[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]
[Page 24695-24697]
[DOCID:fr05my10-81]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0008; FRL-8823-3]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register new
uses for pesticide products containing currently registered active
ingredients, pursuant to the provisions of section 3(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is
publishing this notice of such applications, pursuant to section
3(c)(4) of FIFRA.

DATES: Comments must be received on or before June 4, 2010.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number specified within the table below, 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 the docket ID number
specified for the pesticide of interest as shown in the registration
application summaries. 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: A contact person is listed at the end
of each registration application summary and may be contacted by
telephone or e-mail. The mailing address for each contact person listed
is: Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection

Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

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).
If you are commenting in a docket that addresses multiple products,
please indicate to which registration number(s) your comment applies.
     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. Registration Applications

    EPA received applications as follows to register pesticide products
containing currently registered active ingredients pursuant to the
provisions of section 3(c) of FIFRA, and is publishing this notice of
such applications pursuant to section 3(c)(4) of FIFRA. Notice of
receipt of these applications does not imply a decision by the Agency
on the applications.
    1. Registration Number/File Symbol: 100-739, 100-1262, 100-1312,
100-1313 and 100-1317. Docket Number: EPA-HQ-OPP-2010-0296. Company
name and address: Syngenta Crop Protection, 410 Swing Road, Greensboro,
North Carolina 27419. Active ingredient: Difenoconazole. Proposed Use:
Soybean, strawberry, carrot, stone fruits and chickpeas. Contact: Rose
Mary Kearns,<PHONE_NUMBER><EMAIL_ADDRESS>    2. Registration Number/File Symbol: 100-936, 100-941 Docket Number:
EPA-HQ-OPP-2010-0324. Company name and address: Syngenta Crop
Protection, Inc.; P.O. Box 18300; Greensboro, NC 27419. Active
ingredient: Thiamethoxam. Proposed Use: Alfalfa seed treatment.
Contact: Julie Chao,<PHONE_NUMBER><EMAIL_ADDRESS>    3. Registration Number/File Symbol: 100-1313. Docket Number: EPA-
HQ-OPP-2010-0083. Company name and address: Syngenta Crop Protection,
Inc., P.O. Box 18300, Greensboro, NC 27419-8300. Active ingredients:
Azoxystrobin and Difenoconazole. Proposed Uses: Turf. Contact: Shaunta
Hill,<PHONE_NUMBER><EMAIL_ADDRESS>    4. Registration Number/File Symbol: 264-805, 264-806. Docket
Number: EPA-HQ-OPP-2010-0311. Company name and address: Bayer
Cropscience LP, P.O. Box 12014, T.W. Alexander Drive, Research Triangle
Park, NC 27709. Active ingredient: Thiacloprid. Proposed Uses: Stone
fruit, crop group 12 and peppers (bell and non bell). Contact: Marianne
Lewis,<PHONE_NUMBER><EMAIL_ADDRESS>    5. Registration Number/File Symbol: 264-1022, 264-1023. Docket
Number: EPA-HQ-OPP-2010-0266. Company name and address: Bayer
CropScience LP, P.O. Box 12014, 2 T.W. Alexander Drive, Research
Triangle Park, NC 27709. Active ingredient: Pyrasulfotole. Proposed
Uses: Sorghum (grain and forage) and Grass Grown for Seed including
Conservation Reserve Program (CRP) acres. Contact: Bethany Benbow,
(703) 347-8072<EMAIL_ADDRESS>    6. Registration Number/File Symbol: 524-591. Docket Number: EPA-HQ-
OPP-2010-0284. Company name and address: Monsanto Company, 1300 I (Eye)
Street, NW., Suite 450 East, Washington, DC 20005. Active ingredient:
Acetochlor. Proposed Uses: Supplemental label to add peanuts as a crop
rotation. Contact: Erik Kraft,<PHONE_NUMBER><EMAIL_ADDRESS>    7. Registration Number/File Symbol: 10163-GRL. Docket Number: EPA-
HQ-OPP-2010-0329. Company name and address: Gowan, P.O. Box 5569, Uma,
AZ 85366-5569. Active ingredient: Prohexadione Calcium. Proposed Uses:
Turf and ornamentals. Contact: Rose Mary Kearns,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    8. Registration Number/File Symbol: 50534-7 and 50534-188. Docket
Number: EPA-HQ-OPP-2009-0774. Company name and address: Syngenta Crop
Protection Inc., P.O. Box 18300, Greensboro, NC 27419. Active
ingredient: Chlorothalonil. Proposed Use: For use on low growing berry
subgroup, bushberry subgroup, bulb onion subgroup, and green onion
subgroup. Contact: Rose Mary Kearns,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    9. Registration Number/File Symbol: 59639-RTR. Docket Number: EPA-
HQ-OPP-2010-0312. Company name and address: Valent U.S.A. Corporation,
1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596. Active
ingredient: Metconazole. Proposed Use: Seed treatment use for canola,
corn, cotton, small grains and sugar beets. Contact: Tracy Keigwin,
(703) 305-6605<EMAIL_ADDRESS>    10. Registration Number/File Symbol: 71711-26, Reg. No. 264-1025
and 264-1026. Docket Number: EPA-HQ-OPP-2007-0099. Company name and

address: Bayer CropScience LP, P.O. Box 12014, Research Triangle Park,
NC 27709. Active ingredient: Flubendiamide. Proposed Uses: Artichoke,
globe, flower head; low growing berry subgroup (CSG 13-07G), except
cranberry; peanut, pistachio; small fruit vine climbing subgroup (CSG
13-07F), except fuzzy kiwifruit; sorghum; sugarcane, cane; sunflower,
seed; and turnip greens. Contact: Carmen Rodia,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: April 22, 2010.
 G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2010-10630 Filed 5-4-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: February 23, 2009 (Volume 74, Number 34)]
[Notices]
[Page 8081]
[DOCID:fr23fe09-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TS09-2-000]

Bangor Hydro-Electric Company; Notice of Filing

February 12, 2009.
    Take notice that on January 28, 2009, Bangor Hydro-Electric Company
(Bangor Hydro) filed a request for waiver of its Standards of Conduct
so that it may complete its posting and training, pursuant to the
Commission's Order 717 issued October 16, 2008, Standards of Conduct
for Transmission Providers, Order No. 717, 125 FERC ] 61,064.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 20, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-3677 Filed 2-20-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Rules and Regulations]
[Pages 427-429]
[FR Doc No: 2011-33844]

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1552

[EPA-HQ-OARM-2010-0764; FRL-9616-2]

EPAAR Clause for Compliance With EPA Policies for Information
Resources Management

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA will amend the EPA Acquisition Regulation (EPAAR) to
revise the content of a clause that addresses compliance policies for
information resources management in contracts. This revision
incorporates to the EPAAR, administrative changes to update terminology
and Web site links related to EPA policies for information resources
management.

DATES: This final rule is January 20, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OARM-2010-0764. All documents in the docket are listed on
the www.regulations.gov Web site. 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 electronically through
www.regulations.gov or in hard copy at the Office of Environmental
(OEI) Information Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue NW., Washington, DC. The Public Reading Room 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
(202) 566-1744, and the telephone number for the OEI Docket is (202)
566-1752.

FOR FURTHER INFORMATION CONTACT: Donna S. Blanding, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 565-2475; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include firms that are
performing or will perform under contract for the EPA. This includes
firms in all industry groups.

II. Background

    In May, 2010 during the review of clause 1552.211-79 the EPA Office
of Environmental Information (OEI), the Office of Acquisition
Management (OAM) and other offices found information within this clause
to be outdated. The administrative updates to the clause will bring it
in line with current EPA policy.

III. Final Rule

    This rule amends the EPAAR to revise the clause 1552.211-79,
Compliance with EPA Policies for Information Resources Management. The
proposed rule was published on May 6, 2011. No Comments were received.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO)12866 (58 FR 51735, October 4, 1993) and
E.O. 13563 (76 FR 3821, January 21, 2011). Therefore, no review is
required by the

Office of Information and Regulatory Affairs within the Office of
Management and Budget (OMB).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
No information is collected under this action.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
    For purposes of assessing the impact of today's final rule on small
entities, ``small entity'' is defined as: (1) A small business that
meets the definition of a small business found in the Small Business
Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
revises a current EPAAR clause and does not impose requirements
involving capital investment, implementing procedures, or record
keeping. This rule will not have a significant economic impact on small
entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector.
    This rule contains no Federal mandates (under the regulatory
provisions of the Title II of the UMRA) for State, Local, and Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local or Tribal governments or the private sector. Thus,
the rule is not subject to the requirements of Sections 202 and 205 of
the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and Local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Today's rule on Compliance with EPA
Policies for Information Resources Management provides updates to
outdated information currently in the clause, these changes are
administrative. Thus, Executive Order 13132 does not apply to this
rule. In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and Local
governments, EPA specifically solicited comments from State and Local
officials on this rule and no comments were received.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications, as specified in Executive Order 13175. This rule
on EPA's Policies for Information Resources Management provides
guidance on the interaction between contracting officials and
contractors only. This Executive Order 13175 does not apply to this
rule. EPA solicited comments on this rule and no comments were received
from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under Executive Order 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to Executive Order 13045
because it is not an economically significant rule as defined by
Executive Order 12866, and because it does not involve decisions on
environmental health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution of Use'' (66 FR 28335 (May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) (15 U.S.C 272 note) of NTTA, Public Law 104-113,
directs EPA to use voluntary consensus standards in its regulatory
activities, unless to do so would be inconsistent with applicable law,
or otherwise impractical. Voluntary consensus standards are technical
standards (e.g. materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or

environmental effects of their programs, policies, and activities on
minority populations and low-income populations in the United States.
    EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. This rulemaking
does not involve human health or environmental affects.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
    This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.

List of Subjects in 48 CFR Part 1552

    Environmental protection, Government procurement.

    Dated: November 18, 2011.
John R. Bashista,
Director, Office of Acquisition Management.

    Therefore, 48 CFR Chapter 1552 is amended as set forth below:

PART 1552--DESCRIBING AGENCY NEEDS

0
1. The authority citation for part 1552 continues to read as follows:

    Authority:  5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.

0
2. Revise 1552.211-79 to read as follows:

1552.211-79  Compliance With EPA Policies for Information Resources
Management.

    As prescribed in 1511.011-79, insert the following clause:
    Compliance with EPA Policies for Information Resources Management
    (a) Definition. Information Resources Management (IRM) is defined
as any planning, budgeting, organizing, directing, training, promoting,
controlling, and managing activities associated with the burden,
collection, creation, use and dissemination of information. IRM
includes both information itself and the management of information and
related resources such as personnel, equipment, funds, and technology.
Examples of these services include but are not limited to the
following:
    (1) The acquisition, creation, or modification of a computer
program or automated data base for delivery to EPA or use by EPA or
contractors operating EPA programs.
    (2) The analysis of requirements for, study of the feasibility of,
evaluation of alternatives for, or design and development of a computer
program or automated data base for use by EPA or contractors operating
EPA programs.
    (3) Services that provide EPA personnel access to or use of
computer or word processing equipment, software, or related services.
    (4) Services that provide EPA personnel access to or use of: Data
communications; electronic messaging services or capabilities;
electronic bulletin boards, or other forms of electronic information
dissemination; electronic record-keeping; or any other automated
information services.
    (b) General. The Contractor shall perform any IRM-related work
under this contract in accordance with the IRM policies, standards, and
procedures set forth on the Office of Environmental Information policy
Web site. Upon receipt of a work request (i.e. delivery order, task
order, or work assignment), the Contractor shall check this listing of
directives. The applicable directives for performance of the work
request are those in effect on the date of issuance of the work
request. The 2100 Series (2100-2199) of the Agency's Directive System
contains the majority of the Agency's IRM policies, standards, and
procedures.
    (c) Section 508 requirements. Contract deliverables are required to
be compliant with Section 508 requirements. The Environmental
Protection Agency policy for 508 compliance can be found on the
Agency's Directive System identified in section (d) of this clause
under policy number CIO 2130.0, Accessible Electronic and Information
Technology. Additional information on Section 508 including EPA's 508
policy can be found at www.epa.gov/accessibility.
    (d) Electronic access. A complete listing, including full text, of
documents included in the 2100 Series of the Agency's Directive System
is maintained on the EPA Public Access Server on the Internet at http://epa.gov/docs/irmpoli8/.
[FR Doc. 2011-33844 Filed 1-4-12; 8:45 am]
BILLING CODE P


316B PHASE III RULE TELEPHONE LOG Name of Caller: John Sunda, SAIC Date: May 10, 2004 Company Name: Cellu Tissue Natural Dam Division Street Address:

City/ State/ ZIP: Gouverneur, NY Person Contacted: Dustin Currier Title: QC Lab Technician ( Survey Contact)

SAIC, on behalf of EPA, called to inquire about flow volumes reported in the survey and the type of power generation associated with intake. Note the survey data presented below was not claimed as CBI.

Mr. Currier confirmed that the large volume of water withdrawn at the same intake as that for the mill is for hydropower generation ( Flow schematic shows max hydro power flow of 3 times 181.1 mgd or 543.2 mgd). Q3( g) shows a design intake flow of 546.5 mgd. The survey schematic shows a max mill intake volume of 3.3 mgd which is 0.6% of the total. SAIC asked about typical volumes, and Mr. Currier said the hydro power volume varies and is limited by the amount of flow available in the river but can reach design capacity. Regarding the mill ° During year 2000 and earlier the average daily intake flow was about 2.25 mgd ° Recently it was around 1.25 mgd ° Most cooling water is once through and they do not reuse cooling water. For comparison, the survey schematic shows a Max flow to the mill of 3.3 mgd with 0.55 mgd going to cooling and 2.73 mgd going to process. Thus, 17% of mill intake component is used for cooling. Mr. Currier confirmed that only a small portion is used for cooling. This is somewhat consistent with the 20% reported in question 3( h) (% design flow apportioned to cooling) which appears to apply to the mill component only.


[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20988-20997]
[FR Doc No: 2013-08092]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69270; File No. SR-ISE-2013-28]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Establish Fees and Rebates for Mini Options

April 2, 2013.
    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 March 21, 2013, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change, as described in Items I, II, and
III below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to amend its Schedule of Fees to establish fees
for Mini Options. The text of the proposed rule change is available on
the Exchange's Web site (http://www.ise.com), at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    ISE recently amended its rules to allow for the listing of Mini
Options on SPDR S&P 500 (``SPY''), Apple, Inc. (``AAPL''), SPDR Gold
Trust (``GLD''), Google Inc. (``GOOG'') and Amazon.com Inc.
(``AMZN'').\3\ In the Mini Options Filing, the Exchange represented to
the Commission that ``the current Schedule of Fees is not applicable to
Mini Options and that the Exchange will not begin to trade Mini Options
without a prior submission of a proposed rule change to adopt
transaction fees for Mini Options.'' \4\ The Exchange is therefore
submitting this proposed rule change to establish fees and rebates
applicable to Mini Options. This proposal also seeks to adopt a
definition for Mini Options in the Preface of the Schedule of Fees, as
options overlying ten (10) shares of AAPL, AMZN, GLD, GOOG, and SPY.
For purposes of the Exchange's fee schedule, Mini Options in SPY, AAPL,
GLD and AMZN are classified as Select Symbols \5\ while Mini Options in
GOOG is classified as a Non-Select Symbol.\6\
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    \3\ Mini Options were approved for trading on September 28,
2012. See Securities Exchange Act Release No. 67948 (September 28,
2012), 77 FR 60735 (October 4, 2012) (SR-ISE-2012-58) (``Mini
Options Filing'').
    \4\ Id.
    \5\ ``Select Symbols'' are options overlying all symbols listed
on the ISE that are in the Penny Pilot Program.
    \6\ ``Non-Select Symbols'' are options overlying all symbols
excluding Select Symbols.
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    Mini Options have a smaller exercise and assignment value due to
the reduced number of shares they deliver as compared to standard
option contracts. As such, the Exchange is proposing to adopt per
contract fees and rebates that are 1/10th of the fees and rebates for
standard option contracts, with some exceptions. Despite the

smaller exercise and assignment value of Mini Options, the cost to the
Exchange to process quotes and orders in Mini Options, perform
regulatory surveillance and retain quotes and orders for archival
purposes is the same as for a standard contract. The Exchange believes
that adopting fees and rebates for Mini Options that are in some cases
lower than fees and rebates for standard option contracts, and in other
cases the same as for standard option contracts, is appropriate, not
unreasonable, not unfairly discriminatory and not burdensome to
competition between participants, or between the Exchange and other
exchanges that list and trade Mini Options.
A. Regular Order Fees and Rebates for Mini Options
    The Exchange proposes to adopt separate tables for fees and rebates
applicable to regular orders in Mini Options. The fees and rebates
listed in the table below are 1/10th of the fees and rebates currently
applicable to regular orders for standard options in classes that
overlie SPY, AAPL, GLD, AMZN, and GOOG:

                                                 Select Symbols
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                                                                                Facilitation
                                                               Fee for      Fee for                      and
       Market participant             Maker      Taker fee     crossing    responses    PIM break-  solicitation
                                   rebate/fee                   orders    to crossing   up rebate     break-up
                                                                             orders                    rebate
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Market Maker Plus...............      ($0.010)       $0.032       $0.020       $0.040          N/A           N/A
Market Maker....................        0.010         0.032        0.020        0.040          N/A           N/A
Non-ISE Market Maker (FarMM)....        0.010         0.036        0.020        0.040     ($0.025)      ($0.015)
Firm Proprietary/Broker-Dealer..        0.010         0.033        0.020        0.040      (0.025)       (0.015)
Professional Customer...........        0.010         0.033        0.020        0.040      (0.025)       (0.015)
Priority Customer...............        0.000         0.025        0.000        0.040      (0.025)       (0.015)
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                                               Non-Select Symbols
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                                                                                Fee for
                                                                                Fee for      responses to
                       Market participant                               Fee          crossing        crossing
                                                                                orders          orders
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Market Maker....................................................          $0.018          $0.018          $0.018
Market Maker (for orders sent by Electronic Access Members).....           0.020           0.020           0.020
Non-ISE Market Maker (FarMM)....................................           0.045           0.020           0.045
Firm Proprietary/Broker-Dealer..................................           0.020           0.020           0.020
Professional Customer...........................................           0.020           0.020           0.020
Priority Customer...............................................           0.000           0.000           0.020
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    For Mini Options in the Select Symbols, the following maker fees
and rebates shall apply: (i) For Market Maker,\7\ Non-ISE Market
Maker,\8\ Firm Proprietary/Broker-Dealer and Professional Customer \9\
orders, $0.010 per contract; (ii) for Priority Customer \10\ orders,
$0.000 per contract; and (iii) for Market Maker Plus \11\ orders, a
rebate of $0.010 per contract. For Mini Options in the Select Symbols,
the following taker fees shall apply: (i) For Market Maker and Market
Maker Plus orders, $0.032 per contract; (ii) for Non-ISE Market Maker
orders, $0.036 per contract; (iii) for Firm Proprietary/Broker-Dealer
and Professional Customer orders, $0.033 per contract; and (iv) for
Priority Customer orders, $0.025 per contract.
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    \7\ The term ``Market Makers'' refers to ``Competitive Market
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule
100(a)(25).
    \8\ A Non-ISE Market Maker, or Far Away Market Maker
(``FarMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934 registered in the same options class
on another options exchange.
    \9\ A Professional Customer is a person who is not a broker/
dealer and is not a Priority Customer.
    \10\ A Priority Customer is defined in ISE Rule 100(a)(37A) as 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).
    \11\ In order to promote and encourage liquidity in Mini Options
in the Select Symbols, the Exchange proposes to adopt a $0.010 per
contract rebate to Market Makers if the quotes they sent to the
Exchange qualify the Market Maker to become a Market Maker Plus. A
Market Maker Plus is a Market Maker who is on the National Best Bid
or National Best Offer 80% of the time for series trading between
$0.03 and $5.00 (for options whose underlying stock's previous
trading day's last sale price was less than or equal to $100) and
between $0.10 and $5.00 (for options whose underlying stock's
previous trading day's last sale price was greater than $100) in
premium in each of the front two expiration months and 80% of the
time for series trading between $0.03 and $5.00 (for options whose
underlying stock's previous trading day's last sale price was less
than or equal to $100) and between $0.10 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
greater than $100) in premium for all expiration months in that
symbol during the current trading month. A Market Maker's single
best and single worst overall quoting days each month, on a per
symbol basis, is excluded in calculating whether a Market Maker
qualifies for this rebate, if doing so will qualify a Market Maker
for the rebate.
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    Additionally, the Exchange proposes to charge Market Maker, Market
Maker Plus, Non-ISE Market Maker, Firm Proprietary/Broker-Dealer and
Professional Customers a fee of $0.020 per contract ($0.000 per
contract for Priority Customers) for regular Crossing Orders for Mini
Options in the Select Symbols, and a fee of $0.040 per contract to all
market participants for regular Responses to Crossing Orders for Mini
Options in the Select Symbols.
    The Exchange also proposes to adopt a rebate of $0.025 per contract
for contracts that are submitted to the Price Improvement Mechanism
that do not trade with their contra order for Mini Options in the
Select Symbols, and a rebate of $0.015 per contract for contracts that
are submitted to the Facilitation and Solicited Order Mechanisms that
do not trade with their contra order for Mini Options in the Select
Symbols except when those contracts trade against pre-existing orders
and quotes on the Exchange's orderbook.
    For Mini Options in Non-Select Symbols, the following fees shall
apply: (i) For Market Maker orders, a fee of $0.018 per contract; (ii)
for Market

Maker (for orders sent by Electronic Access Members), Firm Proprietary/
Broker-Dealer and Professional Customer orders, a fee of $0.020 per
contract; (iii) for Non-ISE Market Maker orders, a fee of $0.045 per
contract; and (iv) for Priority Customer orders, a fee of $0.000 per
contract.
    Additionally, for regular Crossing Orders for Mini Options in Non-
Select Symbols, the following fees shall apply: (i) Ct Market Makers, a
fee of $0.018 per contract; (ii) for Market Maker (for orders sent by
Electronic Access Members), Non-ISE Market Maker, Firm Proprietary/
Broker-Dealer and Professional Customers, a fee of $0.020 per contract;
and (iii) for Priority Customers, a fee of $0.000 per contract. For
regular Responses to Crossing Orders for Mini Options in Non-Select
Symbols, the following fees shall apply: (i) For Market Makers, $0.018
per contract; (ii) for Non-ISE Market Maker, $0.045 per contract; and
(iii) for Market Maker (for orders sent by Electronic Access Members),
Firm Proprietary/Broker-Dealer, Professional Customer and Priority
Customers, a fee of $0.020 per contract.
    Further, the Exchange currently charges Primary Market Makers
(PMMs) a transaction fee for standard options in Non-Select Symbols
when they trade report a Priority Customer or Professional Customer
order in accordance with their obligation to provide away market price
protection. This fee shall also apply to Mini Options in Non-Select
Symbols. On the other hand, for standard options in the Select Symbols,
PMMs do not receive a maker rebate nor pay a taker fee when trade
reporting. With this proposed rule change, PMMs in Mini Options in the
Select Symbols will also not receive a maker rebate nor pay a taker fee
when trade reporting.
PMM Linkage Credit
    The Exchange also proposes to adopt a $0.020 per contract fee
credit to PMMs for execution of Priority Customer orders in Mini
Options in Non-Select Symbols \12\--for classes in which it serves as a
PMM--that send an Intermarket Sweep Order to other exchanges. This
credit will be applied regardless of the transaction fee charged by a
destination market. For PMMs executing Priority Customer orders in Mini
Options in the Select Symbols, this credit will be equal to the fee
charged by the destination market, and for executing Professional
Customer orders, the fee credit will be equal to the fee charged by a
destination market, but not more than $0.045 per contract.
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    \12\ This fee credit applies to only GOOG as GOOG is the only
Non-Select Symbol approved as a Mini Option.
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Credit for Responses to Flash Orders
    The Exchange proposes to adopt a $0.020 per contract credit for
responses to Flash Orders for Mini Option in Non-Select Symbols when
trading against Professional Customers. For Mini Options in the Select
Symbols, the per contract fee credit for responses to Flash Orders will
be (i) $0.010 per contract when trading against Priority Customers; and
(ii) $0.010 per contract when trading against Professional Customers.
Payment for Order Flow
    The Exchange proposes to adopt a payment for order flow (PFOF) fee
of $0.07 per contract, applicable to Market Makers when trading against
Priority Customer orders in Mini Options in Non-Penny Pilot
Symbols.\13\ The Exchange will not charge a PFOF fee for trading Mini
Options in the Select Symbols.
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    \13\ For the purposes of the PFOF fee noted in the Schedule of
Fees, GOOG is a Non-Penny Pilot Symbol because all Non-Select
Symbols are Non-Penny Pilot Symbols. Therefore, the PFOF fee
proposed in this filing will apply only to Mini Options in GOOG.
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Route-Out Fees
    Consistent with Distributive Linkage and pursuant to ISE rules,
PMMs have an obligation to address customer \14\ orders when there is a
better market displayed on another exchange. ISE's PMMs meet this
obligation via the use of Intermarket Sweep Orders (``ISOs''). With the
costs associated with servicing customer orders that must be executed
at another exchange, the Exchange currently charges a fee, at a rate of
$0.45 per contract for Professional Customers and $0.35 per contract
for Priority Customers, for executions that result from the PMM routing
ISOs to another exchange. This fee applies to standard options in all
symbols traded on the Exchange. At this time, the Exchange proposes to
charge 1/10th of the fee for routing out Mini Options than the fee
charged by the Exchange for routing out standard options. Specifically,
the Exchange proposes to adopt a route-out fee of $0.045 per contract
for Professional Customer orders in Mini Options that are routed out
for execution and a fee of $0.035 per contract for Priority Customer
orders in Mini Options that are routed out for execution.
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    \14\ Pursuant to ISE Rule 1900(f) of the Distributive Linkage
rules, a customer is an individual or organization that is not a
broker-dealer.
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B. Complex Order Fees and Rebates for Mini Options
    The Exchange proposes to adopt separate tables for fees and rebates
applicable to complex orders in Mini Options. The fees and rebates
listed in the table below are 1/10th of the fees and rebates currently
applicable to complex orders for standard options in classes that
overlie SPY, AAPL, GLD, AMZN, and GOOG:

                                                                         Rebates
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Rebate for
                                                                                Priority       Rebate for
                                                                                Customer        Priority                  Facilitation
                                                         Rebate for                              orders that      Customer                       and
                                                           Select                  Rebate for    trade with      orders that   PIM  Break-  solicitation
                  Market participant                      Symbols     Rebate for   Non-select    quotes and      trade with     up  Rebate     Break-up
                                                         (excluding      SPY        Symbols    orders on  the    quotes and     for Select   Rebate for
                                                            SPY)                                   regular     orders on  the    Symbols       Select
                                                                                orderbook        regular                     Symbols
                                                                                (excluding     orderbook In
                                                                                SPY)             SPY
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Market Maker..........................................          N/A          N/A          N/A             N/A             N/A          N/A           N/A
Non-ISE Market Maker (FarMM)..........................          N/A          N/A          N/A             N/A             N/A     ($0.025)      ($0.015)
Firm Proprietary/Broker-Dealer........................          N/A          N/A          N/A             N/A             N/A      (0.025)       (0.015)
Professional Customer.................................          N/A          N/A          N/A             N/A             N/A      (0.025)       (0.015)

Priority Customer Complex ADV 0-39,999................     ($0.033)     ($0.036)     ($0.066)        ($0.006)        ($0.007)      (0.025)       (0.015)
Priority Customer Complex ADV 40,000-74,999...........      (0.035)      (0.038)      (0.072)         (0.008)         (0.009)      (0.025)       (0.015)
Priority Customer Complex ADV 75,000-124,999..........      (0.037)      (0.039)      (0.075)         (0.009)         (0.010)      (0.025)       (0.015)
Priority Customer Complex ADV 125,000-224,999.........      (0.039)      (0.040)      (0.077)         (0.010)         (0.011)      (0.025)       (0.015)
Priority Customer Complex ADV 225,000+................      (0.040)      (0.041)      (0.078)         (0.011)         (0.012)      (0.025)       (0.015)
Incremental Priority Customer Complex ADV above             (0.001)      (0.001)      (0.001)         (0.000)         (0.000)      (0.000)       (0.000)
 225,000..............................................
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                                                   Maker Fees
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                                                                   Maker Fee for
                                                                      Select                       Maker Fee for
                                                                   Symbols when    Maker Fee for    Non-Select
                                         Maker Fee    Maker Fee       trading        SPY when      symbols when
          Market Participant             for Select   for  Non-       against         trading         trading
                                          Symbols       select       Priority         against         against
                                                       Symbols       Customer        Priority        Priority
                                                                    (excluding       Customer        Customer
                                                                       SPY)
----------------------------------------------------------------------------------------------------------------
Market Maker..........................       $0.010       $0.010          $0.039          $0.039          $0.082
Non-ISE Market Maker (FarMM)..........        0.020        0.020           0.040           0.041           0.084
Firm Proprietary/Broker-Dealer........        0.010        0.010           0.040           0.041           0.084
Professional Customer.................        0.010        0.010           0.040           0.041           0.084
Priority Customer.....................        0.000        0.000           0.000           0.000           0.000
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                                              Taker and Other Fees
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                                                                                Fee for      Fee for
                                     Taker Fee                 Taker Fee     Fee for     Responses    Responses
                                     for Select   Taker Fee    for  Non-     Crossing   to Crossing  to Crossing
        Market participant            Symbols      for SPY       Select       Orders     Orders for   Orders for
                                     (excluding                 Symbols      (largest      Select     non-Select
                                        SPY)                                leg only)     Symbols       Symbols
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Market Maker......................       $0.039       $0.039       $0.082       $0.020       $0.040       $0.082
Non-ISE Market Maker (FarMM)......        0.040        0.041        0.084        0.020        0.040        0.084
Firm Proprietary/Broker-Dealer....        0.040        0.041        0.084        0.020        0.040        0.084
Professional Customer.............        0.040        0.041        0.084        0.020        0.040        0.084
Priority Customer.................        0.000        0.000        0.000        0.000        0.040       $0.000
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    For complex orders in Mini Options in the Select Symbols and Non-
Select Symbols, the following maker fees shall apply: (i) $0.010 per
contract for Market Maker, Firm Proprietary/Broker-Dealer and
Professional Customer orders; (ii) $0.020 per contract for Non-ISE
Market Maker orders; and (iii) $0.000 per contract for Priority
Customer orders. For complex orders in Mini Options in the Select
Symbols when trading against Priority Customers (excluding SPY), the
following maker fees shall apply: (i) $0.039 per contract for Market
Maker orders; (ii) $0.040 for Non-ISE Market Maker, Firm Proprietary/
Broker-Dealer and Professional Customer orders; and (iii) $0.000 per
contract for Priority Customer orders. For complex orders in Mini
Options in SPY when trading against Priority Customers, the following
maker fees shall apply: (i) $0.039 per contract for Market Maker
orders; (ii) $0.041 for Non-ISE Market Maker, Firm Proprietary/Broker-
Dealer and Professional Customer orders; and (iii) $0.000 per contract
for Priority Customer orders. For complex orders in Mini Options in
non-Select Symbols when trading against Priority Customers, the
following maker fees shall apply: (i) $0.082 per contract for Market
Maker orders; (ii) $0.084 for Non-ISE Market Maker, Firm Proprietary/
Broker-Dealer and Professional Customer orders; and (iii) $0.000 per
contract for Priority Customer orders.
    For complex orders in Mini Options in the Select Symbols (excluding
SPY), the following taker fees shall apply: (i) $0.039 per contract for
Market Maker

orders; (ii) $0.040 for Non-ISE Market Maker, Firm Proprietary/Broker-
Dealer and Professional Customer orders; and (iii) $0.000 per contract
for Priority Customer orders. For complex orders in Mini Options in
SPY, the following taker fees shall apply: (i) $0.039 per contract for
Market Maker orders; (ii) $0.041 for Non-ISE Market Maker, Firm
Proprietary/Broker-Dealer and Professional Customer orders; and (iii)
$0.000 per contract for Priority Customer orders. For complex orders in
Mini Options in non-Select Symbols, the following taker fees shall
apply: (i) $0.082 per contract for Market Maker orders; (ii) $0.084 for
Non-ISE Market Maker, Firm Proprietary/Broker-Dealer and Professional
Customer orders; and (iii) $0.000 per contract for Priority Customer
orders.
    Additionally, the Exchange proposes to charge Market Maker, Non-ISE
Market Maker, Firm Proprietary/Broker-Dealer and Professional Customers
a fee of: (i) $0.020 per contract ($0.000 per contract for Priority
Customers) for Crossing Orders for complex orders in Mini Options; (ii)
$0.040 per contract to all market participants for Responses to
Crossing Orders for complex orders in Mini Options in the Select
Symbols; and (iii) $0.082 per contract for Market Makers ($0.084 per
contract for Non-ISE Market Maker, Firm Proprietary/Broker-Dealer and
Professional Customers and $0.000 per contract for Priority Customers)
for Responses to Crossing Orders for complex orders in Mini Options in
non-Select Symbols).
    The Exchange currently provides volume-based tiered rebates for
Priority Customer complex orders in the Select Symbols (excluding SPY),
in SPY, and in the Non-Select Symbols for standard options when these
orders trade with non-Priority Customer orders in the complex order
book. The Exchange proposes to extend this rebate program to Mini
Options also, as follows:
    For Mini Options in Select Symbols (excluding SPY), the Exchange
proposes to adopt a base rebate of $0.033 per contract, per leg, for
Priority Customer complex orders when these orders trade with non-
Priority Customer complex orders in the complex order book.
Additionally, members who achieve a certain level of average daily
volume (ADV) of executed Priority Customer complex order contracts
across all symbols during a calendar month will be provided a rebate of
$0.035 per contract, per leg, in these symbols, if a Member achieves an
ADV of 40,000 Priority Customer complex order contracts; $0.037 per
contract, per leg, in these symbols, if a Member achieves an ADV of
75,000 Priority Customer complex order contracts; $0.039 per contract,
per leg, in these symbols, if a Member achieves an ADV of 125,000
Priority Customer complex order contracts; and $0.040 per contract, per
leg, in these symbols, if a Member achieves an ADV of 225,000 Priority
Customer complex order contracts. Additionally, the Exchange also
proposes to adopt a rebate of $0.001 per contract payable for
incremental Priority Customer complex order volume when trading against
non-Priority Customer complex orders in the complex order book above
the highest tier for Mini Options in the Select Symbols (excluding
SPY).
    For Mini Options in SPY, the Exchange proposes to adopt a base
rebate of $0.036 per contract, per leg, for Priority Customer complex
orders when these orders trade with non-Priority Customer complex
orders in the complex order book. Additionally, members who achieve a
certain level of ADV of executed Priority Customer complex order
contracts across all symbols during a calendar month will be provided a
rebate of $0.038 per contract, per leg, in these symbols, if a Member
achieves an ADV of 40,000 Priority Customer complex order contracts;
$0.039 per contract, per leg, in these symbols, if a Member achieves an
ADV of 75,000 Priority Customer complex order contracts; $0.040 per
contract, per leg, in these symbols, if a Member achieves an ADV of
125,000 Priority Customer complex order contracts; and $0.041 per
contract, per leg, in these symbols, if a Member achieves an ADV of
225,000 Priority Customer complex order contracts. Additionally, the
Exchange also proposes to adopt a rebate of $0.001 per contract payable
for incremental Priority Customer complex order volume when trading
against non-Priority Customer complex orders in the complex order book
above the highest tier for Mini Options in SPY.
    For Mini Options in non-Select Symbols, the Exchange proposes to
adopt a base rebate of $0.066 per contract, per leg, for Priority
Customer complex orders when these orders trade with non-Priority
Customer complex orders in the complex order book. Additionally,
members who achieve a certain level of average daily volume (ADV) of
executed Priority Customer complex order contracts across all symbols
during a calendar month will be provided a rebate of $0.072 per
contract, per leg, in these symbols, if a Member achieves an ADV of
40,000 Priority Customer complex order contracts; $0.075 per contract,
per leg, in these symbols, if a Member achieves an ADV of 75,000
Priority Customer complex order contracts; $0.077 per contract, per
leg, in these symbols, if a Member achieves an ADV of 125,000 Priority
Customer complex order contracts; and $0.078 per contract, per leg, in
these symbols, if a Member achieves an ADV of 225,000 Priority Customer
complex order contracts. Additionally, the Exchange also proposes to
adopt a rebate of $0.001 per contract payable for incremental Priority
Customer complex order volume when trading against non-Priority
Customer complex orders in the complex order book above the highest
tier for Mini Options in the non-Select Symbols.
    Further, the Exchange currently provides volume-based tiered
rebates for Priority Customer complex orders in all symbols for
standard options when these orders trade against quotes or orders in
the regular orderbook. The Exchange proposes to extend this rebate to
Mini Options also, as follows:
    For Mini Options (excluding SPY), the Exchange proposes to adopt a
base rebate of $0.006 per contract, per leg, for Priority Customer
complex orders when these orders trade against quotes or orders in the
regular orderbook. Additionally, members who achieve a certain level of
ADV of executed Priority Customer complex order contracts across all
symbols during a calendar month will be provided a rebate of $0.008 per
contract, per leg, in these symbols, if a Member achieves an ADV of
40,000 Priority Customer complex order contracts; $0.009 per contract,
per leg, in these symbols, if a Member achieves an ADV of 75,000
Priority Customer complex order contracts; $0.010 per contract, per
leg, in these symbols, if a Member achieves an ADV of 125,000 Priority
Customer complex order contracts; and $0.011 per contract, per leg, in
these symbols, if a Member achieves an ADV of 225,000 Priority Customer
complex order contracts.
    For Mini Options in SPY, the Exchange proposes to adopt a base
rebate of $0.007 per contract, per leg, for Priority Customer complex
orders when these orders trade against quotes or orders in the regular
orderbook. Additionally, members who achieve a certain level of ADV of
executed Priority Customer complex order contracts across all symbols
during a calendar month will be provided a rebate of $0.009 per
contract, per leg, in these symbols, if a Member achieves an ADV of
40,000 Priority Customer complex order contracts; $0.010 per contract,
per leg, in these symbols, if a Member achieves an ADV of 75,000
Priority Customer complex order contracts; $0.011 per contract, per
leg, in these

symbols, if a Member achieves an ADV of 125,000 Priority Customer
complex order contracts; and $0.012 per contract, per leg, in these
symbols, if a Member achieves an ADV of 225,000 Priority Customer
complex order contracts.
    For each of the volume-based tiered rebates noted above, the
highest rebate amount achieved by the Member for the current calendar
month will apply retroactively to all Priority Customer complex order
contracts that trade with non-Priority Customer complex orders in the
complex order book executed by the Member during such calendar month,
with the exception of the incremental rebate, as noted above. For
purposes of these volume-based tiered rebates, volume in standard
options and Mini Options will be combined to calculate the tier a
Member has reached. Based on the tier achieved, the Member will be
rebated for that tier for all the standard options traded at the
standard option rebate amount and for all the Mini Options traded at
the Mini Option rebate amount.
    The Exchange also proposes to adopt a rebate of $0.025 per contract
for contracts that are submitted to the Price Improvement Mechanism
that do not trade with their contra order for Mini Options in the
Select Symbols, and a rebate of $0.015 per contract for contracts that
are submitted to the Facilitation and Solicited Order Mechanisms that
do not trade with their contra order for Mini Options in the Select
Symbols except when those contracts trade against pre-existing orders
and quotes on the Exchange's orderbook.
Firm Fee Cap
    The Exchange currently has a fee cap program that, subject to
certain exclusions noted in the Schedule of Fees, is applicable across
all products traded on ISE. Under the fee cap program, the Exchange
caps proprietary transaction fees in all products traded on ISE, in the
aggregate, at $75,000 per month per Member. All proprietary
transactions, including non-ISE market maker transactions, that are
part of a crossing transaction are eligible towards the fee cap.
Crossing volume from regular and complex orders in Mini Options, such
as orders executed in the Facilitation Mechanism, Price Improvement
Mechanism, Solicited Order Mechanism, Block Order Mechanism and
Qualified Contingent Cross orders in Mini Options, counts towards the
fee cap. The Exchange proposes to extend the fee cap to also include
proprietary transactions in Mini Options that are part of a crossing
transaction.
    ISE also currently has a service fee of $0.01 per side on all
transactions that are eligible for the fee cap. The service fee applies
once a member reaches the fee cap level and applies to every contract
side included in and above the fee cap. A member who does not reach the
monthly fee cap is not charged the service fee. The service fee is not
calculated in reaching the fee cap. Once the fee cap is reached, the
service fee applies to both proprietary and other account designations
\15\ in all ISE products in addition to those transactions that were
included in reaching the fee cap. For Mini Options, the Exchange
proposes to adopt a service fee of $0.001 per side on all transactions
that are eligible for the fee cap.
---------------------------------------------------------------------------

    \15\ Other account designations include Prop-firm (Member
trading for its own account and clearing in the F range at OCC),
Prop-cust (Member trading for its own account and clearing in the C
range at OCC), BD-firm (Member trading on behalf of another
registered broker/dealer clearing in the F range at OCC), BD-cust
(Member trading on behalf of another registered broker/dealer
clearing in the C range at OCC), FarMM (Member trading on behalf of
another registered broker/dealer clearing in the M range at OCC).
---------------------------------------------------------------------------

QCC and Solicitation Rebate
    The Exchange currently provides a rebate for Qualified Contingent
Cross (``QCC'') orders and Solicitation orders for standard options to
further encourage members to submit greater numbers of QCC orders and
Solicitation orders to the Exchange. The Exchange proposes to extend
that rebate incentive to Mini Options. With this proposed rule change,
the Exchange will provide a rebate to members who reach a certain
volume threshold in QCC orders and/or Solicitation orders in standard
options and Mini Options during a month. Once a Member reaches a volume
threshold, the Exchange will provide a rebate to that Member for all of
its QCC and Solicitation contracts traded for that month. For purposes
of this rebate, volume in standard options and Mini Options will be
combined to calculate the tier a Member has reached. Based on the tier
achieved, the Member will be rebated for that tier for all the standard
options traded at the standard option rebate amount and for all the
Mini Options traded at the Mini Option rebate amount, as provided in
the following table:

------------------------------------------------------------------------
                                           Rebate for
      Originating contract sides            sandard      Rebate for Mini
                                            options          Options
------------------------------------------------------------------------
0 to 199,999..........................           $0.00           $0.000
200,000 to 499,999....................           (0.07)          (0.007)
500,000 to 699,999....................           (0.08)          (0.008)
700,000 to 999,999....................           (0.09)          (0.009)
1,000,000+............................           (0.11)          (0.011)
------------------------------------------------------------------------

    The rebate will be paid to the Member entering a qualifying order,
i.e., a QCC order and/or a Solicitation order. The rebate applies to
QCC orders and Solicitation orders in all symbols traded on the
Exchange. Additionally, the threshold levels are based on the
originating side so if an order is broken up and executed with multiple
counter parties, all contracts of the originating side will be counted
to reach the established threshold levels.
Complex Quoting in GLD
    The Exchange currently allows Market Makers to enter quotations for
complex order strategies in the complex order book in a limited group
of symbols (``Complex Quoting Symbols''), one of which is GLD, a Mini
Option class. Given this enhancement to the complex order
functionality, and in order to maintain a competitive fee and rebate
structure for Priority Customer orders, the Exchange has adopted maker
fees that apply to transactions in the complex order book when they
interact with Priority Customer orders in options overlying the Complex
Quoting Symbols, including GLD. Specifically, the Exchange currently
charges a maker fee of $0.39 per contract for standard options in the
Complex Quoting Symbols, including GLD. Of all the Complex Quoting
Symbols, only GLD is approved for Mini Options trading and therefore,
the Exchange proposes to

charge a maker fee of $0.039 per contract for Mini Options in GLD for
Market Maker, Non-ISE Market Maker, Firm Proprietary/Broker-Dealer and
Professional Customer orders when these orders interact with Priority
Customer orders. Priority Customer orders in GLD that trade in the
complex order book are not charged a fee and do not receive a rebate
when interacting with other Priority Customer orders.
Options Regulatory Fee
    The Exchange currently charges an Options Regulatory Fee (``ORF'')
of $0.0042 per contract. The ORF is assessed to each member for all
options transactions executed or cleared by the member that are cleared
by The Options Clearing Corporation (``OCC'') in the customer range,
regardless of the exchange on which the transaction occurs. The
Exchange is proposing to charge the same rate for transactions in Mini
options, $0.0042 per contract, since, as noted above, the costs to the
Exchange to perform the necessary regulatory surveillance programs and
procedures for Mini Options are the same as for standard option
contracts. As such, the Exchange feels that it is appropriate to charge
the ORF at the same rate as the standard option contract.
    The Exchange has designated this proposal to be operative on March
18, 2013.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Act \16\ in general, and
furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act \17\
in particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities and does not unfairly discriminate between issuers, brokers
or dealers.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

Regular Order Fees and Rebates for Mini Options
    The Exchange has determined to charge fees and provide rebates for
regular orders in Mini Options at a rate that is 1/10th the rate of
fees and rebates the Exchange currently provides for trading in
standard options. The Exchange believes it is reasonable and equitable
and not unfairly discriminatory to assess lower fees and rebates to
provide market participants an incentive to trade Mini Options on the
Exchange. The Exchange believes the proposed fees and rebates are
reasonable and equitable in light of the fact that Mini Options do have
a smaller exercise and assignment value, specifically 1/10th that of a
standard option contract, and, as such, levying fees that are 1/10th of
what market participants pay today. As for Priority Customers, for the
most part, the Exchange does not charge Priority Customers a fee
(Priority Customers have traditionally traded options on the Exchange
without a fee) and to the extent they pay a transaction fee for trading
in standard options, they will continue to pay a transaction fee in
Mini Options but at 1/10th the rate they pay for standard options. The
Exchange believes charging lower fees, or no fees, to Priority Customer
orders attracts that order flow to the Exchange and thereby creates
liquidity to the benefit of all market participants who trade on the
Exchange. With respect to fees to Non-ISE Market Maker orders, the
Exchange believes that charging Non-ISE Market Maker orders a higher
rate than the fee charged to Market Maker, Firm Proprietary/Broker-
Dealer and Professional Customer regular orders is appropriate and not
unfairly discriminatory because Non-ISE Market Makers are not subject
to many of the non-transaction based fees that these other categories
of membership are subject to, e.g., membership fees, access fees, API/
Session fees, market data fees, etc. Therefore, the Exchange believes
it is appropriate and not unfairly discriminatory to assess a higher
transaction fee to Non-ISE Market Makers because the Exchange incurs
costs associated with these types of orders that are not recovered by
non-transaction based fees paid by members. With respect to fees for
Market Maker orders, the Exchange believes that the price
differentiation between the various market participants is appropriate
and not unfairly discriminatory because Market Makers have different
requirements and obligations to the Exchange that the other market
participants do not (such as quoting requirements and paying
membership-related non-transaction fees). The Exchange believes that it
is equitable and not unfairly discriminatory to assess a higher fee to
market participants that do not have such requirements and obligations
that Exchange Market Makers do. The Exchange believes the proposed fees
and rebates for regular orders in Mini Options will encourage use of
Mini Options, which are designed to allow investors to reduce risk in
high-priced underlying securities.
PMM Linkage Credit
    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to provide a fee credit to PMMs for execution of
Priority Customer orders in Mini Options in Non-Select Symbols and to
Priority Customer and Professional Customer orders in Mini Options in
Select Symbols to offset the costs incurred by PMMs as these fees will
be uniformly applied to all PMMs that route out these orders at a rate
that is 1/10th of the rate the Exchange currently provides for such
orders in standard options.
Credit for Responses to Flash Orders
    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to provide a fee credit for responses to Flash Orders
when trading against Professional Customers orders in Mini Options in
Non-Select Symbols and for responses to Flash Orders when trading
against Priority Customers and Professional Customers in the Select
Symbols at a rate that is 1/10th of the rate the Exchange currently
provides for such orders in standard options. The Exchange believes the
credit provides an incentive for members to trade these orders on the
Exchange. The Exchange further believes that adopting a fee credit for
executions resulting from responses to Priority Customer orders is
reasonable and equitable because doing so will incentivize Exchange
members to execute Priority Customer orders on the Exchange by trading
against these orders at the National Best Bid or Offer. Further, the
Exchange believes that the proposed fee credit is not unfairly
discriminatory because the credit would be applied uniformly to
responses to Priority Customer orders that are flashed and executed on
the Exchange.
Payment for Order Flow
    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to charge a PFOF fee to Market Makers when trading
against Priority Customers in GOOG because the Exchange already charges
this fee for standard options in GOOG and is simply proposing to charge
this fee at a level that is 1/10th the rate for standard options in
GOOG. The Exchange believes the proposed fee is equitable and not
unfairly discriminatory because it will apply to all Exchange Market
Makers. The Exchange does not currently charge a PFOF fee for standard
options in AAPL, AMZN, GLD and SPY and therefore does not propose a
PFOF fee for Mini Options in these symbols.

Route-Out Fee
    Despite the Exchange's costs in routing orders to other exchanges,
which are fixed regardless of whether the routed order is a standard
option or a Mini Option, the Exchange has determined to charge a fee
for routing out orders in Mini Options that is 1/10th of the fee the
Exchange charges for routing out orders in standard options. The
Exchange believes it is reasonable, equitable and not unfairly
discriminatory as these fees will be uniformly applied to all market
participants that choose to trade Mini Options on the Exchange.
Complex Order Fees and Rebates for Mini Options
    The Exchange has determined to charge fees and provide rebates for
complex orders in Mini Options at a rate that is 1/10th the rate of
fees and rebates the Exchange currently provides for trading in
standard options. The Exchange believes it is reasonable and equitable
and not unfairly discriminatory to assess lower fees and rebates to
provide market participants an incentive to trade Mini Options on the
Exchange. The Exchange believes the proposed fees and rebates are
reasonable and equitable in light of the fact that Mini Options do have
a smaller exercise and assignment value, specifically 1/10th that of a
standard option contract, and, as such, levying fees that are 1/10th of
what market participants pay today. As for Priority Customers, for the
most part, the Exchange does not charge Priority Customers a fee
(Priority Customers have traditionally traded options on the Exchange
without a fee) and to the extent they pay a transaction fee for trading
in standard options, they will continue to pay a transaction fee in
Mini Options but at 1/10th the rate they pay for standard options. With
respect to fees to Non-ISE Market Maker orders, the Exchange believes
that charging Non-ISE Market Maker orders a higher rate than the fee
charged to Market Maker, Firm Proprietary/Broker-Dealer and
Professional Customer complex orders is appropriate and not unfairly
discriminatory because Non-ISE Market Makers are not subject to many of
the non-transaction based fees that these other categories of
membership are subject to, e.g., membership fees, access fees, API/
Session fees, market data fees, etc. Therefore, the Exchange believes
it is appropriate and not unfairly discriminatory to assess a higher
transaction fee to Non-ISE Market Makers because the Exchange incurs
costs associated with these types of orders that are not recovered by
non-transaction based fees paid by members. With respect to fees for
Market Maker orders, the Exchange believes that the price
differentiation between the various market participants is appropriate
and not unfairly discriminatory because Market Makers have different
requirements and obligations to the Exchange that the other market
participants do not (such as quoting requirements and paying
membership-related non-transaction fees). The Exchange believes that it
is equitable and not unfairly discriminatory to assess a higher fee to
market participants that do not have such requirements and obligations
that Exchange Market Makers do. The Exchange believes the proposed fees
and rebates for complex orders in Mini Options will encourage use of
Mini Options, which are designed to allow investors to reduce risk in
high-priced underlying securities.
    The Exchange believes that it is reasonable and equitable to
provide rebates for Priority Customer complex orders in Mini Options
when these orders trade with Non-Priority Customer complex orders in
the complex order book because paying a rebate will attract additional
order flow to the Exchange and create liquidity in Mini Options, which
the Exchange believes ultimately will benefit all market participants
who trade on ISE. The Exchange already provides these rebates for
standard options that overlie the five securities on which Mini Options
are approved for trading. The Exchange believes that the proposed
rebates are competitive and are therefore reasonable and equitably
allocated to those members that direct orders to the Exchange rather
than to a competing exchange. The Exchange also believes it is
reasonable, equitable and not unfairly discriminatory to combine volume
in standard options and Mini Options to calculate the tier a Member has
reached because doing so will provided members with an opportunity to
qualify for increased rebates and therefore, incentivize members to
trade more of such order flow on the Exchange.
Firm Fee Cap
    The Exchange believes it is reasonable and equitable and not
unfairly discriminatory to include Mini Options in the Exchange's fee
cap program because it will potentially lower transaction fees for
members providing liquidity in Mini Options on the Exchange. Members
who reach the fee cap during a month will not have to pay incremental
transaction fees and thus will be able to lower their monthly fees. The
Exchange believes that the fee cap is not unfairly discriminatory
because all members, including non-ISE market makers, are eligible to
reach the cap. The Exchange believes that the proposed service fee,
which is 1/10th of the service fee charged for standard options, is
reasonable because members who reach the fee cap during a month will
pay the service fee instead of the regular transaction fees and thus
will be able to lower their monthly fees.
QCC and Solicitation Rebate
    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to provided rebates for QCC and Solicitation orders in
Mini Options. The Exchange believes that the proposed fee change will
generally allow the Exchange and its members to better compete for
order flow and thus enhance competition. Specifically, the Exchange
believes that its proposal is reasonable as it will encourage members
to direct their QCC and Solicitation orders in Mini Options to the
Exchange instead of sending this order flow to a competing exchange.
The Exchange believes that with the various tiers, which provides for
additional volume thresholds, members will have the ability to qualify
for higher rebates for sending their QCC and Solicitation orders in
Mini Options to the Exchange. While the Exchange proposes to adopt the
rebate levels for QCC and Solicitation orders in Mini Options that are
1/10th of the rebate for standard options, the Exchange is also
proposing to combine volume in Mini Options and standard options to
allow members to reach a higher tier and therefore, qualify for higher
rebates. The Exchange also believes that its rebate program for QCC and
Solicitation orders is equitable because it would uniformly apply to
all members engaged in QCC and Solicitation trading in Mini Options
traded on the Exchange.
Complex Quoting in GLD
    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to charge the proposed maker fee for complex quoting in
Mini Options in GLD. The Exchange believes it is reasonable and
equitable to charge fees for orders in standard options executed in the
complex order book when trading against Priority Customers in GLD given
this unique functionality that allows Market Makers to quote in the
complex order book. The Exchange believes that the proposed maker fee
for complex orders in Mini Options in GLD is not unfairly
discriminatory because the fees proposed herein are already applicable
to complex orders in

standard options in GLD; with this proposed rule change, the Exchange
is simply extending fees that are already established on the Exchange
to Mini Options in GLD at a rate that is 1/10th of the fee charged for
standard options in GLD.
Options Regulatory Fee
    The Exchange is not proposing any change to the ORF with the
introduction of Mini Options. The Exchange believes it is reasonable,
equitable and not unfairly discriminatory to charge the ORF at the same
rate for Mini Options as the Exchange charges for standard options. The
Exchange believes that the cost to perform surveillance to ensure
compliance with various Exchange and industry-wide rules is no
different for Mini Options that it is for standard options. Reducing
the ORF for Mini Options could result in a higher ORF for standard
options. Such an outcome would arguably be discriminatory towards
investors in standard options for the benefit of investors in Mini
Options. Therefore, the Exchange believes it is appropriate to treat
both Mini Options and standard options the same with respect to the
amount of ORF that is being charged.

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

    ISE 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. This rule change is designed to
provide greater specificity within the Schedule of Fees with respect to
fees and rebates applicable to Mini Options.
    The Exchange believes that the proposed fees and rebates for Mini
Options which, with the exception to the ORF, are 1/10th of the fees
and rebates the Exchange currently charges for standard options will
not impose a burden on competition among various market participants on
the Exchange, or between the Exchange and other exchanges that list and
trade Mini Options, that is not necessary or appropriate in furtherance
of the purposes of the Act. The Exchange believes that charging
different rates to different market participants does not impose a
burden on competition for a number of reasons. For one, charging lower
fees, or no fees, to Priority Customer orders attracts that order flow
to the Exchange and thereby creates liquidity to the benefit of all
market participants who trade on the Exchange. Further, Market Makers
have certain obligations and commitments to the Exchange that non-
Market Makers (i.e., Non-ISE Market Makers, Firm Proprietary/Broker-
Dealer and Professional Customer participants) do not and therefore it
is appropriate for the Exchange to charge Market Makers fees that are
different from those charged to other market participants. Further, the
Exchange notes that for standard options a greater difference in fees
for various market participants already exists than that which is
proposed for Mini Options. For example, Priority Customers already
trade for lower taker fees than do Market Makers when trading complex
orders on the Exchange. For complex orders in standard options, ISE
Market Makers currently pays a taker fee as high as $0.82 per contract
for Non-Select Symbols (which are essentially non-Penny Pilot symbols)
while the taker fee for Non-ISE Market Maker, Firm Proprietary/Broker-
Dealer and Professional Customer orders in these symbols is $0.84 per
contract. For complex orders in standard options in these symbols,
Priority Customers do not pay a taker fee. For Mini Options in these
symbols, the taker fee proposed by the Exchange for ISE Market Makers
is $0.082 per contract, 1/10th of the fee charged for standard options
in these symbols, while the taker fee proposed by the Exchange for Non-
ISE Market Maker, Firm Proprietary/Broker-Dealer and Professional
Customer orders in these symbols is $0.084 per contract, again 1/10th
of the fee charged for standard options. The differential for Mini
Options is de minimus compared to the differential for standard
options.
    The Exchange notes that the difference in fees for various
participants in standard options has not proven to be a burden on
competition. Therefore, the fee differential for Mini Options, being
quite a bit smaller, should not prove to be a burden on competition.
Mini Options are a new product being introduced to the listed options
market and while the Exchange at this time believes that the proposed
fees and rebates are appropriate, the impact of this proposed rule
change will only be known for certain once Mini Options have begun
trading.
    The Exchange notes that it operates in a highly competitive
environment in which market participants can readily direct their order
flow to competing exchanges. In such an environment, the Exchange must
continually review, and consider adjusting, its fees and rebates to
remain competitive with other exchanges. For the reasons noted above,
the Exchange believes that the proposed rule change reflects this
competitive environment.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \18\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\19\ because it establishes a due, fee, or other charge
imposed by ISE.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \19\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2013-28 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2013-28. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will

post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2013-28 and should be submitted on or before April
29, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-08092 Filed 4-5-13; 8:45 am]
BILLING CODE 8011-01-P