[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Notices]
[Pages 4951-4952]
[FR Doc No: 2014-01803]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket No. FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1344]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency; DHS.

ACTION: Notice; correction.

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

SUMMARY: On August 12, 2013, FEMA published in the Federal Register a
proposed flood hazard determination notice that contained an erroneous
table. This notice provides corrections to that table, to be used in
lieu of the information published at 78 FR 48888. The table provided
here represents the proposed flood hazard determinations and
communities affected for Chambers County, Texas, and Incorporated
Areas.

DATES: Comments are to be submitted on or before April 30, 2014.

ADDRESSES: The Preliminary Flood Insurance Rate Map (FIRM), and where
applicable, the Flood Insurance Study (FIS) report for each community
are available for inspection at both the online location and the
respective Community Map Repository address listed in the table below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1344, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER> or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed in the table below, in
accordance with Section 110 of the Flood Disaster Protection Act of
1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own, or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are also used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the table below. Any request for reconsideration of the
revised flood hazard determinations shown on the Preliminary FIRM and
FIS report that satisfies the data requirements outlined in 44 CFR
67.6(b) is considered an appeal. Comments unrelated to the flood hazard
determinations will also be considered before the FIRM and FIS report
are made final.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP may only be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://www.fema.gov/pdf/media/factsheets/2010/srp_fs.pdf.
    The communities affected are listed in the table below. The
Preliminary FIRM, and where applicable, FIS report for each community
are available for inspection at both the online location and the
respective Community Map Repository address listed in the tables.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.

Correction

    In the proposed flood hazard determination notice published at 78
FR 48888 in the of August 12, 2013, issue of the Federal Register, FEMA
published a table titled ``Chamber County, Texas, and Incorporated
Areas.'' The table contained an inaccurate address for the Community
Map Reposittory for the Unincorporated Areas of Chambers County. In
this notice, FEMA is publishing a table containing the accurate
information. The information provided below should be used in lieu of
the table previously published.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Chambers County, Texas, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Anahuac........................  City Hall, 501 Miller Street,
                                          Anahuac, TX 77514.
City of Baytown........................  City Hall, 2401 Market Street,
                                          Baytown, TX 77522.
City of Beach City.....................  Community Building, 12723 Farm
                                          to Market 2354, Beach City, TX
                                          77523.
City of Cove...........................  City Hall, 7911 Cove Road,
                                          Cove, TX 77523.
City of Mont Belvieu...................  City Hall, 11607 Eagle Drive,
                                          Mont Belvieu, TX 77580.
City of Old River-Winfree..............  City Hall, 4818 North Farm to
                                          Market 565 Road, Old River-
                                          Winfree, TX 77523.

Unincorporated Areas of Chambers County  Chambers County Road and
                                          Bridge, 201 Airport Road,
                                          Anahuac, TX 77514.
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: December 18, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-01803 Filed 1-29-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71879-71880]
[FR Doc No: 2015-29222]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76418; File No. SR-BYX-2015-47]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees

November 10, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 2, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend the fees and rebates
applicable to Members \5\ and non-members of the Exchange pursuant to
Rule 15.1(a) and (c) (``Fee Schedule'').
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or
dealer, or any person associated with a registered broker or dealer,
that has been admitted to membership in the Exchange [sic]. A Member
will have the status of a ``member'' of the Exchange as that term is
defined in Section 3(a)(3) of the Act.'' See Exchange Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to increase the fee for orders yielding fee
code D, which results from an order routed to the New York Stock
Exchange (``NYSE'') using Destination Specific, RDOT, RDOX, TRIM or
SLIM routing strategy. The Exchange has previously provided a
discounted fee for certain orders routed to the largest market centers
measured by volume (NYSE, NYSE Arca and NASDAQ), which, in each
instance has been $0.0001 less per share for orders routed to such
market centers by the Exchange than such market centers currently
charge for removing liquidity (referred to by the Exchange as ``One
Under'' pricing). NYSE is implementing certain pricing changes
effective November 2, 2015, including modification from a fee to remove
liquidity of $0.0027 per share to a fee of $0.00275 per share.\6\ Based
on the changes in pricing at NYSE, the Exchange is proposing to
increase its fee for orders executed at NYSE that yield fee code D so
that the fee remains $0.0001 less per share for orders routed to NYSE.
Specifically, the Exchange proposes to increase the fee charged for
such orders from $0.0026 per share to $0.00265 per share.
---------------------------------------------------------------------------

    \6\ See NYSE Trader Update, Fee Changes Effective November 2,
dated October 30, 2015, available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Client_Notice_Fee_Change_11_2015.pdf.
---------------------------------------------------------------------------

    In addition to the change proposed above, the Exchange proposes to
change certain references on the Fee Schedule in connection with the
launch of the options exchange operated by the Exchange's affiliate,
EDGX Exchange, Inc. (``EDGX Options''). First, the Exchange propose
[sic] to modify references in the Unicast Access section under BATS
Connect fees to refer to ``BZX Options'' instead of ``BATS Options''.
Second, the Exchange proposes to add reference to EDGX Options in the
list of Exchange affiliates to which such fees do not apply.

Implementation Date

    The Exchange proposes to implement these amendments to its Fee
Schedule immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(4),\8\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange believes that its proposal to increase the fee
for Members' orders that yield fee code D from $0.0026 per share to
$0.00265 per share represents an equitable allocation of reasonable
dues, fees, and other charges among Members and other persons using its
facilities in that they are designed to provide a reduced fee for
orders routed to NYSE through Exchange routing strategies as compared
to applicable fees for executions if such routed orders were instead
executed directly by the Member at NYSE. Furthermore, the Exchange
notes that routing through the Exchange is voluntary. Lastly, the
Exchange also believes that the

proposed amendment is non-discriminatory because it applies uniformly
to all Members. The Exchange also believes that the changes to add EDGX
Options to the list of affiliates under Unicast Access and the re-
naming of BATS Options as BZX Options is consistent with the Act. Such
changes reflect and are in connection with the launch of EDGX Options
but do not result in any material change to the Exchange's Fee Schedule
or impose any new or different fee.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    These proposed rule changes do not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe that any of these changes
represent a significant departure from previous pricing offered by the
Exchange or pricing offered by the Exchange's competitors.
Additionally, Members may opt to disfavor the Exchange's pricing if
they believe that alternatives offer them better value. Accordingly,
the Exchange does not believe that the proposed changes will impair the
ability of Members or competing venues to maintain their competitive
standing in the financial markets. The Exchange believes that its
proposal to charge a fee of $0.00265 per share for Members' orders that
yield fee code D would increase intermarket competition because it
offers customers an alternative means to route to NYSE at a discounted
rate. The Exchange believes that its proposal would not burden
intramarket competition because the proposed rate would apply uniformly
to all Members.

(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) of the Act \9\ and paragraph (f) of Rule 19b-4
thereunder.\10\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-BYX-2015-47 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2015-47. 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 will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BYX-2015-47 and should be
submitted on or before December 8, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29222 Filed 11-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Notices]
[Page 4527]
[FR Doc No: 2014-01577]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST--2014-0011]

National Freight Advisory Committee: Notice of Public Webinar
Meeting

ACTION: Notice of public meeting.

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

SUMMARY: This notice announces a public meeting of the National Freight
Advisory Committee (NFAC). The NFAC will provide information, advice,
and recommendations to the U.S. Secretary of Transportation on matters
relating to U.S. freight transportation, including implementation of
the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public
Law 112-141.

DATES: Dates and Location: The meeting will take place online, as a
webinar, on Thursday, February 6, 2014, from 1 p.m. to 5 p.m., Eastern
Standard Time.

FOR FURTHER INFORMATION CONTACT: Tretha Chromey, Designated Federal
Officer at<PHONE_NUMBER> or<EMAIL_ADDRESS>or visit the NFAC Web site
at www.dot.gov/nfac.

Additional Information

    Background: The NFAC is established under the authority of the U.S.
Department of Transportation, in accordance with the provisions of the
Federal Advisory Committee Act (5 U.S.C. App. 2). The Secretary of
Transportation has determined that establishment of the Committee is in
the public interest. The NFAC provides advice and recommendations to
the Secretary on matters related to freight transportation in the
United States, including (1) implementation of the freight
transportation requirements of MAP-21; (2) establishment of the
National Freight Network; (3) development of a National Freight
Strategic Plan; (4) development of strategies to help States implement
State Freight Advisory Committees and State Freight Plans; (5)
development of measures of conditions and performance in freight
transportation; (6) development of freight transportation investment,
data, and planning tools; and (7) legislative recommendations.
    On November 19, 2013, the Federal Highway Administration published
in the Federal Register the draft initial designation of the highway
Primary Freight Network (PFN), which is established by the Secretary of
Transportation as required by 23 U.S.C. 167(d), and provides
information about designation of Critical Rural Freight Corridors
(CRFC), which are designated by the States, and establishment of the
National Freight Network (NFN), which combines the two, along with the
portions of the Interstate System not designated as part of the highway
PFN. The notice also solicits comments on the draft initial designation
of the highway PFN and other critical aspects of the NFN. A notice
published in the Federal Register on February 6, 2013 (78 FR 8686),
introduced the process for designation of the highway PFN, NFN, and
CRFCs.
    During this meeting, NFAC members will discuss and prepare a joint
comment on the Designation of the Primary Freight Network [FHWA-2013-
0050].
    Agenda: The agenda will include: (1) Welcome and introductions; (2)
overview of the meeting format; (3) remarks from the NFAC Chair and
Vice Chair; (4) discussion and consideration by full Committee of draft
comments; (5) public comment; and (6) adjournment.
    To participate in or view the webinar meeting, members of the NFAC
and of the public must pre-register online at https://connectdot.connectsolutions.com/NFAC020614/event/registration.html.
Members and interested persons may link to the webinar registration
portal through www.dot.gov/nafac no later than February 5, 2014. Upon
registration, information will be sent to you at the email address you
provide to enable you to connect to the webinar. Should problems arise
with webinar registration, contact Kirse Kelly at<EMAIL_ADDRESS>or
703-235-1324. [This is not a toll-free telephone number.] Note: Members
of the public will be able to listen to and view the webinar as
observers, and will only be able to participate during the public
comment period. Written comments: Persons who wish to submit written
comments for consideration by the Committee must email<EMAIL_ADDRESS>or send them to Ms. Tretha Chromey, Designated Federal Officer,
National Freight Advisory Committee, 1200 New Jersey Avenue SE., W82-
320, Washington, DC 20590 by February 3, 2014, to provide sufficient
time for review. All other comments may be received at any time before
or after the meeting.

    Dated: January 22, 2014.
Tretha Chromey,
Designated Federal Officer.
[FR Doc. 2014-01577 Filed 1-27-14; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58124-58125]
[FR Doc No: 2021-22796]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93329; File Nos. SR-MIAX-2021-29, SR-EMERALD-2021-22,
SR-PEARL-2021-30]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC, MIAX Emerald, LLC, and MIAX PEARL, LLC; Notice of
Withdrawal of Proposed Rule Changes To Amend Fees for Purge Ports

October 14, 2021.
    On July 1, 2021, Miami International Securities Exchange, LLC, MIAX
Emerald, LLC, and MIAX PEARL, LLC (each an ``Exchange'') each filed
with the Securities and Exchange Commission (``Commission'') pursuant
to Section 19(b)(1) of the Securities

Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to increase fees for purge ports. Each proposed
rule change was immediately effective upon filing with the Commission
pursuant to Section 19(b)(3)(A) of the Act.\3\ The proposed rule
changes were published for comment in the Federal Register on July 15,
2021.\4\ The Commission received comment on the proposals.\5\ On August
27, 2017, the Commission, pursuant to Section 19(b)(3)(C) of the
Act,\6\ temporarily suspended the proposed rule changes and instituted
proceedings to determine whether to approve or disapprove the proposed
rule changes.\7\ Each Exchange withdrew its proposed rule change as of
October 12, 2021 (SR-MIAX-2021-29, SR-EMERALD-2021-22, and SR-PEARL-
2021-30).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ See Securities Exchange Act Release Nos. 92364 (July 9,
2021), 86 FR 37364 (July 15, 2021) (SR-MIAX-2021-29); 92360 (July 9,
2021), 86 FR 37373 (July 15, 2021) (SR-EMERALD-2021-22); 92363 (July
9, 2021), 86 FR 37376 (July 15, 2021) (SR-PEARL-2021-30).
    \5\ Comment on the proposed rule changes can be found at:
https://www.sec.gov/comments/sr-miax-2021-29/srmiax202129.htm;
https://www.sec.gov/comments/sr-emerald-2021-22/sremerald202122.htm;
https://www.sec.gov/comments/sr-pearl-2021-30/srpearl202130.htm.
    \6\ 15 U.S.C. 78s(b)(3)(C).
    \7\ See Securities Exchange Act Release No. 92792 (August 27,
2021), 86 FR 49384 (September 2, 2021).
    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22796 Filed 10-19-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44613-44614]
[FR Doc No: 2017-20313]

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

ENVIRONMENTAL PROTECTION AGENCY

[9967-91-Region 3]

Notice of Administrative Settlement Agreement Pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), notice is hereby given
that a proposed administrative settlement agreement for recovery of
response costs (``Proposed Agreement'') associated with the New Jersey
Fireworks Superfund Site, Elkton, Cecil County, Maryland was executed
by the Environmental Protection Agency (``EPA'') and is now subject to
public comment, after which EPA may modify or withdraw its consent if
comments received disclose facts or considerations that indicate that
the Proposed Agreement is inappropriate, improper, or inadequate. The
Proposed Agreement would resolve potential EPA claims against the
Estate of Louis Casale (``Settling Party''). The Proposed Agreement
would require Settling Party to reimburse EPA $50,000 for response
costs incurred by EPA for the Site.
    For thirty (30) days following the date of publication of this
notice, EPA will receive written comments relating to the Proposed
Agreement. EPA's response to any comments received will be available
for public inspection at the U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, PA 19103.

DATES: Comments must be submitted on or before October 25, 2017.

ADDRESSES: The Proposed Agreement and additional background information
relating to the Proposed Agreement are available for public inspection
at the U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, PA 19103. A copy of the

Proposed Agreement may be obtained from Andrew S. Goldman (3RC41),
Senior Assistant Regional Counsel, U.S. Environmental Protection
Agency, 1650 Arch Street, Philadelphia, PA 19103. Comments should
reference the ``New Jersey Fireworks Superfund Site, Proposed
Settlement Agreement'' and ``EPA CERCLA Docket No. CERC-03-2017-
0138CR,'' and should be forwarded to Andrew S. Goldman at the above
address.

FOR FURTHER INFORMATION CONTACT: Andrew S. Goldman (3RC41), U.S.
Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA
19103, Phone:<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: August 31, 2017.
Karen Melvin,
Director, Hazardous Site Cleanup Division, U.S. Environmental
Protection Agency, Region III.
[FR Doc. 2017-20313 Filed 9-22-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]
[Page 70753]
[DOCID:fr06de06-47]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Transfer of License and Soliciting
Comments, Motions To Intervene, and Protests

November 29, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of License.
    b. Project No.: 2161-023.
    c. Date Filed: November 21, 2006.
    d. Applicants: Rhinelander Paper Company (RPC) and Wausau Paper
Specialty Products, LLC (WPSP, LLC).
    e. Name and Location of Project: The Rhinelander Project is located
on the Wisconsin River, in Oneida County, Wisconsin.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contacts: For RPC and WPSP, LLC: Ms. Cara Kurtenbach,
Director of Environmental Affairs, Wausau Paper, 100 Paper Place,
Mosinee, WI 54455,<PHONE_NUMBER>. Ms. Elizabeth W. Whittle, Nixon
Peabody, LLP, 401 Ninth Street, NW., Suite 900, Washington, DC 20004,
(202) 585-8338.
    h. FERC Contact: Etta L. Foster<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: December 15, 2006.
    All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper, see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's web-site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-2161-023) on any comments, protests, or motions filed. The
Commission's Rules of Practice and Procedure require all interveners
filing a document with the Commission to serve a copy of that document
on each person in the official service list for the project. Further,
if an intervener files comments or documents with the Commission
relating to the merits of an issue that may affect the responsibilities
of a particular resource agency, they must also serve a copy of the
documents on that resource agency.
    j. Description of Application: Applicants request approval, under
Section 8 of the Federal Power Act, of a transfer of license for the
Rhinelander Project No. 2161 from the Rhinelander Paper Corporation to
the Wausau Paper Specialty Products, LLC.
    k. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``FERRIS'' link. Enter the project number

excluding the last three digits (P-2161) in the docket number field to
access the document. For online assistance, contact
<EMAIL_ADDRESS>or call toll-free<PHONE_NUMBER>, for TTY,

call<PHONE_NUMBER>. A copy is also available for inspection and
reproduction at the addresses in item g.
    l. Individual desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    n. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    o. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filling
comments, it will be assumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-20597 Filed 12-5-06; 8:45 am]

BILLING CODE 6717-01-P


Before the

Department of Transportation

Washington, D.C.  20590

RATE EQUALIZATION NOTICE

In the Matter of:

INTRA ALASKA CLASS:						Docket OST-03-14694

SERVICE MAIL RATES:						Docket OST-03-14695

EQUALIZATION NOTICE OF

GRANT AVIATION, INC.

Grant Aviation, Inc. (GS), an Alaskan incorporated air carrier currently
authorized to transport United States Mail, hereby gives notice of its
intent to equalize between Bethel, Alaska and Chefornak, Eek, Goodnews
Bay, Hooper Bay, Kongiganak, Kipnuk, Kwigillingok, Kwinhagak, Mekoryuk,
Nightmute, Toksook Bay, Platinum, Scammon Bay, Tununak, Chevak,
Tuntatuliak, and Newtok with the lower levels paid to other carriers or
combinations of other carriers in these markets effective February 17,
2004.

Order 90-10-34 provides that an air carrier may elect to establish a
reduced charge equal to the charge prescribed for mail transportation
actually being performed between the same origin and destination points
by any other certificated air carrier or combination of carriers,
regardless of routing.

Subject to the conditions below, Grant Aviation gives this notice of its
election to equalize applicable rates for small aircraft in the Bethel
to Chefornak, Eek, Goodnews Bay, Hooper Bay, Kongiganak, Kipnuk,
Kwigillingok, Kwinhagak, Mekoryuk, Nightmute, Toksook Bay, Platinum,
Scammon Bay, Tununak, Chevak, Tuntatuliak, and Newtok markets, to match,
on a total rate per pound basis, the lower rate or combination of rates
now in effect or hereafter determined and paid to ERA Aviation for each
category of mail ERA Aviation transports in these markets to any lower
rate or combination of rates paid in the future to any other carrier in
these markets.

Grant Aviation’s offer of equalization results from the implementation
of the Rural Service Improvement Act of 2002, and the assertion by the
Postal Service that air carriers operating under FAR 135 would not be
tendered mail in markets served by carriers operating under FAR 121
unless the 135 carrier equalized to the new part 121 bush mail rate.

Equalization under this notice is effective immediately and is effective
for an indefinite period.  This notice will remain in effect until
terminated by written notice filed at least ten days in advance.

Whereas Grant Aviation, Inc. gives this notice of equalization of its
mail rates, Grant Aviation, Inc. requests equitable tender of mail in
these markets pursuant to the practices and procedures of the Department
of Transportation and the United States Postal Service

Sincerely,

R. Bruce McGlasson

President

Service List

Postmaster General

C/o Assistant General Council-Transportation

United States Postal Service

475 Le Enfant Plaza S.W.

Washington, D.C.  20260-7130

Mr. Steve Deaton

Western District Network

4141 Postmark Drive

Anchorage, AK  99502-9781

Documentary Services Division (C-55)

DOT/OST Room PL 401

400 7th Street, S.W.

Washington, D.C.  20590-0001

Attn: Paul Landis

ERA Aviation

6160 Carl Brady Drive

Anchorage, AK  99502-1801

 Aviation                                        P.O. Box 92200
Anchorage, AK  99509-2200
         Phone<PHONE_NUMBER>  Fax<PHONE_NUMBER>


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55194-55197]
[DOCID:fr24se08-156]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58564; File No. SR-NYSEArca-2008-86]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Accelerated Approval of Proposed Rule Change To List and Trade the
WisdomTree Dreyfus Emerging Markets Fund

September 17, 2008.

I. Introduction

    On August 11, 2008, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca''), through its wholly owned subsidiary, NYSE Arca Equities, Inc.
(``NYSE Arca Equities''), filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade the WisdomTree
Dreyfus Emerging Markets Fund (``Fund''). The proposed rule change was
published for comment in the Federal Register on August 26, 2008.\3\
The Commission received no comment letters on the proposal. This order
approves the proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 58396 (August 20,
2008), 73 FR 50385 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade the shares (``Shares'') of
the Fund pursuant to NYSE Arca Equities Rule 8.600, which governs the
listing and trading of Managed Fund Shares on the Exchange.\4\ The Fund
will be an actively managed exchange traded fund. The Shares will be
offered by the WisdomTree Trust (``Trust''), which was established as a
Delaware statutory trust on December 15, 2005. The Trust is registered
with the Commission as an investment company.\5\
---------------------------------------------------------------------------

    \4\ Managed Fund Shares are securities that represent an
interest in a registered investment company organized as an open-end
management investment company or similar entity that invests in a
portfolio of securities selected by such investment company's
investment adviser consistent with such investment company's
investment objectives and policies. See NYSE Arca Equities Rule
8.600(c)(1); Securities Exchange Act Release No. 57619 (April 4,
2008), 73 FR 19544 (April 10, 2008) (SR-NYSEArca-2008-25)
(approving, among other things, rules permitting the listing and
trading of Managed Fund Shares).
    \5\ See Post-Effective Amendment No. 14 to Registration
Statement on Form N-1A for the Trust (File Nos. 333-132380 and 811-
21864) (``Registration Statement''). The Exchange states that the
descriptions of the Fund and the Shares contained in the Notice are
based on information in the Registration Statement.
---------------------------------------------------------------------------

A. Description of the Shares and the Fund

    WisdomTree Asset Management, Inc. (``WisdomTree Asset Management'')
is the investment adviser to the Fund.\6\ The Exchange represents that
WisdomTree Asset Management is not affiliated with any broker-dealer.
The Bank of New York is the administrator, custodian, and transfer
agent for the Fund. ALPS Distributors, Inc. serves as the distributor
for the Fund.\7\
---------------------------------------------------------------------------

    \6\ WisdomTree Investments, Inc. is the parent company of
WisdomTree Asset Management.
    \7\ The Commission has issued an order granting certain
exemptive relief to the Trust under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (``1940 Act''). See Investment Company Act
Release No. 28147 (February 6, 2008), 73 FR 7776 (February 11, 2008)
(File No. 812-13470). In compliance with Commentary .05 to NYSE Arca
Equities Rule 8.600, which applies to Managed Fund Shares based on
an international or global portfolio, the Exchange states that the
Trust's application for exemptive relief under the 1940 Act provides
that the Fund will comply with federal securities laws in accepting
securities for deposits and satisfying redemptions with redemption
securities, including that the securities accepted for deposits and
the securities used to satisfy redemption requests are sold in
transactions that would be exempt from registration under the
Securities Act of 1933 (15 U.S.C. 77a).
---------------------------------------------------------------------------

    The Fund seeks to earn current income reflective of money market
rates in emerging market currencies available to foreign investors, as
well as provide exposure to changes in the value of emerging market
currencies relative to the U.S. dollar. The Exchange notes that because
the Fund's investment objective was adopted as a non-fundamental
investment policy, the Fund's investment objective may be changed
without a vote of shareholders.
    The Fund seeks to achieve its investment objective by investing in
short-term securities and instruments designed to provide exposure to
the currencies and money market rates of a specified set of emerging
market countries. The set of countries is selected and reconstituted on
an annual basis with similar allocations to each country being
established (in U.S. dollar terms) at the reconstitution date and
consequently reset each quarter. Although the Fund is actively managed,
the Exchange states that the Fund would strive to adhere to these
general parameters in both currency selection and approximate
allocation, unless it is believed to be to the detriment of the Fund.
    A basket of from five to twelve currencies is selected at least
annually from a pool of eligible currencies to provide a representative
and diversified proxy for developing market currencies relative to the
U.S. dollar. Countries and their capital markets are first classified
as frontier, emerging, developing, and developed markets based on a
number of quantitative and qualitative factors to determine
eligibility. Only the currencies of countries and capital markets
classified as developing or emerging markets will be deemed eligible.
The selection of the constituent currencies is then driven by the
liquidity and tradability of the individual currencies, a country's
economic and capital market development, and optimized regional and
economic diversification. The Fund attempts to invest in instruments
that provide exposure to the most liquid currencies in the geographical
regions in which the Fund invests. The Fund will seek to provide an
equally-weighted exposure to these currencies. The Fund will be
rebalanced on a quarterly basis to maintain this equal weighting. The
basket will be reconstituted each year following a similar
classification and selection process. Significant events, such as the
reclassification of a country's currency from developing to developed,
may cause the Fund to reconstitute its portfolio more frequently than
annually. At launch, the Fund initially will select a subset of the
following markets: Brazil, Chile, China, the Czech Republic, Hungary,
India, Malaysia, Mexico, Poland, Russia, South

Africa, South Korea, Taiwan, Turkey, and Thailand.\8\
---------------------------------------------------------------------------

    \8\ Data for the currencies of these countries is included in
the Bank for International Settlements Triennial Central Bank
Survey, December 2007 (``BIS Survey''). The Fund will invest in
instruments that provide exposure to currencies selected from the
top 42 currencies in the chart included in the BIS Survey (Currency
distribution of foreign exchange turnover), reflecting the
percentage share of average daily turnover for the applicable month
and year.
---------------------------------------------------------------------------

    The Exchange adds that, in addition to using the BIS Survey to
assess liquidity, the Fund's portfolio managers also will use
information about transaction volume, bid-ask spreads, and average
transaction size in each currency and in contracts and derivatives on
such currencies to assess liquidity, obtaining this information through
market observation, subscription services, and from publicly available
sources.
    The Exchange notes that, because the market for money market
instruments in these countries generally is less liquid and accessible
to foreign investors than corresponding markets in more developed
economies, the Fund intends to achieve exposure to the applicable non-
U.S. market(s) by investing primarily in short-term U.S. money market
securities and in forward currency contracts and swaps, the combination
of which is designed to create a position economically similar to a
money market instrument denominated in a non-U.S. currency.\9\
---------------------------------------------------------------------------

    \9\ The Fund may pursue its objectives through direct
investments in money market instruments issued by entities in the
applicable non-U.S. country and denominated in the applicable non-
U.S. currency when WisdomTree Asset Management believes it is in the
best interest of the Fund to do so. The decision to secure exposure
directly or indirectly will be a function of, among other things,
market accessibility, credit exposure, and tax ramifications for
foreign investors. If the Fund pursues direct investment, eligible
investments will include short-term securities issued by the
applicable foreign government and its agencies or instrumentalities,
bank debt obligations and time deposits, bankers' acceptances,
commercial paper, short-term corporate debt obligations, mortgage-
backed securities, and asset-backed securities.
---------------------------------------------------------------------------

    The Fund generally will maintain a weighted average portfolio
maturity of 90 days or less, will not purchase any money market
instrument with a remaining maturity of more than 397 calendar days,
and will not invest in non-U.S. equity securities. The Exchange notes
that the Fund will issue and redeem Shares on a continuous basis at net
asset value (``NAV'') \10\ only in large blocks of shares, typically
50,000 shares or more (``Creation Units''), in transactions with
authorized participants. Creation Units of the Fund are usually issued
in exchange for cash, and redemptions are effected usually in exchange
for a basket of U.S. money market instruments and/or a designated
amount of cash. Once created, Shares of the Fund trade on the secondary
market in amounts less than a Creation Unit.
---------------------------------------------------------------------------

    \10\ The NAV of the Fund's Shares generally is calculated once
daily Monday through Friday as of the close of regular trading on
the New York Stock Exchange LLC, generally 4 p.m. Eastern time
(``ET''). The NAV per share is calculated by dividing the Fund's net
assets by the number of Fund Shares outstanding. The Exchange states
that additional information regarding the valuation of Fund
investments in calculating the Fund's NAV can be found in the
Registration Statement.
---------------------------------------------------------------------------

    The Exchange states that more information regarding the Shares and
the Fund, including investment strategies, risks, creation and
redemption procedures, fees, portfolio holdings disclosure policies,
distributions, and taxes, can be found in the Registration Statement.

B. Availability of Information

    The Fund's Web site (www.wisdomtree.com), which will be publicly
available prior to the public offering of the Shares, will include a
downloadable form of the prospectus for the Fund. The Web site will
include additional quantitative information for the Fund, updated on a
daily basis, including: (1) The prior business day's reported NAV, mid-
point of the bid/ask spread at the time of calculation of such NAV (the
``Bid/Ask Price''),\11\ and a calculation of the premium and discount
of the Bid/Ask Price against the NAV; and (2) data in chart format
displaying the frequency distribution of discounts and premiums of the
daily Bid/Ask Price against the NAV, within appropriate ranges, for
each of the four previous calendar quarters. On each business day,
before commencement of trading in the Core Trading Session \12\ on the
Exchange, the Trust will disclose on its Web site the identities and
quantities of the portfolio of securities and other assets (``Disclosed
Portfolio'') \13\ held by the Fund that will form the basis for the
Fund's calculation of NAV at the end of the business day.\14\
---------------------------------------------------------------------------

    \11\ The Bid/Ask Price of the Fund is determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the Fund's NAV. The records relating
to Bid/Ask Prices will be retained by the Fund and its service
providers.
    \12\ See NYSE Arca Equities Rule 7.34. The Core Trading Session
is from 9:30 a.m. to 4 p.m. ET.
    \13\ See NYSE Arca Equities Rule 8.600(c)(2) (defining Disclosed
Portfolio as the identities and quantities of the securities and
other assets held by the investment company that will form the basis
for the investment company's calculation of NAV at the end of the
business day).
    \14\ Under accounting procedures followed by the Fund, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Notwithstanding the
foregoing, portfolio trades that are executed prior to the opening
of the Exchange on any business day may be booked and reflected in
NAV on such business day. Accordingly, the Fund will be able to
disclose at the beginning of the business day the portfolio that
will form the basis for the NAV calculation at the end of the
business day.
---------------------------------------------------------------------------

    In addition, an estimated value, defined in NYSE Arca Equities Rule
8.600(c)(3) as the ``Portfolio Indicative Value,'' which reflects an
estimated intraday value of the Fund's portfolio, will be disseminated.
The Portfolio Indicative Value will be based upon the current value for
the components of the Disclosed Portfolio and will be updated and
disseminated by the Exchange at least every 15 seconds during the Core
Trading Session through the facilities of the Consolidated Tape
Association. The Exchange states that the dissemination of the
Portfolio Indicative Value, together with the Disclosed Portfolio, will
allow investors to determine the value of the underlying portfolio of
the Fund on a daily basis and to provide a close estimate of that value
throughout the trading day.
    The Exchange further states that information regarding market price
and volume of the Shares is and will be continually available on a
real-time basis throughout the day on brokers' computer screens and
other electronic services. The previous day's closing price and trading
volume information will be published daily in the financial section of
newspapers. Quotation and last-sale information regarding the Shares
will be available via the Consolidated Tape Association high-speed
line.

C. Initial and Continued Listing

    The Shares will be subject to NYSE Arca Equities Rule 8.600(d),
which sets forth the initial and continued listing criteria applicable
to Managed Fund Shares. A minimum of 100,000 Shares will be required to
be outstanding at the commencement of trading. The Exchange states that
this minimum number of Shares required to be outstanding is comparable
to requirements that have been applied to previously listed series of
exchange-traded funds. The Exchange believes that the proposed minimum
number of Shares outstanding at the start of trading will be sufficient
to provide market liquidity. In addition, the Exchange states that it
will obtain a representation from the Trust prior to the listing of the
Fund Shares that the NAV per Share will be calculated daily and that
the NAV and Disclosed Portfolio will be made available to all market

participants at the same time.\15\ The Exchange further represents
that, for initial and/or continued listing, the Shares must be in
compliance with Rule 10A-3 under the Act,\16\ as provided by NYSE Arca
Equities Rule 5.3.
---------------------------------------------------------------------------

    \15\ E-mail from Tim Malinowski, Director, NYSE Euronext, to
Edward Cho, Special Counsel, Division of Trading and Markets,
Commission, dated September 11, 2008. See NYSE Arca Equities Rule
8.600(d)(1).
    \16\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

D. Trading Halts

    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund. Shares of the Fund will be halted if
the ``circuit breaker'' parameters in NYSE Arca Equities Rule 7.12 are
reached. Trading may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the Shares
inadvisable. These may include: (1) The extent to which trading is not
occurring in the securities comprising the Disclosed Portfolio and/or
the financial instruments of the Fund; or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present. Finally, trading in the Shares will be
subject to NYSE Arca Equities Rule 8.600(d)(2)(D), which sets forth
specific circumstances under which trading in the Shares of the Fund
may/must be halted.

E. Trading Rules

    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. The Shares will trade
on the NYSE Arca Marketplace from 4 a.m. to 8 p.m. ET, in accordance
with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late Trading
Sessions). The Exchange states that it has appropriate rules to
facilitate transactions in the Shares during all trading sessions. The
minimum trading increment for the Shares on the Exchange will be $0.01.

F. Surveillance

    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (which includes Managed
Fund Shares) to monitor trading in the Shares. The Exchange represents
that these procedures are adequate to properly monitor Exchange trading
of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations. The Exchange states that
it may obtain information via the Intermarket Surveillance Group
(``ISG'') from other exchanges who are members of ISG.\17\ In addition,
the Exchange also has a general policy prohibiting the distribution of
material, non-public information by its employees.
---------------------------------------------------------------------------

    \17\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all of the components
of the Disclosed Portfolio for the Fund may trade on exchanges that
are members of ISG.
---------------------------------------------------------------------------

G. Information Bulletin

    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Unit
aggregations (and that Shares are not individually redeemable); (2)
NYSE Arca Equities Rule 9.2(a),\18\ which imposes a duty of due
diligence on its ETP Holders to learn the essential facts relating to
every customer prior to trading the Shares; (3) the risks involved in
trading the Shares during the Opening and Late Trading Sessions when an
updated Portfolio Indicative Value will not be calculated or publicly
disseminated; (4) how information regarding the Portfolio Indicative
Value is disseminated; (5) the requirement that ETP Holders deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; and (6) trading
information. In addition, the Bulletin will reference that the Fund is
subject to various fees and expenses described in the Registration
Statement and will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Act. The
Bulletin will also disclose that the NAV for the Shares will be
calculated after 4 p.m. ET each trading day.
---------------------------------------------------------------------------

    \18\ NYSE Arca Equities Rule 9.2(a) provides that an ETP Holder,
before recommending a transaction, must have reasonable grounds to
believe that the recommendation is suitable for the customer based
on any facts disclosed by the customer as to his other security
holdings and as to his financial situation and needs. Further, the
rule provides, with a limited exception, that prior to the execution
of a transaction recommended to a non-institutional customer, the
ETP Holder shall make reasonable efforts to obtain information
concerning the customer's financial status, tax status, investment
objectives, and any other information that the ETP Holder believes
would be useful to make a recommendation. See Securities Exchange
Act Release No. 54026 (June 21, 2006), 71 FR 36850 (June 28, 2006)
(SR-PCX-2005-115).
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\19\ In particular, the Commission finds that the proposed
rule change is consistent with the requirements of Section 6(b)(5) of
the Act,\20\ which requires, among other things, that the Exchange's
rules be designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
The Commission notes that, for the Shares to be listed and traded on
the Exchange, such Shares must be in compliance with the initial and
continued listing requirements under NYSE Arca Equities Rule 8.600.
---------------------------------------------------------------------------

    \19\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the proposal to list and trade the
Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of
the Act \21\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information for the Shares will be disseminated by means of the
facilities of the Consolidated Tape Association. In addition, the
Portfolio Indicative Value will be updated and disseminated at least
every 15 seconds during the Core Trading Session on the Exchange
through the facilities of the Consolidated Tape Association, and, on
each business day before commencement of the Core Trading Session, the
Trust will disseminate the Disclosed Portfolio on its Web site. The
Commission also notes that information

regarding market price and volume of the Shares is and will be
continually available on a real-time basis throughout the day through
electronic means, and the previous day's closing price and trading
volume information will be published daily in the financial section of
newspapers. Additionally, the following information will be available
on the Funds' Web site (www.wisdomtree.com), which will be publicly
accessible at no charge: (1) The prior business day's reported NAV, the
Bid/Ask Price, and a calculation of the premium and discount of the
Bid/Ask Price against the NAV; and (2) data in chart format displaying
the frequency distribution of discounts and premiums of the daily Bid/
Ask Price against the NAV, within appropriate ranges, for each of the
four previous calendar quarters.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    Furthermore, the Commission believes that the proposal to list and
trade the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange is required to obtain a
representation from the Trust, prior to listing, that the NAV per Share
will be calculated daily, and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.\22\
The Exchange may consider the suspension of trading in, or removal from
listing of, the Shares if the value of the Portfolio Indicative Value
is no longer calculated or available or the Disclosed Portfolio is not
made available to all market participants at the same time.\23\ In
addition, NYSE Arca Equities Rule 8.600(d)(2)(B)(ii) requires that the
Reporting Authority \24\ that provides the Disclosed Portfolio
implement and maintain, or be subject to, procedures designed to
prevent the use and dissemination of material non-public information
regarding the actual components of the portfolio. Lastly, the
Commission notes that the Exchange will halt trading in the Shares
under the specific circumstances set forth in NYSE Arca Equities Rule
8.600(d)(2)(D) and that, if WisdomTree Asset Management becomes
affiliated with a broker-dealer, WisdomTree Asset Management must erect
a firewall between it and such broker-dealer with respect to access to
information concerning the composition and/or changes to the investment
portfolio of the Funds, in accordance with Commentary .07 to NYSE Arca
Equities Rule 8.600.
---------------------------------------------------------------------------

    \22\ See supra note 15 and accompanying text.
    \23\ See NYSE Arca Equities Rule 8.600(d)(2)(C)(ii).
    \24\ See NYSE Arca Equities Rule 8.600(c)(4) (defining Reporting
Authority).
---------------------------------------------------------------------------

    Though the Exchange has stated that the Fund's investment objective
may be changed without a vote of shareholders, an Exchange's
obligations under Section 19(b) of the Act and Rule 19b-4 thereunder
are independent of any requirements that may apply to the Fund's
issuer. Thus, the Exchange must monitor changes to the Shares,
including any change to the Fund's investment objective. The Exchange
must assess whether any changes to the Shares would require it to
submit a proposed rule change in accordance with Section 19(b)(1) of
the Act and Rule 19b-4 thereunder or take any other action as
appropriate, including halting trading of the Shares.
    The Commission further believes that the trading rules and
procedures to which the Shares will be subject pursuant to this
proposal are consistent with the Act. The Exchange has represented that
the Shares are equity securities subject to Exchange's rules governing
the trading of equity securities.
    In support of this proposal, the Exchange has made the following
representations:
    1. The Shares will be subject to the initial and continued listing
criteria applicable to Managed Fund Shares. In addition, for initial
and/or continued listing, the Shares must comply with Rule 10A-3 under
the Act,\25\ as provided by NYSE Arca Equities Rule 5.3.
---------------------------------------------------------------------------

    \25\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    2. The Exchange will rely on its existing surveillance procedures
applicable to derivative products, which will include Managed Fund
Shares.\26\ The Exchange's surveillance procedures are adequate to
properly monitor the trading of the Shares in all trading sessions and
to deter and detect violations of Exchange rules and applicable federal
securities laws.
---------------------------------------------------------------------------

    \26\ The Commission notes that the Fund will not invest in non-
U.S. equity securities and believes that the Exchange's rules and
procedures are adequate with respect to the trading of the Shares.
The Commission, however, notes that other proposed series of Managed
Fund Shares may require additional Exchange rules and procedures to
govern their listing and trading on the Exchange. For example, in
the case of a proposed series of Managed Fund Shares that are based
on a portfolio, at least in part, of non-U.S. equity securities,
rules relating to comprehensive surveillance sharing agreements and
quantitative initial and continued listing standards may be
required.
---------------------------------------------------------------------------

    3. Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares,
prospectus delivery requirements, and other information, as described
in more detail herein.
    For the foregoing reasons, the Commission believes that the
proposal to list and trade the Shares is consistent with the Act and
finds good cause for approving the proposed rule change. This approval
order is based on the Exchange's representations.
    The Commission finds good cause for approving the proposed rule
change before the 30th day after the date of publication of notice of
filing thereof in the Federal Register. The Commission notes that the
investment objective of the Fund is similar to those applicable to
other Managed Fund Shares, the listing and trading of which the
Commission has previously approved for the Exchange.\27\ The Commission
further notes that the Fund will invest in instruments that provide
exposure to currencies selected only from the top 42 currencies in the
chart included in the BIS Survey (Currency distribution of foreign
exchange turnover), reflecting the highest percentage shares of average
daily turnover for the applicable month and year. Accelerated approval
of the proposed rule change should provide additional choices for
investors in, and promote additional competition in the market for,
Managed Fund Shares. Therefore, the Commission finds good cause,
consistent with Section 19(b)(2) of the Act,\28\ to approve the
proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \27\ See, e.g., Securities Exchange Act Release No. 57801 (May
8, 2008), 73 FR 27878 (May 14, 2008) (SR-NYSEArca-2008-31)
(approving the listing and trading of 12 actively managed exchange-
traded funds of the WisdomTree Trust, including 11 international
currency funds and one U.S. current income fund, pursuant to NYSE
Arca Equities Rule 8.600).
    \28\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\29\ that the proposed rule change (SR-NYSEArca-2008-86) be, and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \29\ Id.
    \30\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E8-22308 Filed 9-23-08; 8:45 am]

BILLING CODE 8010-01-P


1. Amount from Stocks EPA is allowing up to 1,283,214 kilograms of methyl bromide from inventories stockpiled before the phaseout date of January 1, 2005 to be sold for approved critical uses. In evaluating the issue of what amount of the critical use level for 2005 should be met from stocks, EPA considered comments received and the following statements in Decision Ex I/ 3. Decision Ex I/ 3( 1) permits a level of production and consumption equal to 30% of the 1991 baseline and establishes an agreed critical use level equal to 35% of the 1991 baseline. With regard to drawdown from existing inventory, Decision Ex I/ 3( 2) states: " That a Party with a critical use exemption level in excess of permitted levels of production and consumption for critical uses is to make up any such difference between those levels by using quantities of methyl bromide from stocks that the Party has recognized to be available." The availability of stocks is also addressed in Decision Ex I/ 3( 5), which states: " That each Party which has an agreed critical use should ensure that the criteria in paragraph 1 of decision IX/ 6 are applied when licensing, permitting or authorizing the use of methyl bromide and that such procedures take into account available stocks." Additional references to Decision IX/ 6 appear in preambular language (" Mindful that exemptions must fully comply with decision IX/ 6 . . . ", " Mindful also that decision IX/ 6 permits the production and consumption of methyl bromide for critical uses only if it is not available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide.") In acting in accordance with Decision Ex. I/ 3, EPA must look looks to Paragraph ( 3) of that Decision, which states that a Party " shall prohibit" the use of stocks when the usage of stocks combined with production and consumption exceeds the total level of critical uses agreed to by the Parties, and with Paragraph ( 2), which states that a Party with a use exemption exceeding allowable production and consumption " is to make up" any such difference by using stocks recognized to be available. Additionally, Paragraph ( 5) of Decision Ex. I/ 3 states that Parties should ensure that Decision IX/ 6' s criteria are applied, and Decision IX/ 6 states that production and consumption should not be permitted where stocks are recognized to be available. Taking into account the desire to act in accordance with the language of Decision Ex. I/ 3' s first three Paragraphs, and the fact that the fifth Paragraph and Decision IX/ 6 are is hortatory, EPA concludes that the appropriate level of stocks utilization is set forth in Decision Ex. I/ 3( 1), which establishes a critical use level of 35% but permits production and consumption of only 30%. Paragraph ( 1) of Decision Ex. I/ 3, read in conjunction with paragraph ( 2) of the same Decision, specifies the amount of the critical use level for 2005 that should be met from stocks. Paragraph ( 1) establishes a critical use level of 35% of baseline but permits production and consumption of only 30%. Paragraph ( 2) explains that the difference is to made up by using available stocks. In other words, the amount of the United States' 2005 critical use level that should be met from stocks is 1,283,214 kilograms, i. e., an amount equivalent to 5% of baseline. EPA's conclusion accords with both the preambular language quoted above ( which explains why the Decision permits a level of production and consumption that is less than the critical use level) as well as Paragraph ( 5) of Decision Ex. I/ 3. That Paragraph requests each Party with an agreed critical use to take into account available stocks when authorizing the use of methyl bromide. Given the language in Paragraphs ( 1) and ( 2) of Decision Ex. I/ 3, EPA interprets Paragraph ( 5)' s language as meaning that the U. S. should not authorize critical use exemptions without including provisions addressing drawdown from stocks for critical uses. EPA is acting consistently with Paragraph ( 5) by establishing requirements governing the sale of pre phaseout inventories for approved critical uses. In section V. F of today's rulemaking, EPA describes the mechanism by which the Agency is allowing stocks of methyl bromide to be sold for approved critical uses. In addition, EPA is taking into account stocks through the trading provisions outlined in section V. G of today's rulemaking, which allow critical use allowances to be converted into critical stock allowances. EPA had proposed to undertake an independent analysis of the amount to come from stocks and to adjust the authorized level of new production and consumption for critical uses by the amount of " available" stocks determined through this analysis. The methodology proposed for this analysis was elaborated in the NPRM and also in a Technical Support Document that can be obtained from the rulemaking docket. EPA also sought comment on an alternative approach: " For the 2005 calendar year, the Agency could make a determination that the amount of methyl bromide available from existing stocks is simply based on the difference between the limit on methyl bromide for critical uses ( 8,942 metric tons) and the limit on new production and import ( 7,659 metric tons) in the Decision Ex. I/ 3." 69 FR 52375. This is essentially the approach adopted in today's final rule. EPA is clarifying, however, the appropriate level of stock drawdown for critical uses is set out in Decision Ex. I/ 3. " EPA received 10 comments on the independent assessment approach proposed in the NPRM for determining available stocks: five comments in favor of this approach and nine comments suggesting further refinements to the methodology. However, since EPA is not using the methodology to determine available stocks for the 2005 control period, the Agency is not responding to the details of the comments in today's rulemaking. One commenter stated that EPA should use a " mathematical" approach, under which the amount from stocks would equal the difference between the limit on methyl bromide for critical uses and the limit on new production and import. EPA believes that the approach adopted in this final rule is consistent with these commenters' recommendation." Two commenters stated that all stocks must be used before any new production is permitted and that all stocks other than those for export to developing countries should be considered " available" for critical uses. One commenter refers to Decision IX/ 6, paragraph ( 1)( b), in which the Parties agreed: " That production and consumption, if any, of methyl bromide for critical uses should be permitted only if: . . .( ii) Methyl bromide is not available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide, also bearing in mind the developing countries' need for methyl bromide." EPA does not believe that this is an accurate characterization of Decision IX/ 6 as it relates to Decision Ex. I/ 3. Paragraph 2 of Decision Ex. I/ 3 states that a Party " is to make up" the difference between an agreed use level and production and consumption " from stocks that the Party has recognized to be available." Moreover, Decision IX/ 6 asks Parties to permit production and consumption where " methyl bromide is not available in sufficient quantity and quality from existing stocks of banked and recycled methyl bromide, also bearing in mind the developing countries' need for methyl bromide." Both of these statements contemplate the possibility that available stocks could be less than existing stocks. Moreover, the United States and other countries have interpreted identical decisional language in the essential use exemption context not to require the use of all existing stocks, and Decision Ex. I/ 3' s consideration of stocks is consistent with this interpretation. In addition, EPA disagrees with the commenter's assumption that all stocks that are not specifically designated for export to developing countries are available for critical uses. For example, there may be stocks in the U. S. produced specifically for quarantine and pre shipment uses or stocks held on behalf of another entity for a non critical use during their transition to alternatives. In addition, the U. S. is a global supplier of methyl bromide and existing inventories may be tagged for critical uses in other developed countries.

C. Access to Stocks In the proposed rule EPA described several different approaches to controlling access to stocks of methyl bromide produced or imported before the phaseout date of January 1, 2005. EPA proposed a limit on the sale of stocks to approved critical users. In addition, EPA proposed to prohibit sale of stocks to end users in nominated sectors who lacked the limiting critical conditions that make methyl bromide use critical for the categories listed in Decision Ex. I/ 3. EPA sought comment on whether to apply use restrictions to other groups. The Agency recognizes that a person who qualifies as an approved critical user may have both approved critical uses and other uses. Further, the Agency also recognizes the possibility that an approved critical user could grow two distinct crops or fumigate two distinct commodities in the same field or structure during a single control period. In today's rule, EPA is restricting access to stocks for approved critical uses. Approved critical uses are listed in Appendix L to 40 CFR Part 82, Subpart A. The total amount of pre phaseout inventory that may be sold as critical use methyl bromide is equivalent to 5% of the 1991 baseline. As discussed below, this rule creates critical stock allowances ( CSAs) in this amount. For each kilogram of methyl bromide sold from prephaseout inventories as critical use methyl bromide, a CSA holder must expend one CSA. In finalizing the provisions on access to stocks, EPA considered comments received and the language of Decision Ex I/ 3( 3), which states: " That a Party using stocks under paragraph 2 above shall prohibit the use of stocks in the categories set forth in annex II A to the report of the First Extraordinary Meeting of the Parties to the Montreal Protocol when amounts from stocks combined with allowable production and consumption for critical uses exceed the total level for that Party set forth in annex II A to the present report." EPA received four comments supporting unlimited access to stocks for approved critical uses and 24 additional comments supporting unlimited access to stocks for all uses. EPA also received 1 comment stating that there is no legal basis for allowing use of stocks by users that did not apply for or did not qualify for critical use status, and no basis for the Agency's supposition that some users did not apply for CUE status because they were counting on use of stocks. EPA reads Decision Ex I/ 3( 3) as requiring limitations on the use of stocks only with respect to uses agreed by the Parties to be critical. Annex II A to the report of the First Extraordinary Meeting is titled " Agreed critical use categories." Paragraph ( 1) of Decision Ex. I/ 3 permits limited production and consumption "[ f] or the agreed critical uses set forth in annex II A." Because paragraph ( 3) of Decision Ex I/ 3 also refers to Annex II A, EPA concludes that the burden of the stock restriction is coextensive with the benefit of the new production and import. EPA does not believe that Decision Ex I/ 3( 3) can be read to allow unlimited access to stocks for approved critical uses because the prohibition is directly linked to " the categories set forth in annex II A," which are the categories of critical uses agreed to by the Parties. Nor can the Decision be read to allow unlimited access to stocks for all uses: that would fail to give any effect to the phrase " shall prohibit the use of stocks." EPA disagrees with the comment that there is no legal basis for allowing use of stocks by users that did not apply for or did not qualify for critical use status. Decision Ex I/ 3( 3) does not require that individual Parties prohibit use of stocks by users whose uses fall outside the categories of agreed critical uses. Nothing in the Protocol or the CAA mandates that EPA limit drawdown from stocks for such uses. In anticipating that some users did not apply for CUE status because they were counting on use of stocks, the Agency did not assume that any user had special knowledge of the total amount of stocks available but rather that an individual user might have confirmed with its supplier that enough methyl bromide would be available from that supplier's inventory to meet the individual user's limited transitional needs. For example, some onion growers in the southeastern U. S. informed EPA in their comments on the rulemaking they did not apply for an exemption because they intend to avail themselves of existing stocks Nine commenters stated that EPA does not have legal authority to restrict the use of methyl bromide stocks. These commenters argue that no provision of the CAA authorizes EPA to impose such restrictions. Specifically, they state that section 604( d)( 6) refers only to production, importation, and consumption, and that by addressing use in other sections of the CAA, Congress demonstrated its intent to deny EPA authority to regulate stocks under 604( d)( 6). However, section 604( d)( 6) directly relates to use: the exempted production, importation and consumption is for critical " uses." While Congress, in the Clean Air Act, generally mandated that production and consumption of ozone depleting substances be phased out across the board, regardless of use, the Act does contain certain provisions, including section 604( d)( 6), that authorize EPA to provide exceptions on the basis of use. Thus, section 604( d)( 6) is one of the provisions of the Clean Air Act where use is clearly at issue. In today's final rule, EPA is imposing narrowly tailored use restrictions as a condition of obtaining new production and import. EPA believes that section 604( d)( 6) mandates this result. In section 604( d)( 6), Congress provided EPA authority to exempt production and import of methyl bromide for critical uses, but only " to the extent consistent with the Protocol." The use restrictions in today's final rule are necessary to ensure that total usage for critical uses does not exceed the limit agreed to by the Parties in implementing the critical use provision in Article 2H of the Protocol. The relationship between sections 604( d)( 6) and 614( b) of the CAA and the Protocol and its Decisions is discussed in detail in the NPRM and in the background section of this preamble. The commenters further argue that EPA cannot rely on Decision Ex I/ 3 to justify restrictions on use of stocks. They state that while Decisions may be used to interpret existing requirements in the Protocol, they cannot be used to substantively change those requirements. However, EPA is not suggesting that Decision Ex I/ 3 substantively changed the requirements of Article 2H. Article 2H establishes a prohibition on the production and consumption of methyl bromide, but states that the prohibition shall not apply " to the extent the Parties decide to permit the level of production and consumption that is necessary to satisfy uses agreed by them to be critical uses." The Parties have not interpreted Article 2H in the manner the commenters desire. Instead, they understood the terminology referring to " uses agreed by them to be critical uses" to allow the Parties to tie the determinations of production and consumption to use. Under international law, this interpretation and practice of the Parties may, in the current situation, be read to be an accurate interpretation of Article 2H's language. Although Decision Ex. I/ 3 focuses on regulating production and consumption, the Parties could reasonable set related conditions on agreeing to production and consumption at a particular level. Therefore, the stock restrictions are an integral part of the Parties' decision regarding the level of production and consumption necessary to satisfy critical uses. The commenters further characterize the restrictions on access to stocks proposed in the NPRM as " an attempt by the Agency to bypass the Treaty Clause of the U. S. Constitution by unilaterally amending the Montreal Protocol through a rulemaking, without the advice and consent of the Senate." EPA rejects this characterization. Article 2H explicitly assigns to the Parties the task of deciding what level of production and consumption " is necessary to satisfy uses agreed by them to be critical uses..." Therefore, EPA looks to the Parties' Decisions to provide the details of the exemption authorized in Article 2H. In Decision Ex I/ 3, the Parties decided what level of production and consumption was necessary given certain assumptions about stocks. Accordingly, in compliance with Article 2H, this final rule addresses both production and consumption and the use of stocks.