[Federal Register: February 5, 2007 (Volume 72, Number 23)]
[Notices]
[Page 5288-5289]
[DOCID:fr05fe07-52]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0013; FRL-8111-7]

National Advisory Committee for Acute Exposure Guideline Levels
for Hazardous Substances; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: A meeting of the National Advisory Committee for Acute
Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee)
will be held on March 20-22, 2007, in Irvine, CA. At this meeting, the
NAC/AEGL Committee will address, as time permits, the various aspects
of the acute toxicity and the development of Acute Exposure Guideline
Levels (AEGLs) for the following chemicals: Acetonitrile; acrylic acid;
acrylonitrile; allyl chloride; boron tribromide; bromine chloride;
carbonyl fluoride; chloroacetonitrile; chlorobenzene; diketene;
ethylene fluorohydrin; isobutyronitrile; malononitrile; methanol; N,N-
dimethylformamide; oxygen difluoride; propionitrile; propylene oxide;
silicon tetrafluoride; stibine; tetrachloroethylene; 1,1,1-
trichloroethane; and toluene.

DATES: A meeting of the NAC/AEGL Committee will be held from 10 a.m. to
5 p.m. on March 20, 2007; from 8:30 a.m. to 5:30 p.m. on March 21,
2007; and from 8 a.m. to noon on March 22, 2007.

ADDRESSES: The meeting will be held at the Beckman Center, 100 Academy,
Irvine, CA 92617.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention

and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>    For technical information contact: Paul S. Tobin, Designated
Federal Officer (DFO), Economics, Exposure, and Technology Division
(7406M), Office of Pollution Prevention and Toxics, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. All documents in the docket are listed in the docket's
index available at http://www.regulations.gov. Although listed in the

index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://www.regulations.gov
, or, if only available in hard copy, at the OPPT

Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Meeting Procedures

    For additional information on the scheduled meeting, the agenda of
the NAC/AEGL Committee, or the submission of information on chemicals
to be discussed at the meeting, contact the DFO listed under FOR
FURTHER INFORMATION CONTACT.
    The meeting of the NAC/AEGL Committee will be open to the public.
Oral presentations or statements by interested parties will be limited
to 10 minutes. Interested parties are encouraged to contact the DFO to
schedule presentations before the NAC/AEGL Committee. Since seating for
outside observers may be limited, those wishing to attend the meeting
as observers are also encouraged to contact the DFO at the earliest
possible date to ensure adequate seating arrangements. Inquiries
regarding oral presentations and the submission of written statements
or chemical-specific information should be directed to the DFO.

III. Future Meetings

    Another meeting of the NAC/AEGL Committee is scheduled for June
2007 and a future Federal Register notice will provide details of the
meeting site, dates, and chemicals to be addressed. The following
chemicals may be addressed at this June meeting: Allyltrichlorosilane,
amyltrichlorosilane, butyltrichlorosilane, BZ (3-quinuclidinyl
benzilate), chloromethyltrichlorosilane, chlorosulfonic acid,
dichlorosilane, diphenyldichlorosilane, dodecyltrichlorosilane,
fluorosulfonic acid, hexyltrichlorosilane, magnesium diamide,
methanesulfonylchloride, nonyltrichlorosilane,
octadecyltrichlorosilane, octyltrichlorosilane, osmium tetroxide,
pentaborane, propyltrichlorosilane, silicon tetrachloride,
trichloro(dichlorophenyl)silane, trichlorosilane, and
vinyltrichlorosilane.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances, Health.

    Dated: January 29, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. E7-1792 Filed 2-2-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40807-40809]
[FR Doc No: 2014-16371]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72565; File No. SR-MIAX-2014-31]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule Regarding the MIAX
Market Maker Sliding Scale for Transaction Fees

July 8, 2014.
    Pursuant to the provisions of 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 June 25, 2014, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend its Fee Schedule.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend its current MIAX Market Maker\3\
sliding scale for transaction fees to increase the volume thresholds of
each tier.\4\
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    \3\ ``MIAX Market Maker'' for purposes of the proposed sliding
scale means any MIAX Market Maker including RMM, LMM, PLMM, DLMM,
and DPLMM.
    \4\ See Securities Exchange Act Release No. 71704 (March 12,
2014), 79 FR 15183 (March 18, 2014) (SR-MIAX-2014-11).
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    The sliding scale for MIAX Market Maker transaction fees is based
on the substantially similar fees of the Chicago Board Options
Exchange, Incorporated (``CBOE'').\5\ Specifically, the program reduces
a MIAX Market Maker's per contract transaction fee based on the number
of contracts the MIAX Market Maker trades in a month, based on the
following scale:
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    \5\ See Securities Exchange Act Release Nos. 55193 (January 30,
2007), 72 FR 5476 (February 6, 2007) (SR-CBOE-2006-111); 57191
(January 24, 2008), 73 FR 5611 (January 30, 2008); 58321 (August 6,
2008), 73 FR 46955 (SR-CBOE-2008-78). See also CBOE Fees Schedule,
p. 3.

----------------------------------------------------------------------------------------------------------------
                                                                                Transaction fee
                              Tier                                    Contracts per month         per contract
----------------------------------------------------------------------------------------------------------------
1..............................................................                   1-1,000,000              $0.15
2..............................................................           1,000,001-2,000,000               0.10
3..............................................................           2,000,001-4,000,000               0.05
4..............................................................                    4,000,001+               0.03
----------------------------------------------------------------------------------------------------------------

    The sliding scale would apply to all MIAX Market Makers for
transactions in all products except Mini Options. A MIAX Market Maker's
initial $0.15 per contract rate will be reduced if the MIAX Market
Maker reaches the volume thresholds set forth in the sliding scale in a
month. As a MIAX Market Maker's monthly volume increases, its per
contract transaction fee would decrease. Under the sliding scale, the
first 1,000,000 contracts traded in a month would be assessed at $0.15
per contract. The next 1,000,000 contracts traded (up to 2,000,000
total contracts traded) would be assessed at $0.10 per contract. The
next 2,000,000 contracts traded (up to 4,000,000 total contracts
traded) would be assessed at $0.05 per contract. All contracts above
4,000,000 contracts traded in a month would be assessed at $0.03 per
contract. The Exchange will aggregate the trading activity of separate
MIAX Market Maker firms for the purposes of the sliding scale if there
is at least 75% common ownership between the firms as reflected on each
firm's Form BD, Schedule A.\6\
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    \6\ A MIAX Market Maker's monthly contract volume would be
determined at the firm affiliated level. E.g., if five MIAX Market
Maker individuals are affiliated with member firm ABC as reflected
by Exchange records for the entire month, all the volume from those
five individual MIAX Market Makers will count towards firm ABC's
sliding scale transaction fees for that month. CBOE also aggregates
volume of market maker firms with at least 75% common ownership
between the firms. See Securities Exchange Act Release No. 55193
(January 30, 2007), 72 FR 5476 (February 6, 2007) (SR-CBOE-2006-
111). See also CBOE Fees Schedule, p. 3.
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    The Exchange believes the proposed sliding scale is objective in
that the fee reductions are based solely on reaching stated volume
thresholds. The specific volume thresholds of the tiers were set based
upon business determinations and an analysis of current volume levels.
The specific volume thresholds and rates were set in order to encourage
MIAX Market Makers to reach for higher tiers. The Exchange believes
that the proposed changes to the tiered fee schedule may incent firms
to display their orders on the Exchange and increase the volume of
contracts traded here.
    As mentioned above, the Exchange notes that the proposed sliding
fee scale for MIAX Market Makers structured on contract volume
thresholds is based on the substantially similar fees of the CBOE.\7\
The Exchange also notes that a number of other exchanges have tiered
fee schedules which offer different transaction fee rates depending on
the monthly ADV of liquidity providing executions on their
facilities.\8\
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    \7\ See Securities Exchange Act Release Nos. 55193 (January 30,
2007), 72 FR 5476 (February 6, 2007) (SR-CBOE-2006-111); 58321
(August 6, 2008), 73 FR 46955 (SR-CBOE-2008-78); 71295 (January 14,
2014), 79 FR 3443 (January 21, 2014) (SR-CBOE-2013-129).
    \8\ See, e.g., International Securities Exchange, LLC, Schedule
of Fees, Section VI, C; NASDAQ Options Market, Chapter XV, Section
2.
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    The proposed changes will become operative on July 1, 2014.
2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule
is consistent with Section 6(b) of the Act \9\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \10\ in particular, in
that it is an equitable allocation of reasonable fees and other charges
among Exchange members.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
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    The proposed volume based discount fee structure is not
discriminatory in that all MIAX Market Makers are eligible to submit
(or not submit) liquidity, and may do so at their discretion in the
daily volumes they choose during the course of the billing period. All
similarly situated MIAX Market Makers are subject to the same fee
structure, and access to the Exchange is offered on terms that are not
unfairly discriminatory. Volume based discounts have been widely
adopted by options and equities markets, and are equitable because they
are open to all MIAX Market Makers on an equal basis and provide
discounts that are reasonably related to the value of an exchange's
market quality associated with higher volumes. The proposed fee levels
and volume thresholds are reasonably designed to be comparable to those
of other options exchanges employing similar fee programs, and also to
attract additional liquidity and order flow to the Exchange.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow. The

Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's fees in a
manner that encourages market participants to provide liquidity and to
send order flow to the Exchange.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\11\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-MIAX-2014-31 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2014-31. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2014-31 and should be
submitted on or before August 4, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-16371 Filed 7-11-14; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM

DATE:		March 20, 2015

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Howard J. Hoffman, EPA - OGC

SUBJECT:	February 13, 2015 Meeting with EDF Regarding Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

On February 13, 2015, I met with Tomas Carbonell of the Environmental Defense Fund to discuss legal issues concerning the proposed Clean Power Plan for existing power plants.


[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Notices]
[Pages 26121-26124]
[FR Doc No: 2015-10511]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 31587; 812-14170]

Starboard Investment Trust and Foliometrix, LLC; Notice of
Application

April 30, 2015.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements.

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SUMMARY: Applicants request an order that would permit them to enter
into and materially amend sub-advisory agreements (each, a ``Sub-
Advisory Agreement'' and collectively, the ``Sub-Advisory Agreements'')
without shareholder approval and that would grant relief from certain
disclosure requirements.
    Applicants: Starboard Investment Trust (the ``Trust'') and
Foliometrix, LLC (the ``Adviser'').

DATES:  Filing Dates: The application was filed June 21, 2013, and
amended on February 27, 2014, July 3, 2014, November 26, 2014, and
March 11, 2015.

    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on May 26, 2015, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Brent J. Fields, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants:
the Trust, 116 South Franklin Street, Rocky Mount, NC 27804; the
Adviser, 821 Pacific Street, Omaha, NE 68108.

FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior
Counsel, at<PHONE_NUMBER>, or David P. Bartels, Branch Chief, at (202)
551-6821 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Trust, a Delaware statutory trust, is registered under the
Act as an open-end management investment company. The Trust currently
consists of twenty-three series (each, a ``Series'').\1\
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    \1\ Applicants request that the relief apply to the named
applicants, as well as to any future Series and any other existing
or future registered open-end management investment company or
series thereof that intends to rely on the requested order in the
future and that (i) is advised by the Adviser or by an entity
controlling, controlled by, or under common control with the Adviser
or its successor (each, also an ``Adviser''), (ii) uses the multi-
manager structure described in the application, and (iii) complies
with the terms and conditions set forth in the application (each, a
``Subadvised Series''). All registered open-end investment companies
that currently intend to rely on the requested order are named as
applicants. Any entity that relies on the requested order will do so
only in accordance with the terms and conditions contained in the
application. For the purpose of the requested order, ``successor''
is limited to an entity resulting from a reorganization into another
jurisdiction or a change in the type of business organization. If
the name of any Subadvised Series contains the name of a Sub-Adviser
(as defined below), the name of the Adviser that serves as the
primary adviser to the Subadvised Series, or a trademark or trade
name that is owned by or publicly used to identify that Adviser,
will precede the name of the Sub-Adviser.
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    2. The Adviser is a limited liability company organized under
Oregon law. Each Adviser is or will be registered as an investment
adviser under the Investment Advisers Act of 1940 (``Advisers Act'').
The Adviser serves as the investment adviser to the Series pursuant to
an investment advisory agreement with the Trust (the ``Investment
Management Agreement''). The Investment Management Agreement has been
approved by the Trust's board of trustees (the ``Board''), including a
majority of the trustees who are not ``interested persons,'' as defined
in section 2(a)(19) of the Act, of the Trust, the Series, or the
Adviser (``Independent Board Members''), and by the shareholders of the
relevant Series in the manner required by sections 15(a) and 15(c) of
the Act and rule 18f-2 under the Act. The terms of the Investment
Management Agreement comply with section 15(a) of the Act. Applicants
are not seeking any exemption from the provisions of the Act with
respect to the Investment Management Agreement.
    3. Under the terms of the Investment Management Agreement, the
Adviser, subject to the supervision of the Board, provides continuous
investment management of the assets of each Series. The Adviser
periodically reviews a Series' investment policies and strategies and
based on the need of a particular Series may recommend changes to the
investment policies and strategies of the Series for consideration by
the Board. For its services to each Series under the Investment
Management Agreement, the Adviser receives an investment management fee
from that Series.
    4. The Investment Management Agreement provides that the Adviser
may, subject to the approval of the Board, delegate portfolio
management responsibilities of all or a portion of the assets of a
Subadvised Series to one or more sub-advisers (each, a ``Sub-Adviser''
and collectively, the ``Sub-Advisers'').\2\ If the Adviser determines
to delegate portfolio management responsibilities to one or more Sub-
Advisers, the Adviser will evaluate, select and recommend Sub-Advisers
to manage the assets (or portion thereof) of a Subadvised Series,
oversee, monitor and review the Sub-Advisers and their performance and
their compliance with the Subadvised Series' investment policies and
restrictions.
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    \2\ Each Sub-Adviser will be an investment adviser as defined in
section 2(a)(20) of the Act and registered, or not subject to
registration, under the Advisers Act.
---------------------------------------------------------------------------

    5. Applicants request an order to permit the Adviser, subject to
the approval of the Board, including a majority of the Independent
Board Members, to, without obtaining shareholder approval: (i) Select
certain non-affiliated Sub-Advisers to manage all or a portion of the
assets of a Series and enter into Sub-Advisory Agreements with the Sub-
Advisers, and (ii) materially amend Sub-Advisory Agreements with the
Sub-Advisers.\3\ The requested relief will not extend to any Sub-
Adviser that is an affiliated person, as defined in section 2(a)(3) of
the Act, of the Trust, a Subadvised Series, or the Adviser, other than
by reason of serving as a sub-adviser to one or more of the Subadvised
Series (``Affiliated Sub-Adviser'').
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    \3\ Shareholder approval will continue to be required for any
other sub-adviser changes and material amendments to an existing
Sub-Advisory Agreement with any affiliated sub-adviser (all such
changes requiring shareholder approval referred to as ``Ineligible
Sub-Adviser Changes''), except as otherwise permitted by applicable
law or by rule.
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    6. The terms of each Sub-Advisory Agreement comply or will comply
fully with the requirements of section 15(a) of the Act and have been
or will be approved by the Board, including a majority of the
Independent Board Members and the initial shareholder of the applicable
Subadvised Series, in accordance with sections 15(a) and 15(c) of the
Act and rule 18f-2 thereunder. The Sub-Advisers, subject to the
supervision of the Adviser and oversight of the Board, will determine
the securities and other investments to be purchased or sold by a
Subadvised Series and place orders with brokers or dealers that they
select.
    7. Subadvised Series will inform shareholders of the hiring of a
new Sub-Adviser pursuant to the following procedures (``Modified Notice
and Access Procedures''): (a) Within 90 days after a new Sub-Adviser is
hired for any Subadvised Series, that Subadvised Series will send its
shareholders either a Multi-manager Notice or a Multi-manager Notice
and Multi-manager Information Statement; \4\ and (b) the

Subadvised Series will make the Multi-manager Information Statement
available on the Web site identified in the Multi-manager Notice no
later than when the Multi-manager Notice (or Multi-manager Notice and
Multi-manager Information Statement) is first sent to shareholders, and
will maintain it on that Web site for at least 90 days. Applicants
assert that in the circumstances described in the application, a proxy
solicitation to approve the appointment of new Sub-Advisers provides no
more meaningful information to shareholders than the proposed Multi-
manager Information Statement. Applicants state that each Board would
comply with the requirements of sections 15(a) and 15(c) of the Act
before entering into or amending Sub-Advisory Agreements.
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    \4\ A ``Multi-manager Notice'' will be modeled on a Notice of
Internet Availability as defined in rule 14a-16 under the Securities
Exchange Act of 1934 (``Exchange Act''), and specifically will,
among other things: (a) Summarize the relevant information regarding
the new Sub-Adviser (except as modified to permit Aggregate Fee
Disclosure (as defined below); (b) inform shareholders that the
Multi-manager Information Statement is available on a Web site; (c)
provide the Web site address; (d) state the time period during which
the Multi-manager Information Statement will remain available on
that Web site; (e) provide instructions for accessing and printing
the Multi-manager Information Statement; and (f) instruct the
shareholder that a paper or email copy of the Multi-manager
Information Statement may be obtained, without charge, by contacting
the Subadvised Series.
    A ``Multi-manager Information Statement'' will meet the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Exchange Act for an information statement, except as
modified by the order to permit Aggregate Fee Disclosure. Multi-
manager Information Statements will be filed with the Commission via
the EDGAR system.
---------------------------------------------------------------------------

    8. Applicants also request an order exempting the Subadvised Series
from certain disclosure provisions described below that may require the
Subadvised Series to disclose fees paid by the Adviser to each Sub-
Adviser. Applicants seek an order to permit a Subadvised Series to
disclose (as both a dollar amount and a percentage of the Subadvised
Series' net assets): (a) The aggregate fees paid to the Adviser and any
Affiliated Sub-Advisers; and (b) the aggregate fees paid to Sub-
Advisers (collectively, ``Aggregate Fee Disclosure''). Any Subadvised
Series that employs an Affiliated Sub-Adviser will provide separate
disclosure of any fees paid to the Affiliated Sub-Adviser.

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by a vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires disclosure of
the method of computing and amount of the investment adviser's
compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to a registered investment company to comply with Schedule 14A under
the Securities Exchange Act of 1934 (``1934 Act''). Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A, taken together,
require a proxy statement for a shareholder meeting at which the
advisory contract will be voted upon to include the ``rate of
compensation of the investment adviser,'' the ``aggregate amount of the
investment adviser's fees,'' a description of the ``terms of the
contract to be acted upon,'' and, if a change in the advisory fee is
proposed, the existing and proposed fees and the difference between the
two fees.
    4. Regulation S-X under the Securities Act of 1933 sets forth the
requirements for financial statements required to be included as part
of a registered investment company's registration statement and
shareholder reports filed with the Commission. Sections 6-07(2)(a),
(b), and (c) of Regulation S-X require a registered investment company
to include in its financial statement information about investment
advisory fees.
    5. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that the requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that the shareholders expect the Adviser,
subject to the review and approval of the Board, to select the Sub-
Advisers who are in the best position to achieve the Subadvised Series'
investment objective. Applicants assert that, from the perspective of
the shareholder, the role of the Sub-Advisers is substantially
equivalent to the role of the individual portfolio managers employed by
an investment adviser to a traditional investment company. Applicants
believe that permitting the Adviser to perform the duties for which the
shareholders of the Subadvised Series are paying the Adviser--the
selection, supervision and evaluation of the Sub-Advisers--without
incurring unnecessary delays or expenses is appropriate in the interest
of the Subadvised Series' shareholders and will allow such Subadvised
Series to operate more efficiently. Applicants note that the Investment
Management Agreements and any Sub-Advisory Agreements with Affiliated
Sub-Advisers will remain subject to the shareholder approval
requirements of section 15(a) of the Act and rule 18f-2 under the Act.
    7. Applicants assert that disclosure of the individual fees that
the Adviser would pay to the Sub-Advisers of Subadvised Series that
operate under the multi-manager structure described in the application
would not serve any meaningful purpose. Applicants contend that the
primary reasons for requiring disclosure of individual fees paid to
Sub-Advisers are to inform shareholders of expenses to be charged by a
particular Subadvised Series and to enable shareholders to compare the
fees to those of other comparable investment companies. Applicants
believe that the requested relief satisfies these objectives because
the advisory fee paid to the Adviser will be fully disclosed and,
therefore, shareholders will know what the Subadvised Series' fees and
expenses are and will be able to compare the advisory fees a Subadvised
Series is charged to those of other investment companies. Applicants
assert that the requested disclosure relief will benefit shareholders
of the Subadvised Series because it will improve the Adviser's ability
to negotiate the fees paid to Sub-Advisers. Applicants state that the
Adviser may be able to negotiate rates that are below a Sub-Adviser's
``posted'' amounts if the Adviser is not required to disclose the Sub-
Adviser's fees to the public.
    8. For the reasons discussed above, applicants submit that the
requested relief meets the standards for relief under section 6(c) of
the Act.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions: \5\
---------------------------------------------------------------------------

    \5\ Applicants will only comply with conditions 7, 8, 9 and 12
if they rely on the relief that would allow them to provide
Aggregate Fee Disclosure.
---------------------------------------------------------------------------

    1. Before a Subadvised Series may rely on the order requested in
the application, the operation of the Subadvised Series in the manner
described in the application will be approved by a majority of the
Subadvised Series' outstanding voting

securities as defined in the 1940 Act, or, in the case of a new
Subadvised Series whose public shareholders purchase shares on the
basis of a prospectus containing the disclosure contemplated by
condition 2 below, by the sole initial shareholder before offering the
Subadvised Series' shares to the public.
    2. The prospectus for each Subadvised Series will disclose the
existence, substance, and effect of any order granted pursuant to the
application. Each Subadvised Series will hold itself out to the public
as employing the multi-manager structure described in the application.
Each prospectus will prominently disclose that the Adviser has the
ultimate responsibility, subject to oversight by the Board, to oversee
the Sub-Advisers and recommend their hiring, termination and
replacement.
    3. The Adviser will provide general management services to a
Subadvised Series, including overall supervisory responsibility for the
general management and investment of the Subadvised Series' assets.
Subject to review and approval of the Board, the Adviser will (a) set a
Subadvised Series' overall investment strategies, (b) evaluate, select,
and recommend Sub-Advisers to manage all or a portion of a Subadvised
Series' assets, and (c) implement procedures reasonably designed to
ensure that Sub-Advisers comply with a Subadvised Series' investment
objective, policies and restrictions. Subject to review by the Board,
the Adviser will (a) when appropriate, allocate and reallocate a
Subadvised Series' assets among multiple Sub-Advisers; and (b) monitor
and evaluate the performance of Sub-Advisers.
    4. A Subadvised Series will not make any Ineligible Sub-Adviser
Changes without such agreement, including the compensation to be paid
thereunder, being approved by the shareholders of the applicable
Subadvised Series.
    5. Subadvised Series will inform shareholders of the hiring of a
new Sub-Adviser within 90 days after the hiring of the new Sub-Adviser
pursuant to the Modified Notice and Access Procedures.
    6. At all times, at least a majority of the Board will be
Independent Board Members, and the selection and nomination of new or
additional Independent Board Members will be placed within the
discretion of the then-existing Independent Board Members.
    7. Independent Legal Counsel, as defined in Rule 0-1(a)(6) under
the 1940 Act, will be engaged to represent the Independent Board
Members. The selection of such counsel will be within the discretion of
the then- existing Independent Board Members.
    8. The Adviser will provide the Board, no less frequently than
quarterly, with information about the profitability of the Adviser on a
per Subadvised Series basis. The information will reflect the impact on
profitability of the hiring or termination of any sub-adviser during
the applicable quarter.
    9. Whenever a sub-adviser is hired or terminated, the Adviser will
provide the Board with information showing the expected impact on the
profitability of the Adviser.
    10. Whenever a sub-adviser change is proposed for a Subadvised
Series with an Affiliated Sub-Advisor, the Board, including a majority
of the Independent Board Members, will make a separate finding,
reflected in the Board minutes, that such change is in the best
interests of the Subadvised Series and its shareholders, and does not
involve a conflict of interest from which the Advisor or the Affiliated
Sub-Advisor derives an inappropriate advantage.
    11. No trustee or officer of the Trust or a Subadvised Series, or
partner, director, manager or officer of the Adviser, will own directly
or indirectly (other than through a pooled investment vehicle that is
not controlled by such person), any interest in a Sub-Adviser, except
for (a) ownership of interests in the Adviser or any entity that
controls, is controlled by, or is under common control with the
Adviser; or (b) ownership of less than 1% of the outstanding securities
of any class of equity or debt of a publicly traded company that is
either a Sub-Adviser or an entity that controls, is controlled by, or
is under common control with a Sub-Adviser.
    12. Each Subadvised Series will disclose the Aggregate Fee
Disclosure in its registration statement.
    13. Any new Sub-Advisory Agreement or any amendment to a Subadvised
Series' existing Investment Management Agreement or Sub-Advisory
Agreement that directly or indirectly results in an increase in the
aggregate advisory fee rate payable by the Subadvised Series will be
submitted to the Subadvised Series' shareholders for approval.
    14. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that requested in the
application, the requested order will expire on the effective date of
that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2015-10511 Filed 5-5-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Notices]
[Page 48131]
[FR Doc No: 2015-19754]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, August
13, 2015 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the Closed Meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: August 6, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-19754 Filed 8-7-15; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Page 50759]
[FR Doc No: 2012-20488]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Government/Industry Aeronautical Charting Forum Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

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

SUMMARY: This notice announces the bi-annual meeting of the Federal
Aviation Administration (FAA) Aeronautical Charting Forum (ACF) to
discuss informational content and design of aeronautical charts and
related products, as well as instrument flight procedures development
policy and design criteria.

DATES: The ACF is separated into two distinct groups. The Instrument
Procedures Group (IPG) will meet October 23, 2012 from 8:30 a.m. to
5:00 p.m. The Charting Group will meet October 24 and 25, 2012 from
8:30 a.m. to 5:00 p.m.

ADDRESSES: The meeting will be hosted by Air Line Pilots Association at
535 Herndon Parkway, Herndon, VA 20192.

FOR FURTHER INFORMATION CONTACT: For information relating to the
Instrument Procedures Group, contact Thomas E. Schneider, FAA, Flight
Procedures Standards Branch, AFS-420, 6500 South MacArthur Blvd., P.O.
Box 25082, Oklahoma City, OK 73125; telephone<PHONE_NUMBER>; fax:
(405) 954-2528; Email<EMAIL_ADDRESS>    For information relating to the Charting Group, contact Valerie S.
Watson, FAA, National Aeronautical Navigation Products (AeroNav
Products), Quality Assurance & Regulatory Support, AJV-3B, 1305 East-
West Highway, SSMC4, Station 4640, Silver Spring, MD 20910; telephone:
(301) 427-5155; fax:<PHONE_NUMBER>; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to Sec.  10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App. II), notice is
hereby given of a meeting of the FAA Aeronautical Charting Forum to be
held from October 23 through October 25, 2012, from 8:30 a.m. to 5:00
p.m. at the Air Line Pilots Association, at their offices at 535
Herndon Parkway, Herndon, VA 20192.
    The Instrument Procedures Group agenda will include briefings and
discussions on recommendations regarding pilot procedures for
instrument flight, as well as criteria, design, and developmental
policy for instrument approach and departure procedures. The Charting
Group agenda will include briefings and discussions on recommendations
regarding aeronautical charting specifications, flight information
products, and new aeronautical charting and air traffic control
initiatives. Attendance is open to the interested public, but will be
limited to the space available.
    The public must make arrangements by October 5, 2012, to present
oral statements at the meeting. The public may present written
statements and/or new agenda items to the committee by providing a copy
to the person listed in the FOR FURTHER INFORMATION CONTACT section not
later than October 5, 2012. Public statements will only be considered
if time permits.

    Issued in Washington DC, on August 14, 2012.
Valerie S. Watson,
Co-Chair, Aeronautical Charting Forum.
[FR Doc. 2012-20488 Filed 8-21-12; 8:45 am]
BILLING CODE M


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Wednesday, September 4, 2019 5:03 PM
To:
<EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
September 2019 QA/QC Review of Enclosure 2 Information for EPA 2016 ICR for AK Steel (Excel file)

Katie, Chris:

Thank you again for your efforts in providing your facility information. Now is the time to correct, update, or add to your responses from 2016 for Enclosure 2. Attached is your facility's information in one Excel file.
Please refer to the `Review Instructions' worksheet of the attached spreadsheet for specific review instructions.
The Enclosure 2 data are organized into three groups within the spreadsheet:
A. Air Stack Tests
B. Process Data
C. Non-Stack Test Data (e.g., Opacity, Water Tests, Material Tests, COG Tests, etc.)

Resources worksheets (tabs R-1 through R-4) also are available for your reference and use.
Please review all data compiled by the EPA Contractor. If your data is not correct, please revise or add it to the applicable worksheet. Highlight (in yellow) any changes made with any cell and describe the change in the "Facility Review Comments" column of the applicable worksheet.
If any of the currently missing information is considered "confidential business information" (CBI), please note "CBI" in the empty data cell. Then please provide this CBI information using the CBI procedures described in the original ICR letter sent by EPA in 2016. We can provide again if needed.
If you have any questions, please first send an email to BOTH Gabrielle Raymond, the EPA contractor from RTI, and me at the email addresses below. If we need to speak on the phone, we can follow-up with a call, but we need an email first to ensure contact.
<EMAIL_ADDRESS><EMAIL_ADDRESS>

We will be entering your Enclosure 2 data into the Coke oven RTR subpart CCCCC Modelling file soon after the first of the year 2020, so we need to get all the QA/QC work done during the Fall 2019.
Note that we will be summarizing CBI data in Enclosure 1 separately at some not yet determined point in the future.
Thank you in advance for your work, time and expense helping us get good quality data.
_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Gr (D 243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< AKS-MidOH-CokeOvens-Enclosure2-QA-Emissions-Data-Sept-2019-IndustryQA_AKS-Middletown-OH.xlsx >>


[Federal Register: August 16, 2007 (Volume 72, Number 158)]
[Notices]
[Page 46113-46116]
[DOCID:fr16au07-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56236; File No. SR-Amex-2007-85]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by the American Stock Exchange LLC To Establish a New Class of
Off-Floor Market Makers in ETFs and Equities Called Designated Amex
Remote Traders

August 9, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 8, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Amex. 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.
---------------------------------------------------------------------------

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

    The Amex proposes to adopt changes to its rules to create a new
class of off-floor market makers in all ETF and equity-traded
securities that trade on the Exchange, including the implementation of
related changes to the Exchange's AEMI\SM\ trading platform. These
market makers, to be called ``Designated Amex Remote Traders'' or
``DARTs,'' will electronically enter competitive quotations on a
regular basis sufficient to satisfy market maker regulatory
requirements. Business requirements will include minimum performance
standards, including that the quotations entered must be on one side of
the NBBO for a required percentage of the time in all assigned
securities. The purpose of the new program is to (1) encourage
competitive quoting within the Amex and between the Amex and other
market centers, (2) retain and increase order flow by attracting new
market makers to the Exchange, and (3) encourage greater depth at or
around the NBBO.
    The text of the proposed rule change is available on the Amex's Web
site at http://www.amex.com, the Amex's principal office, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    In order to (1) Encourage competitive quoting within the Amex and
between the Amex and other market centers, (2) retain and increase
equity and ETF order flow in AEMI by attracting new market makers to
the Exchange, and (3) encourage greater depth at or around the NBBO,
the Exchange proposes to adopt changes to its rules to create a new
class of off-floor market makers in all ETF and equity-traded
securities that trade on the Exchange, including the implementation of
related changes to the Exchange's AEMI trading platform. These market
makers, to be called ``Designated Amex Remote Traders'' or ``DARTs,''
will electronically enter competitive quotations on a regular basis
sufficient to satisfy market maker regulatory requirements. DARTs will
also have to meet certain business requirements, which will include
minimum performance standards. The Exchange anticipates that the
implementation of the DARTs program should increase the liquidity
available in those securities to which DARTs are assigned and reduce
the likelihood of tolerance breaches in AEMI due to the resultant
additional depth at or around the NBBO.
    DARTs will be members or member organizations physically located
off-floor that will electronically enter competitive quotations into
AEMI on a regular basis in all securities to which they are assigned in
the DART program. The proposed DART program is similar to the
Supplemental Registered Options Traders (``SROT'') program implemented
by the Amex for options,\3\ with its own unique caveats. Under the DART
proposal, an Amex specialist firm may also be a DART, although it may

not be registered as such in securities in which it is also the
specialist. In ETFs, DARTs will trade in an identical way as Registered
Traders in the same securities on the Exchange when auto-ex is on, with
similar obligations under Exchange rules such as those relating to a
course of dealings that contributes to the maintenance of a fair and
orderly market. DARTs in equity-traded securities will be subject to
the same obligations as DARTs in ETFs and will not be subject to the
stabilization rules that are applicable to equity specialists. DARTs
will not participate in any post-trade allocation in connection with an
auction trade; instead, a DART's participation in an auction pair-off
on the Exchange will be limited to the amount of its quotation on the
AEMI Book at the time of the pair-off.
---------------------------------------------------------------------------

    \3\ See Amex Rule 993-ANTE (Supplemental Registered Options
Traders).
---------------------------------------------------------------------------

    Amex will establish minimum requirements for a DART to remain in
the program, which may be modified by the Exchange from time to time.
First, they must provide competitive quotations on a regular basis
sufficient to satisfy market maker regulatory requirements. Business
requirements will include minimum performance standards determined from
time-to-time by the Exchange, including that a DART's quotations must
be on one side of the NBBO for a required percentage of the time in all
assigned securities. Other such performance standards will include
average displayed size, average quoted spread, and the ability of the
DART to transact in underlying markets in the case of a derivative
security. A DART that fails to comply with one or more of the
performance standards, as determined by the Chief Executive Officer of
the Exchange or his/her designee, may be subject to loss of the
benefits to which it would otherwise be entitled under Amex rules by
virtue of its status as a DART (e.g., rebates for providing liquidity),
including suspension or termination of DART status. A DART may be
either a regular member of the Exchange or an associate member of the
Exchange that meets the requirements for electronic access to the
Exchange's automated systems. DARTs will receive benefits for
participating in and meeting the requirements of the DART program. The
benefits currently being considered by the Exchange may include, but
would not necessarily be limited to:
    (i) Rebates for providing liquidity as the contra to any customer
orders/quotes executed on AEMI;
    (ii) no charges for proprietary trades by DART program
participants; and/or
    (iii) no limitation on the number of equity and ETF securities in
which a DART could be assigned to make markets.
    The Exchange expects that the proposed rules for the DART program
will set a high bar for prospective DART participants, and, while
management anticipates starting the program with a limited group of
DARTS, no specific upper limit on the number of DARTs is anticipated.
In addition to the requirements cited above, DARTs shall be required to
meet eligibility criteria similar to those specified in the SROT
program, which include:
    (i) Adequacy of resources including capital, technology and
personnel;
    (ii) History of stability, superior electronic capacity, and
superior operational capacity;
    (iii) Level of market-making and/or specialist experience in a
broad array of securities;
    (iv) Ability to interact with order flow in all types of markets;
    (v) Existence of order flow commitments;
    (vi) Willingness and ability to make competitive markets on the
Exchange and otherwise promote the Exchange in a manner that is likely
to enhance the ability of the Exchange to compete successfully for
order flow in the equity and ETF securities it trades; and
    (vii) The number of member organizations requesting approval to act
as a DART.
    The Exchange would use the factor relating to the existence of
order flow commitments to evaluate existing order flow commitments
between a DART applicant and order flow providers. A future change to,
or termination of, any such commitments would not be used by the
Exchange at any point in the future to terminate or take remedial
action against a DART. Furthermore, the Exchange would not take
remedial action solely because orders subject to any such commitments
were not subsequently routed to the Exchange. The factor relating to
willingness to promote the Exchange includes assisting in meeting and
educating market participants, maintaining communications with member
firms in order to be responsive to suggestions and complaints,
responding to suggestions and complaints, and other similar activities.
The Exchange would use this criterion to determine which applicants
would best be able to enhance the competitiveness of the Exchange. The
Exchange would not apply this factor to in any way restrict, either
directly or indirectly, a DART's activities as a market maker or
specialist on other exchanges, or to restrict how a DART handle orders
held by it in a fiduciary capacity to which it owes a duty of best
execution.
    Finally, the Exchange will propose in future rule filings certain
other significant changes to AEMI in order to enhance the DART
program's chances of success. Those proposed changes are expected to
include:
    (i) Significantly reducing the parity window from the current two-
second joining time to a significantly shorter time period, which
should increase the competition among liquidity providers to establish
a new market;
    (ii) Providing reserve interest to DARTs and other quoting
participants; and
    (iii) Allowing DARTs to use PPI orders (currently limited to
Specialists and Registered Traders).
    The regulatory requirements applicable to DARTs will be surveilled
for by the NASD Amex Regulatory Division (``NASD'') consistent with
current surveillance procedures for Registered Traders on the Exchange.
NASD staff will work with Amex technical staff on planning the
necessary changes to AEMI to capture required surveillance data and in
surveilling the increased number of market makers that the program is
expected to attract. Adjustments to current technology and surveillance
procedures will likely also be necessitated by the fact that the DARTs
will not be physically located on the floor of the Exchange.
    The specific AEMI rules to which changes are being proposed are
discussed below.
Rule 110A-AEMI. Designated Amex Remote Traders
    This proposed new rule will contain the basic requirements for
DARTs as described herein, in the same manner that Rule 110-AEMI
contains the basic requirements for Registered Traders.
Rule 1A-AEMI. Applicability, Definitions, References and Phase-In
    The Exchange is proposing revisions to Rule 1A-AEMI in order to (i)
Update the definition of the AEMI Book to include electronic
submissions from DARTs, (ii) provide that a Crowd Order includes any
bid or offer in the AEMI Book entered by a DART, (iii) provide a
definition of a DART with a cross-reference to proposed Rule 110A-AEMI,
(iv) update the definition of the Specialist Order Book to exclude bids
and offers of DARTs, and (v) make a minor unrelated correction to the
definition of Exchange Traded Funds (``ETFs'').

Rule 109-AEMI. ``Stopping'' Stock
    The Exchange proposes to revise Rule 109-AEMI to add DARTs to the
list of Amex market participants prohibited from granting or accepting
a stop with respect to a security traded in AEMI.
Rule 112-AEMI. Suspension of Registration of Registered Trader or
Designated Amex Remote Trader
    The Exchange is proposing to add a provision to this rule to
provide for the suspension of the registration of a DART under
circumstances similar to the current provision that provides for the
suspension of a Registered Trader. Both types of participants are
market makers with respect to securities traded in AEMI.
Rule 115-AEMI. Exchange Procedures for Use of Unusual Market Exception
    The Exchange proposes to revise Rule 115-AEMI to provide procedures
that will cover situations in which DARTs are unable to publish
quotations or are streaming in incorrect quotes under unusual market
conditions. The Exchange also is proposing to correct an inaccuracy in
the current rule in order to clarify that such issues with respect to
Registered Traders are handled via the Service Desk and not by a Floor
Official.
Rule 123-AEMI. Manner of Bidding and Offering
    The Exchange is proposing revisions to this rule to provide that
AEMI shall accept electronic bids and offers from DARTs and include
them in the AEMI Book. The proposed changes would also place DARTs on a
par with Specialists and Registered Traders in terms of their ability
to stream bids and offers into AEMI at multiple price levels and would
require (as with Specialists and Registered Traders) that all quotes
provided be two-sided. DARTs would also be prohibited from streaming in
a quote that locks or crosses an existing quote that the same DART has
previously streamed in for the same security.
Rule 128A-AEMI. Automatic Execution
    The Exchange is proposing two minor changes to Rule 128A-AEMI so
that DARTs will be treated in the same manner as Registered Traders in
connection with certain automatic executions when a DART's quotation
(i) matches the Amex Published Quote (``APQ'') on the other side of the
market or (ii) would lock or cross the APQ in certain circumstances.
Rule 128B-AEMI. Auction Trades
    The changes being proposed to this rule would exclude DARTs from
participation in any post-trade allocation in connection with an
auction, as described above.
Rule 157-AEMI. Orders With More Than One Broker
    The Exchange proposes to add a new paragraph to this rule that
would place restrictions on DARTs similar to those that Registered
Traders are subject to in terms of not being able to (i) Place a Crowd
Order with a broker or (ii) maintain an order on the Specialist Order
Book, while the DART is maintaining a bid or offer for the security in
AEMI.
Rule 719-AEMI. Comparison of Exchange Transactions
    The Exchange is proposing to add DARTs to one of the equity account
type codes used for market maker transactions in the equities and ETFs
in which they are registered.
Rule 957. Accounts, Orders and Records of Registered Traders,
Designated Amex Remote Traders, Specialists and Associated Persons
    The Exchange is proposing changes to Rule 957 that will place the
same requirements on DARTs that Registered Traders are subject to with
respect to reporting certain trading accounts and orders to the
Exchange and producing books, records, and other information pertaining
to certain transactions.
2. Statutory Basis
    The proposed rule change is designed to be consistent with
Regulation NMS, as well as consistent with section 6(b) of the Act,\4\
in general, and furthers the objectives of section 6(b)(5),\5\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and national market system and, in general,
to protect investors and the public interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 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
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such 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 Number SR-Amex-2007-85 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-85. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than

those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Amex. 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-Amex-2007-85 and should be
submitted on or before September 6, 2007.
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-16052 Filed 8-15-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Rules and Regulations]
[Page 46660]
[FR Doc No: 2018-20039]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0011; FRL-9983-74--Region 3]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Recticon/Allied Steel
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 3 announces
the deletion of the Recticon/Allied Steel Corp Superfund Site (Site)
located in East Coventry Twp, PA, from the National Priorities List
(NPL). The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
Commonwealth of Pennsylvania, through the Pennsylvania Department of
Environmental Protection, have determined that all appropriate response
actions under CERCLA, have been completed. However, this deletion does
not preclude future actions under Superfund.

DATES: This action is effective September 14, 2018.

ADDRESSES:
    Docket: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-1989-0011. All documents in the docket
are listed on the http://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the site information repositories.
    Locations, contacts, phone numbers and viewing hours are:

USEPA Region III Administrative Records Room, 1650 Arch Street--6th
Floor, Philadelphia, PA 19103-2029,<PHONE_NUMBER>. Business Hours:
Monday through Friday, 8:00 a.m.-4:30 p.m.; by appointment only.
Local Repository, East Coventry Township Municipal Building, 855 Ellis
Woods Road, Pottstown, PA 19464,<PHONE_NUMBER>. Call for Business Hours.

FOR FURTHER INFORMATION CONTACT: Andrew Hass, Remedial Project Manager,
U.S. Environmental Protection Agency, Region 3, 3HS21 1650 Arch Street,
Philadelphia, PA 19103,<PHONE_NUMBER>, email: [email protected].

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is:
Recticon/Allied Steel Corp Superfund Site, East Coventry Twp, PA. A
Notice of Intent to Delete for this Site was published in the Federal
Register (83 FR 33186-33191) on July 17, 2018.
    The closing date for comments on the Notice of Intent to Delete was
August 16, 2018. No adverse or site-specific public comments were
received. As a result, a responsiveness summary was not prepared.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: August 31, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of appendix B to part 300 is amended by removing the listing
under Pennsylvania for ``Recticon/Allied Steel Corp''.

[FR Doc. 2018-20039 Filed 9-13-18; 8:45 am]
 BILLING CODE 6560-50-P