) issued by one of the
States. The driver, Michael Seitter, will test-drive Daimler vehicles
on U.S. roads to better understand product requirements for these
vehicles in ``real world'' environments and verify results. He holds a
valid German commercial license but lacks the U.S. residency necessary
to obtain a CDL issued by one of the States. FMCSA believes that the
process for obtaining a German commercial license is comparable to or
as effective as the U.S. CDL requirements and ensures that this driver
will likely achieve a level of safety that is equivalent to or greater
than the level of safety that would be obtained in the absence of the
exemption.

DATES: This exemption is effective December 7, 2015 and expires
December 7, 2017.

ADDRESSES: Docket: For access to the docket to read background
documents or comments, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and
Carrier

Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>Federal Motor
Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001. If you have questions on viewing material in the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2012-0032 in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button and choose the
document listed to review. If you do not have access to the Internet,
you may view the docket online by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., e.t., Monday through Friday, except Federal holidays.

II. Background

    Since 2012, FMCSA has granted five Daimler drivers similar
exemptions [May 25, 2012 (77 FR 31422); July 22, 2014 (79 FR 42626);
August 29, 2014 (79 FR 516910); March 27, 2015 (80 FR 16511)]. Each of
these drivers held a valid German commercial license but lacked the
U.S. residency required to obtain a CDL. FMCSA has concluded that the
process for obtaining a German commercial license is comparable to or
as effective as the U.S. CDL requirements and ensures that these
drivers will likely achieve a level of safety equivalent to or greater
than the level that would be obtained in the absence of the exemption.

III. Legal Basis

    The Secretary of Transportation (the Secretary) has the authority
to grant exemptions from any of the Federal Motor Carrier Safety
Regulations (FMCSRs) issued under chapter 313 or Sec.  31136 of title
49, United States Code, to a person(s) seeking regulatory relief (49
U.S.C. 31136(e) and 31315(b)). Prior to granting an exemption, the
Secretary must request public comment and make a determination that the
exemption is likely to achieve a level of safety that is equivalent to,
or greater than, the level of safety that would be obtained in the
absence of the exemption. Exemptions may be granted for a period of up
to 2 years and may be renewed.
    The FMCSA Administrator has been delegated authority under 49 CFR
1.87(e)(1) and (f) to carry out the functions vested in the Secretary
by 49 U.S.C. chapter 313 and subchapters I and III of chapter 311,
relating, respectively, to the CDL program and to CMV programs and
safety regulation.

IV. Daimler Application for Exemption

    Daimler applied for the same CDL exemption for Michael Seitter as
for the previous five German drivers. Notice of the application was
published on September 10, 2015 (80 FR 54655). Only one comment was
received to the docket and the commenter neither opposed nor supported
the exemption for Mr. Seitter. A copy of the Daimler request is in the
docket identified at the beginning of this notice. The exemption allows
Mr. Seitter to operate CMVs to support Daimler field tests to meet
future vehicle safety and environmental requirements and to promote the
development of technology and advancements in vehicle safety systems
and emissions reductions. He will typically drive for no more than 6
hours per day for 2 consecutive days, and 10 percent of the test
driving will be on two-lane state highways, while 90 percent will be on
interstate highways. The driving will consist of no more than 200 miles
per day, for a total of 400 miles during a two-day period on a
quarterly basis.
    Section 383.21 requires CMV drivers in the United States to have a
CDL issued by a State. Mr. Seitter is a citizen and resident of
Germany. Only residents of a State can apply for a CDL. Without the
exemption, Mr. Seitter would not be able to test-drive prototype CMVs
on U.S. roads.
    Mr. Seitter holds a valid German commercial license and is an
experienced operator of CMVs. In the application for exemption, Daimler
also submitted documentation showing his safe German driving record.

V. Method To Ensure an Equivalent or Greater Level of Safety

    According to Daimler, the requirements for a German-issued
commercial license ensure that drivers meet or exceed the same level of
safety as if these drivers had obtained a U.S. CDL. Mr. Seitter is
familiar with the operation of CMVs worldwide and will be accompanied
at all times by a driver who holds a U.S. CDL and is familiar with the
routes to be traveled. FMCSA has determined that the process for
obtaining a commercial license in Germany is comparable to that for
obtaining a CDL issued by one of the States and adequately assesses the
driver's ability to operate CMVs safely in the United States.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Seitter's
extensive driving experience and safety record, and the fact that he
has successfully completed the requisite training and testing to obtain
a German commercial license, FMCSA concluded that the exemption would
likely achieve a level of safety that is equivalent to or greater than
the level that would be achieved absent such exemption, in accordance
with Sec.  381.305(a).

VII. Terms and Conditions for the Exemption

    FMCSA grants Daimler and Mr. Michael Seitter an exemption from the
CDL requirement in 49 CFR 383.23 to allow Mr. Seitter to drive CMVs in
this country without a U.S. State-issued CDL, subject to the following
terms and conditions: (1) The driver and carrier must comply with all
other applicable provisions of the Federal Motor Carrier Safety
Regulations (FMCSRs) (49 CFR parts 350-399); (2) the driver must be in
possession of the exemption document and a valid German commercial
license; (3) the driver must be employed by and operate the CMV within
the scope of his duties for Daimler; (4) at all times while operating a
CMV under this exemption, the driver must be accompanied by a holder of
a U.S. CDL who is familiar with the routes traveled; (5) Daimler must
notify FMCSA in writing within 5 business days of any accident, as
defined in 49 CFR 390.5, involving this driver; and (6) Daimler must
notify FMCSA in writing if this driver is convicted of a disqualifying
offense under Sec.  383.51 or Sec.  391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 2 years unless revoked earlier by the FMCSA. The exemption
will be revoked if (1) Mr. Seitter fails to comply with the terms and
conditions of the exemption; (2) the exemption results in a lower level
of safety than was maintained before it was granted; or (3)
continuation of the exemption would be inconsistent with the goals and
objectives of 49 U.S.C. 31315 and 31136.

VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate or intrastate
commerce that conflicts with or is inconsistent with

this exemption with respect to a firm or person operating under the
exemption.

    Issued on: November 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-30804 Filed 12-4-15; 8:45 am]
BILLING CODE 4910-EX-P