[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8558-8566]
[FR Doc No: 2016-03392]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77129; File No. SR-BX-2016-010]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Regarding Fees and
Rebates Applicable to Firms and To Adopt Tiers Applicable to Options
Overlying SPY

February 12, 2016.
    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 1, 2016, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Options Pricing at Chapter XV
Section 2, entitled ``BX Options Market--Fees and Rebates,'' which
governs pricing for BX members using the BX Options Market (``BX
Options''). The Exchange proposes to modify certain fees and rebates
(per executed contract) to: (1) Adopt fees and rebates applicable to
Firm \3\ and (2) adopt tiers applicable to options overlying Standard
and Poor's Depositary Receipts/SPDRs (``SPY'').\4\
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    \3\ The term ``Firm'' or (``F'') applies to any transaction that
is identified by a Participant for clearing in the Firm range at
OCC. BX Chapter XV.
    \4\ SPY options are based on the SPDR exchange-traded fund
(``ETF''), which is designed to track the performance of the S&P 500
Index, and are Penny Pilot Options. The Penny Pilot was established
in June 2012 and extended in 2015. See Securities Exchange Act
Release Nos. 67256 (June 26, 2012), 77 FR 39277 (July 2, 2012) (SR-
BX-2012-030) (order approving BX option rules and establishing Penny
Pilot); and 75326 (June 29, 2015), 80 FR 38481 (July 6, 2015) (SR-
BX-2015-037) (notice of filing and immediate effectiveness extending
the Penny Pilot through June 30, 2016).
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Chapter XV, Section 2 to modify
subsection (1) regarding certain fees and rebates \5\ (known as ``fees
and rebates'') to (1) adopt fees and rebates applicable to Firm; and
(2) adopt tiers applicable to options overlying SPY (the ``SPY Option
Tier Schedule''). The proposed modified fees and rebates (per executed
contract) and new SPY Option Tier Schedule would apply to Customers,\6\
BX Options Market Makers,\7\ Non-Customers \8\ and Firms.
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    \5\ Fees and rebates are per executed contract. Chapter XV,
Section 2(1).
    \6\ The term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer
range at The Options Clearing Corporation (``OCC'') which is not for
the account of broker or dealer or for the account of a
``Professional'' (as that term is defined in Chapter I, Section
1(a)(48)). BX Chapter XV.
    \7\ BX Options Market Makers may also be referred to as ``Market
Makers''. The term ``BX Options Market Maker'' or (``M'') means a
Participant that has registered as a Market Maker on BX Options
pursuant to Chapter VII, Section 2, and must also remain in good
standing pursuant to Chapter VII, Section 4. In order to receive
Market Maker pricing in all securities, the Participant must be
registered as a BX Options Market Maker in at least one security. BX
Chapter XV.
    \8\ Note 1 to Chapter XV, Section 2 states: ``\1\A Non-Customer
includes a Professional, Firm, Broker-Dealer and Non-BX Options
Market Maker.'' Firm is proposed to be removed from the note.
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    Each specific change is described in detail below.
    Currently, Chapter XV, Section 2 subsection (1) reads as follows:
    (1) Fees for Execution of Contracts on the BX Options Market:

                                                Fees and Rebates
                                             [Per executed contract]
----------------------------------------------------------------------------------------------------------------
                                                                                BX Options
                                                                Customer        Market Maker    Non-Customer \1\
----------------------------------------------------------------------------------------------------------------
Penny Pilot Options:
    Rebate to Add Liquidity...............................                 #         \2\ $0.10               N/A
    Fee to Add Liquidity..................................                 #          \3\$0.39             $0.45
    Rebate to Remove Liquidity............................                 #               N/A               N/A
    Fee to Remove Liquidity...............................               N/A                 #             $0.46
Non-Penny Pilot Options:
    Rebate to Add Liquidity...............................                 *               N/A               N/A
    Fee to Add Liquidity..................................                 *   \5\ $0.50/$0.95             $0.98
    Rebate to Remove Liquidity............................                 *               N/A               N/A
    Fee to Remove Liquidity...............................               N/A                 *             $0.89
----------------------------------------------------------------------------------------------------------------
\1\ A Non-Customer includes a Professional, Firm, Broker-Dealer and Non-BX Options Market Maker.
\2\ The Rebate to Add Liquidity will be paid to a BX Options Market Maker only when the BX Options Market Maker
  is contra to a Non-Customer or BX Options Market Maker.
\3\ The Fee to Add Liquidity will be assessed to a BX Options Market Maker only when the BX Options Market Maker
  is contra to a Customer.
\4\ Reserved
\5\ The higher Fee to Add Liquidity will be assessed to a BX Options Market Maker only when the BX Options
  Market Maker is contra to a Customer.

                                                           # Penny Pilot Options Tier Schedule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Rebate to add                                 Rebate to remove        Fee to remove          Fee to remove
                                            liquidity         Fee to add liquidity         liquidity              liquidity              liquidity
--------------------------------------------------------------------------------------------------------------------------------------------------------
When...............................  Customer..............  Customer..............  Customer.............  BX Options Market      BX Options Market
                                                                                Maker.                 Maker.
Trading with.......................  Non-Customer or BX      Customer..............  Non-Customer, BX       Customer.............  Non-Customer or BX
                                      Options Market Maker.                           Options Market                                Options Market
                                                                                Maker, or Customer.                           Maker.
Tier 1:
    Participant executes less than   $0.00.................  $0.39.................  $0.00................  $0.39................  $0.46.
     0.05% of total industry
     customer equity and ETF option
     ADV contracts per month.
Tier 2:
    Participant executes 0.05% to    $0.10.................  $0.39.................  $0.25................  $0.39................  $0.46.
     less than 0.15% of total
     industry customer equity and
     ETF option ADV contracts per
     month.
Tier 3:
    Participant executes 0.15% or    $0.20.................  $0.39.................  $0.35................  $0.30................  $0.46.
     more of total industry
     customer equity and ETF option
     ADV contracts per month.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                         * Non-Penny Pilot Options Tier Schedule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Rebate to add                                 Rebate to remove        Fee to remove          Fee to remove
                                            liquidity         Fee to add liquidity         liquidity              liquidity              liquidity
--------------------------------------------------------------------------------------------------------------------------------------------------------
When...............................  Customer..............  Customer..............  Customer.............  BX Options Market      BX Options Market
                                                                                Maker.                 Maker.
Trading with.......................  Non-Customer or BX      Customer..............  Non-Customer, BX       Customer.............  Non-Customer or BX
                                      Options Market Maker.                           Options Market                                Options Market
                                                                                Maker, or Customer.                           Maker.
Tier 1:
    Participant executes less than   $0.00.................  $0.85.................  $0.80................  $0.89................  $0.89.
     0.05% of total industry
     customer equity and ETF option
     ADV contracts per month.
Tier 2:
    Participant executes 0.05% to    $0.10.................  $0.85.................  $0.80................  $0.89................  $0.89.
     less than 0.15% of total
     industry customer equity and
     ETF option ADV contracts per
     month.
Tier 3:
    Participant executes 0.15% or    $0.20.................  $0.85.................  $0.80................  $0.60................  $0.89.
     more of total industry
     customer equity and ETF option
     ADV contracts per month.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Change 1--Penny Pilot Options: Modify Fees and Rebates To Add Firm
Column
    In Change 1, the Exchange proposes modifications to its fees and
rebates for Penny Pilot Options \9\ and for Non-Penny Pilot Options to
add a new Firm column. The proposed Firm column would have exactly the
same assessments or rates as the current Non-Customer column, which now
includes Firm.\10\ The Exchange notes that by adding the new Firm
column it is not changing any fees and rebates for Firm. Rather, all
fees and rebates applicable to Firm are now in the new Firm column but
remain exactly the same as they are currently for Firm when it is part
of the Non-Customer column. Commensurate with the proposed Firm column,
the Exchange also proposes to change notes 1 and 2 so that these notes
read properly. The Exchange proposes to take out ``Firm'' in note 1 and
to add ``Firm'' in note 2.
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    \9\ The greatest volume options traded on the Exchange and in
the options market are Penny Pilot Options, and in particular SPY
Options, and the Exchange has taken this into account when
structuring and modifying its fee and rebate schedule.
    \10\ Currently, note 1 states: ``A Non-Customer includes a
Professional, Firm, Broker-Dealer and Non-BX Options Market Maker.''
---------------------------------------------------------------------------

    The proposed change keeps current fees and rebates assessments
intact. Thus, for Penny Pilot Options: The Rebate to Add Liquidity
would remain at N/A for Non-Customer and would be the same for Firm;
the Fee to Add Liquidity would remain at $0.45 for Non-Customer and
would be the same for Firm; the Rebate to Remove Liquidity would remain
at N/A for Non-Customer and would be the same for Firm; and the Fee to
Remove Liquidity would remain at $0.46 for non-Customer and would be
the same for Firm. Thus, for Non-Penny Pilot Options: The Rebate to Add
Liquidity would remain at N/A for Non-Customer and would be the same
for Firm; the Fee to Add Liquidity would remain at $0.98 for non-
Customer and would be the same for Firm; the Rebate to Remove Liquidity
would remain at N/A for Non-Customer and would be the same for Firm;
and the Fee to Add Liquidity would remain at $0.89 for non-Customer and
would be the same for Firm.
    Chapter XV, Section 2 subsection (1) reflecting the proposed new
Firm column is set forth below.
Change 2--Penny Pilot Options: Modify Fees and Rebates To Add SPY
Options Tiers
    In Change 2, the Exchange proposes modifications to its current
Penny Pilot Options Tier Schedule to indicate that this particular
schedule does not apply to SPY Options and that for SPY Options pricing
there will be a separate SPY Options Tier Schedule. The Exchange
proposes new The Tier 1, Tier 2, and Tier 3 requirements which will be
similar to tiers in the current Penny Pilot Options Tier Schedule; and
a new Tier 4.
    Specifically, the Exchange proposes to add SPY Options Tiers 1-4
for Rebate to Add Liquidity for Customer (when trading with Non-
Customer, BX Options Market Maker, or Firm \11\), Fee to Add Liquidity
for BX Market Maker (when trading with Customer), Rebate to Remove
Liquidity for Customer (when trading with Non-Customer, BX Options
Market Maker, Customer, or Firm), and Fee to Remove Liquidity for BX
Options Market Maker (when trading with Customer). The Exchange also
proposes several explanatory notes applicable to the SPY Option Tier
Schedule.
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    \11\ Commensurate with establishing a Firm column, and in
particular indicating Firm in the new SPY Options Tier Schedule, the
Exchange proposes to add Firm in the Non-Penny Pilot Options Tier
Schedule (e.g., Rebate to Add Liquidity, Rebate to Remove Liquidity,
Fee to Remove Liquidity).
---------------------------------------------------------------------------

    Proposed Tier 1 in the SPY Options Tier Schedule will be where a BX
Participant (``Participant'') executes less than 0.05% of total
industry customer equity and exchange traded fund (``ETF'') option
average daily volume (``ADV'') contracts per month. Proposed Tier 1
will range from a $0.00 rebate to a $0.42 fee:

--The new Rebate to Add Liquidity when Customer trading with Non-
Customer, BX Options Market Maker, or Firm will be $0.00 (no rebate
will be paid); \12\
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    \12\ The new Rebate to Add Liquidity is similar to what is in
the current Penny Pilot Options Tier Schedule. However, in the new
rebate the Exchange proposes to add that the rebate is also
applicable when trading with Firm, which is proposed to be separate
from Non-Customer. For purposes of conformity, Firm is proposed to
be added to the Rebate to Add Liquidity for Customer in the Penny
Pilot Tier Schedule, the SPY Options Tier Schedule, and the Non-
Penny Pilot Tier Schedule.

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

--the new Fee to Add Liquidity when BX Options Market Maker trading
with Customer will be $0.42; \13\
---------------------------------------------------------------------------

    \13\ There is no similar fee in the current Penny Pilot Options
Tier Schedule.
---------------------------------------------------------------------------

--the new Rebate to Remove Liquidity when Customer trading with Non-
Customer, BX Options Market Maker, Customer, or Firm will be $0.00;
\14\ and
---------------------------------------------------------------------------

    \14\ The new Rebate to Remove Liquidity is similar to what is in
the current Penny Pilot Options Tier Schedule. However, in the new
rebate the Exchange proposes to add that the rebate is also
applicable when trading with Firm, which is proposed to be separate
from Non-Customer. For purposes of conformity, Firm is proposed to
be added to the Rebate to Add [sic] Liquidity for Customer in the
Penny Pilot Tier Schedule, the SPY Options Tier Schedule, and the
Non-Penny Pilot Tier Schedule.
---------------------------------------------------------------------------

--the new Fee to Remove Liquidity when BX Options Market Maker trading
with Customer will be $0.42.\15\
---------------------------------------------------------------------------

    \15\ The Fee to Remove Liquidity is $0.39 in the current Penny
Pilot Options Tier Schedule. However, in the new rebate the Exchange
proposes to add that the rebate is also applicable when trading with
Firm, which is proposed to be separate from Non-Customer. For
purposes of conformity, Firm is proposed to be added to the Rebate
to Add Liquidity for Customer in the Penny Pilot Tier Schedule, the
SPY Options Tier Schedule, and the Non-Penny Pilot Tier Schedule.

    Proposed Tier 2 in the SPY Options Tier Schedule will be where
Participant executes 0.05% to less than 0.15% of total industry
customer equity and ETF option ADV contracts per month. Proposed Tier 2
---------------------------------------------------------------------------
will range from a $0.25 rebate to a $0.42 fee:

--The new Rebate to Add Liquidity when Customer trading with Non-
Customer, BX Options Market Maker, or Firm will be $0.10.\16\
---------------------------------------------------------------------------

    \16\ The new Rebate to Add Liquidity is similar to what is in
the current Penny Pilot Options Tier Schedule.
---------------------------------------------------------------------------

--the new Fee to Add Liquidity when BX Options Market Maker trading
with Customer will be $0.42; \17\
---------------------------------------------------------------------------

    \17\ There is no similar fee in the current Penny Pilot Options
Tier Schedule.
---------------------------------------------------------------------------

--the new Rebate to Remove Liquidity when Customer trading with Non-
Customer, BX Options Market Maker, Customer, or Firm will be $0.25;
\18\ and
---------------------------------------------------------------------------

    \18\ The new Rebate to Remove Liquidity is similar to what is in
the current Penny Pilot Options Tier Schedule.
---------------------------------------------------------------------------

--the new Fee to Remove Liquidity when BX Options Market Maker trading
with Customer will be $0.42.\19\
---------------------------------------------------------------------------

    \19\ The Fee to Remove Liquidity is $0.39 in the current Penny
Pilot Options Tier Schedule.

    Proposed Tier 3 in the SPY Options Tier Schedule will be where
Participant executes 0.15% or more of total industry customer equity
and ETF option ADV contracts per month. Proposed Tier 3 will range from
---------------------------------------------------------------------------
a $0.37 rebate to a $0.39 fee:

--The new Rebate to Add Liquidity when Customer trading with Non-
Customer, BX Options Market Maker, or Firm will be $0.20.\20\
---------------------------------------------------------------------------

    \20\ The Rebate to Add Liquidity is similar to what is in the
current Penny Pilot Options Tier Schedule.
---------------------------------------------------------------------------

--the new Fee to Add Liquidity when BX Options Market Maker trading
with Customer will be $0.39; \21\
---------------------------------------------------------------------------

    \21\ There is no similar fee in the current Penny Pilot Options
Tier Schedule.
---------------------------------------------------------------------------

--the new Rebate to Remove Liquidity when Customer trading with Non-
Customer, BX Options Market Maker, Customer, or Firm will be $0.37;
\22\ and
---------------------------------------------------------------------------

    \22\ The Rebate to Remove Liquidity is $0.35 in the current
Penny Pilot Options Tier Schedule.
---------------------------------------------------------------------------

--the new Fee to Remove Liquidity when BX Options Market Maker trading
with Customer will be $0.39.\23\
---------------------------------------------------------------------------

    \23\ The Fee to Remove Liquidity is $0.30 in the current Penny
Pilot Options Tier Schedule.

    Proposed Tier 4 in the SPY Options Tier Schedule, which has no
equivalent in the Penny Pilot Options Tier Schedule, will be where
Participant executes greater than 5,000 ADV in BX Price Improvement
Auction (``PRISM'') Agency Contracts.\24\ If a Participant qualifies
for Tier 4 the rates applicable to this tier will supersede any other
SPY tier rates that the Participant may that [sic] qualify for.
Proposed Tier 4 will range from a $0.37 rebate to a $0.32 fee:
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    \24\ PRISM is a Price Improvement Mechanism for all-electronic
BX Options whereby a buy and sell order may be submitted in one
order message to initiate an auction at a stop price and seek
potential price improvement. Options are traded electronically on BX
Options, and all options participants may respond to a PRISM
Auction, the duration of which is set at 200 milliseconds. PRISM
includes auto-match functionality in which a Participant (an
``Initiating Participant'') may electronically submit for execution
an order it represents as agent on behalf of customer, n6 [sic]
broker dealer, or any other entity (``PRISM Order'') against
principal interest or against any other order it represents as agent
(an ``Initiating Order'') provided it submits the PRISM Order for
electronic execution into the PRISM Auction pursuant [sic]. See
Chapter VI, Section 9; and Securities Exchange Act Release No. 76301
(October 29, 2015), 80 FR 68347 (November 4, 2015) (SR-BX-2015-032)
(order approving BX PRISM).

--The new Rebate to Add Liquidity when Customer trading with Non-
Customer, BX Options Market Maker, or Firm will be $0.25.
--the new Fee to Add Liquidity when BX Options Market Maker trading
with Customer will be $0.32;
--the new Rebate to Remove Liquidity when Customer trading with Non-
Customer, BX Options Market Maker, Customer, or Firm will be $0.37; and
--the new Fee to Remove Liquidity when BX Options Market Maker trading
with Customer will be $0.25.

    In addition, the Exchange proposes several explanatory notes at the
end of the SPY Options Tier Schedule:

--BX Options Market Maker fee to add liquidity in SPY Options will be
$0.00 when trading with Firm, Non-Customer, or BX Options Market Maker;
--Firm fee to add liquidity and fee to remove liquidity in SPY Options
will be $0.33 per contract, regardless of counterparty;
--Non-Customer fee to add liquidity and fee to remove liquidity in SPY
Options will be $0.46 per contract, regardless of counterparty;
--BX Options Market Maker fee to remove liquidity in SPY Options will
be $0.46 per contract when trading with Firm, Non-Customer, or BX
Options Market Maker;
--Customer fee to add liquidity in SPY Options when contra to another
Customer is $0.33 per contract; and
--Volume from all products listed on BX Options will apply to the SPY
Options Tiers. Chapter XV, Section 2 subsection (1) reflecting all
proposed changes will read as follows:

    (1) Fees for Execution of Contracts on the BX Options Market:

                                                Fees and Rebates
                                             [Per executed contract]
----------------------------------------------------------------------------------------------------------------
                                                                    BX Options     Non-Customer
                                                     Customer      Market Maker         \1\            Firm
----------------------------------------------------------------------------------------------------------------
Penny Pilot Options (Excluding Options in SPY):
    Rebate to Add Liquidity.....................               #       \2\ $0.10             N/A             N/A
    Fee to Add Liquidity........................               #       \3\ $0.39           $0.45           $0.45
    Rebate to Remove Liquidity..................               #             N/A             N/A             N/A

    Fee to Remove Liquidity.....................             N/A               #           $0.46           $0.46
Non-Penny Pilot Options:
    Rebate to Add Liquidity.....................               *             N/A             N/A             N/A
    Fee to Add Liquidity........................               *      \5\ $0.50/           $0.98           $0.98
                                                                           $0.95
    Rebate to Remove Liquidity..................               *             N/A             N/A             N/A
    Fee to Remove Liquidity.....................             N/A               *           $0.89           $0.89
----------------------------------------------------------------------------------------------------------------
\1\ A Non-Customer includes a Professional, Broker-Dealer and Non-BX Options Market Maker.
\2\ The Rebate to Add Liquidity will be paid to a BX Options Market Maker only when the BX Option Market Maker
  is contra to a Non-Customer, Firm, or BX Options Market Maker.
\3\ The Fee to Add Liquidity will be assessed to a BX Options Market Maker only when the BX Options Market Maker
  is contra to a Customer.
\4\ Reserved.
\5\ The higher Fee to Add Liquidity will be assessed to a BX Options Market Maker only when the BX Options
  Market Maker is contra to a Customer.

                                                           # Penny Pilot Options Tier Schedule
                                                                 [Excluding SPY Options]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Rebate to add                                 Rebate to remove        Fee to remove          Fee to remove
                                            liquidity         Fee to add liquidity         liquidity              liquidity              liquidity
--------------------------------------------------------------------------------------------------------------------------------------------------------
When:                                Customer..............  Customer..............  Customer.............  BX Options Market      BX Options Market
                                                                                Maker.                 Maker.
Trading with:                        Non-Customer, BX        Customer..............  Non-Customer, BX       Customer.............  Non-Customer, BX
                                      Options Market Maker,                           Options Market                                Options Market
                                      or Firm.                                        Maker, Customer, or                           Maker, or Firm.
                                                                                Firm.
Tier 1:
    Participant executes less than   $0.00.................  $0.39.................  $0.00................  $0.39................  $0.46.
     0.05% of total industry
     customer equity and ETF option
     ADV contracts per month.
Tier 2:
    Participant executes 0.05% to    $0.10.................  $0.39.................  $0.25................  $0.39................  $0.46.
     less than 0.15% of total
     industry customer equity and
     ETF option ADV contracts per
     month.
Tier 3:
    Participant executes 0.15% or    $0.20.................  $0.39.................  $0.35................  $0.30................  $0.46.
     more of total industry
     customer equity and ETF option
     ADV contracts per month.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                            SPY Options Tier Schedule
----------------------------------------------------------------------------------------------------------------
                                     Rebate to add        Fee to add       Rebate to remove      Fee to remove
                                       liquidity           liquidity           liquidity           liquidity
----------------------------------------------------------------------------------------------------------------
When:                             Customer..........  BX Options Market   Customer..........  BX Options Market
                                                       Maker.                                  Maker.
Trading with:                     Non-Customer, BX    Customer..........  Non-Customer, BX    Customer.
                                   Options Market                          Options Market
                                   Maker, or Firm.                         Maker, Customer,
                                                                           or Firm.
Tier 1:
    Participant executes less     $0.00.............  $0.42.............  $0.00.............  $0.42.
     than 0.05% of total
     industry customer equity
     and ETF option ADV
     contracts per month.
Tier 2:
    Participant executes 0.05%    $0.10.............  $0.42.............  $0.25.............  $0.42.
     to less than 0.15% of total
     industry customer equity
     and ETF option ADV
     contracts per month.
Tier 3:
    Participant executes 0.15%    $0.20.............  $0.39.............  $0.37.............  $0.39.
     or more of total industry
     customer equity and ETF
     option ADV contracts per
     month.

Tier 4:
    Participant executes greater  $0.25.............  $0.32.............  $0.37.............  $0.25.
     than 5,000 ADV in PRISM
     Agency Contracts.
----------------------------------------------------------------------------------------------------------------
 BX Options Market Maker fee to add liquidity in SPY Options will be $0.00 when trading with Firm, Non-
  Customer, or BX Options Market Maker.
 Firm fee to add liquidity and fee to remove liquidity in SPY Options will be $0.33 per contract,
  regardless of counterparty.
 Non-Customer fee to add liquidity and fee to remove liquidity in SPY Options will be $0.46 per
  contract, regardless of counterparty.
 BX Options Market Maker fee to remove liquidity in SPY Options will be $0.46 per contract when trading
  with Firm, Non-Customer, or BX Options Market Maker.
 Customer fee to add liquidity in SPY Options when contra to another Customer is $0.33 per contract.
 Volume from all products listed on BX Options will apply to the SPY Options Tiers.

                                                         * Non-Penny Pilot Options Tier Schedule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Rebate to add                                 Rebate to remove        Fee to remove          Fee to remove
                                            liquidity         Fee to add liquidity         liquidity              liquidity              liquidity
--------------------------------------------------------------------------------------------------------------------------------------------------------
When:                                Customer..............  Customer..............  Customer.............  BX Options Market      BX Options Market
                                                                                Maker.                 Maker.
Trading with:                        Non-Customer, BX        Customer..............  Non-Customer, BX       Customer.............  Non-Customer, BX
                                      Options Market Maker,                           Options Market                                Options Market
                                      or Firm.                                        Maker, Customer, or                           Maker, or Firm.
                                                                                Firm.
Tier 1:
    Participant executes less than   $0.00.................  $0.85.................  $0.80................  $0.89................  $0.89.
     0.05% of total industry
     customer equity and ETF option
     ADV contracts per month.
Tier 2:
    Participant executes 0.05% to    $0.10.................  $0.85.................  $0.80................  $0.89................  $0.89.
     less than 0.15% of total
     industry customer equity and
     ETF option ADV contracts per
     month.
Tier 3:
    Participant executes 0.15% or    $0.20.................  $0.85.................  $0.80................  $0.60................  $0.89.
     more of total industry
     customer equity and ETF option
     ADV contracts per month.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Exchange is proposing fees and rebate changes and adopting the
SPY Options Tier Schedule at this time because it believes that this
will provide incentives for execution of contracts, and in particular
SPY Options contracts, on the BX Options Market.
    The Exchange also believes that its proposal should provide
increased opportunities for participation in executions on the
Exchange, facilitating the ability of the Exchange to bring together
participants and encourage more robust competition for orders.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Pricing
Schedule is consistent with Section 6(b) of the Act,\25\ in general,
and furthers the objectives of Section 6(b)(4) and (b)(5) of the
Act,\26\ in particular, in that it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
issuers and other persons using any facility or system which the
Exchange operates or controls, and is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues* [sic] and, also, recognized that
current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \27\ Likewise,
in NetCoalition v. Securities and Exchange Commission \28\
(``NetCoalition'') the D.C. Circuit upheld the Commission's use of a
market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\29\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \30\
---------------------------------------------------------------------------

    \27\ Securities Exchange Act Release No. 51808 at 37499 (June 9,
2005) (``Regulation NMS Adopting Release'').
    \28\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \29\ See id. at 534-535.
    \30\ See id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution';

[and] `no exchange can afford to take its market share percentages for
granted' because `no exchange possesses a monopoly, regulatory or
otherwise, in the execution of order flow from broker dealers'. . . .''
\31\ Although the court and the SEC were discussing the cash equities
markets, the Exchange believes that these views apply with equal force
to the options markets.
---------------------------------------------------------------------------

    \31\ Id. at 539 (quoting Securities Exchange [sic] Release No.
59039 (December 2, 2008), 73 FR 74770 (December 9, 2008) (SR-
NYSEArca-2006-21) at 73 FR at 74782-74783).
---------------------------------------------------------------------------

    The Exchange proposes to amend its Chapter XV, Section 2 to modify
subsection (1) to adopt fees and rebates applicable to Firm, and to
adopt a new SPY Option Tier Schedule. The proposed modified fees and
rebates and new SPY Option Tier Schedule would, as discussed, apply to
Customers, BX Options Market Makers, Non-Customers, and Firms. The
Exchange believes that its proposal is reasonable, equitable, and not
unfairly discriminatory and should provide increased opportunities for
participation in executions on the Exchange, facilitating the ability
of the Exchange to bring together participants and encourage more
robust competition for orders.
Change 1--Penny Pilot Options: Modify Fees and Rebates To Add Firm
Column
    In Change 1, the Exchange proposes modifications to its fees and
rebates for Penny Pilot Options and for Non-Penny Pilot Options to add
a new Firm column; and to make changes to notes to properly reflect the
use of the new Firm column. The proposed Firm column would have exactly
the same assessments or rates as the current Non-Customer column, which
now includes Firm.
    The proposed change is reasonable because it simply establishes a
new Firm column but keeps current fees and rebate assessments intact.
The proposed rule change is reasonable because it continues to
encourage market participant behavior through the fees and rebates
system, which is an accepted methodology among options exchanges.\32\
The proposed change is also reasonable because it continues, through
the fees and rebates schedule, to incentivize Participants to direct
Penny Pilot Options liquidity\33\ and Non-Penny Pilot Options liquidity
to the Exchange.
---------------------------------------------------------------------------

    \32\ See, e.g., fee and rebate schedules of other options
exchanges, including, but not limited to, NASDAQ Options Market
(``NOM''), NASDAQ PHLX LLC (``Phlx''), and Chicago Board Options
Exchange (``CBOE'').
    \33\ Penny Pilot Options, and in particular SPY Options,
represent the greatest volume options traded on the Exchange and in
the options market and the Exchange has taken this into account when
structuring and modifying its fee and rebate schedule.
---------------------------------------------------------------------------

    The proposed rule change to fees and rebates for Penny Pilot
Options and for Non-Penny Pilot Options to add a new Firm column, and
to make changes to notes to properly reflect the use of the new Firm
column, is equitable and not unfairly discriminatory. This is because
the Exchange's proposal keeps current fees and rebate assessments
intact, and the fees and rebates schedule will continue to apply
uniformly to all similarly situated Participants.
    The fees and rebates schedule as proposed continues to reflect
differentiation among different market participants. The Exchange
believes that the differentiation is equitable and not unfairly
discriminatory, as well as reasonable, and notes that some market
participants like BX Options Market Makers commit to various
obligations. For example, transactions of a BX Options Market Maker
must constitute a course of dealings reasonably calculated to
contribute to the maintenance of a fair and orderly market, and BX
Options Market Makers should not make bids or offers or enter into
transactions that are inconsistent with such course of dealings.
Further, all BX Options Market Makers are designated as specialists on
BX for all purposes under the Act or rules thereunder.\34\
---------------------------------------------------------------------------

    \34\ See Chapter VII, Section 5, entitled ``Obligations of
Market Makers.''
---------------------------------------------------------------------------

    The Exchange believes that by making the proposed Firm column
change, it is continuing to incentivize Participants to execute more
volume on the Exchange to further enhance liquidity in this market.
Change 2--Penny Pilot Options: Modify Fees and Rebates To Add SPY
Options Tiers
    In Change 2, the Exchange proposes modifications to its current
Penny Pilot Options Tier Schedule to indicate that this particular
schedule does not apply to SPY Options, and that for SPY Options
pricing there will be a separate SPY Options Tier Schedule. The Tier 1,
Tier 2, and Tier 3 requirements in the proposed SPY Options Tier
Schedule will be similar to the current Penny Pilot Options Tier
Schedule. The Exchange also proposes a new Tier 4 for the SPY Options
Tier Schedule. Specifically, the Exchange proposes to add SPY Options
Tiers 1-4 for Rebate to Add Liquidity for Customer (when trading with
Non-Customer, BX Options Market Maker, or Firm), Fee to Add Liquidity
for BX Market Maker (when trading with Customer), Rebate to Remove
Liquidity for Customer (when trading with Non-Customer, BX Options
Market Maker, Customer, or Firm), and Fee to Remove Liquidity or [sic]
BX Options Market Maker (when trading with Customer). The Exchange also
proposes several explanatory notes applicable to the SPY Option Tier
Schedule.
    The Exchange believes that excluding SPY Options pricing form the
Penny Pilot Options Tier Schedule and establishing a separate SPY
Options Tier Schedule is reasonable because of the nature of SPY
options. These are most heavily traded options on the Exchange as well
as in the industry.
    The Exchange believes that the proposed SPY Options Tier Schedule
is reasonable because it is not a novel, untested structure but rather
is similar to what is offered by other options markets,\35\ and, is
based on the Exchange's Penny Pilot Options Tier Schedule. The proposed
Tiers in the SPY Options Tier Schedule clearly reflect the
progressively increasing nature of Participant executions structured
for the purpose of attracting order flow to the Exchange. This
encourages market participant behavior through progressive tiered fees
and rebates using an accepted methodology among options exchanges.\36\
Tier 1 in the SPY Options Tier Schedule is, similarly to Tier 1 in the
Penny Pilot Options Tier Schedule, set up to enable a Participant to
earn a Rebate to Add Liquidity or pay a Fee to Add Liquidity in SPY
where the Participant executes less than 0.05% of total industry
customer equity and ETF option ADV contracts per month. Tier 2 in the
SPY Options Tier Schedule is, similarly to Tier 2 in the Penny Pilot
Options Tier Schedule, set up to enable a Participant to earn a Rebate
to Add Liquidity or pay a Fee to Add Liquidity in SPY where the
Participant executes 0.05% to less than 0.15% of total industry
customer equity and ETF option ADV contracts per month. And Tier 3 in
the SPY Options Tier Schedule is, similarly to Tier 3 in the Penny
Pilot Options Tier Schedule, set up to [sic] Participant executes 0.15%
or more of total industry customer equity and ETF option ADV contracts
per month. The fees and rebates that BX Options Market Makers and
Customers are assessed are, as has been discussed at length, comparable
to

the fees and rebates in the Penny Pilot Options Tier Schedule. The
Exchange believes that it is reasonable to also establish Tier 4 in the
in the [sic] SPY Options Tier Schedule in order to enable a Participant
to earn a Rebate to Add Liquidity or pay a Fee to Add Liquidity in SPY
where the Participant executes greater than 5,000 ADV in certain PRISM
Contracts. By so doing, the Exchange encourages Participants to trade
Prism Contracts, which have been recently approved for trading.\37\
---------------------------------------------------------------------------

    \35\ See, e.g., the pricing schedule of Phlx. See also, e.g.,
the pricing schedule of NASDAQ Options Market (``NOM'').
    \36\ See, e.g., fee and rebate schedules of other options
exchanges, including, but not limited to, NOM, Phlx, and Chicago
Board Options Exchange (``CBOE'').
    \37\ See Securities Exchange Act Release No. 76301 (October 29,
2015), 80 FR 68347 (November 4, 2015) (SR-BX-2015-032) (order
approving BX PRISM).
---------------------------------------------------------------------------

    In addition, the Exchange believes that making changes to add the
SPY Options Tier Schedule in terms of Rebate to Add Liquidity and Fee
to Add Liquidity, and Rebate to Remove Liquidity and Fee to Remove
Liquidity, is reasonable because it encourages the desired Customer
behavior by attracting Customer interest to the Exchange. Customer
activity enhances liquidity on the Exchange for the benefit of all
market participants and benefits all market participants by providing
more trading opportunities, which attracts market makers. An increase
in the activity of these market participants in turn facilitates
tighter spreads, which may cause an additional corresponding increase
in order flow from other market participants.
    The SPY Options Tier Schedule is reasonable in that it is, like the
Penny Pilot Options Tier Schedule, set up to incentivize Participants
to direct liquidity to the Exchange; using volume from all products
listed on BX Options will further incentivize Participants. As
Participants execute more of total industry customer equity and ETF
option ADV contracts per month on the Exchange, they can in certain
categories earn higher rebates and be assessed lower fees. For example,
in the SPY Options Tier Schedule the Tier 3 Rebate to Add Liquidity
when Customer trading with Non-Customer, BX Options Market Maker, or
Firm is higher ($0.20) than the Penny Pilot [sic] Tier 1 Rebate to Add
Liquidity ($0.00); and the Tier 3 Rebate to Remove Liquidity when
Customer trading with Non-Customer, BX Options Market Maker, Customer,
or Firm is higher ($0.37) that [sic] the Tier 2 Rebate to Remove
Liquidity ($0.25). Similarly, the Fee to Add Liquidity when BX Option
Market Maker trading with Customer is lesser for Tier 3 ($0.39) than
for Tier 1 ($0.42); and the Fee to Remove Liquidity when BX Option
Market Maker trading with Customer is less for Tier 3 ($0.39) than for
Tier 1 ($0.42).
    The Exchange believes that it is reasonable to add notes to the SPY
Options Tier Schedule as they are explanatory in nature. Five such
notes explain that unlike how new Tiers 1-4 function, certain fees
(e.g. BX Options Market Maker, Firm, Non-Customer, and Customer) remain
the same regardless of counterparty. The Exchanges believes that it is
also reasonable for conformity to indicate Firm across fees and
rebates, the new SPY Options Tier Schedule, the Penny Pilot Options
Tier Schedule, and the Non-Penny Pilot Options Tier Schedule.
    Establishing the SPY Options Tier Schedule, which includes new
Tiers 1-4, is equitable and not unfairly discriminatory. This is
because the Exchange's proposal to assess fees and pay rebates
according to Tiers 1, 2, 3, and 4 will apply uniformly to all similarly
situated Participants. Customers would earn a Rebate to Add Liquidity
and be assessed a Fee to Add Liquidity according to the Tiers, and BX
Market Makers would earn a Rebate to Remove Liquidity [sic] and a Fee
to Remove Liquidity according to the same Tiers per the SPY Options
Tier Schedule; and certain fees would be the same regardless of
counterparty. The fee and rebate schedule as proposed continues to
reflect differentiation among different market participants. The
Exchange believes that the differentiation is equitable and not
unfairly discriminatory, as well as reasonable, because some market
participants like BX Options Market Makers commit to obligations such
as that transactions must constitute a course of dealings reasonably
calculated to contribute to the maintenance of a fair and orderly
market, and BX Options Market Makers should not make bids or offers or
enter into transactions that are inconsistent with such course of
dealings.
    The Exchange believes that by making the proposed Penny Pilot
Options changes it is incentivizing Participants to execute more volume
on the Exchange to further enhance liquidity in this market.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange does
not believe that its proposal to make changes to its Penny Pilot
Options and Non-Penny Pilot Options fees and rebates and to establish a
SPY Options Tiers Schedule will impose any undue burden on competition,
as discussed below.
    The Exchange operates in a highly competitive market in which many
sophisticated and knowledgeable market participants can readily and do
send order flow to competing exchanges if they deem fee levels or
rebate incentives at a particular exchange to be excessive or
inadequate. Additionally, new competitors have entered the market and
still others are reportedly entering the market shortly. These market
forces ensure that the Exchange's fees and rebates remain competitive
with the fee structures at other trading platforms. In that sense, the
Exchange's proposal is actually pro-competitive because the Exchange is
simply continuing its fees and rebates and [sic] for Penny Pilot
Options and Non-Penny Pilot Options and establishing a SPY Options
Tiers Schedule in order to remain competitive in the current
environment.
    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. In
terms of intra-market competition, the Exchange notes that price
differentiation among different market participants operating on the
Exchange (e.g., Customer and BX Options Market Maker) is reasonable.
Customer activity, for example, enhances liquidity on the Exchange for
the benefit of all market participants and benefits all market
participants by providing more trading opportunities, which attracts
market makers. An increase in the activity of these market participants
(particularly in response to pricing) in turn facilitates tighter
spreads, which may cause an additional

corresponding increase in order flow from other market participants.
    Moreover, unlike others market participants each BX Options Market
Maker commits to various obligations. These obligations include, for
example, transactions of a BX Market Maker must constitute a course of
dealings reasonably calculated to contribute to the maintenance of a
fair and orderly market, and Market Makers should not make bids or
offers or enter into transactions that are inconsistent with such
course of dealings.\38\
---------------------------------------------------------------------------

    \38\ See Chapter VII, Section 5, entitled ``Obligations of
Market Makers''.
---------------------------------------------------------------------------

    In this instance, the proposed changes to the fees and rebates for
Penny Pilot Options and for Non-Penny Pilot Options to add a new Firm
column, and establishing a SPY Options Tiers Schedule, do not impose a
burden on competition because the Exchange's execution and routing
services are completely voluntary and subject to extensive competition
both from other exchanges and from off-exchange venues. If the changes
proposed herein are unattractive to market participants, it is likely
that the Exchange will lose market share as a result. Accordingly, the
Exchange does not believe that the proposed changes will impair the
ability of members or competing order execution venues to maintain
their competitive standing in the financial markets. Additionally, the
changes proposed herein are pro-competitive to the extent that they
continue to allow the Exchange to promote and maintain order
executions.

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

    No written comments were either solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act,\39\ the Exchange
has designated this proposal as establishing or changing a due, fee, or
other charge imposed by the self-regulatory organization on any person,
whether or not the person is a member of the self-regulatory
organization, which renders the proposed rule change effective upon
filing.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2016-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2016-010. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2016-010 and should be
submitted on or before March 11, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\40\
---------------------------------------------------------------------------

    \40\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03392 Filed 2-18-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Notices]
[Page 2164]
[FR Doc No: 2014-00276]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-950-000]

Great Bay Energy VI, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Great Bay Energy VI, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 27, 2014.
    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
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 6, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-00276 Filed 1-10-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Page 56998]
[FR Doc No: 2021-22260]

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

Federal Railroad Administration

[Docket Number FRA-2009-0116]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on September 15, 2021, Union
Pacific Railroad (UP) petitioned the Federal Railroad Administration
(FRA) for an extension of a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR part 236 (Rules, Standards, and Instructions Governing the
Installation, Inspection, Maintenance, and Repair of Signal and Train
Control Systems, Devices, and Appliances). The relevant FRA Docket
Number is FRA-2009-0116.
    Specifically, UP requested an extension of relief from Sec.
236.377, Approach locking; Sec.  236.378, Time locking; Sec.  236.379,
Route locking; Sec.  236.380, Indication locking; and Sec.  236.281,
Traffic locking, to extend the periodic testing schedules from ``at
least once every 2 years'' to ``at least once every 4 years'' after
initial testing has been performed. The relief applies at interlocking
control points and other signal locations controlled by solid-state
microprocessor-based equipment. UP states that the two-year testing
interval places an unnecessary burden on the carrier and provides no
real safety benefit as the application program logic does not change
once installed.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by November 29, 2021 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-22260 Filed 10-12-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Page 33189]
[FR Doc No: 2023-10959]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Funding Opportunity for Rail Research and Development
Center of Excellence; Correction

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of funding opportunity (NOFO or notice); correction.

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

SUMMARY: FRA published a notice of funding opportunity for the Rail
Research and Development Center of Excellence Program in the Federal
Register on May 2, 2023. The notice contained an incorrect date for the
application submission period.

FOR FURTHER INFORMATION CONTACT: For further information related to
this notice and the Rail Research and Development Center of Excellence
Program, please contact Tarek Omar, Office of Research, Development,
and Technology, by email: [email protected] or by telephone: (202)
493-6189.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register, of May 2, 2023, on page 27560, in the
second column, correct the DATES column to read:

DATES: Applications that are incomplete or received after 5:00 p.m. ET
on July 3, 2023 will not be considered for funding.

    Issued in Washington, DC.
Michael W. Lestingi,
Executive Director.
[FR Doc. 2023-10959 Filed 5-22-23; 8:45 am]
BILLING CODE 4910-06-P


Reviewers Presentation:

" White Paper on Species/ Stock/ Strain on Endocrine Disruptor Assays"

Reviewed by but not in complete concurrence Jimmy L. Spearow, Ph. D.

Associate Research Geneticist University of California at Davis Work conducted for Battelle Memorial Institute under EPA Prime Contract 68 W 01 023. ° The US EPA is planning to test a multitude of chemicals for endocrine activity and their ability to disrupt reproductive development and function using in vivo EDSPscreening assays.

° While Sprague Dawley derived CD rats, and CD 1 mice have been most frequently used for such reproductive toxicology testing,

these strains were previously selected mainly for large litter size for over 80 generations.

° Selection for large litter size results in correlated responses in reproductive endocrine traits, especially decreased sensitivity to estrogen.

° Strain differences have also been observed in susceptibility to many toxicants.

° Raises concern that use of a single highly prolific outbred strain in the EDSP could underestimate effects on sensitive genotypes ( Spearow et al., 1999; 2001). Endocrine EndpointChemical Sensitive Strains Less Sensitive StrainsReference Uterine WeightE2SD, F344 Steinmetz et al., 1998 Uterine WeightE2SD, F344 Bailey et al.,

2002 Uterine WeightEEWistar, Da/ Han SDDiel et al 2001 Uterine WeightNPAP SD Odum et al.,

1999a Female Tract HistopathologyE2F344 ( females) SD ( females) Steinmetz et al., 1998 Female Tract HistopathologyE2F344 ( females) SD ( females) Bailey et al 2002 Hormone LevelsE2F344 ( Prl) SD ( Prl) Steinmetz et al., 1997 Pituitary WeightE2F344 SD Schechter et al.,

1987 Pituitary WeightE2F344> BNWistar, Donryu Yin et al., 2001 Uterine WeightE2 Benzoate B6, C17/ Jls, Mus spretusCD 1, CD10 Spearow et al.,

2002 Fertility/ Gestational LossE2B6CD 1 Spearow et al.,

2003 Strain Variation in Susceptibility to E2 in Females Strain Variation in Susceptibility to E2 in Females ° While uterine weight responses to E2 were similar between SD and F344 rats, SD rats were less sensitive than F344 rats to the effects of E2 on increasing uterine epithelial cell height, pituitary weight and serum prolactin.

SD rats were less sensitive than other strains to EE and NP.

° F344 rats were consistently as sensitive, and for most female reproductive responses more sensitive than SD rats to E2.

° Females large litter size selected CD 1 and CD10 mice were also less sensitive than B6, C17 and wild derived Mus spretus strain mice to the effects of E2 Except for effects on PPS, large litter size selected strains including SD rats and CD 1 strain mice are much more resistant than F344 rats and B6 strain mice to the inhibitory effects of estrogens on male reproductive organ weights, sperm counts, and/ or testosterone levels.

Strain Variation in Susceptibility to E2 in Males Endocrine EndpointChemical Sensitive Strains Less Sensitive StrainsReference PPSE2F344, SD Putz et al.,

2001 Male Reprod. Organ Wts. E2F344SD Putz et al.,

2001 Male Reprod. Organ Wts. E2C57BL/ 6N ICR Nagao et al.,

2002 Male Reprod. Organ Wts. E2B6, C17/ Jls > S15CD 1 Spearow et al.,

1999, 2001 Andrology ( Sperm Counts) E2B6, C17/ Jls CD 1 Spearow et al.,

1999, 2001 Male Reprod. Organ Wts. DESF344 > Wistar MSSD Inano et al.,

1996 Hormone LevelsDES F344 > Wistar MS ( Testosterone) SD ( Testosterone) Inano et al.,

1996 * In contrast to some of the assertions of the 7/ 25 version of the White Paper, available scientific data shows that:

° F344 rats are greater than 10 fold more sensitive than SD rats to the inhibitory effects of E2 on reproductive organ weights Putz et al., ( 2001). Data from Table 3 of the white paper has been corrected accordingly.

° Litter size of high prolificacy selected strains does not decline to the " original" population mean following relaxation of selection ( Eklund and Bradford, 1977).

° Relaxed selection in SD derived CD IGS strain rats is thus unlikely to reverse resistance to EDC resulting from long term selection for high prolificacy and return this strain to the sensitivity of the " original" population. 0 1 2 3 4 Wistar Control Wistar DES F344 Control F344 DES SD Control SD DES Inano1996 data. txt Testes Weight (

g) Strain x Treatment The Data of Inano et al., ( 1996) show that SD rats were less responsive, than Wistar MS, and F344 rats to the inhibition of testis weight, seminal vesicle weight, prostate weight and serum testosterone by DES implants ( P< 0.01) Effect of exposure to DES from 3 to 15 months of age * Data of Inano et al., 1996 was requested but not included in the 7/ 25 version of the white paper. From Spearow et al., 1999 Evidence for Strain Differences in Susceptibility of males to estrogenic agents includes: Large Litter Size Selected CD 1 mice are much less sensitive than B6 and C17 strain mice to inhibition oftestes weight by pubertal exposure to E2 ( Spearow et al., 1999). Recent studies show that CD 1 mice are less sensitive than wild derived Mus spretus mice, and > 195 fold less sensitive than B6 strain mice to disruption of testes weight by E2 ( Spearow et al., 2003). Effects of pubertal exposure from 3 to 7 weeks of age to E2 on Testicular Histopathology CD 1 0 µ g E2 Implants B6 0 µ g E2 Implants Normal spermatogenesis in CD 1 and B6 strain mice in response to pubertal exposure to 0 µ g E2 Implants. Effects of pubertal exposure from 3 to 7 weeks of age to E2 on Testicular Histopathology.

CD 1 40 µ g E2 Implants B6 40 µ g E2 Implants CD 1 strain mice are much less sensitive than B6 strain mice to the complete disruption of spermatogenesis by E2. Increasing doses of E2 had minimal effects in CD 1, while B6 strain mice showed loss of elongated spermatids and atrophy of seminiferous tubules, with some tubules showing a Sertoli cell only phenotype. Large Litter Size Selected CD 1 mice are much less sensitive than C57BL/ 6J ( B6) and C17 strain mice to inhibition of spermatogenesis by pubertal exposure to E2 ( Spearow et al., 1999).

From Spearow et al., 1999 SD rats are consistently less sensitive than DA/ Han, Alderley Park and especially F344 rats to the effects of BPA on many phenotypes including Uterine Weight, Uterine Histopathology, Puberty, and Sperm counts.

Strain Variation in Susceptibility to Bis Phenol A Endocrine EndpointChemical Sensitive Strains Less Sensitive StrainsReference Uterine WeightBPADa/ Han Wistar, SD Diel et al 2001 Uterine WeightBPAF344 SD Steinmetz et al., 1998 Hormone LevelsBPAF344 ( Prl) SD ( Prl) Steinmetz et al., 1997 Female Tract HistopathologyBPAF344 ( females) SD ( females) Long et al.,

2000 Female Tract HistopathologyBPAF344 ( females) SD ( females) Bailey et al 2002 VOBPAAPSD Tinwell et al.,

2002 Andrology ( Sperm Counts) BPAAP SD Tinwell et al.,

2000 Uterine WeightNPAP SD Odum et al.,

1999a Male Reprod. Organ Wts. BPAC57BL/ 6N, ICR Nagao et al.,

2002 Endocrine EndpointChemical Sensitive Strains Less Sensitive StrainsReference Estrous cycle/ ovulationAtrazineLE SD Cooper et al.,

2000 Fertility/ gestatio nal effectsAtrazineHoltzman, F344 SD, LE Cummings et al.,

2000 Fertility/ gestatio nal effectsAtrazineF344 SD, LE Narotsky et al.,

2001 Hormone LevelsAtrazineLE ( LH, Prl) SD ( LH, Prl) Cooper et al.,

2000 Hormone LevelsAtrazineHoltzman ( P) SD ( E2, P) Cummings et al.,

2000 Estrous cycle ( Persistent Estrus) AtrazineSD F344 Eldridge et al.,

1994 Mammary Gland Histopath. FemaleAtrazineSD ( females) F344 ( females) Eldridge et al.,

1994 Hormone LevelsAtrazineSD ( E2) F344 ( E2) Eldridge et al.,

1994 Uterine WeighttamoxifenSDF344 Bailey et al.,

2002 SD and in some cases LE rats were less sensitive than some other strains to the effects of atrazine on estrous cyclicity, gestational loses, as well as LH, Prl and/ or Progesterone levels.

But, SD is more sensitive than F344 to tamoxifen and effects of long term (> 3 month exposure) to atrazine on persistent estrous, elevated E2 and mammary tumors.

Strain Variation in Susceptibility to Atrazine & Tamoxifen A very limited number of strains, all of which are outbred, havebeen compared for reproductive responses to androgen disruptors. Data on inbred strains is needed, the existing data do not show a consistent strain difference, except LE is more sensitive than Wistar rats.

Endocrine EndpointChemical Sensitive Strains Less Sensitive StrainsReference AGDflutamideSD, LE You et al., 1998 Nipple retentionflutamideSD, LE You et al., 1998 Male Reprod. Organ Wts. flutamideLE, SD You et al., 1998 AGDp, p' DDELE SD You et al., 1998 Nipple retentionp, p' DDESD LE You et al., 1998 PPSp, p' DDESD, LEYou et al., 1998 VOp, p' DDESD, LE You et al., 1998 Hormone Levelsp, p'DDESD ( FSH, E2, T4) LE ( FSH, Prl, LH) O'Connor et al.,

1999 Hormone Levelsp, p'DDE LE ( E2, T4, T, DHT,

TSH) SD ( Prl, LH, T,

DHT, TSH) O'Connor et al.,

1999 Nipple retentionvinclozolinLE > Wistar Hellwig et al.,

2000 Male Reprod. Organ Wts. vinclozolinLE Wistar Hellwig et al.,

2000 Reprod. Organ Histopath. vinclozolinLE ( males) Wistar ( males) Hellwig et al.,

2000 Strain Variation in Susceptibility to Androgen Disruptors Strain Variation in Susceptibility to Thyroid Hormone Disruptors ° TCDD has multiple targets and multiple adverse effects. Male Turku Long Evans rats are greater than 300 fold more resistant than Han/ Wistar rats to the lethal effects of TCDD.

° LE rats were more sensitive than Han/ Wistar rats to the inhibition of T4 by TCDD.

° In uteroexposure to TCDD increased Testosterone ( T) in Han/ Wistar but not in LE rat testes.

° Strain differences in effects of RxR ligands are unknown.

Endocrine EndpointChemical Sensitive Strains Less Sensitive StrainsReference Hormone LevelsTCDDHan/ Wistar ( T, LH) LE ( T, LH) Haavisto et al.,

2001 Hormone LevelsTCDDLE ( T4) Han/ Wistar Pohjanvirta et al., 1989 Hormone LevelsTSH, TRHSD, F344 ( T4) Fail et al.,

1999 Hormone LevelsTSH, TRHF344 ( T3) SD ( T3) Fail et al.,

1999 Strain Variation in Susceptibility to the Disruption of Estrous Cyclicity or Gestation Large litter size selected strains including SD and LE rats, as well as, CD 1 mice were less sensitive than F344 and BN rats & B6 mice, respectively, to the disruption of estrous cycles and/ or gestation by feed restriction, atrazine, BDCM and/ or E2. The robust gestation of large litter size selected strains is associated with decreased sensitive to the disruption of pregnancy.

Endocrine EndpointChemical Sensitive Strains Less Sensitive StrainsReference Litter SizeUntreated BN < DA < Lewis < F344Wistar< LE = SD Harlan Breeding Data Estrous cycle feed restrictionF344, BN SD, LE Tropp et al.,

2001 Estrous cycle/ ovulationAtrazineLE SD Cooper et al.,

2000 Fertility/ Gestational LossAtrazineHoltzman, F344 SD, LE Cummings et al.,

2000 Fertility/ Gestational LossAtrazineF344 SD, LE Narotsky et al.,

2001 Fertility/ Gestational LossBDCMF344 SD Bielmeier et al.,

2001 Litter Size / Gestational LossUntreated CN = CN1, Small litter size Strains < C17, B6 Normal Litter Size Large Litter Size S15< CD 1 Spearow Breeding Records Fertility/ Gestational LossE2B6CD 1 Spearow et al.,

2003 The pattern of strain differences in susceptibility to endocrine disruption by other EDC is not as clear as for estrogenic agents, and likely depends on genetic mechanisms by which each EDC acts F344 rats are sensitive to several EDC, except for being about 50% less responsive to D4 than SD rats. Additional strains need to be compared for EDC with other mechanisms of action.

Strain Variation in Susceptibility to Other Diverse Chemicals Endocrine EndpointChemical Sensitive Strains Less Sensitive StrainsReference Reprod. Organ Histopath. DMAB F344> ACI>

Lewis> CDWistar ( males) Shirai et al,

1990 Andrology ( Sperm Counts) leadSD Apostoli et al.,

1998 Reprod. Organ Histopath. FemalecadmiumF344 WF ( cadmium) Rehm and Waalkes, 1988 Uterine WeightD4SDF344 McKim et al.,

2001 Fertility/ gestatio nal effectsBDCMF344 SD Birlmeier et al.,

2001 Male Reprod. Organ Wts. DEHPCD 1 Jcl: ICR Oishi et al.,

1993 Partial Recommendation 1) SD rats were much less sensitive than other strains, and especially F344 strain rats to the disruption of:

° Most male and female reproductive phenotypes by estrogen;

° All male and female reproductive phenotypes by BPA;

° Gestation by diverse EDC; and,

° Several phenotypes by short term exposure to atrazine.

° Thus, SD rats should be avoided and F344 rat preferred to provide a more sensitive and reproducible model for such endocrine exposures.

2) However, F344 is less sensitive for several endpoints to partial estrogen agonists/ antagonists such as tamoxifen, long term atrazine and agents with other mechanisms of action such as D4.

3) The sensitivity of F344 to androgen, thyroid hormone and/ RXR disruptors is largely unknown.

° Thus, multiple, diverse strains in addition to F344 are required to insure that at least one strain in the EDSP is sensitive to the EDC being tested. Conclusions:

1) Strains of rats and/ or strains of mice differ significantly in susceptibility to the disruption of reproductive development and function by:

° Estrogenic agents, including E2, DES, Bisphenol A, & NP;

° Partial E2 agonists/ antagonists including Atrazine & Tamoxifen;

° Androgen disruptors, including p, p' DDE & Vinclozolin;

° Thyroid hormone disruptors, including TCDD;

° EDC with other mechanisms of action including, DMAB, &

Cadmium;

° EDC which disrupt gestation including E2, BDCM, & Atrazine.

2) While few studies have conducted extensive dose response curves, the magnitude of Strain Differences in Susceptibility to EDC range from a few percent to over 195 fold.

3) There was no one strain most sensitive to all EDC, or all phenotypic endpoints.

4) There was no one strain most sensitive to all androgen disruptors,

or all " other" EDC. Conclusions:

5) Strain differences in susceptibility to endocrine disruption were clearest for estrogenic agents and for the disruption of gestation.

6) Large litter size selected SD rats were less sensitive than F344,

and in some cases other strains of rats, to the effects of E2 on most endpoints in males, and females. Large litter size selected CD 1 mice were also less sensitive than B6 strain mice to the effects of E2 on most endpoints in males, and females.

7) Large litter size selected SD rats were also consistently less sensitive than F344 strain rats to the effects of BPA on both male and female endpoints.

8) Reproductively robust, large litter size selected strains including SD and LE rats, as well as, CD 1 mice were less sensitive than F344 and BN rats & B6 mice, respectively, to the disruption of estrous cycles and/ or gestation by several EDC.

9) Thus, SD strain rats should be avoided and F344 rats preferred as one of the strains needed to provide a more sensitive and reproducible model for detection of estrogenic EDC. Summary 10) The use of isogenic strains rather than outbred strains in the EDSP will provide more precise and reproducible bioassays for detecting endocrine disrupting activities.

11) Given the finding of many Strain x Endocrine disrupting agent interactions, and no single optimal strain for detecting all endocrine agents, conducting EDSP assays with multiple strains on different isogenic genetic backgrounds would better insure that all the animals tested are not resistant to the endocrine disrupting chemical ( EDC) being analyzed.

Otherwise, the use of a single strain, especially one which is genetically resistant to certain EDC in the EDSP, risks underestimating effects of EDC on sensitive genotypes. * Confounders, Ligands, and Potential Genotype x Environment interactions that need consideration in EDSP assays:

° RxR ligands disrupting Thyroid Hormone action: Thyroid hormone Receptor ( TR) / Retinoid X receptor ( RxR) heterodimer binds to Thyroid hormone Response Element ( TRE) to regulate gene transcription. Since the RxR is not a silent partner ( Li, et al 2003),

the EDSP needs to consider both potential TR and RxR ligands in in vitroand in vivoscreens for Thyroid Hormone disruptors.

° Potential for strain differences in interactions of thyroid and reproductive hormones on the induction of hepatic Cyp, Epoxide hydrolase and other enzymes involved in xenobiotic metabolism.

° Using a no/ low rather than a high phytoestrogen diet ( PMI 5002)

since: a) varieties of Soybeans with much lower and much higher phytoestrogens are being developed, risking the uniformity of EDSP diets and, b) variation in phytoestrogen levels is likely to confound the detection of weak estrogenic agents with beneficial as well as detrimental effects. Reference Data: Some Commercially Available Inbred strains of rats Inbred ( Harlan Data)

Rat Strain Approx. Litter Size Coat color Genetic origin ACI Agouti Black Closely related to COP ( E2 sensitive)

BN 4.5 NonAgouti Brown Wild Copenhagen ( COP) Brown Hooded Curtis and Dunning at Columbia DA 6.0 Agouti F344 8.0 Albino From Curtis at Columbia Lewis 7.5 Albino Wistar derived PVG 4.5 Black hooded Other Wistar Inbreds ~ 5 Albino Wistar Wistar Furth 5.5 Albino Wistar Note that use of strains with different coat colors in the EDSP will eliminate potential strain mix ups. Reference Data: Some Commercially Available Outbred strains of Rats Outbred Strain Approx. Litter Size Coat color Genetic origin Previous Selection ( Harlan Data) History SD ( HSD) 10.5 Albino Wild x Wistar derived * LLSS SD ( CD) ( CRL) Albino Wild x Wistar derived Extensive LLSS Long Evans ( CRL) Black hooded Wild x Wistar derived Extensive LLSS Long Evans ( HSD) 10.8 Black hooded Wildx Wistar derived LLSS ( Blue Spruce)

Wistar 9.5 Albino Wistar ( CRL) LLSS Wistar Hannover 9.5 Albino Wistar * LLSS = Historic Large Litter Size Selection either by former orcurrent commercial breeder/

supplier. Charles River Laboratories ( CRL) selected CD, LE and Wistar outbred stocks mainly for large litter size with more limited selection for increased vigor from the acquisition of the stocks until the early 1990s. Note after 1991 most stocks wereno longer selected for large litter size due to concerns raised. Yet these stocks are the products of long term selection mainly for large litter size. Harlan Sprague Dawley = HSD References Cited:

Eklund, J. and G. E. Bradford ( 1977). " Genetic analysis of a strain of mice plateaued for litter size." Genetics 85( 3): 529 42.

Inano, H., K. Suzuki, M. Onoda and K. Wakabayashi ( 1996). " Relationship between induction of mammary tumors and change of testicular functions in male rats following gamma ray irradiation and/ or diethylstilbestrol." Carcinogenesis 17( 2):

355 60.

Li, D., T. Li, F. Wang, H. Tian and H. H. Samuels ( 2002). " Functional evidence for retinoid X receptor ( RXR) as a nonsilent partner in the thyroid hormone receptor/ RXR heterodimer." Mol Cell Biol 22( 16): 5782 92.

http:// www. ncbi. nlm. nih. gov/ entrez/ query. fcgi? cmd= Retrieve& db= PubMed& dopt=

Citation& list_ uids= 12138189 Putz, O., C. B. Schwartz, G. A. LeBlanc, R. L. Cooper and G. S. Prins ( 2001). " Neonatal low and high dose exposure to estradiol benzoate in the male rat: II. Effects on male puberty and the reproductive tract." Biol Reprod 65( 5): 1506 17.

http:// www. ncbi. nlm. nih. gov/ entrez/ query. fcgi? cmd= Retrieve& db= PubMed& dopt=

Citation& list_ uids= 11673268 Spearow, J. L. and M. Barkley ( 2001). " Reassessment of models used to test xenobiotics for oestrogenic potency is overdue." Hum Reprod 16( 5): 1027 9.

http:// www. ncbi. nlm. nih. gov/ cgi

bin/ Entrez/ referer? http:// humrep. oupjournals. org/ cgi/ content/ abstract/ 16/ 5/ 1027 Spearow, J. L., D. R. Morris, U. Wong, R. Altafi, T. Stearns, K. J. Mogel, M. R.

Sanford, S. W. Eteiwi and M. Barkley ( 2002). Genetic Control of Susceptibility to Endocrine Disruption of Testicular Development and Spermatogenesis by Estradiol.

2002 Annual Meeting of the Endocrine Society, San Francisco, CA.

Spearow, J. L., D. R. Morris, U. Wong, A. Hawatky, E. Burden, L. Martinez, B. M.

Lang, H. Ordonez and M. Barkley ( 2003). Genetic Variation Between Strains of Mice in Susceptibility to the Disruption by Estradiol, of Pubertal Reproductive Development, Spermatogenesis, Fetal Survival and Gestation. 36th Annual Meeting of the Society for the Study of Reproduction, Cincinnati, Ohio.


[Federal Register: August 15, 2008 (Volume 73, Number 159)]
[Notices]
[Page 47957]
[DOCID:fr15au08-72]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0038]

Bisphenol A Subcommittee of the Science Board to the Food and
Drug Administration; Notice of Meeting

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

    This notice announces the following meeting: Bisphenol A (BPA)
Subcommittee of the Science Board to the Food and Drug Administration
(FDA) meeting. The topic to be discussed is the draft assessment of BPA
for use in food contact applications. The Subcommittee will hear and
discuss the draft assessment of BPA for use in food contact
applications, including oral presentations from the public.
    Date and Time: The meeting will be held on September 16, 2008, at 9
a.m. to 3:30 p.m.
    Location: Hilton Washington, WashingtonDC/Rockville Executive
Meeting Center, Plaza Ballroom, 1750 Rockville Pike, Rockville, MD
20852.
    Contact Person: Carlos Pe[ntilde]a, Office of Science and Health
Coordination, Office of the Commissioner (HF-33), Food and Drug
Administration, 5600 Fishers Lane, (for express delivery, rm. 14B-08)
Rockville, MD 20857,<PHONE_NUMBER>, or by e-mail:
<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), code
3014512603. Please call the Information Line for up-to-date information
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call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: The Subcommittee will hear and discuss the draft assessment
of BPA for use in food contact applications, including oral
presentations from the public. FDA's draft assessment of BPA and FDA's
charge to the Subcommittee will be posted on or after August 15, 2008,
on FDA's Web site at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm,
click on the year 2008 and scroll down to the appropriate advisory
committee link.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2008 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the Subcommittee.
Written submissions may be made to the contact person on or before
September 12, 2008. Oral presentations from the public will be
scheduled between approximately 11 a.m. and 12 noon and between
approximately 1 p.m. and 2 p.m. on September 16, 2008. Those desiring
to make formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before September 4, 2008. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by September 5, 2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
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    FDA welcomes the attendance of the public at its advisory committee
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    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 11, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-18864 Filed 8-14-08; 8:45 am]

BILLING CODE 4160-01-S