[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Page 20831]
[FR Doc No: 2018-09793]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4302-DR; Docket ID FEMA-2018-0001]

Hoopa Valley Tribe; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
Hoopa Valley Tribe (FEMA-4302-DR), dated February 14, 2017, and related
determinations.

DATES: This amendment was issued April 17, 2018.

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 17, 2018, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Brock Long,
Administrator, Federal Emergency Management Agency, Department of
Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage to the lands associated with
the Hoopa Valley Tribe resulting from a severe winter storm during
the period of January 3-5, 2017, is of sufficient severity and
magnitude that special cost-sharing arrangements are warranted
regarding Federal funds provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act'').
    Therefore, I amend my declaration of February 14, 2017, to
authorize Federal funds for all categories of Public Assistance at
90 percent of total eligible costs.
    This adjustment to the cost sharing applies only to Public
Assistance costs and direct Federal assistance eligible for such
adjustments under the law. The Robert T. Stafford Disaster Relief
and Emergency Assistance Act specifically prohibits a similar
adjustment for funds provided for the Hazard Mitigation Grant
Program (Section 404). These funds will continue to be reimbursed at
75 percent of total eligible costs.

(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.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-09793 Filed 5-7-18; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]
[Page 13825-13826]
[DOCID:fr17mr06-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-541-000]

Old Lane Commodities, L.P.; Notice of Issuance of Order

March 10, 2006.
    Old Lane Commodities, L.P. (Old Lane) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sales of energy,
capacity and ancillary at market-based rates. Old Lane also requested
waiver of various Commission regulations. In particular, Old Lane
requested that the Commission grant blanket approval under 18 CFR part
34 of all future issuances of securities and assumptions of liability
by Old Lane.
    On March 8, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the request
for blanket approval under part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approval of issuances of securities or assumptions of liability by Old
Lane should file a motion to intervene or protest with the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure. 18 CFR 385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is April 7, 2006.
    Absent a request to be heard in opposition by the deadline above,
Old Lane is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
Old Lane, compatible with the public interest, and is reasonably

necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approval of Old Lane's issuances of securities or assumptions
of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3879 Filed 3-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Proposed Rules]
[Page 6338-6339]
[DOCID:fr09fe10-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2008-0664; FRL-9112-6]

Protection of Stratospheric Ozone: New Substitute in the Motor
Vehicle Air Conditioning Sector Under the Significant New Alternatives
Policy (SNAP) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of public comment period.

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SUMMARY: EPA issued a proposed rule in the Federal Register of October
19, 2009, proposing to find HFO-1234yf acceptable, subject to use
conditions as a substitute for CFC-12 in motor vehicle air
conditioning. The proposed substitute is a non-ozone-depleting
substance and consequently does not contribute to stratospheric ozone
depletion. In response to requests from several stakeholders and to
allow comments on new supporting materials, this action reopens the
public comment period through February 24, 2010.

DATES: The comment period for the proposed rule published October 19,
2009 (74 FR 53445), is reopened. Comments, identified by docket
identification (ID) number EPA-HQ-OAR-2008-0664, must be received on or
before February 24, 2010.

ADDRESSES: Submit your comments to docket EPA-HQ-OAR-2008-0664 by one
of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Environmental Protection Agency. EPA Docket Center (EPA/DC),
Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2008-0664, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
    Hand Delivery: Public Reading Room, Room 3334, EPA West Building,
1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-

0664. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online 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 http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
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 http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public 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 http://
www.regulations.gov index. 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, will be publicly available only in hard copy.
    Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Margaret Sheppard, Stratospheric
Protection Division, Office of Atmospheric Programs; Environmental
Protection Agency, Mail Code 6205J, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number,
(202) 343-2338; e-mail address<EMAIL_ADDRESS>Notices and
rulemakings under the SNAP program are available on EPA's Stratospheric
Ozone Web site at www.epa.gov/ozone/snap/regulations.html. For copies
of the full list of SNAP decisions in all industrial sectors, contact
the EPA Stratospheric Protection Hotline at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The statutory and regulatory background is described in detail in
the Federal Register proposed rule of October 19, 2009 (74 FR 53445).
In that document, EPA proposed to find HFO-1234yf acceptable as an
alternative refrigerant for motor vehicle air conditioning, subject to
use conditions. The refrigerant discussed in the proposed action, for
which the comment period is reopened, is a non-ozone-depleting
substance.

This Action

    EPA has received a request for an extension to the comment deadline
for this proposed rule.
    This action reopens the comment period. The Agency will consider
additional comments we receive through February 24, 2010 in response to
this action. Note that additional information is available in the
public docket, EPA-HQ-OAR-2008-0664, since publication of the October
19, 2009 proposed rule and a subsequent notice reopening the public
comment period (December 28, 2009; 74 FR 68558). EPA will also consider
comments received by February 24, 2010 in response to the previous
Federal Register publication [EPA-OAR-2008-0664] before issuing a final
regulatory determination for HFO-1234yf. We intend to issue a
regulatory determination as expeditiously as possible following
consideration of the comments and information we receive.

    Dated: February 3, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2010-2829 Filed 2-8-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Page 41536]
[FR Doc No: 2021-16440]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2019-0099]

Petition for Approval Extension: Norfolk Southern Railway Company

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

ACTION: Notice of petition for extension of approval of track
inspection test program.

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SUMMARY: This document provides the public notice that on July 19,
2021, Norfolk Southern Railway Company (NS) petitioned the Federal
Railroad Administration (FRA) to extend an existing temporary
suspension of some visual track inspections to allow for a continuation
of a previously approved Test Program designed to test track inspection
technologies (i.e., an autonomous track geometry measurement system)
and new operational approaches to track inspections (i.e., combinations
of autonomous inspection and traditional visual inspections).

FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, Track
and Structures Division, at<PHONE_NUMBER> or<EMAIL_ADDRESS>or
Aaron Moore, Attorney, Office of the Chief Counsel, at<PHONE_NUMBER>
or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On January 27, 2020, FRA conditionally
approved the Test Program and NS's petition under 49 CFR 211.51 to
suspend Sec. Sec.  213.233(b)(3) and 213.233(c) as applied to
operations under the Test Program. A copy of the Test Program, FRA's
conditional approval of the Test Program, and a previously published
Federal Register notice explaining FRA's rationale for approving the
Test Program and related suspension are available for review in the
docket.\1\
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    \1\ https://www.regulations.gov/document/FRA-2019-0099-0003
(Test Program); https://www.regulations.gov/document/FRA-2019-0099-0001 (FRA's approval decision); https://www.regulations.gov/document/FRA-2019-0099-0004 (FRA's published notice of approval).
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    As approved, the Test Program included three separate phases over
12 months as outlined in Exhibit C of the Program.\2\ Accordingly, NS
began the Test Program on March 16, 2020. However, FRA has approved
extending the Test Program twice as requested by NS. Thus, the Test
Program is currently set to expire on September 31, 2021.
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    \2\ See https://www.regulations.gov/document/FRA-2019-0099-0003.
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    On March 22, 2021, NS submitted a waiver petition \3\ to permit a
reduced frequency of manual track inspections where an automated track
geometry measurement system (ATGMS) is used at specific frequencies.
The petition, which is similar to and based on information collected by
Norfolk Southern during the Test Program, is pending FRA review.
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    \3\ https://www.regulations.gov/document/FRA-2021-0044-0001.
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    NS is requesting to extend the Test Program until FRA issues a
decision on the pending waiver petition or December 31, 2021, whichever
is later. In support of its request, NS states that it will continue to
comply with all other conditions and requirements of FRA's January 27,
2020, approval letter.
    A copy of the petition, as well as any written communications
concerning the petition, if any, are available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
    Communications received by September 7, 2021 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its processes. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-16440 Filed 7-30-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Page 41559]
[FR Doc No: 2015-17341]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0078]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this provides the public notice that by a document dated April
14, 2015, the American Short Line and Regional Railroad Association
(ASLRRA)--on behalf of Baltimore Industrial Railroad, Cloquet Terminal
Railroad Company, Incorporated, and East Erie Commercial Railroad--
petitioned the Federal Railroad Administration (FRA) for an amended
waiver of compliance from certain provisions of the Federal hours of
service laws contained at 49 U.S.C. 21103(a)(4), which, in part,
require a train employee to receive 48 hours off duty after initiating
an on-duty period for 6 consecutive days. FRA assigned the petition
Docket Number FRA-2009-0078.
    In its petition, ASLRRA seeks to amend its existing waiver to add
the three railroads referenced above, which did not participate in
ASLRRA's prior waiver petition. FRA granted ASLRRA's petition for a
waiver extension in a letter dated February 27, 2012. The waiver allows
a train employee to initiate an on-duty period each day for 6
consecutive days followed by 24 hours, rather than 48 hours, off duty.
    Each railroad that seeks to be added to the waiver executed a
compliance letter, attesting that it complies with all of the employee
consent requirements that FRA set forth in its initial decision letter,
dated March 5, 2010. Additionally, each railroad will maintain the
underlying employee consent or employee representative consent
documents in its files for FRA inspection.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Ave. SE.,
W12-140, Washington, DC 20590. The Docket Operations Facility is open
from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by August 31, 2015 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC on July 10, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-17341 Filed 7-14-15; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10609-10611]
[FR Doc No: 2023-03486]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96927; File No. SR-ISE-2023-04]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Pricing
Schedule at Options 7, Section 3 To Modify the PIM Break-Up Rebate

February 14, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 1, 2023, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Pricing Schedule at
Options 7, Section 3 (Regular Order Fees and Rebates).
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/ise/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
Pricing Schedule at Options 7, Section 3 (Regular Order Fees and
Rebates) to increase the Select Symbol \3\ break-up rebate currently
provided to Electronic Access Members \4\ (``EAMs'') that utilize the
Price Improvement Mechanism (``PIM'').\5\
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    \3\ ``Select Symbols'' are options overlying all symbols listed
on ISE that are in the Penny Interval Program. See Options 7,
Section 1(c).
    \4\ The term ``Electronic Access Member'' means a Member that is
approved to exercise trading privileges associated with EAM Rights.
See General 1, Section 1(a)(6).
    \5\ As described in Options 3, Section 13, PIM is a process by
which an EAM can provide price improvement opportunities for a
``Crossing Transaction,'' which is comprised of the order the EAM
represents as agent (the ``Agency Order'') and a counter-side order
for the full size of the Agency Order (the ``Counter-Side Order'').
Upon the entry of a Crossing Transaction into the PIM, PIM responses
(i.e., ``Improvement Orders'') may be entered during the auction
exposure period.
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    The Exchange currently provides EAMs that use PIM to execute more
than 0.75% of Priority Customer \6\ volume of regular orders,
calculated as a percentage of Customer Total Consolidated Volume \7\
(``TCV'') per day in a given month, a PIM break-up rebate of $0.25 per
contract in Select Symbols and $0.60 per contract in Non-Select
Symbols.\8\ These rebates are applied to Priority Customer regular
orders under 100 contracts that are submitted to PIM and do not trade
with their contra orders except when those contracts trade against
unrelated quotes or orders.\9\
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    \6\ A ``Priority Customer'' is a person or entity that is not a
broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s), as defined in Nasdaq ISE Options 1,
Section 1(a)(37).
    \7\ ``Customer Total Consolidated Volume'' means the total
national volume cleared at The Options Clearing Corporation in the
Customer range in equity and ETF options in that month.
    \8\ ``Non-Select Symbols'' are options overlying all symbols
excluding Select Symbols. See Options 7, Section 1(c).
    \9\ See note 19 of Options 7, Section 3.
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    The Exchange now proposes to increase the $0.25 per contract PIM
break-up rebate described above for Select Symbols to $0.26 per
contract. With the proposed change, the Exchange is seeking to
incentivize EAMs to submit a greater amount of Priority Customer orders
in Select Symbols into PIM for price improvement.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\11\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange's proposed changes to its Pricing Schedule are
reasonable in several respects. As a threshold matter, the Exchange is
subject to significant competitive forces in the market for options
securities transaction services that constrain its pricing
determinations in that market. The fact that this market is competitive
has 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'. . ..'' \12\
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    \12\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues 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.'' \13\
---------------------------------------------------------------------------

    \13\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
options security transaction services. The Exchange is only one of
sixteen options exchanges to which market participants may direct their
order flow. Within this environment, market participants can freely and
often do shift their order flow among the Exchange and competing venues
in response to changes in their respective pricing schedules. As such,
the proposal represents a reasonable attempt by the Exchange to
increase its liquidity and market share relative to its competitors.
    The Exchange believes that its proposal to increase the $0.25 per
contract PIM break-up rebate for Select Symbols to $0.26 per contract
is reasonable because the increased incentive will further encourage
participation in PIM. Specifically, the Exchange believes that the
proposed rebate will encourage increased originating Priority Customer
order flow in Select Symbols into PIM for price improvement, thus
potentially increasing the initiation of PIM and volume executed
therein. Additional PIM order flow provides all market participants
with trading opportunities at improved prices.
    While the proposed increase to the PIM break-up rebate for Select
Symbols will continue to be specifically targeted towards Priority
Customer orders entered into PIM, the Exchange continues to believe
that this is equitable and not unfairly discriminatory. Of note, today,
Priority Customers generally receive more favorable pricing on ISE,
including by not paying any fees for PIM Orders.\14\ Furthermore,
Priority Customer liquidity benefits all market participants by
providing more trading opportunities, which in turn attracts market
makers. An increase in the activity of these market participants in
turn facilitates tighter spreads, which may cause an additional
corresponding increase in order flow other market participants. The
Exchange therefore

believes that attracting more liquidity from Priority Customer orders
will benefit all market participants that trade on ISE.
---------------------------------------------------------------------------

    \14\ See Options 7, Section 3.
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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 not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited.
    In sum, if the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.
    In terms of intra-market competition, the Exchange's proposal to
increase the PIM break-up rebate for Priority Customer orders in Select
Symbols does not impose an undue burden on competition because Priority
Customer liquidity benefits all market participants on ISE by providing
more trading opportunities, which in turn attracts market makers. As
discussed above, an increase in the activity of these market
participants in turn facilitates tighter spread, which may cause an
additional corresponding increase in order flow from other market
participants.

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

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

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 protected]. Please include
File Number SR-ISE-2023-04 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-ISE-2023-04. 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 such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. 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 Number SR-ISE-2023-04 and should be submitted on
or before March 14, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03486 Filed 2-17-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 5, 2009 (Volume 74, Number 23)]
[Notices]
[Page 6182-6183]
[DOCID:fr05fe09-62]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28610]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

January 30, 2009.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
December, 2008. A copy of each application may be obtained for a fee at
the Commission's Public Reference Room, 100 F Street, NE., Washington,
DC 20549-1520 (tel.<PHONE_NUMBER>). An order granting each application
will be issued unless the SEC orders a hearing. Interested persons may
request a hearing on any application by writing to the SEC's Secretary
at the address below and serving the relevant applicant with a copy of
the request, personally or by mail. Hearing requests should be received
by the SEC by 5:30 p.m. on February 24, 2009, and should be accompanied
by proof of service on the applicant, in the form of an affidavit or,
for lawyers, a certificate of service. Hearing requests should state
the nature of the writer's interest, 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 Secretary, U.S. Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

For Further Information Contact: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

The Shepherd Street Funds, Inc.

[File No. 811-8883]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On September 19, 2008, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $14,179 incurred in connection with the liquidation were
paid by Salem Investment Counselors, Inc., applicant's investment
adviser.
    Filing Date: The application was filed on December 5, 2008.
    Applicant's Address: Salem Investment Counselors, Inc., 480
Shepherd St., Winston-Salem, NC 27103.

Cohen & Steers VIF Realty Fund, Inc.

[File No. 811-21669]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 30, 2008, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $8,200 incurred in connection with the liquidation were
paid by applicant.
    Filing Date: The application was filed on December 4, 2008.
    Applicant's Address: 280 Park Ave., 10th Floor, New York, NY 10017.

Putnam California Investment Grade Municipal Trust

[File No. 811-7276]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant's
preferred shareholders received their liquidation preference and
accrued and unpaid dividends up to March 23, 2007. On April 13, 2007,
applicant made a final liquidating distribution to its shareholders,
based on net asset value. Expenses of approximately $30,089 incurred in
connection with the liquidation were paid by applicant.
    Filing Date: The application was filed on December 23, 2008.

    Applicant's Address: One Post Office Sq., Boston, MA 02109.

Realty Funds, Inc.

[File No. 811-22052]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 31, 2008, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $18,200 incurred in connection with the liquidation were
paid by XShares Advisors LLC, applicant's investment adviser.
    Filing Date: The application was filed on December 10, 2008.
    Applicant's Address: 420 Lexington Ave., Suite 2550, New York, NY
10170.

Metropolitan Series Fund II

[File No. 811-21420]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 20, 2008, applicant made a
liquidating distribution of its shareholders, based on net asset value.
Applicant's investment adviser, MetLife Advisers, LLC, has agreed to
pay the expenses incurred in connection with the liquidation.
    Filing Date: The application was filed on December 10, 2008.
    Applicant's Address: 501 Boylston St., Boston, MA 02116.

BlackRock Senior Income Trust

[File No. 811-9239]

BlackRock New Jersey Strategic Municipal Trust

[File No. 811-9415]

BlackRock Floating Rate and Inflation Protected Securities Trust

[File No. 811-21602]

BlackRock Global Plus Investment Trust

[File No. 811-21646]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company.
Applicants have never made a public offering of their securities and do
not propose to make a public offering or engage in business of any
kind.
    Filing Date: The applications were filed on January 7, 2009.
    Applicants' Address: 100 Bellevue Parkway, Wilmington, DE 19809.

Dividend Capital Global Real Estate Fund of Funds, L.P.

[File No. 811-22074]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On December
30, 2008, applicant made a liquidating distribution to its
shareholders, based on net asset value. Expenses of approximately
$7,500 incurred in connection with the liquidation were paid by Black
Creek FOF Advisor LLC, applicant's investment adviser.
    Filing Date: The application was filed on December 31, 2008.
    Applicant's Address: 518 17th St., 17th Floor, Denver, CO 80202.

Bear Stearns Active ETF Trust

[File No. 811-22038]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 4, 2008, applicant made a final
liquidating distribution to its shareholders, based on net asset value.
Expenses of $85,000 incurred in connection with the liquidation were
paid by Bear Stearns Asset Management, Inc., applicant's investment
adviser. Applicant also may incur a tax liability of $2,000, which Bear
Stearns Asset Management, Inc. has agreed to pay.
    Filing Date: The application was filed on December 23, 2008.
    Applicant's Address: 237 Park Ave., New York, NY 10017.

The American Heritage Fund, Inc.

[File No. 811-601]

American Heritage Growth Fund, Inc.

[File No. 811-8386]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On December 4, 2008, each applicant made a
final liquidating distribution to its shareholders, based on net asset
value. Expenses of $24,081 and $11,124, respectively, incurred in
connection with the liquidations were paid by each applicant.
    Filing Dates: The applications were filed on September 11, 2008,
and amended on January 16, 2009.
    Applicants' Address: 370 Lexington Ave., 27th Floor, New York, NY
10017.

Eaton Vance Tax-Managed International Diversified Equity Income Fund

[File No. 811-22028]

Eaton Vance Credit Opportunities Fund II

[File No. 811-22109]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company.
Applicants have never made a public offering of their securities and do
not propose to make a public offering or engage in business of any
kind.
    Filing Date: The applications were filed on November 19, 2008.
    Applicants' Address: The Eaton Vance Building, 255 State St.,
Boston, MA 02109.

Separate Account VL A/IA

[File No. 811-09046]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant requests deregistration based on
abandonment of registration. Applicant is not now engaged, or intending
to engage, in any business activities other than those necessary for
winding up its affairs.
    Filing Dates: The application was filed on November 20, 2008, and
amended on January 16, 2009.
    Applicant's Address: 4333 Edgewood Road NE, Cedar Rapids, IA 52499-
0001.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2430 Filed 2-4-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: November 23, 2005 (Volume 70, Number 225)]
[Notices]
[Page 70902]
[DOCID:fr23no05-147]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52779; File No. SR-CBOE-2004-37]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving Proposed Rule Change and Amendment No. 1
Thereto Relating to the Deletion of Interpretation and Policy .01(e) to
CBOE Rule 5.4

November 16, 2005.
    On July 1, 2004, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to delete Interpretation and
Policy .01(e) to CBOE Rule 5.4 (``Interpretation .01(e)''). The
proposal would permit the opening of new option series on an underlying
security previously approved for CBOE option transactions when the
issuer of the underlying security has failed to timely file reports
required by the Act and has not corrected such failure within 30 days
after the due date of the report. On September 21, 2005, CBOE amended
the proposal to replace the term ``national market system security''
with the term ``NMS stock'' in its rules for consistency with
Regulation NMS.\3\ The proposed rule change, as amended, was published
for comment in the Federal Register on October 12, 2005.\4\ The
Commission received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, which replaced the original filing in
its entirety, the Exchange conformed the definition of ``NMS
security'' in CBOE Rules 5.3(a)(1) and Interpretation .01(f) of Rule
5.4 to that found in Regulation NMS. See Securities Exchange Act
Release No. 51808 (June 9, 2005), 70 FR 37496 (June 29, 2005).
    \4\ See Securities Exchange Act Release No. 52562 (October 4,
2005), 70 FR 59382.
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    After careful review of the proposal, the Commission finds that the
proposed rule change, as amended, is consistent with the requirements
of the Act and the rules and regulations applicable to a national
securities exchange.\5\ The Commission believes that the elimination of
Interpretation .01(e) is consistent with Section 6(b)(5) of the Act,\6\
which requires that rules of a national securities exchange be designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and in general, to
protect investors and the public interest.
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    \5\ The Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Commission notes that currently, when an issuer of a security
has failed to timely file its reports required under the Act, the
issuer's security may continue to trade on the primary market for a
period of time. Notwithstanding the fact that the underlying security
may continue to trade, Interpretation .01(e) prevents CBOE from opening
new series of options on the underlying security of the delinquent
filer. This treatment potentially denies investors the opportunity to
trade at strike prices that more accurately reflect the current market
in the underlying security. Moreover, the Commission believes that
elimination Interpretation .01(e) could help reduce investor confusion
arising from inconsistent treatment of the underlying security and
option. The Commission notes that, pursuant to CBOE rules, the
underlying security will not be deemed to meet CBOE's requirements for
continued listing if such underlying security is not subject to an
effective transaction reporting plan, and other requirements that
address the liquidity and pricing of the underlying security.\7\
Finally, the Commission notes that CBOE has stated that it will monitor
the listing status of the underlying security and, pursuant to
Interpretation and Policy .01(f) to CBOE Rule 5.4, no longer approve an
underlying security for the listing of new option series when the issue
is delisted from trading. The Commission expects CBOE to diligently
execute its oversight responsibilities with respect to the listing
status of the underlying security, and, in the event of such a
delisting, to promptly take the appropriate actions with respect to any
options on such security.
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    \7\ See Interpretation and Policy .01 to CBOE Rule 5.4.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-CBOE-2004-37), as amended, is
approved.
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    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6449 Filed 11-22-05; 8:45 am]

BILLING CODE 8010-01-P