[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Notices]
[Pages 79263-79264]
[FR Doc No: 2020-27019]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1-
Motor vehicle, 2-Rail freight, 3-Cargo vessel, 4-Cargo aircraft only,
5-Passenger-carrying aircraft.

DATES: Comments must be received on or before January 8, 2021.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on December 1, 2020.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
21139-N......................  KULR Technology           172.200, 172.700(a).....  To authorize the
                                Corporation.                                        transportation in commerce
                                                                                of lithium batteries with
                                                                                limited relief from the
                                                                                shipping papers and training
                                                                                required in 49 CFR Subparts
                                                                                C and H of Part 172 of the
                                                                                U.S. HMR when shipped in a
                                                                                thermal containment
                                                                                packaging manufactured by
                                                                                KULR for recycling. (modes
                                                                                1, 2)
21140-N......................  Philips Medical Systems   172.101(j)..............  To authorize the
                                MR, Inc.                                            transportation of MRI
                                                                                machines that contain
                                                                                compressed helium in non-
                                                                                specification pressure
                                                                                vessels. (modes 1, 2, 3, 4,
                                                                                5)
21141-N......................  Pollution Control Inc...  172.320, 173.56(b)......  To authorize the
                                                                                transportation in commerce,
                                                                                for the purpose of disposal
                                                                                only, of certain waste
                                                                                energetic substances and/or
                                                                                articles classed as Division
                                                                                1.1D, subject to the
                                                                                packaging and special
                                                                                provisions prescribed
                                                                                herein. (mode 1)
21142-N......................  Atlas Air, Inc..........  172.101(j),               To authorize the
                                                          172.204(c)(3),            transportation in commerce
                                                          173.27(b)(2),             of explosives forbidden
                                                          173.27(b)(3).             aboard cargo-only aircraft
                                                                                by cargo-only aircraft.
                                                                                (mode 4)
21143-N......................  Tradewater LLC..........  172.700(a), 173.306(a)..  To authorize the
                                                                                transportation in commerce
                                                                                of refrigerant gases in DOT
                                                                                2Q receptacles as limited
                                                                                quantities by motor vehicle
                                                                                and rail without requiring
                                                                                training in accordance with
                                                                                Part 172 subpart H. (modes
                                                                                1, 2)
21144-N......................  Consolidated Nuclear      173.56(b)...............  To authorize the
                                Security LLC.                                       transportation in commerce
                                                                                of certain materials
                                                                                containing low quantities of
                                                                                explosive substances without
                                                                                requiring approval in
                                                                                accordance with 173.56(b).
                                                                                (modes 1, 4)
21145-N......................  Reg Grays Harbor LLC....  173.31(d)(1)(ii)........  To authorize the
                                                                                transportation in commerce
                                                                                of tank cars that have been
                                                                                pneumatic positive pressure
                                                                                tested in lieu of visually
                                                                                inspected prior to shipping.
                                                                                (mode 2)

21147-N......................  IPACKCHEM Group SAS.....  173.158(f)(3)...........  To authorize the manufacture,
                                                                                mark, sale, and use of UN 4G
                                                                                specification packagings for
                                                                                the transport of nitric acid
                                                                                where the primary
                                                                                receptacles are not
                                                                                individually overpacked in
                                                                                tightly closed metal
                                                                                packagings. (modes 1, 2, 3)
21150-N......................  ZECO, Inc...............  172.203(a), 172.302(c),   To authorize the
                                                          173.225(h).               transportation in commerce
                                                                                of Division 5.2 materials in
                                                                                non-authorized bulk
                                                                                packagings. (modes 1, 2)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-27019 Filed 12-8-20; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Notices]
[Pages 5412-5415]
[FR Doc No: 2011-1982]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63761; File No. SR-ISE-2011-04]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change To Establish a New Class
of Market Participant for Index Options

January 25, 2011.
    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 January 12, 2011, International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 ISE proposes to amend its rules to establish a new class of
market participant for index options traded on the Exchange. This new
class of market participants will trade on the Exchange pursuant to a
trading license. The text of the proposed rule change is available on
the Exchange's Web site http://www.ise.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its rules to establish a new class
of market participant for index options traded on the Exchange called
Index Options Primary Market Makers (``IXPMM'') \3\ and Index Options
Competitive Market Makers (``IXCMM''),\4\ collectively referred to as
IXMMs. IXMMs will trade on the Exchange pursuant to a trading license.
---------------------------------------------------------------------------

    \3\ An IXPMM is defined in proposed ISE Rule 2013(a) as a
primary market maker in Eligible Index Options traded on the
Exchange pursuant to proposed ISE Rule 2013.
    \4\ An IXCMM is defined in proposed ISE Rule 2013(a) as a
competitive market maker in Eligible Index Options traded on the
Exchange pursuant to proposed ISE Rule 2013.
---------------------------------------------------------------------------

    ISE currently lists options on 28 cash-settled equity indexes.
Currently, three of the 28 indexes--the Russell 2000 Index (RUT), the
Nasdaq-100 Index (NDX), and the Mini-Nasdaq-100 Index (MNX)--account
for over 90 percent of the total index options volume traded at ISE.
Each index options product currently trading on the Exchange is
allocated to a Primary Market Maker (``PMM'') and multiple Competitive
Market Makers (``CMM''). All current PMMs will retain the right to
trade as an IXPMM in all existing and future index products, including
Eligible Index Options (as defined in proposed Rule 2013(c)).
Similarly, all current CMMs will also retain the right to trade as an
IXCMM in all existing and future index products, including Eligible
Index Options.
    Traditionally, new index products have been allocated as part of
the general allocation to the ISE's ``First Market,'' which is the
general market for higher-volume equity, ETF and index options. The
Exchange proposes now to sell trading licenses much like how the
Exchange currently sells foreign currency (``FX'') options trading
licenses to FX market makers.\5\ IXPMM allocations would be based on
the same methodology ISE currently uses for FXPMMs in its FX products,
which is based, in part, on market quality commitments. In addition,
existing market makers will have ``first right'' to be an IXPMM in a
new index product if the terms of its application for becoming an IXPMM
in that product are equal to those of new market makers.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 55575 (April 3,
2007), 72 FR 17963 (April 10, 2007) (SR-ISE-2006-59).
---------------------------------------------------------------------------

    The Exchange believes that introducing trading licenses for index
options will allow for a greater number of market makers to trade new
and untested index products. The market maker trading licenses proposed
herein do not hold any equity interest in the Exchange. An IXMM who is
not a First Market PMM/CMM will not be able to trade in equity or ETF
options traded on the Exchange. This proposal would cover new index
products and currently-traded index options classes that are delisted
by the Exchange and subsequently re-listed.
    Under the proposal, Eligible Index Options are (i) index options
that have a 6-month average daily volume of less than 10,000 contracts
in the U.S. market, and (ii) index options that have a trading history
of less than 6 months, in which case the eligibility threshold would be
prorated proportionately over the time that an index was listed in the
U.S. market. Prior to the listing of an Eligible Index Option, the
Exchange will conduct a one-time eligibility test to determine whether
an index product is an Eligible Index Option. The Exchange will conduct
the eligibility test when an index product is qualified for listing
under ISE rules and prior to its certification with the Options
Clearing Corporation. The Exchange currently follows this process with
regards to the listing of all equity (including ETF) and index option
products traded on the Exchange. The following index products are not
Eligible Index Options: Russell 2000 Index (``RUT''), the NASDAQ-100
Index (``NDX''), and the Mini-NASDAQ-100 Index (``MNX'').
    Current and future First Market PMMs/CMMs may act in the capacity
of an IXCMM for an Eligible Index Option for no additional cost.
Current and future First Market PMMs/CMMs may acquire an IXPMM trading
right by participating in an auction, which participation requires the
submission of a monetary bid and market quality commitments. All things
being equal in

an auction for a trading right for an Eligible Index Option between a
First Market PMM/CMM and a new Member who is not a First Market PMM/
CMM, the Exchange shall allocate the Eligible Index Option to the First
Market PMM/CMM.
    Index options listed on the Exchange prior to December 31, 2010
(``Legacy Index Options'') \6\ already have an IXPMM \7\ assigned thus
those products will not be subject to the auction process found in Rule
2013. A Member who is not a First Market PMM/CMM will be required to
purchase an IXCMM trading license to trade in Legacy Index Options as
an IXCMM. A current and future First Market PMM may trade Legacy Index
Options without having to purchase an additional IXMM trading license.
In the event a Legacy Index Option is de-listed, any future listing of
that Legacy Index Option will be subject to the auction process
applicable to PMMs found in Rule 2013.
---------------------------------------------------------------------------

    \6\ As of December 31, 2010, the following indexes are Legacy
Index Options: Mini FTSE 100 (symbol, UKX); ISE Semiconductors
(BYT); ISE Electronic Trading (DMA); ISE-Revere Natural Gas (FUM);
ISE Water (HHO); ISE Homeland Security (HSX); ISE Long Gold (HVY);
ISE 250 (IXZ); ISE U.S. Regional Banks (JLO); ISE Oil and Gas
Services (OOG); ISE Integrated Oil and Gas (PMP); ISE Bio-
Pharmaceuticals (RND); ISE Homebuilders (RUF); ISE SINdex (SIN); ISE
Nanotechnology (TNY); ISE Revere Wal-Mart Supplier (WMX); KBW Bank
Index (BKX); KBW Mortgage Finance Index (MFX); Morgan Stanley
Technology Index (MSH); Morgan Stanley Retail Index (MVR); Nasdaq Q-
50 Index (NXTQ); Mini-Russell 2000 (RMN); Russell 1000 Index (RUI);
S&P Mid Cap 400 Index (MID); Standard & Poor's Small Cap 600 Index
(SML).
    \7\ The current PMM is deemed the IXPMM for Legacy Index Options
and will receive an IXPMM trading license in the Legacy Index
Option.
---------------------------------------------------------------------------

    The Exchange will conduct a one-time eligibility test where any
index product whose six-month average daily volume (``ADV'') exceeds
10,000 contracts in the U.S. market will not be subject to a market
maker trading license. For index options that have a trading history of
less than six months, the eligibility threshold would be prorated
proportionately over the time that an index was listed. Thus, if an
index has a trading history for just three months in the U.S. market,
the prorated eligibility threshold applied by ISE would be 20,000 ADV.
As noted above, the one-time eligibility test will be conducted prior
to the listing of an Eligible Index Option. The Exchange believes that
index options trading licenses will attract additional market makers
because the costs associated with becoming an index options market
maker will be much lower than those associated with becoming a PMM or
CMM.
    The Exchange notes that while First Market PMMs and CMMs do not
have a need to purchase an additional license, a Member who is not
currently a First Market PMM/CMM will require an IXMM trading license
for each Eligible Index Options product if that Member wants to serve
as an IXMM in an Eligible Index Option. Further, a Member may acquire
and hold an IXMM trading license only if and for so long as such Member
is qualified and approved to be a Member of the Exchange. An IXMM
trading license is not transferable and may not be, in whole or in
part, transferred, assigned, sublicensed or leased; provided, however,
that the holder of the IXMM trading license may, with the prior written
consent of the Exchange, transfer it to a qualified and approved Member
(i) who is an affiliate or (ii) who continues substantially the same
business of such trading right holder without regard to the form of the
transaction used to achieve such continuation, e.g., merger, sale of
substantially all assets, reincorporation, reorganization or the
like.\8\ A Member may purchase an unlimited amount of IXMM trading
licenses across all Eligible Index Options.\9\
---------------------------------------------------------------------------

    \8\ See Proposed ISE Rule 2013(b).
    \9\ See Proposed ISE Rule 2013(d).
---------------------------------------------------------------------------

    Once an IXPMM obtains a trading license in an Eligible Index
Option, the IXPMM will have all of the responsibilities and privileges
of a PMM under the Exchange's rules. For example, IXPMMs will enjoy
privileges that include, among other things, participation rights and
small order execution preference while accepting responsibilities that
include, among other things, the obligation to provide continuous
quotations in an Eligible Index Option for which it has a trading
license, to conducting the opening rotation on a daily basis for as
long as the IXPMM retains a trading license in an Eligible Index
Option. Similarly, once an IXCMM obtains a trading license in an
Eligible Index Option, the IXCMM will have all the responsibilities and
privileges under the Exchange's rules.\10\
---------------------------------------------------------------------------

    \10\ In this Filing, the Exchange also proposes to amend ISE
Rule 802(b) to permit the allocation of Eligible Index Options,
subject to proposed Rule 2013. As a result, market makers in
Eligible Index Options will be subject to the obligations imposed on
Exchange market makers, per Chapter 8 of the Exchange's rules.
---------------------------------------------------------------------------

    Proposed ISE Rule 2013(e) relates specifically to IXPMMs and states
that there will be one (1) IXPMM per each Eligible Index Option and
that all IXPMM trading licenses shall be permanently granted as long as
the IXPMM meets its stated market quality commitments, except that the
Board or designated committee may suspend or terminate any trading
license of a market maker whenever, in the Board's or designated
committee's judgment, the interests of a fair and orderly market are
best served by such action. Further, IXPMM trading licenses will be
sold by means of a sealed bid auction conducted by the Exchange. The
price at which an IXPMM trading license is sold in an auction shall be
referred to as the ``Auction Price.'' The Auction Price paid by an
IXPMM shall remain unchanged for as long as an IXPMM retains a trading
license in the Eligible Index Option. The Exchange will conduct one (1)
sealed bid auction per Eligible Index Option for an IXPMM trading
license. Together with its bid, a Member seeking an IXPMM trading
license must provide, at a minimum, market quality commitments
regarding (i) the average quotation size it will disseminate in an
Eligible Index Option, and (ii) the maximum quotation spread it will
disseminate in such product at least ninety percent (90%) of the time.
At the end of the auction, the Exchange will determine the winning
bidder for an IXPMM trading license based on bid amount and market
quality commitment, and may reject a bid if the Exchange deems a market
quality commitment to be unrealistic or significantly inferior to
market quality commitments submitted by other bidding Members.
    Additionally, under proposed Rule 2013(e)(4), the Exchange will
measure market quality commitments on a quarterly basis to ensure
IXPMMs are in compliance with their stated commitments. Failure to meet
stated commitments may, at the discretion of the Exchange and subject
to the procedural protections provided under the rules of the
Exchange,\11\ result in ISE terminating an allocation and conducting an
auction to reallocate the failing IXPMM's Eligible Index Option to
another Member.\12\ The IXPMM may only change its market quality
commitment to the extent that the new commitments are an improvement to
its existing commitment.
---------------------------------------------------------------------------

    \11\ See Chapter 17 of ISE Rules.
    \12\ A Member seeking an allocation of a failing IXPMM's
Eligible Index Option will be required to compete for that
allocation much the same way that the failing IXPMM competed to get
the allocation initially.
---------------------------------------------------------------------------

    Under proposed Rule 2013(e)(5), current market makers shall be
given priority to purchase a IXPMM trading license in an Eligible Index
Option so long as the terms of a current market maker's bid to purchase
an IXPMM trading license in an Eligible Index Option, as well as its
market quality

commitments for the Eligible Index Option, are equal to those of
Members that are not currently a market maker on the Exchange. After an
IXPMM has purchased a trading license, the IXPMM has the ability to
terminate its obligations as an IXPMM in an index option if the IXPMM
is unable to meet its obligations, provided the IXPMM gives at least 60
days prior written notice to the Exchange of such termination. In the
event the Exchange is unable to re-allocate the IXPMM's index option
product within the notice period and the index option product is singly
listed on ISE, then the IXPMM shall continue to fulfill its obligations
in that product until all open interest has been closed.
    Proposed ISE Rule 2013(f) relates specifically to IXCMMs and states
that there shall be an unlimited number of IXCMM trading licenses
available for purchase by Members who are not currently PMMs or CMMs.
PMMs and CMMs who want to be an IXCMM may request and will be given an
IXCMM trading license without having to pay any additional fee. By
virtue of their status as market makers in the Exchange's primary
market, PMMs and CMMs are deemed qualified to serve as a market maker
in an Eligible Index Option. Additionally, all IXCMM trading licenses
shall be for a term of one year. An IXCMM who is not currently a PMM or
a CMM shall be subject to a fee established by the Exchange. The
Exchange may sell IXCMM trading licenses at any time during a calendar
year. IXCMM trading licenses sold during a calendar year shall be
prorated to reflect the number of trading days in the year. Finally,
all IXCMM trading licenses shall expire at the end of the calendar year
in which they are issued but will be renewed, upon request by PMMs and
CMMs, for subsequent years on an annual basis. An IXCMM, however, may
terminate its trading license prior to its scheduled expiration by
providing at least 10 days prior written notice to the Exchange of such
termination.
    The Exchange believes that the procedures under which market maker
trading licenses will be made available are calculated to comply with
the requirements of Section 6(b)(2) of the Exchange Act regarding fair
access to the facilities of a registered exchange. The sealed bid
auction, by which IXPMM trading licenses will be sold, requires
potential bidders to provide the Exchange with market quality
commitments along with a bid. The Exchange believes that this added
measure of qualification will enable the Exchange to sell these market
maker trading licenses in an objective manner without solely awarding a
trading license to the highest bidder.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \13\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \14\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system in a manner consistent with the
protection of investors and the public interest. In particular, the
Exchange believes the proposed rule change will attract additional
market makers in low-volume index options to the Exchange because the
costs associated with becoming an index options market maker will be
much lower than those associated with becoming a PMM or CMM thus
providing for open access to market makers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2011-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2011-04. 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 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2011-04 and should be
submitted on or before February 22, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1982 Filed 1-28-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61879-61880]
[FR Doc No: 2015-26032]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76091; File No. SR-EDGX-2015-43]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 3.13 (Payments Involving Publications that Influence the Market
Price of a Security)

October 7, 2015.
    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 September 23, 2015, EDGX Exchange, Inc. (``Exchange'' or ``EDGX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been substantially prepared by the Exchange. The Exchange has
designated this proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) 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.
---------------------------------------------------------------------------

    \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)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend EDGX Rule 3.13 to update
references to recently amended FINRA rules and make a ministerial, non-
substantive change. The text of the proposed rule change is available
at the Exchange's Web site at www.batstrading.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 3.13 to update references to a
recently amended FINRA rule and make a ministerial, non-substantive
change. Rule 3.13(a) prohibits Exchange members from ``directly or
indirectly, giv[ing], permit[ting] to be given, or offer[ing] to give
anything of value to any person for the purpose of influencing or
rewarding the action of such person in connection with the publication
or circulation in any electronic or other public media, including any
investment service or similar publication, Web site, newspaper,
magazine or other periodical, radio, or television program of any
matter that has, or is intended to have, an effect upon the market
price of any security.'' The Exchange proposes to amend paragraph (a)
by replacing the term ``Web site'' with ``Web site''.
    Rule 3.13(b) sets forth exceptions to the prohibitions under
paragraph (a) set forth above. These exceptions allow for compensation
paid to a person in connection with the publication or circulation of:
(i) A communication that is clearly distinguishable as paid
advertising; (ii) a communication that discloses the receipt of
compensation and the amount thereof in accordance with Section 17(b) of
the Securities Act of 1933; or (iii) a research report, as that term is
defined in NASD Rule 2711. Rule 3.13 also states that FINRA is in the
process of consolidating certain NASD rules into a new FINRA rulebook.
This provision also states that ``[i]f the provisions of NASD Rule 2711
are transferred into the FINRA rulebook, then Rule 2711 shall be
construed to require Exchange members to comply with FINRA rule
corresponding to NASD Rule 2711 (regardless of whether such rule is
renumbered or amended) as if such rule were part of the Rules of the
Exchange.''
    The Commission recently approved a proposed rule change by FINRA to
transfer NASD Rule 2711 to the FINRA rulebook and redesignate it as
FINRA Rule 2241.\5\ This was proposed as part of FIRNA's process of
consolidating certain NASD rules into the new FINRA rulebook. To
reflect the approval of this recent FINRA proposed rule change, the
Exchange proposes to replace the reference to NASD Rule 2711 with FINRA
2241 under paragraph (b)(3). The Exchange also proposes to delete the
provision within Rule 3.13 referencing the transferring of NASD Rule
2711 to the FINRA rulebook as NASD Rule 2711 was transferred to the
FINRA rule book as Rule 2241 (described above), as no longer necessary.
---------------------------------------------------------------------------

    \5\ See Exchange Act Release No. 75471 (July 16, 2015), 80 FR
43482 (July 22, 2015) (SR-FINRA-2014-047).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that proposed rule change is consistent with
section 6(b)(5) of the Act,\6\ which requires, among other things, that
the Exchange's rules be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
facilitating transactions in securities,

and to remove impediments to and perfect the mechanism of a free and
open market and a national market system. The Exchange does not propose
to amend the prohibition or exceptions of any of its Rule 3.13. The
Exchange believes that by updating cross references to FINRA rules as a
result of the transfer of NASD Rule 2711 to the FINRA rulebook as FINRA
Rule 2241 and making a ministerial, non-substantive change the proposed
rule change would remove impediments to and perfect the mechanism of a
free and open market and a national market system by avoiding potential
investor and member confusion. The Exchange believes that these
clarifying changes also would, in general, protect investors and the
public interest.
---------------------------------------------------------------------------

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

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
propose to amend the prohibition or exceptions of any of its Rule 3.13.
The proposed rule change is not designed to address any competitive
issues but rather update Rule 3.13 to reflect the recent amendment to a
referenced FINRA rule and make a ministerial, non-substantive change.

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

    The Exchange has neither solicited nor received written comments on
the proposal.

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

    The Exchange has designated this rule filing as non-controversial
under section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6)
thereunder.\8\ Because the proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, the proposed rule
change has become effective pursuant to section 19(b)(3)(A) of the Act
and Rule 19b-4(f)(6) thereunder.\9\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4.
    \9\ Rule 19b-4(f)(6) also requires that the Exchange give the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily temporarily suspend the rule
change if it appears to the Commission that this 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 this action, the
Commission shall institute proceedings under section 19(b)(2)(B) of the
Act \10\ to determine whether the proposed rule should be approved or
disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-EDGX-2015-43 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-EDGX-2015-43. 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 such filing will also 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-EDGX-2015-43 and should be
submitted on or before November 4, 2015.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26032 Filed 10-13-15; 8:45 am]
BILLING CODE 8011-01-P


Comment:  A late commenter stated that the information in the record is insufficient for EPA to make a statutory finding that HFO-1234yf is "currently or potentially available."  The commenter stated that a previous decision by the DC Circuit Court (Honeywell International, Inc. V. EPA, 374 F.3d 1363 (D.C. Cir. 2004)) implied that an interpretation of the term "available" in CAA section 612(c)(2) could consider economic factors if EPA adopted such an approach as a reasonable interpretation of the statutory language.  The commenter states that EPA should obtain information as to the anticipated cost of HFO-1234yf if the manufacturer does not grant licenses to produce.
Response:  See section VII.H of the preamble, "Cost, availability, and small business impacts," for our response to these comments
Comment:  In late comments, a commenter stated that to comply with requirements of the Unfunded Mandates Reform Act (UMRA), EPA needed to perform further analysis on the potential costs of EPA's SNAP regulations for HFO-1234yf to determine if the rule would result in the expenditure of $100 million or more per year by the private sector.  In particular, the commenter stated that EPA must obtain more information on pricing and the effect of the manufacturer's patent to determine whether the rule will exceed the $100 million threshold.
Response:  See section VII.H of the preamble, "Cost, availability, and small business impacts," for our response to these comments.
Comment:  In late comments, a commenter requests EPA to keep the comment period open until at least 30 days after EPA determines, and notifies the public, that it believes that it has obtained and made available in the docket "sufficient information" as directed by Congress to adequately assess the probable effects of approving HFO-1234yf as a substitute.
Response:  EPA believes that there was already sufficient information in the public docket at the time of proposal to assess the health and environmental effects of finding HFO-1234yf acceptable as a substitute.  Further, we reopened the public comment period twice to allow the public to comment on additional information and on the interaction between the SNAP rule and the SNUR.  Therefore, we find no need to open the public comment period for a fourth time.  Also see response letter dated November 22, 2010 from Gina McCarthy, Assistant Administrator for Air and Radiation to Donald Elliot, Attorney for Arkema, Willkie Farr & Gallagher LLP in Docket EPA-HQ-OAR-2008-0664.
Timely Completion of the Rule
Comment:  Four commenters urged EPA to approve the use of HFO-1234yf in a timely manner. One commenter urged EPA to do everything possible to move the approval of HFO-1234yf in new vehicles forward. Three commenters urged EPA to approve the use of HFO-1234yf in a timely manner so that manufacturers in the European and American markets have a clear understanding of both EU and U.S. requirements impacting vehicle design for use of HFO-1234yf, and have sufficient time to design and produce vehicles complying with such requirements. One commenter also emphasized that EPA needs to remove any obstacles to commercially available alternative refrigerants for the 2012 model year as 2012 models are typically introduced early in the 2011 calendar year.
Response:  EPA has prepared this final rule as expeditiously as possible.  It is complete prior to the introduction of the 2012 model year and prior to completion of the world's first plant dedicated to producing HFO-1234yf.
Comment:  Some commenters stated that further research on TFA is necessary.  Two commenters stated that approval of HFO-1234yf should not be delayed due to concerns regarding atmospheric and ecological impacts and concerns raised by other commenters. One commenter further stated that sufficient information is currently available on the atmospheric and ecological impacts of HFO-1234yf, and EPA should not delay SNAP approval of HFO-1234yf to collect additional data on these issues.
Response:  EPA has considered additional studies submitted during the public comment period (Luecken et al., 2009; Kajihara et al., 2010) and has performed further research on this issue.  We do not find that it is necessary to delay this rulemaking further in order to perform further research.  Also see section VII.C.5 of the preamble, "Formation of Trifluoroacetic Acid and Ecosystem Impacts."
Comment:  One commenter stated that issues raised by ARPI and AAIA  (regarding the conservative nature of the SAE CRP risk assessment for HFO-1234yf (CRP, 2008)) and EPA's use of that information for risk assessment) can be adequately addressed through the separate SNUR and Section 609 rulemakings.  This commenter stated EPA should not delay the SNAP approval that is urgently needed by automobile manufacturers. A different commenter stated that additional research and review of the available information regarding toxicity of HFO-1234yf needs to be conducted.
Response:  As provided previously, we believe our toxicity assessments to date are sufficient to support this action.  See section VII.D.1 of the preamble, "Toxicity of HFO-1234yf."
Other
Comment:  One commenter requested EPA to include the following requirement in the regulation: "HFO-1234yf or any SNAP listed refrigerant shall not be used as a delivery agent, or propellant, to introduce any chemical substance into mobile air conditioning systems."
In response to that comment, another commenter stated in late comments that they find it advantageous to allow the use of HFO-1234yf as a transfer agent to introduce certain chemicals into HFO-1234yf MVAC systems. The commenter stated that certain non-refrigerant chemicals such as UV dyes, flush products, and other additives such as lubricants have no known health effects.  Furthermore, the commenter stated that vehicle manufacturers validate the material compatibility of these fluids for use in their MVAC systems and that SAE International has established standards for the stability and compatibility of dyes, flush materials, and additives (i.e., J2297 and J2670).
Response:  EPA has not received sufficient information to support adding such a statement as a use condition in the final rule.  However, if a company wanted to introduce HFO-1234yf or any other listed refrigerant as a delivery agent or propellant, it would first be necessary to submit a SNAP application to EPA for an aerosol propellant. It would be necessary to provide EPA with further information at least 90 days before trying to sell HFO-1234yf as a propellant. There may also be obligations under other statutes, such as TSCA.
Comment:  One commenter urged better communication among OAR, ORCR, OPPT, and other EPA offices on regulations affecting multiple offices to ensure regulations encompass a wider array of environmental considerations.
Response:  EPA's Offices of Air and Radiation and Pollution Prevention and Toxics have worked together extensively on issues of risk assessment for HFO-1234yf.  OAR's risk assessment considered the issues concerning risk at vehicle end of life (called "disposal" in EPA's risk screen, EPA-HQ-OAR-2008-0664-0038).  OAR also used the risk assessment from the Office of Pollution Prevention and Toxics in developing this rule (EPA-HQ-OAR-2008-0664-0036).  OAR has also consulted with the Office of Resource Conservation and Recovery concerning the issues raised by commenters about end-of-life recycling of vehicles.
Comment:  One commenter expressed concern that approval of HFO-1234yf as proposed is already a foregone conclusion, and requested clarification of EPA's intent and whether it will seriously consider comments submitted.
Response:  EPA has taken seriously all comments submitted and, in fact, has made several changes to the rule in response to public comments.
Comment:  In late comments, a commenter stated that its company is ready to work with EPA to develop an alternative program that will help improve customer education on the proper use of HFO-1234yf that could further minimize any adverse health or environmental impacts. The commenter also pledged to work with its suppliers to implement any can improvements that could further reduce refrigerant venting during charging.
Response:  A program for customer education and for can improvements to reduce refrigerant emissions during charging would be welcome.  These would be appropriate for inclusion in a supplemental submission to SNAP and in a SNUN for the use of HFO-1234yf in consumer products for servicing, maintenance, or disposal of HFO-1234yf.
Comment: In late comments, a commenter stated that Honeywell did not disclose to the Society of Automotive Engineers (SAE) its patents covering HFO-1234yf until April 9, 2010, and has now made clear that it does not consider itself as having any obligation to license its patents on fair, reasonable and non-discriminatory (FRAND) terms, and has refused to issue a license to the commenter on FRAND terms. The commenter further commented that the SAE Motor Vehicle Committee is currently delaying indefinitely the approval of HFO-1234yf standards, upon which the proposal heavily relies.  The commenter suggests that EPA should therefore re-open the record.
Response:  One of the two SAE standards for HFO-1234yf cited in the proposal, SAE J1739, was already final at the time of proposal.  The second standard, SAE J639, was drafted at the time of proposal and was finalized in February, 2011.  However, the essential provisions of the revised SAE J639 standard were discussed in the preamble to the proposed rule and in documents in the public docket at the time of proposal (e.g., EPA-HQ-OAR-2008-0664-0012).  Those essential provisions were not changed in the 2011 final SAE J639 standard, which we reference in the use conditions.  Thus, we do not find it necessary to re-open the record.
REFERENCES
ATZ.  ATZ. R744 A/C Systems Test Stand and Field Test Experience. ATZ 07-08I2008 Volume 110.  Available online at research.greenpeaceusa.org/?a=download&d=4571
Benesch et al., 2002.  Investigation of Effects of Trifluoroacetate on Vernal Pool Ecosystems.  Environ. Tox and Chem. Vol. 21, No. 3 pp. 640-647.  2002.  Available online at http://www3.interscience.wiley.com/journal/122678081/abstract?CRETRY=1&SRETRY=0
Bera et al., 2009.  Identifying the Molecular Origin of Global Warming.  P. Bera, J. Francisco, and T. Lee.  J. Phys. Chem. A 2009, Vol. 113, pp. 12694-12699. Docket number EPA-HQ-OAR-2008-0664-0057.4.  Available online at http://pubs.acs.org/doi/abs/10.1021/jp905097g
Boutonnet et al., 1999.  "Environmental Risk Assessment of Trifluoroacetic Acid," Human and Ecological Risk Assessment, Feb. 1999.  Available online at http://www.informaworld.com/smpp/content~db=all~content=a922749285~frm=abslink.
Carter, 2009.  Investigation of Atmospheric Ozone Impacts of 2,3,3,3-Tetrafluoropropene.  Final report to Honeywell Internationl Contract UCR-09010016.  William Carter, University of California, Riverside CA.  June 2, 2009.  Available online at http://www.cert.ucr.edu/%7Ecarter/pubs/YFrept.pdf.
Ceviz and Yuksel, 2005.  "Cyclic variations on LPG and gasoline-fuelled lean burn SI engine."  Renewable Energy.  In press.  Available online at http://www.pm-kbase.com/articles/LPGsdarticle(8).pdf.
CRP, 2008.  Risk Assessment for Alternative Refrigerants HFO-1234yf  Phase II. Prepared for SAE International Cooperative Research Program 1234 by Gradient Corporation.  February 26, 2008.  Docket number EPA-HQ-OAR-2008-0664-0008
CRP, 2009.  Risk Assessment for Alternative Refrigerants HFO-1234yf and R-744 (CO2)  Phase III. Prepared for SAE International Cooperative Research Program 1234 by T. Lewandowski, Gradient Corporation.  December 17, 2009.  Docket number EPA-HQ-OAR-2008-0664-0056.2
DuPont, 2010.  DuPont Risk Assessment.  Docket number EPA-HQ-OAR-2008-0664-0135.2.
Gas Explosion Handbook.  Dag Bjerketvedt, Jan Roar Bakke, and Kees van Wingerden.  Gexcon. Prepared for EU-project S2S - A Gateway for Plant and Process Safety.and Gas Safety Programme 1990-1992" (GSP90-92).  Available online at http://www.gexcon.com/handbook/GEXHBchap4.htm ,).
Honeywell, 2010a.  Comment on EPA Proposed Rule (simulated vehicle service leak testing and exposure study).  Docket ID: EPA-HQ-OPPT-2008-0918-0088.
ICF, 2009.  ICF International.  2009.  Revised Final Draft Assessment of the Potential Impacts of HFO-1234yf and the Associated Production of TFA on Aquatic Communities and Local Air Quality.  Docket number EPA-HQ-OAR-2008-0664-0037
ICF, 2010b.  ICF International.  2010.  Revised Assessment of the Potential Impacts of HFO-1234yf and the Associated Production of TFA on Aquatic Communities, Soil and Plants, and Local Air Quality.
ICF, 2010d.  ICF International.  2010.  Analysis of Potential Impacts of Aldehydes as Breakdown Products from HFO-1234yf.
IPCC, 2007.  Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, 2007.  Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.).  Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.  Available online at http://www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html .
JAMA, 2008.  "LCCP Result from JAMA," Japan Automobile Manufacturers Association , T. Ikegami; K. Inui; K. Aoki. VDA Alternative Refrigerant Winter Meeting, Saalfelden, Austria, February 13-14, 2008.  Available online at http://www.vda-wintermeeting.de/fileadmin/downloads2008/presentations/Tohru_Ikegami_Toyota_Kenta_Aoki_Nissan_JAMA.pdf  (begins, p. 23)
Kajihara et al., 2010.  "Estimation of environmental concentrations and deposition fluxes of R-1234-YF and its decomposition products emistted from air conditioning equipment to atmosphere".  H. Kajihara, K. Inoue, K. Yoshida, R. Nagaosa.  February 17-19, 2010.  2010 International Symposium on Next-generation Air Conditioning and Refrigeration Technology.  Docket number EPA-HQ-OAR-2008-0664-0114.1
Luecken et al., 2009. Luecken, D.J., Waterland, R.L., Papasavva, S., Taddonio, K.N., Hutzell, W.T., Rugh, J.P., Andersen, S.O. 2009.  Ozone and TFA Impacts in North America from the Degradation of 2,3,3,3-Tetrafluoropropene (HFO-1234yf), A Potential Greenhouse Gas Replacement. Environ. Sci. Technol., submitted for publication.  Docket number EPA-HQ-OAR-2008-0664-0112.3
MACS, 2010.  MACS Service Reports. Mobile Air Conditioning Society Worldwide.  "Do we Know the Next Refrigerant Yet?  Answers Likely at MACS Convention Feb 5-7.  But Right Now it Looks Like at Least Two New Refrigerants." P. Weissler.  January, 2009.
Meyer J. R-1234yf System Enhancements and Comparison of R134a; Visteon. Presentation prepared for SAE 2008 Alternative Refrigerant Systems Symposium. June 10-12, 2008. Phoenix, AZ.  Available online at http://www2.dupont.com/Refrigerants/en_US/assets/downloads/SmartAutoAC/2008_SAE_ARSS_Visteon_Eval.pdf
Newman et al., 2009.  "HCFCs and HFCs, An update from the SAP (Scientific Assessment Panel), 29th Meeting of the Open-Ended Working Group of the Parties to the United Nations Montreal Protocol, July 2009, Geneva, Switzerland"  Available online at http://www.r744.com/files/news/HCFCs-HFCs-An-update-from-the-SAP.pdf
ORD, 2010.  March 29, 2010 email from Ginger Moser, EPA/Office of Research and Development to Tim Benner, EPA Re: Possible impact on wetlands - comments needed.
Orkin et al., 1997.  Rate constants for the reactions of OH with HFC-245cb (CH3CF2CF3) and some fluoroalkenes (CH2CHCF3, CH2CFCF3, CF2CFCF3, and CF2CF2),  Journal of Physical Chemistry A 101 (1997), pp.9118-9124. Available online at http://pubs.acs.org/doi/abs/10.1021/jp971994r.
Papadimitriou et al., 2007.  CF3CF=CH2 and (Z)-CF3CF=CHF:  temperature dependent OH rate coefficients and global warming potentials.  V. Papadimitriou, R Talukdar, R. Portmann, A. Ravishankaraa and J. Burkholder.  Phys. Chem. Chem. Phys., 2007, Vol. 9, p. 1 - 13.  Docket number EPA-HQ-OAR-2008-0664-0002.  Available online at http://pubs.rsc.org/en/Content/ArticleLanding/2008/CP/b714382f.
Papasavva et al., 2009.  Estimated 2017 Refrigerant Emissions of 2,3,3,3-tetrafluoropropene (HFC-1234yf) in the United States Resulting from Automobile Air Conditioning.  Environ. Sci. Technol. 2009.  43 pp. 9252-9259.  Docket number EPA-HQ-OAR-2008-0664-0112.1.  Available online at http://www.ncbi.nlm.nih.gov/pubmed/20000517.
Wallington et al., 2008.  Emissions of CO2, CO, NOx, HC, PM, HFC-134a, N2O and CH4 from the Global Light Duty Vehicle Fleet.  Meterolo. Z. 17. 109-116.  Available online at http://www.schweizerbart.de/resources/downloads/paper_free/56618.pdf
Wallington et al., 2009.  Prepublication version of Wallington et al., 2010 (see below).
Wallington et al., 2010.  "Estimated Photochemical Ozone Creation Potentials (POCPs) of CF3CF=CH2 (HFO-1234yf) and Related Hydrofluoroolefins (HFOs)."  T. Wallington, M. Andersen, O. Nielsen.  Atmospheric Environment, in press 2010. Docket number EPA-HQ-OAR-2008-0664-0084.2.  Available online at http://www.sciencedirect.com or at doi:10.1016/j.atmosenv.2010.01.040.
UBA, 2009.  Umweltbundesamt. More environmentally friendly mobile air conditioning systems needed now. Press release. March 5, 2009.  Available online at http://www.alliance-co2-solutions.org/docs/german-federal-environment-agency-press-release-CO2.pdf


[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Notices]
[Pages 30385-30386]
[FR Doc No: 2013-12178]

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

Federal Aviation Administration

Approval of Noise Compatibility Program for Tweed-New Haven
Regional Airport

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the Tweed-New
Haven Airport Authority under the provisions of Title I of the Aviation
Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 CFR part
150. These findings are made in recognition of the description of
federal and non-federal responsibilities in Senate Report No. 96-52
(1980). On November 26, 2012, the FAA determined that the noise
exposure maps submitted by the City of Portland under Part 150 were in
compliance with applicable requirements. On May 9, 2013, the New
England Region Airports Division Regional Manager approved the noise
compatibility program. Seventeen of the proposed program elements were
approved, or approved in part. Four of the elements were disapproved.

DATES: Effective Date: The effective date of the FAA's approval of the
Tweed-New Haven Regional Airport noise compatibility program is May 9,
2013.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation
Administration, New England Region, Airports Division, 12 New England
Executive Park, Burlington, Massachusetts 01803, Telephone (781) 238-
7613. Documents reflecting this FAA action may be obtained from the
same individual.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Tweed-New Haven Regional Airport noise
compatibility program, effective May 9, 2013.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereinafter the Act), an airport operator who has previously
submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the noise exposure maps.
    The Act requires such programs to be developed in consultation with
interested and affected parties including local communities, government
agencies, airport users, and FAA personnel.
    Each airport noise compatibility program developed in accordance
with Federal Aviation Regulation (FAR), Part 150 is a local program,
not a federal program. The FAA does not substitute its judgment for
that of the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval of FAR Part
150 program recommendations is measured according to the standards
expressed in Part 150 and the Act, and is limited to the following
determinations:
    (a) The noise compatibility program was developed in accordance
with the provisions and procedures of FAR Part 150;
    (b) program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    (c) program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas

preempted by the federal government; and
    (d) program measures relating to the use of flight procedures can
be implemented within the period covered by the program without
derogating safety, adversely affecting the efficient use and management
of the navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator as
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR Part 150, Section
150.5. Approval is not a determination concerning the acceptability of
land uses under Federal, state, or local law. Approval does not by
itself constitute a FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action.
    Approval does not constitute a commitment by the FAA to financially
assist in the implementation of the program nor a determination that
all measures covered by the program are eligible for grant-in-aid
funding from the FAA under the Airport and Airway Improvement Act of
1982. Where Federal funding is sought, requests for project grants must
be submitted to the FAA Regional Office in Burlington, Massachusetts.
    The Tweed-New Haven Airport Authority submitted to the FAA, on
November 13, 2012, noise exposure maps, descriptions, and other
documentation produced during the noise compatibility planning study
conducted from 2010 to 2012. The Tweed-New Haven Regional Airport noise
exposure maps were determined by FAA to be in compliance with
applicable requirements on November 26, 2012. Notice of this
determination was published in the Federal Register on February 6,
2013.
    The Tweed-New Haven Regional Airport study contains a proposed
noise compatibility program comprised of actions designed for
implementation by airport management and adjacent jurisdictions from
the date of study completion to beyond the year 2018. The Tweed-New
Haven Airport Authority requested that the FAA evaluate and approve
this material as a noise compatibility program as described in Section
104(b) of the Act. The FAA began its review of the program on November
26, 2012, and was required by a provision of the Act to approve or
disapprove the program within 180 days (other than the use of new
flight procedures for noise control). Failure to approve or disapprove
such a program within the 180-day period shall be deemed to be an
approval of such a program.
    The submitted program contained 21 proposed actions for noise
mitigation on and off the airport. The FAA completed its review and
determined that the procedural and substantive requirements of the Act
and FAR Part 150 have been satisfied. The New England Region Airports
Division Manager therefore approved the overall program effective May
9, 2013.
    FAA's determinations are set forth in detail in a Record of
Approval endorsed by the Acting Associate Administrator on May 9, 2013.
The Record of Approval, as well as other evaluation materials and the
documents comprising the submittal, are available for review at the FAA
office listed above and at the administrative offices of Tweed-New
Haven Regional Airport.

    Issued in Burlington, Massachusetts on May 9, 2013.
Mary Walsh,
Manager, Airports Division, FAA New England Region.
[FR Doc. 2013-12178 Filed 5-21-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Notices]
[Pages 32024-32026]
[FR Doc No: 2017-14428]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81077; File No. SR-NYSEArca-2017-55]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To List
and Trade Shares of the GraniteShares Gold Trust Under NYSE Arca
Equities Rule 8.201

July 5, 2017.

I. Introduction

    On March 8, 2017, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares (``Shares'') of the GraniteShares Gold Trust
(``Trust'') under NYSE Arca Equities Rule 8.201. The proposed rule
change was published for comment in the Federal Register on May 25,
2017.\3\ On June 21, 2017, the Exchange filed Amendment No. 1 to the
proposed rule change.\4\ The Commission has not received any comments
on the proposed rule change. This order approves the proposed rule
change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80730 (May 19,
2017), 82 FR 24180 (``Notice'').
    \4\ In Amendment No. 1, the Exchange: (1) Clarified the process
for Authorized Participants to surrender Baskets of Shares; and (2)
provided additional information regarding which futures exchanges
are members of the Intermarket Surveillance Group (``ISG'').''
Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nysearca-2017-55/nysearca201755-1818378-154146.pdf. Amendment No. 1
is not subject to notice and comment because it is a technical
amendment that does not materially alter the substance of the
proposed rule change or raise any novel regulatory issues.
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II. The Description of the Proposed Rule Change, as Modified by
Amendment No. 1 \5\
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    \5\ A more detailed description of the Trust and the Shares, as
well as investment risks, creation and redemption procedures, NAV
calculation, availability of information and fees, among other
things, is included in the Registration Statement, infra note 6.
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    The Exchange proposes to list and trade shares (``Shares'') of the
GraniteShares Gold Trust (``Trust'') under NYSE Arca Equities Rule
8.201.\6\ NYSE Arca Equities Rule 8.201 governs the listing and
trading, or trading pursuant to unlisted trading privileges of
Commodity-Based Trust Shares on the Exchange.\7\
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    \6\ On January 3, 2017, the Trust submitted to the Commission
its draft registration statement on Form S-1 (``Registration
Statement'') under the Securities Act of 1933 (15 U.S.C. 77a).
    \7\ A ``Commodity-Based Trust Share'' is a security (a) that is
issued by a trust that holds a specified commodity deposited with
the trust; (b) that is issued by such trust in a specified aggregate
minimum number in return for a deposit of a quantity of the
underlying commodity; and (c) that, when aggregated in the same
specified minimum number, may be redeemed at a holder's request by
such trust which will deliver to the redeeming holder the quantity
of the underlying commodity. See NYSE Arca Equities Rule
8.201(c)(1).
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    The investment objective of the Trust will be for the Shares to
reflect the performance of the price of gold, less the expenses and
liabilities of the Trust. The Trust will issue Shares which represent
units of fractional undivided beneficial interest in and ownership of
the Trust.
    The Sponsor of the Trust is GraniteShares LLC, a Delaware limited
liability company. The Bank of New York Mellon is the trustee of the
Trust (``Trustee'') \8\ and ICBC Standard Bank

PLC is the custodian of the Trust (``Custodian'').\9\
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    \8\ The Trustee is responsible for the day-to-day administration
of the Trust. The responsibilities of the Trustee include (1)
processing orders for the creation and redemption of Baskets; (2)
coordinating with the Custodian the receipt and delivery of gold
transferred to, or by, the Trust in connection with each issuance
and redemption of Baskets; (3) calculating the net asset value of
the Trust on each business day; and (4) selling the Trust's gold as
needed to cover the Trust's expenses.
    \9\ The Custodian is responsible for safekeeping the gold owned
by the Trust, and will facilitate the transfer of gold in and out of
the Trust (i) through the unallocated gold accounts it may maintain
for each authorized participant or unallocated gold accounts that
may be maintained for an authorized participant by another gold
clearing bank, and (ii) through the unallocated gold accounts it
will maintain for the Trust. The Trust will take delivery of
physical gold that complies with the London Bullion Markets
Association (``LBMA'') gold delivery rules.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposed rule change to list and trade the Shares is consistent with
the Act and the rules and regulations thereunder applicable to a
national securities exchange.\10\ In particular, the Commission finds
that the proposal is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\11\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. The last-sale price for
the Shares will be disseminated over the Consolidated Tape. According
to the Exchange, there is a considerable amount of information about
gold and gold markets available on public Web sites and through
professional and subscription services. Investors may obtain gold
pricing information on a 24-hour basis based on the spot price for an
ounce of gold from various financial information service providers.\12\
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    \10\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \12\ The Exchange states that Reuters and Bloomberg, for
example, provide at no charge on their Web sites delayed information
regarding the spot price of gold and last sale prices of gold
futures, as well as information about news and developments in the
gold market. Reuters and Bloomberg also offer a professional service
to subscribers for a fee that provides information on gold prices
directly from market participants. Complete real-time data for gold
futures and options prices traded on the COMEX are available by
subscription from Reuters and Bloomberg. There are a variety of
other public Web sites providing information on gold, ranging from
those specializing in precious metals to sites maintained by major
newspapers. In addition, the LBMA Gold Price is publicly available
at no charge at www.lbma.org.uk. See Notice, supra note 3, 82 FR at
24182-3.
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    Additionally, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Exchange Act,\13\ which
requires, among other things, that the Exchange's rules be designed to
prevent fraudulent and manipulative acts and practices, 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. The
Commission notes that the Exchange has surveillance-sharing agreements
with significant, regulated markets for trading futures on gold.
Specifically, according to the Exchange, (1) the most significant gold
futures exchange in the U.S. is COMEX, a subsidiary of New York
Mercantile Exchange, Inc., and a subsidiary of the Chicago Mercantile
Exchange Group (``CME Group''), and ICE Futures US (``ICE'') also lists
gold futures; \14\ and (2) the CME Group and ICE are members of the
ISG,\15\ which will allow NYSE Arca to obtain surveillance information
from COMEX and ICE. Both COMEX and ICE are regulated by the U.S.
Commodity Futures Trading Commission (``CFTC'').\16\
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    \13\ 15 U.S.C. 78f(b)(5).
    \14\ See Notice, supra note 3, 82 FR at 24181.
    \15\ See Amendment No. 1, supra note 4.
    \16\ See https://www.theice.com/futures-us/regulation (``ICE
Futures U.S. is a Designated Contract Market pursuant to the
Commodity Exchange Act and regulated by the CFTC.''); Securities
Exchange Act Release No. 68440 (December 14, 2012), 78 FR 75468,
75469 (December 20, 2012) (SR-NYSEArca-2012-28) (COMEX is regulated
by the CFTC).
---------------------------------------------------------------------------

    The Commission believes that the proposed rule change is reasonably
designed to promote fair disclosure of information that may be
necessary to price the Shares appropriately. NYSE Arca Equities Rule
8.201(e)(2)(v) requires that an intraday indicative value (``IIV,''
which is referred to in the rule as the ``Indicative Trust Value'') be
calculated and disseminated at least every 15 seconds. The IIV will be
calculated based on the amount of gold held by the Trust and a price of
gold derived from updated bids and offers indicative of the spot price
of gold. The Exchange states that the IIV relating to the Shares will
be widely disseminated by one or more major market data vendors at
least every 15 seconds during the Core Trading Session.\17\ The NAV of
the Trust will be published by the Sponsor on each day that the NYSE
Arca is open for regular trading and will be posted on the Trust's Web
site.\18\ The Trust also will publish the following information on
their Web site: (1) The mid-point of the bid-ask price as of the close
of trading (``Bid/Ask Price''), and a calculation of the premium or
discount of such price against such NAV; (2) data in chart format
displaying the frequency distribution of discounts and premiums of the
Bid/Ask Price against the NAV, within appropriate ranges, for each of
the four previous calendar quarters; (3) the Trust's prospectus, as
well as the two most recent reports to stockholders; and (4) the last-
sale price of the Shares as traded in the U.S. market.\19\ In addition,
information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers.
---------------------------------------------------------------------------

    \17\ See Notice, supra note 3, 82 FR at 24182-3.
    \18\ See id. at 24184.
    \19\ See id. at 24183.
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    The Commission also believes that the proposal is reasonably
designed to prevent trading when a reasonable degree of transparency
cannot be assured. With respect to trading halts, the Exchange may
consider all relevant factors in exercising its discretion to halt or
suspend trading in the Shares. Trading on the Exchange in the Shares
may be halted because of market conditions or for reasons that, in the
view of the Exchange, make trading in the Shares inadvisable. These may
include: (1) The extent to which conditions in the underlying gold
market have caused disruptions and/or lack of trading, or (2) whether
other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. In addition,
trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule.\20\ The Exchange will halt trading in the Shares if the
NAV of the Trust is not calculated or disseminated daily.\21\ The
Exchange may halt trading during the day in which an interruption
occurs to the dissemination of the IIV; if the interruption to the
dissemination of the IIV persists past the trading day in which it
occurs, the Exchange will halt trading no later than the beginning of
the trading day following the interruption.\22\
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    \20\ See id.
    \21\ See id.
    \22\ See id.
---------------------------------------------------------------------------

    Additionally, the Commission notes that market makers in the Shares
would be subject to the requirements of NYSE

Arca Equities Rule 8.201(g), which allow the Exchange to ensure that
they do not use their positions to violate the requirements of Exchange
rules or applicable federal securities laws.\23\
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    \23\ Commentary .04 of NYSE Arca Equities Rule 6.3 requires that
an ETP Holder acting as a registered market maker in the Shares, and
its affiliates, establish, maintain and enforce written policies and
procedures reasonably designed to prevent the misuse of any material
nonpublic information with respect to such products, any components
of the related products, any physical asset or commodity underlying
the product, applicable currencies, underlying indexes, related
futures or options on futures, and any related derivative
instruments.
---------------------------------------------------------------------------

    In support of this proposal, the Exchange has made the following
additional representations:
    (1) The Shares will be listed and traded on the Exchange pursuant
to the initial and continued listing criteria in NYSE Arca Equities
Rule 8.201.\24\
---------------------------------------------------------------------------

    \24\ See id.
---------------------------------------------------------------------------

    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.\25\
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    \25\ See id.
---------------------------------------------------------------------------

    (3) The Exchange deems the Shares to be equity securities.\26\
---------------------------------------------------------------------------

    \26\ See id. The Commission notes that, as a result, trading of
the Shares will be subject to the Exchange's existing rules
governing the trading of equity securities.
---------------------------------------------------------------------------

    (4) The Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.\27\
---------------------------------------------------------------------------

    \27\ See id. at 24184.
---------------------------------------------------------------------------

    (5) Trading in the Shares will be subject to the existing trading
surveillances administered by the Exchange, as well as cross-market
surveillances administered by FINRA on behalf of the Exchange, which
are designed to detect violations of Exchange rules and applicable
federal securities laws, and that these procedures are adequate to
properly monitor Exchange trading of the Shares in all trading sessions
and to deter and detect violations of Exchange rules and federal
securities laws applicable to trading on the Exchange.\28\
---------------------------------------------------------------------------

    \28\ See id. at 24183. FINRA conducts cross-market surveillances
on behalf of the Exchange pursuant to a regulatory services
agreement. The Exchange is responsible for FINRA's performance under
this regulatory services agreement. See id. at 24183, n.28.
---------------------------------------------------------------------------

    (6) The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares with other
markets and other entities that are members of the ISG, and the
Exchange or FINRA, on behalf of the Exchange, or both, may obtain
trading information regarding trading in the Shares from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares from markets and other entities that
are members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.\29\
---------------------------------------------------------------------------

    \29\ See id. at 24183-84.
---------------------------------------------------------------------------

    (7) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (1)
The procedures for purchases and redemptions of Shares in Baskets
(including noting that Shares are not individually redeemable); (2)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its ETP Holders to learn the essential facts relating to every
customer prior to trading the Shares; (3) how information regarding the
IIV is disseminated; (4) ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; (5) the possibility that trading spreads
and the resulting premium or discount on the Shares may widen as a
result of reduced liquidity of gold trading during the Core and Late
Trading Sessions after the close of the major world gold markets; and
(6) trading information.\30\
---------------------------------------------------------------------------

    \30\ See id. at 24184.
---------------------------------------------------------------------------

    (8) All statements and representations made in this filing
regarding (a) the description of the portfolio, (b) limitations on
portfolio holdings or reference assets, or (c) the applicability of
Exchange listing rules specified in this rule filing shall constitute
continued listing requirements for listing the Shares of the Trust on
the Exchange.\31\
---------------------------------------------------------------------------

    \31\ See id. at 24184.
---------------------------------------------------------------------------

    (9) The issuer has represented to the Exchange that it will advise
the Exchange of any failure by the Trust to comply with the continued
listing requirements and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor for compliance with the
continued listing requirements. If the Trust is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under the NYSE Arca Equities Rule 5.5(m).\32\
---------------------------------------------------------------------------

    \32\ See id.
---------------------------------------------------------------------------

    This approval order is based on all of the Exchange's
representations--including those set forth above, in the Notice, and in
Amendment No. 1--and the Exchange's description of the Trust.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act \33\ and the rules and regulations thereunder
applicable to a national securities exchange.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\34\ that the proposed rule change (SR-NYSEArca-2017-55),
as modified by Amendment No. 1 be, and it hereby is, approved.
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    \34\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
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    \35\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-14428 Filed 7-10-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81320-81321]
[FR Doc No: 2015-32750]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2014-0672; FRL-9940-28]

Pesticide Product Registration; Receipt of an Application for New
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received an application to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on this application.

DATES: Comments must be received on or before January 28, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received an application to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
this application. Notice of receipt of this application does not imply
a decision by the Agency on this application.
    EPA Registration Numbers: 400-461; 400-466; and 400-467. Docket ID
number: EPA-HQ-OPP-2014-0672. Applicant: MacDermid Agricultural
Solutions, Inc., 245 Freight Street, Waterbury, CT 06702-1818. Active
Ingredient: Diflubenzuron. Product type: Insecticide. Proposed uses:
Carrot; Peach; Plum; Tree nut; Pepper/eggplant; Cottonseed; and
Alfalfa. Contact: RD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: December 16, 2015.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-32750 Filed 12-28-15; 8:45 am]
BILLING CODE 6560-50-P