[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Notices]
[Pages 35022-35023]
[FR Doc No: 2018-15772]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

TUV SUD America, Inc.: Application for Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of TUV SUD
America, Inc., for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the agency's
preliminary finding to grant the application.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before August 8, 2018.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments and attachments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2007-0043, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-3653,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 10:00 a.m.-3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2007-0043). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the website. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before August 8, 2018 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, telephone:<PHONE_NUMBER> or email:
[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, telephone:<PHONE_NUMBER> or email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that TUV SUD America, Inc. (TUVAM), is applying for expansion of
its current recognition as a NRTL. TUVAM requests the addition of two
test standards to its NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The Agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A of 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including TUVAM, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM currently has six facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
TUV SUD America, Inc., 10 Technology Drive, Peabody, MA 01960. A
complete list of TUVAM's scope of recognition (including sites)
recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/tuvam.html.

II. General Background on the Application

    TUVAM submitted an application, dated June 12, 2017 (OSHA-2007-
0043-0023), to expand its recognition to include two additional test
standards. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to this application.
    Table 1 below lists the appropriate test standards found in TUVAM's
application for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                              TUVAM's NRTL
                         [Scope of Recognition]
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            Test standard                     Test standard title
------------------------------------------------------------------------
UL 924..............................  Standard for Emergency Lighting
                                       and Power Equipment.
UL 2108.............................  Standard for Low Voltage Lighting
                                       Systems.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    TUVAM submitted an acceptable application for expansion of its
scope of recognition. OSHA's review of the application file, and
pertinent documentation, indicates that TUVAM can meet the requirements
prescribed by 29 CFR 1910.7 for expanding its recognition to include
the addition of these two test standards for NRTL testing and
certification listed above. This preliminary finding does not
constitute an interim or temporary approval of TUVAM's application.
    OSHA welcomes public comment as to whether TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, at the above address. These materials also
are available online at http://www.regulations.gov under Docket No.
OSHA-2007-0043.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health whether to grant TUVAM's application for
expansion of its scope of recognition. The Assistant Secretary will
make the final decision on granting the application. In making this
decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

IV. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 18, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-15772 Filed 7-23-18; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53823-53824]
[FR Doc No: 2022-18940]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Release Certain Properties From All Terms,
Conditions, Reservations and Restrictions of a Quitclaim Deed Agreement
Between the City of Melbourne and the Federal Aviation Administration
for the Melbourne International Airport, Melbourne, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comment.

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SUMMARY: The FAA hereby provides notice of intent to release 0.11 acres
at the Melbourne International Airport, Melbourne, FL from the
conditions, reservations, and restrictions as contained in a Quitclaim
Deed agreement between the FAA and the City of Melbourne, dated August
6, 1947. The release of property will allow the City of Melbourne to
use the property for other than aeronautical purposes. The property is
located at the Northwest corner of Dr. Martin Luther King Jr. Boulevard
and NASA Boulevard at the Melbourne International Airport in Brevard
County. The parcel is currently designated as surplus property. The
property will be released of its federal obligations for the purpose of
selling the property at fair market value for construction of a right
turn lane. The fair market value lease of this parcel has been
determined to be $30,000. Documents reflecting the Sponsor's request
are available, by appointment only, for inspection at the Melbourne
International Airport and the FAA Airports District Office.

SUPPLEMENTARY INFORMATION: Section 125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR-21) requires the
FAA to provide an opportunity for public notice and comment prior to
the ``waiver'' or ``modification'' of a sponsor's Federal obligation to
use certain airport land for non-aeronautical purposes.

DATES: Comments are due on or before October 3, 2022.

ADDRESSES: Documents are available for review at Melbourne
International Airport, and the FAA Airports District Office, 8427
SouthPark Circle, Suite 524, Orlando, FL 32819. Written comments on the
Sponsor's request must be delivered or mailed to: Marisol Elliott,
Community Planner, Orlando Airports District Office, 8427 SouthPark
Circle, Suite 524, Orlando, FL 32819.

FOR FURTHER INFORMATION CONTACT: Marisol Elliott, Community Planner,
Orlando Airports District Office, 8427

SouthPark Circle, Suite 524, Orlando, FL 32819,<PHONE_NUMBER>.
    Revision Date: August 23, 2022.

Bartholomew Vernace,
Manager, Orlando Airports District Office, Southern Region.
[FR Doc. 2022-18940 Filed 8-31-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 16, 2008 (Volume 73, Number 74)]
[Notices]
[Page 20638-20640]
[DOCID:fr16ap08-53]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0402; FRL-8359-6]

Pentachlorophenol Revised Risk Assessments; Notice of
Availability and Solicitation of Risk Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's revised risk
assessments for the restricted use antimicrobial pesticide
pentachlorophenol (PCP) and its micro-contaminants, dioxin/furan (CDDs/
CDFs) and hexachlorobenzene (HCB). In addition, this notice solicits
public comment on risk reduction options for PCP and its micro-
contaminants CDDs/CDFs and HCB, and an initial impacts and/or
preliminary benefits assessment (Phase 5 of 6-Phase Process). The
public is encouraged to suggest risk management ideas or proposals to
address the risks identified. EPA is developing a Reregistration
Eligibility Decision (RED) for PCP through the full, 6-Phase public
participation process that the Agency uses to involve the public in
developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

DATES: Comments must be received on or before June 16, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0402, 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's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2004-

0402. 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 in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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 (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Sherrie Kinard, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address: kinard.sherrie @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

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

II. Background

A. What Action is the Agency Taking?

    EPA is making available the Agency's revised risk assessments,
initially issued for comment through a Federal Register notice
published on March 30, 2005 (70 FR 16276) (FRL-7707-1 ); a response to
comments; and related documents for pentachlorophenol. EPA also is
soliciting public comment on potential risk reduction options for
pentachlorophenol, and a preliminary benefits assessment for identified
risks of concern. EPA developed the risk assessments for
pentachlorophenol and its micro-contaminants, dioxins/furans and HCB,
as part of its public process for making pesticide reregistration
eligibility and tolerance reassessment decisions. Through these
programs, EPA is ensuring that pesticides meet current standards under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).
    Pentachlorophenol is a general biocide which is used extensively in
the United States (as is its salt, sodium pentachlorophenate or NaPCP)
as a wood preservative. The production of pentachlorophenol for wood
preserving began on an experimental basis in the 1930s. In 1947, nearly
7 million pounds of PCP were reported to have been used in the United
States by the commercial wood preserving industry. Pentachlorophenol
was one of the most widely used biocides in the United States prior to
regulatory actions to cancel and restrict certain non-wood preservative
uses in 1987. Prior to the 1987 Federal Register Notice (Vol. 52, No.
13) which cancelled and restricted certain non-wood uses of
pentachlorophenol, it was registered for use as a herbicide, defoliant,
mossicide, and as a disinfectant. The 1987 notice also specified
maximum allowable amounts of HCB and dioxins/furans that

could be present in formulations of pentachlorophenol.
    Indoor applications of pentachlorophenol are prohibited in
accordance with the restrictions indicated in the U.S.EPA Position
Document 4 for Wood Preservative Pesticides: Creosote,
Pentachlorophenol and Inorganic Arsenicals (1984, amended 1986). The
use of pentachlorophenol to treat wood intended for use in interiors is
prohibited, except for a few low exposure uses (i.e., those support
structures which are in contact with the soil in barns, stables, and
similar sites and are subject to decay or insect infestation).
    Pentachlorophenol is a restricted use pesticide for sale and use by
certified applicators only. There are currently eight active products
registered that contain pentachlorophenol (Chemical Code 063001). There
are approximately 60 million utility-owned wood poles and 54 million
crossarms in service across the United States that have been treated
with wood preservatives (mainly pentaclorophenol and creosote).
Approximately 36 million of the wood poles in service have been treated
with pentachlorophenol, and approximately 96% of the crossarms in
service were treated. An estimated 3% of the treated poles are replaced
annually with freshly treated poles.
    EPA is providing an opportunity, through this notice, for
interested parties to provide risk management proposals or otherwise
comment on risk management for pentachlorophenol and its micro-
contaminants. Risks of concern associated with the use of
pentachlorophenol are long-term dermal non-cancer risks for the
pressure treatment operator mixing/loading/applying the liquid
formulations and for the pressure treatment assistant mixing/loading/
applying the liquid and the crystalline formulations. Dermal non-cancer
risks of concern range from a MOE of 79 to a MOE of 230 with the target
MOE of 300. Estimated cancer risks for handlers are of concern for the
same 3 scenarios with cancer risks ranging from 4.9E\-\4 to
7.9E\-\5. Estimated cancer risks resulting from exposure to
pentachlorophenols micro-contaminants dioxins/furans exceed the level
of concern for the pressure treatment loader operator, pressure
treatment test borer, general helpers, and electrical utility linemen.
Cancer risks of concern range from 3.0E\-\5 to 8.0E\-
\5 for these scenarios. In targeting these risks of concern,
the Agency is soliciting information on effective and practical risk
reduction measures.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, pentachlorophenol is being
reviewed through the full 6-Phase public participation process.
    All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments and
proposals will become part of the Agency Docket for pentachlorophenol.
Comments received after the close of the comment period will be marked
``late''. EPA is not required to consider these late comments.
    After considering comments received, EPA will develop and issue the
pentachlorophenol RED.

 B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests, Antimicrobials,
Pentachlorophenol, Penta.

    Dated: April 8, 2008.
Frank Sanders,
Director, Antimicrobial Division, Office of Pesticide Programs.
[FR Doc. E8-8174 Filed 4-15-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13105-13107]
[FR Doc No: 2013-04350]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68950; File No. SR-BX-2013-014]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
a Pricing Clarification

February 19, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 7, 2013, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to add references to certain terms in Chapter
XV, entitled ``Options Pricing.'' The Exchange also proposes to make a
technical amendment to Section 2 entitled ``BX Options Market--Fees and
Rebates.''
    The text of the proposed rule change is also available on the
Exchange's Web site at http://nasdaqomxbx.cchwallstreet.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 aspects of such
statements.

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

1. Purpose
    The purpose of this filing is to add certain references to Chapter
XV in order to provide greater clarity to the terms used throughout
this Chapter for the purpose of assessing fees and paying rebates.
    Specifically, the Exchange proposes to add the terms ``Customer,''
``BX Options Market Maker,'' ``Non-BX Options Market Maker,'' ``Firm,''
``Professional,'' and ``Broker-Dealer'' to Chapter XV to provide
guidance on how the Exchange applies the fees and rebates in Chapter XV
to these categories of market participants. The Exchange proposes to
state that the term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer range
at The Options Clearing Corporation (``OCC'') which is not for the
account of a broker or dealer or for the account of a ``Professional''
(as that term is defined in Chapter I, Section 1(a)(48)). The Exchange
proposes to state that the term ``BX Options Market Maker'' or (``M'')
is a Participant that has registered as a Market Maker on BX Options
pursuant

to Chapter VII, Section 2, and must also remain in good standing
pursuant to Chapter VII, Section 4. In order to receive BX Options
Market Maker pricing in all securities, the Participant must be
registered as a BX Options Market Maker in at least one security. The
Exchange proposes to state that the term ``Non-BX Options Market
Maker'' or (``O'') is a registered market maker on another options
exchange that is not a BX Options Market Maker. A Non-BX Options Market
Maker must append the proper Non-BX Options Market Maker designation to
orders routed to BX Options. The Exchange proposes to state that the
term ``Firm'' or (``F'') applies to any transaction that is identified
by a BX Options Participant for clearing in the Firm range at OCC. The
Exchange proposes to state that the term ``Professional'' or (``P'')
means any person or entity that (i) is not a broker or dealer in
securities, and (ii) places more than 390 orders in listed options per
day on average during a calendar month for its own beneficial
account(s) pursuant to Chapter I, Section 1(a)(48). All Professional
orders shall be appropriately marked by BX Options Participants.
Finally, the Exchange proposes to state that the term ``Broker-Dealer''
or (``B'') applies to any transaction which is not subject to any of
the other transaction fees applicable within a particular category. The
order capacity codes, ``C,'' ``M,'' ``O,'' ``F,'' ``P,'' and ``B'' are
codes that have been established by the Exchange related to the order
entry ports using the Financial Information Exchange (``FIX'')
protocol.
    The Exchange also proposes to define the terms ``adding liquidity''
and ``removing liquidity'' for purposes of Chapter XV, Section 2(1)
pricing. Specifically, the Exchange proposes to state that ``[w]ith
respect to Chapter XV, Sections 2(1) and (2), the order that is
received by the trading system first in time shall be considered an
order adding liquidity and an order that trades against that order
shall be considered an order removing liquidity.'' The Exchange
believes that specifying which orders are considered adding and which
orders are considered removing liquidity would further clarify BX
Options' pricing. The Exchange also proposes to remove Section 2(3) of
Chapter XV, which is currently reserved, and renumber Section 2(4) as
Section 2(3).
2. Statutory Basis
    BX believes that its proposal to amend Chapter XV of the Rules to
add references to various terms is consistent with Section 6(b) of the
Act \3\ in general, and furthers the objectives of Section 6(b)(5) of
the Act \4\ in particular. The Exchange's proposal to clarify its
pricing is intended to provide additional guidance to market
participants with respect to the application of fees and rebates in
Chapter XV, similar to other options exchanges.\5\ Further, the
Exchange also proposes to provide clarification regarding the manner in
which the Exchange applies fee and rebates for adding and removing. The
Exchange believes the addition of these references will provide
additional transparency to Chapter XV of the Exchange's Rules.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4) and (5) [sic].
    \5\ See NASDAQ OMX PHLX LLC's Pricing Schedule. See also the
International Securities Exchange, LLC's Fee Schedule.
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    The Exchange does not believe that there is confusion among market
participants with respect to the terms described herein, but rather
that the addition of these terms to Chapter XV would serve to provide
transparency and guidance to the benefit of all market participants.
The Exchange believes that the proposal is consistent with Section
6(b)(5) in that it is designed to promote just and equitable principles
of trade, 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, by clarifying what fees and
rebate in Chapter XV apply to certain transactions and market
participants.
    The Exchange is not amending the manner in which it applies pricing
to various Participants. The proposed terms merely codify the manner in
which the Exchange assesses fees and pays rebates today. Similarly, the
manner in which fees and rebates for adding and removing liquidity are
applied is not changing but merely codified by the addition of the
terms to Chapter XV.
    The Exchange's renumbering of Section 2(4) is merely a technical
amendment to the pricing.

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

    BX does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. The Exchange is merely filing this
clarification to specify how certain fees and rebates in Chapter XV are
applied to market participants. The Exchange believes that this
clarification will provide greater transparency to market participants.
The Exchange does not believe that this amendment creates intramarket
competition among Participants as it is applied uniformly to all
Participants. The Exchange believes that clarifying the applicability
of certain fees and rebates for adding and removing liquidity within
the Pricing Schedule provides market participants clear guidance.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \7\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved. The Exchange has
provided the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date of
filing of the proposed rule change

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-BX-2013-014 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-BX-2013-014. 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 such filing also will be available
for inspection and copying at the principal office 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-BX-2013-014, and should be
submitted on or before March 19, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-04350 Filed 2-25-13; 8:45 am]
BILLING CODE 8011-01-P