[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Notices]
[Page 37059-37061]
[DOCID:fr06jy07-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55983; File No. SR-Amex-2007-68]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify the Fees Charged to Member Organizations for Transactions in
Exchange-Traded Funds and To Implement a Revenue Sharing Program for
Specialists in Exchange-Traded Funds

June 29, 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 June 28, 2007, the American Stock Exchange LLC (``Exchange'' or
``Amex'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to: (1) Amend the Exchange Traded Funds
(``ETFs'') and Trust Issued Receipts Fee Schedule (``Fee Schedule'') to
revise various transaction fees; and (2) adopt a revenue sharing
program for specialists and registered traders in ETFs. The text of the
proposed rule change is available on the Exchange's Web site (http://www.amex.com
), at the Exchange's principal office, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    a. Charges Assessed for Transactions in Customer Accounts
    The Exchange proposes to revise the fees it charges to members for
transactions in customer accounts.\3\ Currently, Amex transaction
charges for ETFs are assessed for customer accounts monthly on a per-
share basis with the application of various caps and discounts. The
Exchange now proposes to: (1) Decrease the transaction charge for
customers from $0.0030 to $0.0023 (given the lower rate, the $100 per
transaction cap will result in transaction charges being assessed only
on the first 43,478 shares); (2) eliminate the waiver of fees for
electronically entered orders of 2,400 shares or less; (3) establish a
flat rate of $0.0007 per share (or seven cents per 100 shares) for
clearing charges for orders routed to and executed at another market
center; (4) establish a flat rate of $0.0030 per share for orders
routed to and executed at another market center; \4\ and (5) establish
a fee of 0.3% of the total dollar value of the transaction for ETFs
trading with a share price of less than $1.00.\5\
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    \3\ Customer accounts are defined for purposes of the fee
schedule to include accounts for all market participants except
specialists and registered traders. Therefore, customer accounts
(and the fees charged to them) include members' off-floor
proprietary accounts, competing market makers on other exchanges,
and other member and non-member broker-dealers.
    \4\ Orders routed to and executed at another exchange are
charged this fee in lieu of the Amex transaction charge.
    \5\ Item (5) was corrected to clarify that the proposed fee
change set forth therein applies to ETFs and not to equities, as the
text originally read in the Exchange's filing. Telephone
Conversation between Claire McGrath, Senior Vice President and
General Counsel, Exchange, and Nathan Saunders, Special Counsel,
Division of Market Regulation, Commission, on June 29, 2007.
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    b. Transaction Charges for Specialists.
    Currently, ETF specialists and registered traders are assessed a
transaction charge of $0.0003 per share (or 3 cents per 100 shares) for
all shares executed per month. In addition, transaction charges for ETF
specialists are capped at $400,000 per month. There are no caps or
discounts applied to transaction charges for ETF registered traders. In
conjunction with the revenue sharing program described below and a
prohibition on specialist commissions, which is proposed by means of a
separate filing \6\ submitted in conjunction with this proposal, the
Exchange proposes to eliminate

transaction charges for ETF specialists and ETF registered traders and
the $400,000 per-month cap for ETF specialists.
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    \6\ See File No. SR-Amex 2007-67, filed on June 28, 2007.
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    c. Revenue Sharing Program.
    The Exchange proposes to introduce a revenue sharing program for
ETF specialists. Revenue sharing payments will be made from the
Exchange's general revenues and will not be limited to a particular
revenue source. The Exchange's reasons for introducing this revenue
sharing program for specialists reflect a recognition of both the
uncertainties faced by specialists in light of the implementation of
Regulation NMS and their proposed loss of commission income. To provide
ETF specialists with a source of payments in lieu of commissions and to
provide incentives to specialists to quote aggressively in Amex-traded
shares, the Exchange proposes to distribute revenue to the ETF
specialists and ETF registered traders as outlined below. The program
will be in effect through the end of December 2007.
    There will be two ways in which ETF specialists will participate in
revenue sharing. An ETF specialist will receive a payment (calculated
monthly) of $0.0024 per share (or 24 cents per 100 shares) whenever the
specialist either buys or sells its specialty ETF on the Exchange and
is a provider of liquidity in that transaction (e.g., the specialist's
quote is traded against or the specialist offsets an order imbalance as
part of an opening or closing transaction). Additionally, an ETF
specialist will receive a payment (calculated monthly) of $0.0004 per
share (or 4 cents per 100 shares) for all shares executed on the
Exchange in its specialty ETF in which the specialist does not
participate. A registered trader in ETFs will receive a revenue sharing
payment of $0.0010 per share (or 10 cents per 100 shares) whenever the
registered trader either buys or sells an ETF on the Exchange and is a
provider of liquidity in that transaction. Neither the specialist nor
the registered trader will receive a payment when it is a contra-party
to the same transaction.
    Revenue sharing will also be paid on transactions in securities
trading at less than $1.00, equal to the amount collected by the
Exchange. However, the revenue sharing payment for such transactions
will be paid only on the portion of the transaction for which the
Exchange collects revenue. As discussed above, customer transaction
charges are capped at $100 per transaction, which means that
transaction charges are assessed on only the first 43,478 shares. Thus,
for transactions of more than 43,478 shares, specialists and registered
traders will receive payments based only on the first 43,478 shares.
    The revisions to the Fee Schedule and the adoption of a revenue
sharing program for ETF specialists and ETF registered traders will be
implemented beginning July 1, 2007. As discussed above, the Exchange is
also proposing to eliminate ETF specialist commissions in a separate
filing in which the Exchange requests waiver of the 30-day operative
delay under Rule 19b-4(f)(6)(iii) \7\ so that the prohibition on ETF
specialists' commissions will also take effect on July 1, 2007.
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    \7\ 17 CFR 19b-4(f)(6)(iii).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \8\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \9\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among its members and other persons using its
facilities. Specifically, the Exchange is proposing to reduce and/or
eliminate various fees for its market participants while instituting a
revenue sharing program to provide incentives for an increase in order
flow.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    Because the foregoing proposed rule change has been designated by
the Exchange as one that establishes or changes a due, fee, or other
charge imposed by the Exchange, it has become effective upon filing
pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(2)
thereunder.\11\ At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 19b-4(f)(2).
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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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-Amex-2007-68 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-2007-68. 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-2007-68 and should be
submitted on or before July 27, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-13023 Filed 7-5-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26705-26706]
[FR Doc No: 2020-09498]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4516-DR; Docket ID FEMA-2020-0001]

New Hampshire; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New Hampshire (FEMA-4516-DR), dated April 3,
2020, and related determinations.

DATES:  The declaration was issued April 3, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 3, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the State of
New Hampshire resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of New Hampshire.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.

    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, W. Russell Webster, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of New Hampshire have been
designated as adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of New Hampshire.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-09498 Filed 5-4-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63927-63929]
[FR Doc No: 2019-24981]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87521; File No. SR-CboeBZX-2019-094]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Fee Schedule Applicable to the BZX Equities Trading Platform as it
Relates to Pricing for Orders Routed to Cboe EDGA Exchange, Inc. Using
the ALLB, TRIM, or SLIM Routing Strategy

November 13, 2019.
    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 November 1, 2019, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. 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

    Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to amend the fee schedule applicable to the BZX
equities trading platform (``BZX Equities'') as it relates to pricing
for orders routed to Cboe EDGA Exchange, Inc. (``EDGA'') using the
ALLB, TRIM, or SLIM routing strategy. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the BZX Equities fee schedule to
change the pricing applicable to orders routed to EDGA using the ALLB,
TRIM, or SLIM routing strategy, as a result of a recent pricing change
by EDGA effective on November 1, 2019. The Exchange proposes to
implement the proposed change to its fee schedule on November 1, 2019.
Currently, the Exchange provides a rebate of $0.0024 per share for
orders routed to EDGA using the ALLB, TRIM, or SLIM routing strategy
(yielding fee codes AA and BJ), which was a pass-through of the
standard rebate EDGA had previously provided to orders that removed
liquidity from EDGA. Effective November 1, 2019, EDGA reduced its
standard rebate per share for orders that remove liquidity in
securities priced at or above $1.00 from $0.0024 to $0.0018. As such,
the Exchange proposes to similarly reduce the per share rebate for
orders routed to EDGA (yielding fee codes AA and BJ) from $0.0024 to
$0.0018 in order to reflect the reduction in the rebate available for
orders removing liquidity on EDGA.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act.\3\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\4\ which requires that Exchange Rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Members and other persons using its facilities and does not
unfairly discriminate between customers, issuers, brokers or dealers.
The Exchange operates in a highly-competitive market in which market
participants can readily direct order flow to competing venues if they
deem fee levels at a particular venue to be excessive or incentives to
be insufficient.
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    \3\ 15 U.S.C. Sec.  78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange believes that the proposed change is
reasonable because it reflects a pass-through of a recent pricing
change by EDGA for liquidity removing orders, as described above. The
Exchange believes that the proposed change is reasonable because it
will maintain proportionality with the standard corresponding rebate
offered by EDGA while also maintaining Member interest in routing
orders through the Exchange by passing on better pricing to Members
that choose to enter such orders on the Exchange, thereby encouraging
additional order flow to be entered on the BZX Book. The Exchange
believes that additional order flow through the BZX Book will result in
greater liquidity to the benefit of all market participants on the
Exchange by providing more trading opportunities.

    The Exchange also believes that the proposed change constitutes an
equitable allocation of reasonable fees that is not unfairly
discriminatory because the proposed rebate is designed to continue to
reflect the rebate offered (and recently updated) by EDGA to orders
that remove liquidity and would apply equally to all Members that
choose to use the Exchange to route liquidity removing orders to EDGA.
Furthermore, the Exchange notes that routing through the Exchange is
voluntary, and, because the Exchange operates in a highly competitive
environment as discussed below, Members that do not favor the proposed
pricing can readily direct order flow directly to EDGA or through
competing venues or providers of routing services.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
Exchange believes the proposed routing fee change will not impose an
undue burden on competition because the proposed rebate is merely
intended to maintain consistency between the Exchange's rebates for
orders routed to EDGA with the rebates currently offered by EDGA for
liquidity removing orders.
    The Exchange does not believe the proposed rebate will impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. As stated, the Exchange will
uniformly assess the proposed routing fee on all Members who choose to
route orders through the Exchange to EDGA. As noted above, the proposed
rebate intends pass through the same rebates for liquidity removing
orders from EDGA on to Members, thereby, adding order flow to the BZX
Book which will result in more trading opportunities to the benefit of
all market participants on the Exchange.
    The Exchange does not believe the proposed rule change will impose
any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As noted above,
the Exchange operates in a highly competitive market and routing
through the Exchange is voluntary. Therefore, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives,
including 12 other equities exchanges and 32 alternative trading
systems, offer them better value or if they disfavor the proposed
change. Additionally, the Exchange represents a small percentage of the
overall market. Based on publicly available information, no single
equities exchange has more than 17% of the market share.\5\ Therefore,
no exchange possesses significant pricing power in the execution of
equity order flow. Moreover, the Commission has repeatedly expressed
its preference for competition over regulatory intervention in
determining prices, products, and services in the securities markets.
Specifically, in Regulation National Market System (``NMS''), the
Commission highlighted the importance of market forces in determining
prices and SRO revenues and, also, recognized that current regulation
of the market system ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \6\ The fact that this market is
competitive has also long been recognized by the courts. In
NetCoalition v. Securities and Exchange Commission, the D.C. Circuit
stated as follows: ``[n]o one disputes that competition for order flow
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . .''.\7\ Regardless, the Exchange
notes that the proposed change to the EDGA-related routing fee is
merely meant to pass through the rebate associated with executing
orders on that market, and is therefore not designed to have any
significant impact on competition. Accordingly, the Exchange does not
believe its proposed fee change imposes any burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act.
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    \5\ See Cboe Global Markets U.S. Equities Market Volume Summary
(October 28, 2019), available at http://markets.cboe.com/us/equities/market_share/.
    \6\ See Securities Exchange Act Release No. 51808 (June 29,
2015) 70 FR 37495 (August 29, 2015).
    \7\ NetCoalition v. Securities and Exchange Commission, 615 F.3d
525 (D.C. Cir. 2010).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(2)(B).
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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 No. SR-CboeBZX-2019-094 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-CboeBZX-2019-094. 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 website (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 website 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. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File No. SR-
CboeBZX-2019-094, and should be submitted on or before December 10,
2019.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24981 Filed 11-18-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 30, 2009 (Volume 74, Number 188)]
[Notices]
[Page 50185-50187]
[DOCID:fr30se09-44]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0352; FRL-8436-4]

Pesticide Product Registration Approval; Opportunity for Public
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces Agency approval of applications to
register pesticide products containing saflufenacil, a new active
ingredient not included in any previously registered products, pursuant
to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended; and the opening of a comment period on such approval.

DATES: Comments must be received on or before November 30, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0352, by one of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0352. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

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

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

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

II. Background

A. FIFRA Registrations

    On January 31, 2008, EPA received applications from BASF
Corporation, 26 Davis Dr., P.O. Box 13528, Research Triangle Park, NC
27709-3528, to register six new pesticide products containing
saflufenacil as an active ingredient under section 3 of FIFRA, 7 U.S.C.
136a. Saflufenacil is a light dependent peroxidizing herbicide (LDPH)
which acts by inhibiting protoporphyrinogen-oxidase (PPO) in the heme
and chlorophyll biosynthetic pathway in plants. The applications sought
the use of saflufenacil on a wide variety of agricultural use sites
(cereal small grains, corn, chickpeas, cotton, edible beans and peas,
lentils, lupine, sorghum, soybeans, sunflowers, fruit tree orchards,
nut tree orchards and vineyards) as well as non-agricultural sites,
including pine plantations, rights-of-way, bare ground and Christmas
tree plantations.
    The applications have been approved as Kixor Herbicide Technical
(EPA

Registration Number 7969-275), Treevix Powered by Kixor Herbicide (EPA
Registration Number 7969-276), Sharpen Powered by Kixor Herbicide (EPA
Registration Number 7969-278), Integrity Powered by Kixor Herbicide
(EPA Registration Number 7969-279), Optill Powered by Kixor Herbicide
(EPA Registration Number 7969-280), and BAS 800 02/03 Powered by Kixor
Herbicide (EPA Registration Number 7969-277.
    The Agency approved the applications after considering all required
data on risks associated with the proposed use of saflufenacil, and
information on social, economic, and environmental benefits to be
derived from its use. Specifically, the Agency considered the nature of
the chemical and its pattern of use, application methods and rates, and
level and extent of potential exposure. Based on these reviews, the
Agency was able to make basic health and safety determinations which
show that saflufenacil, when used in accordance with widespread and
commonly recognized practice, will not generally cause unreasonable
adverse effects on the environment.

B. FFDCA Tolerances

    Along with the applications for registration of Kixor Herbicide
Technical, Treevix Powered by Kixor Herbicide, Sharpen Powered by Kixor
Herbicide, Integrity Powered by Kixor Herbicide, Optill Powered by
Kixor Herbicide, and BAS 800 02/03 Powered by Kixor Herbicide, BASF
Corporation filed a petition for tolerances under section 408 of the
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. The
petition requested that tolerances be established for residues of
saflufenacil in or on legume vegetables (group 06), citrus fruits
(group 10), pome fruits (group 11), stone fruits (group 12), tree nuts
(group 14), pistachio, cereal grains (group 15), undelinted cotton
seed, cotton gin byproducts, grape, foliage of legume vegetables (group
07), forage, fodder and straw of cereal grains (group 16), sorghum
stover, almond hulls, sunflower seed, animal kidney, and animal liver.
    In the Federal Register of June 13, 2008 (73 FR 33814) (FRL-8367-
3), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of this petition.

III. What Action is the Agency Taking?

    Although the Agency solicited comments on the petition for
tolerances under the FFDCA, it did not do so regarding the applications
for registration under FIFRA. Therefore, EPA is now seeking comment on
the registrations for the saflufenacil technical and end-use products,
issued under section 3 of FIFRA. After consideration of all comments
received, the Agency will take appropriate action based on that
consideration and issue another Federal Register notice responding to
comments received.

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: September 16, 2009.
Rachel C. Holloman,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E9-23213 Filed 9-29-09; 8:45 am]

BILLING CODE 6560-50-S