APPENDIX A STANDARD FORMULAS USED FOR CALCULATING OCCUPATIONAL AND RESIDENTIAL EXPOSURES TO 2,4 D Appendix A  Page 2 A. Introduction This document is a summary of the formulas used to calculate occupational and residential exposures to 2,4 D. These formulas and a basic description of how they are used were taken from References A through F. These references also contain more detailed information on the rationale behind these formulas. Only those formulas that are pertinent to 2,4 D exposures are discussed in this document.

B. Occupational Handler/ Applicator Exposures The basic rationale for these formulas is that the daily exposure is the product of the amount of active ingredient ( a. i.) handled per day times a unit exposure value. The amount of ai handled per day is the product of the application rate times the area treated. For example, if 2.0 lb/ acre of 2,4 D were applied to 200 acres in one day, the amount of 2,4 D handled that day would be 400 lbs. The unit exposure value is the amount of exposure that results from handling a given amount of active ingredient by a certain method while using certain PPE. For example, the dermal unit exposure value for open mixing and loading of liquids with only minimal PPE is 2.9 mg per pound of ai handled. In this example, the daily exposure would be 400 lbs ai handled times 2.9 mg unit exposure per pound of ai handled which equals 1160 mg per day. The daily absorbed dose ( mg/ kg BW) is calculated from the exposure by multiplying the exposures times an absorption factor ( 0.058) and dividing the result by the body weight ( 60 kg). In this example the daily dose would be ( 1160 mg/ day * 0.058)/ 60 kg which would equal 1.12 mg/ kg/ day.

Daily dermal exposure is calculated:

Daily dermal exposure = Unit exposure x Application rate x Area Treated ( mg/ day) ( mg/ lb ai) ( lb ai/ acre) ( acres/ day)

Where:

Unit exposure = normalized exposure value ( mg exposure per pound ai handled) derived from chemical specific study data or from the PHED Surrogate Exposure Table in Reference A. Application rate = normalized application rate based on a logical unit treatment such as acres, a maximum value is generally used ( lb ai/ acre); and Area treated = normalized application area such as acres/ day.

[ Note: ( lb ai/ acre) and ( A/ day) are replaced, respectively, with ( lb ai/ gal) and ( gal/ day) when appropriate]

Daily inhalation unit exposure values were calculated for inclusion into the PHED surrogate exposure tables and presented as (

g/ lb ai) based on a human inhalation rate of 29 L/ minute and an 8 hour working day. Appendix A  Page 3 Daily inhalation exposure is calculated:

Daily inhalation exposure = [ Unit exposure x Application rate x Area Treated] / Conversion Factor ( mg/ kg/ day) ( 1 mg/ 1000 ug)

Where:

Unit exposure = normalized exposure value (

g/ lb ai handled) derived from study data or PHED; Application rate = same as for dermal exposure ( lb ai/ acre); and Daily treatment = same as for dermal exposure ( acres/ day).

Absorbed daily dermal and inhalation doses are then calculated by adjusting for dermal and inhalation absorption and normalizing by body weight. A body weight of 60 kg ( adult female body weight) was used for short term exposure because the effects observed in the short term toxicological study were of concern for females 13 50 years of age. A body weight of 70 kg was used for intermediate term exposures because the effects were not gender specific.

Absorbed Daily Dose is calculated:

Absorbed daily dermal or inhalation dose = ( Daily dermal or inhalation exposure x absorption factor) / body weight ( mg/ kg/ day) ( mg/ day) ( unitless) ( kg)

[ Note: an absorption factor of 0.058 was used for dermal exposures and 1.0 for inhalation exposures.]

Because 2,4 D exposures from the dermal and inhalation routes have the same toxicological effects, a combined absorbed daily dose can be calculated. Once the combined absorbed daily doses are calculated, the combined Margins of Exposure ( MOEs) can be calculated.

Combined Absorbed Daily Dose is calculated:

Combined Dose ( mg/ kg/ day) = Absorbed dermal dose ( mg/ kg/ day) + Absorbed inhalation dose ( mg/ kg/ day)

Combined Margin of Exposure is calculated:

Combined MOE ( unitless) = NOAEL ( mg/ kg/ day) / Combined Dose ( mg/ kg/ day)

The target MOEs are 100 for occupational handlers. Scenarios with MOEs greater than the target MOEs do not exceed the Agency's level of concern for the occupational population. Appendix A  Page 4 C. Residential Handler Exposures Residential handler exposures are calculated in the same manner as described above for occupational handlers, however, there are a few differences in the assumptions used. These differences are described in References B and C and include the following:

* Clothing consists of short sleeved shirt and short pants. * PPE such as chemical resistant gloves and respirators are not worn. * The areas treated are much smaller.

D. Post Application Occupational Exposures The formulas used to estimate daily dermal dose and the MOE for the dermal postapplication scenarios are similar to those described above for the handler/ applicator scenarios. The only major difference is that the daily dermal exposure is calculated by multiplying the dislodge able foliar residue level ( ug/ cm2 of leaf area) times a transfer coefficient ( amount of leaf area contacted per hour for a given activity). Inhalation exposures are not calculated for the postapplication scenarios because inhalation exposures have been shown to account for a negligible percentage of the overall body burden. This is particularly true for 2,4 D which has a very low vapor pressure.

The following equation taken from Reference D is used to calculate dermal doses for 2,4 D on each post application exposure day after application.

Post Application Dermal Exposure is calculated:

Dermal exposure ( mg/ day) = ( DFR at day t) x CF1 x TC x DA x # hours/ day )

Where:

DFR = dislodgeable foliar residue ( ug/ cm2) at day ( t) after application CF1 = conversion factor to convert DFR value in ug/ cm2 to mg/ cm2 TC = transfer coefficient ( cm2/ hour) DA = dermal absorption factor = 0.058 for 2,4 D Hours/ day = standard assumption is 8 hours exposure per day Once the post application dermal exposure are calculated, the dermal dose and MOEs are calculated in the similar manner as described for handlers. The single difference is that only the dermal route of exposure is considered. The target MOE is 100 for occupational exposures. Appendix A  Page 5 Absorbed Daily Dose is calculated:

Absorbed daily dose ( mg/ kg/ day) = ( daily dermal exposure ( mg/ day) x dermal absorption factor) / BW ( kg)

[ Note: an absorption factor of 0.058 was used for dermal exposures Margin of Exposure is calculated:

MOE ( unitless) = NOAEL ( mg/ kg/ day) / Absorbed Daily Dose ( mg/ kg/ day)

E. Residential Post Application Exposure on Treated Turf The SOPs For Residential Exposure Assessment ( Reference B) define several pathways that apply to post application exposure on treated turf. The SOPs and the associated pathways are presented below:

 Dose from dermal exposure on treated turf calculated using SOP 2.2: Postapplication dermal dose among toddlers from playing on treated turf, adults working on treated turf and adults playing golf on treated turf;

 Dose from hand to mouth activity from treated turf calculated using SOP 2.3.2: Postapplication dose among toddlers from incidental non dietary ingestion of pesticide residues on treated turf from hand to mouth transfer ( i. e., those residues that end up in the mouth from a child touching turf and then putting their hands in their mouth);

 Dose from object to mouth activity from treated turf calculated using SOP 2.3.3: Postapplication dose among toddlers from incidental non dietary ingestion of pesticide residues on treated turf from object to mouth transfer ( i. e., those residues that end up in the mouth from a child mouthing a handful of treated turf); and  Dose from soil ingestion activity from treated turf calculated using SOP 2.3.4: Postapplication dose among toddlers from incidental non dietary ingestion of pesticide residues from ingesting soil in a treated turf area ( i. e., those soil residues that end up in the mouth from a child touching treated soil and turf then putting their hands in their mouth).

Exposures were calculated by considering the potential sources of exposure ( i. e., TTRs on lawns) then calculating dermal exposure, and risks in the same manner as described for the occupational post application risk assessments.

The other aspects of the turf exposure scenario involves calculating dose from non dietary ingestion that arises from the hand to mouth, object to mouth and soil ingestion pathways. The algorithms used for each type of calculation are presented below. Appendix A  Page 6 Dermal Exposure from Treated Turf Dermal exposure from treated turf is calculated using the following formula ( SOP 2.2):

Dermal exposure ( mg/ day) = ( TTR at day t) x CF1 x TC x conversion factor x # hours/ day)

Where:

TTR = transferable turf residue ( ug/ cm2) at day ( t) after application CF1 = conversion factor to convert TTR value in ug/ cm2 to mg/ cm2 TC = transfer coefficient ( cm2/ hour) DA = dermal absorption factor = 0.058 for 2,4 D Hours/ day = standard assumption is 2 to 4 hours of exposure per day depending upon the activity In the case of 2,4 D the TTR data were taken from submitted studies which used the ORETF roller, therefore, the TTR values could be used directly as discussed in Reference B. The transfer coefficients are 500 cm2/ hour for golfing, 5200 cm2/ hour for toddlers playing on treated turf and 14,500 cm2/ hour for adults performing heavy yardwork. An exposure duration of 2 hours per day is used for toddlers playing on treated turf and for adults performing heavy yardwork. An exposure duration of 4 hours per day is used for golfing.

The formula for calculating the dissipation rate when TTR data are available is as follows:

TTRt = TTRi* e kt where:

TTRt = TTR at time t after application TTRi = TTR initially after application ( i. e. at Day 0) e = 2.718 k = Slope of the regression of the ln transformed TTR values vs time t = Dissipation time after application ( days)

Exposures from Hand to Mouth Behavior on Treated Turf:

The following formula illustrates the approach used to calculate the non dietary ingestion exposures that are attributable to hand to mouth behavior on treated turf ( SOP 2.3.2).

PDR = TTR * ( SE/ 100) * SA * Freq * Hours * ( 1 mg/ 1000 ug) where:

PDR = potential dose rate from hand to mouth activity ( mg/ day); TTR = Turf Transferable Residue where dissipation is based on TTR study and the 0 day value is based on the 5% initial transferability factor (

g/ cm2); SE = saliva extraction factor ( 50%); SA = surface area of the hands ( 20 cm2); Freq = frequency of hand to mouth events ( 20 events/ hour); and Appendix A  Page 7 Hours = exposure duration ( 2 hours).

When used for hand to mouth exposures, the TTR value is based upon the default assumption of 5 percent of the application rate and not the TTR study because the TTR studies do not account for " the sticky hand effect" as discussed in Reference C. The TTR study data are used, however, to determine the dissipation rate.

The formula for calculating the TTR value on Day 0 is given below:

TTR = Application Rate * F * CF1 * CF2 * CF3 Where: Application Rate = lbs ai/ acre F = fraction of applied ai that is available for hand to mouth exposure ( 5 percent) CF1 = 1.0 lb ai/ acre equals 2.3 x 10 5 lbs ai per ft2 CF2 = 4.54 x 108 ug/ lb CF3 = 0.00108 ft2/ cm2 Note: CF1 * CF2 * CF3 = 11.23 Exposures from Object to Mouth Behaviors on Treated Turf The following formula illustrates the approach used to calculate exposures that are attributable to object to mouth behavior on treated turf that is represented by a child mouthing on a handful of turf ( SOP 2.3.3):

PDR = TTR * IGR * ( 1mg/ 1000ug) where: PDR = potential dose rate from mouthing activity ( mg/ day); TTR = Turf Transferable Residue where dissipation is based on TTR study and the 0 day value is based on the 20% initial transferability factor (

g/ cm2); and IgR = ingestion rate for mouthing of grass per day ( 25 cm2/ day).

When used for object to mouth exposures, the TTR value is based upon the default assumption of 20 percent of the application rate and not the TTR study because the TTR studies do not account for " saliva washing effect" as discussed in Reference C. The TTR study is used, however, to determine the dissipation rate.

Exposures from Soil Ingestion on Treated Turf The following formula illustrates the approach used to calculate exposures that are attributable to soil ingestion ( SOP 2.3.4): Appendix A  Page 8 PDR = SR * IgR * ( 0.000001 gm/ 1 ug) Where: PDR = dose from soil ingestion activity ( mg/ day) SR = Soil Residue where dissipation is based on TTR study and the 0 day value is based on the application rate, 1 cm depth of surface soil, and the density of soil (

g/ cm3) IgR = ingestion rate for daily soil ingestion ( mg/ day)

MOE Calculations for Each Pathway The MOEs are calculated for each individual pathway using the MOE formula:

MOE ( unitless) = NOAEL / ( Dose / BW)

where NOAEL = mg/ kg/ day Dose = mg/ day BW = 15 kg ( toddlers) and 60 kg ( adults)

MOEs Calculations for All of the Pathways Combined When assessing adult exposures only the dermal pathway is considered and when assessing toddler exposures all of the pathways are considered. The doses from the four pathways are combined as shown below to yield a total dose:

Total Dose = ( Dermal Dose + Hand to Mouth Dose + Object to Mouth Dose + Soil Ingestion Dose)/ BW Where: Dose = mg/ kg/ day BW = 15 kg for toddlers The total dose is then used to calculate an MOE as shown above.

F. Swimmer Exposures The swimmer exposures were calculated using dermal and ingestion formulas taken from the SWIMODEL ( version 2.0 of November 20, 2001) which is discussed in the residential SOPs.

Dermal Exposures of Recreational Swimmers The formula for dermal exposure of recreational swimmers is as follows: Appendix A  Page 9 ADR = Cw * SA * ET * Kp * ( 1 liter/ 1000 cm3)

where:

ADR = absorbed dose rate Cw = concentration of ae in lake water ET = exposure time ( hours per day) SA = surface area of the body ( cm2) Kp = permeability coefficient ( cm/ hr)

The formula for dermal dose is as follows:

Dose = ADR/ BW where:

Dose = absorbed dose in mg/ kg/ day BW = body weight ( 22 kg for children and 60 kg for adults)

Ingestion Exposures of Recreation Swimmers The formula for ingestion exposure is as follows:

PDR = Cw * IgR * ET where: PDR = potential dose rate Cw = concentration of ae in lake water IgR = ingestion rate of lake water ET = exposure time ( hours/ day)

MOE Calculations for Each Pathway The MOEs are calculated for each individual pathway using the same MOE formula as described above for the other exposure scenarios.

MOE ( unitless) = NOAEL / Dose where NOAEL = mg/ kg/ day Dose = mg/ kg/ day Appendix A  Page 10 MOEs Calculations for All of the Pathways Combined When assessing swimmer exposures the dermal and ingestion pathways are considered for both adults and children. The dose from the dermal and ingestion pathways are combined as shown below to yield a total dose:

Total Dose = ( dermal dose + ingestion dose)

The total dose is then used to calculate an MOE as shown above. Appendix A  Page 11 References ( A) PHED Surrogate Exposure Guide, V1.1. Health Effects Division, Office of Pesticide Program. August, 1998.

( B) Standard Operating Procedures for Residential Exposure Assessments. U. S. EPA. December 18, 1997.

( C) ExpoSAC SOP # 12 " Recommended Revisions to the Standard Operating Procedures ( SOPs) for Residential Exposure Assessments. February 22, 2001 ( D) Series 875  Occupational and Residential Exposure Test Guidelines, Group B  Post Application Exposure Monitoring Test Guidelines. U. S. EPA. February 10, 1998.

( E) Overview of Issues Related to the Standard Operating Procedures for Residential Exposure Assessment, Presented to the FIFRA Scientific Advisory Panel on September 1999 ( F) Dang, W. ( 1996) The swimmer exposure assessment model ( SWIMODEL) and its use in estimating risks of chemical use in swimming pools. EPA internal guidance document.


[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29962-29963]
[FR Doc No: 2017-13704]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81019; File No. SR-MIAX-2017-29]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule

June 26, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 19, 2017, Miami International Securities Exchange LLC (``MIAX
Options'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/rule-filings, at MIAX's
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the list of MIAX Select Symbols \3\
contained in the Priority Customer Rebate Program (the ``Program'') \4\
of the Exchange's Fee Schedule to delete the option class ``YHOO''
associated with Yahoo! Inc. (``Yahoo!''). The Exchange initially
created the list of MIAX Select Symbols on March 1, 2014,\5\ and has
added and removed option classes from that list since that time.\6\ On
June 13, 2017, Yahoo completed the sale of its operating business to
Verizon Communications Inc. Subsequently, Yahoo! was renamed Altaba
Inc. (``Altaba''), and, effective June 19, 2017, began trading under
the ticker symbol ``AABA.'' Because Altaba's assets consist primarily
of equity investments, short-term debt investments, and cash, it was
required to register as an investment company under the Investment
Company Act of 1940. The completion of the sale of the operating
business to Verizon did not otherwise affect shares of Yahoo! common
stock, which now represent shares of common stock of Altaba after it
registered as an investment company and changed its name to Altaba.\7\
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    \3\ The term ``MIAX Select Symbols'' means options overlying
AAL, AAPL, AIG, AMAT, AMD, AMZN, BA, BABA, BBRY, BIDU, BP, C, CAT,
CBS, CELG, CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE, GILD, GLD, GM,
GOOGL, GPRO, HAL, HTZ, INTC, IWM, JCP, JNJ, JPM, KMI, KO, MO, MRK,
NFLX, NOK, NQ, ORCL, PBR, PFE, PG, QCOM, QQQ, RIG, S, SPY, SUNE, T,
TSLA, USO, VALE, VXX, WBA, WFC, WMB, WY, X, XHB, XLE, XLF, XLP, XOM,
XOP and YHOO.
    \4\ See section (1)(a)(iii) of the Fee Schedule for a complete
description of the Program.
    \5\ See Securities Exchange Act Release No. 71700 (March 12,
2014), 79 FR 15188 (March 18, 2014) (SR-MIAX-2014-13).
    \6\ See Securities Exchange Act Release Nos. 79301 (November 14,
2016), 81 FR 81854 (November 18, 2016) (SR-MIAX-2016-42);
74291(February 18, 2015), 80 FR 9841 (February 24, 2015) (SR-MIAX-
2015-09); 74288 (February 18, 2015), 80 FR 9837 (February 24, 2015)
(SR-MIAX-2015-08); 73328 (October 9, 2014), 79 FR 62230 (October 16,
2014) (SR-MIAX-2014-50); 72567 (July 8, 2014), 79 FR 40818 (July 14,
2014) (SR-MIAX-2014-34); 72356 (June 10, 2014), 79 FR 34384 (June
16, 2014) (SR-MIAX-2014-26); 71700 (March 12, 2014), 79 FR 15188
(March 18, 2014) (SR-MIAX-2014-13).
    \7\ See the home page of the Altaba Web site located at: https://www.altaba.com/.
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    The Exchange has decided not to include Altaba in the list of MIAX
Select Symbols. Thus, the Exchange is amending its Fee Schedule to
delete the symbol YHOO from the list of MIAX Select Symbols contained
in the Program to correspond with this change. This amendment is
intended to

eliminate any potential confusion and to make it clear to market
participants that, effective June 19, 2017, Yahoo!/Altaba will not be a
MIAX Select Symbol contained in the Program.
2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule
is consistent with Section 6(b) of the Act \8\ in general, and furthers
the objectives of Section 6(b)(4) of the Act,\9\ in that it is an
equitable allocation of reasonable fees and other charges among
Exchange members and other persons using its facilities, and 6(b)(5) of
the Act,\10\ in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(1) and (b)(5).
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    In particular, the proposal to delete the symbol YHOO from the list
of MIAX Select Symbols contained in the Program is consistent with
Section 6(b)(4) of the Act because the proposed change will allow for
continued benefit to investors by providing them an updated list of
MIAX Select Symbols contained in the Program on the Fee Schedule.
    The Exchange believes that the proposal to amend an option class
that qualifies for the credit for transactions in MIAX Select Symbols
is fair, equitable and not unreasonably discriminatory. The Exchange
believes that the Program itself is reasonably designed because it
incentivizes providers of Priority Customer \11\ order flow to send
that Priority Customer order flow to the Exchange in order to receive a
credit in a manner that enables the Exchange to improve its overall
competitiveness and strengthen its market quality for all market
participants. The Program, which provides increased incentives in high
volume select symbols, is also reasonably designed to increase the
competitiveness of the Exchange with other options exchanges that also
offer increased incentives to higher volume symbols.
---------------------------------------------------------------------------

    \11\ The term ``Priority Customer'' means a person or entity
that (i) is not a broker or dealer in securities, and (ii) does not
place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s). See
Exchange Rule 100.
---------------------------------------------------------------------------

    The Exchange also believes that its proposal is consistent with
Section 6(b)(5) of the Act because it will apply equally to all
Priority Customer orders in MIAX Select Symbols in the Program. All
similarly situated Priority Customer orders in MIAX Select Symbols are
subject to the same rebate schedule, and access to the Exchange is
offered on terms that are not unfairly discriminatory.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is a not a competitive filing but rather is designed to
update the list of MIAX Select Symbols contained in the Program in
order to avoid potential confusion on the part of market participants.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\12\ and Rule 19b-4(f)(2) \13\ thereunder.
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. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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- MIAX-2017-29 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2017-29. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2017-29 and should be
submitted on or before July 21, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13704 Filed 6-29-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Page 55892]
[FR Doc No: 2022-19735]

=======================================================================
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UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act; Meeting

TIME AND DATE: September 15, 2022, 12:00 p.m. to 2:00 p.m., Eastern
time.

PLACE: This meeting will be accessible via conference call and via Zoom
Meeting and Screenshare. Any interested person may call (i) 1-929-205-
6099 (US Toll) or 1-669-900-6833 (US Toll) or (ii) 1-877-853-5247 (US
Toll Free) or 1-888-788-0099 (US Toll Free), Meeting ID: 972 2434 0076,
to listen and participate in this meeting. The website to participate
via Zoom Meeting and Screenshare is https://kellen.zoom.us/meeting/register/tJMvde2rqjsqHdKLTShpozx2TVrpEqvpG1HG.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan
Education and Training Subcommittee (the ``Subcommittee'') will
continue its work in developing and implementing the Unified Carrier
Registration Plan and Agreement. The subject matter of this meeting
will include:

Proposed Agenda

I. Call to Order--Subcommittee Chair

    The Subcommittee Chair will welcome attendees, call the meeting to
order, call roll for the Subcommittee, confirm whether a quorum is
present, and facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify the publication of the
meeting notice on the UCR website and distribution to the UCR contact
list via email followed by the subsequent publication of the notice in
the Federal Register.

III. Review and Approval of Subcommittee Agenda and Setting of Ground
Rules--Subcommittee Chair

For Discussion and Possible Subcommittee Action

    The Subcommittee Agenda will be reviewed and the Subcommittee will
consider adoption.
Ground Rules
    [rtarr8] Subcommittee action only to be taken in designated areas
on agenda.

IV. Review and Approval of Subcommittee Minutes From the August 18,
2022 Subcommittee Meeting--Subcommittee Chair

For Discussion and Possible Subcommittee Action

    Draft minutes from the August 18, 2022, Subcommittee meeting via
teleconference will be reviewed. The Subcommittee will consider action
to approve.

V. Roadside Enforcement Module Video Update--Subcommittee Chair

    The Subcommittee Chair will provide a final update on the Roadside
Enforcement Module that describes the steps a roadside law enforcement
officer would use to enforce UCR.

VI. UCR Education and E-Certificate Strategy--Subcommittee Chair

    The Subcommittee Chair will discuss the UCR E-Certificate and
assign Audit Module II videos to Subcommittee members.

VII. UCR Volunteer Training Module--UCR Chief Staff Executive

    The UCR Chief Staff Executive will discuss the UCR Volunteer
Training Module.

VIII. Other Business--Subcommittee Chair

    The Subcommittee Chair will call for any other items Subcommittee
members would like to discuss.

IX. Adjournment--Subcommittee Chair

    The Subcommittee Chair will adjourn the meeting.
    The agenda will be available no later than 5:00 p.m. Eastern time,
September 7, 2022 at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
[email protected].

Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2022-19735 Filed 9-8-22; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10400-10405]
[FR Doc No: 2023-03332]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96902; File No. SR-NYSEAMER-2023-11]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Amend Rule 903

February 13, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on February 6, 2023, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 903 (Series of Options Open for
Trading) and Rule 903, Commentary .10 regarding the Short Term Option
Series Program. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 903 (Series of Options Open for
Trading) and Rule 903 Commentary .10. (hereinafter, ``Commentary
.10''). Specifically, the Exchange proposes to amend the Short Term
Option Series Program to: (1) limit the number of Short Term Option
Expiration Dates for options on SPDR S&P 500 ETF Trust (SPY), the
INVESCO QQQ TrustSM, Series 1 (QQQ), and iShares Russell 2000 ETF (IWM)
from five to two expirations for Monday and Wednesday expirations; and
(2) expand the Short Term Option Series program to permit the listing
and trading of options series with Tuesday and Thursday expirations for
options on SPY and QQQ listed pursuant to the Short Term Option Series
Program, subject to the same proposed limitation of two expirations.
This is a competitive filing and is substantially identical to a rule
recently approved on Nasdaq ISE, LLC (``Nasdaq ISE'').\4\
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    \4\ See Securities and Exchange Act Release No. 96281 (November
9, 2022), 87 FR 68769 (November 16, 2022) (SR-ISE- 2022-18) (``ISE
Approval Order'').
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Curtail Short Term Option Expiration Dates
    Currently, per Rule 903(h), after an option class has been approved
for listing and trading on the Exchange, the Exchange may open for
trading on any Thursday or Friday that is a business day (``Short Term
Option Opening Date'') series of options on that class that expire at
the close of business on each of the next five Fridays that are
business days and are not Fridays on which monthly options series or
Quarterly Options Series expire (hereinafter referred to as ``Short
Term Option Expiration Dates''). In addition, the Exchange may have no
more than a total of five Short Term Option Expiration Dates not
including any Monday or Wednesday SPY, QQQ, and IWM Expirations.
Further, if the Exchange is not open for business on the respective
Thursday or Friday, the Short Term Option Opening Date will be the
first business day immediately prior to that respective Thursday or
Friday. Similarly, if the Exchange is not open for business on a
Friday, the Short Term Option Expiration Date will be the first
business day immediately prior to that Friday.
    Today, per Commentary .10(f), with respect to Wednesday SPY, QQQ,
and IWM Expirations, the Exchange may open for trading on any Tuesday
or Wednesday that is a business day series of options on SPY, QQQ, and
IWM to expire on any Wednesday of the month that is a business day and
is not a Wednesday in which Quarterly Options Series expire
(``Wednesday SPY

Expirations,'' ``Wednesday QQQ Expirations,'' and ``Wednesday IWM
Expirations''). In addition, with respect to Monday SPY, QQQ, and IWM
Expirations, the Exchange may open for trading on any Friday or Monday
that is a business day series of options on the SPY, QQQ, or IWM to
expire on any Monday of the month that is a business day and is not a
Monday in which Quarterly Options Series expire (``Monday SPY
Expirations,'' ``Monday QQQ Expirations,'' and ``Monday IWM
Expirations''), provided that Monday SPY Expirations, Monday QQQ
Expirations, and Monday IWM Expirations that are listed on a Friday
must be listed at least one business week and one business day prior to
the expiration. In addition, the Exchange may list up to five
consecutive Wednesday SPY Expirations, Wednesday QQQ Expirations, and
Wednesday IWM Expirations and five consecutive Monday SPY Expirations,
Monday QQQ Expirations, and Monday IWM Expirations at one time; the
Exchange may have no more than a total of five each of Wednesday SPY
Expirations, Wednesday QQQ Expirations, and Wednesday IWM Expirations
and a total of five each of Monday SPY Expirations, Monday QQQ
Expirations, and Monday IWM Expirations. Monday and Wednesday SPY
Expirations, Monday and Wednesday QQQ Expirations, and Monday and
Wednesday IWM Expirations are subject to Commentary .10(f).
Proposal
    At this time, the Exchange proposes to curtail the number of Short
Term Option Expiration Dates from five to two \5\ for SPY, QQQ and IWM
for Monday and Wednesday Expirations, as well as the proposed Tuesday
and Thursday Expirations in SPY and QQQ, which expirations are set
forth in Commentary .10(f). To effectuate this change, the Exchange
proposes new paragraph (f) (which incorporates current paragraph (f))
as set forth below.\6\
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    \5\ The Exchange proposes to list the two front weeks for Short
Term Options Daily Expirations.
    \6\ See proposed Rule 903, Commentary .10(f).
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    Proposed Commentary .10(f), entitled ``Short Term Option Daily
Expirations'', would limit to two the number of option series in
symbols (set forth in ``Table 1'') that expire at the close of business
beyond the current week for each of the following two Mondays,
Tuesdays, Wednesdays, and Thursdays (collectively, the ``Short Term
Expiration Dates'') as set forth below:
* * * * *

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                       Number of expirations
                     Symbol                      ---------------------------------------------------------------
                                                      Monday          Tuesday        Wednesday       Thursday
----------------------------------------------------------------------------------------------------------------
SPY.............................................               2               2               2               2
IWM.............................................               2               0               2               0
QQQ.............................................               2               2               2               2
----------------------------------------------------------------------------------------------------------------

* * * * *
    As shown above, Table 1 sets forth the number of permissible
expirations for each symbol as well as permissible expiration days.
Specifically, the Exchange proposes to include Monday and Wednesday
expirations for SPY, QQQ, and IWM and Tuesday and Thursday expirations
for SPY and QQQ and list ``2'' as the number of permissible expirations
for these symbols. The Exchange's proposal to permit Tuesday and
Thursday expirations for options on SPY and QQQ listed pursuant to the
Short Term Option Series Program is explained below in more detail. In
the event Short Term Option Daily Expirations expire on the same day in
the same class as a monthly options series or a Quarterly Options
Series, the Exchange would skip that week's listing and instead list
the following week; the two weeks of Short Term Option Expiration Dates
would therefore not be consecutive. To this end, specifically, the
Exchange proposes to state within Commentary .10(f):

    In addition to the above, the Exchange may open for trading
series of options on the symbols provided in Table 1 below that
expire at the close of business on each of the next two Mondays,
Tuesdays, Wednesdays, and Thursdays beyond the current week,
respectively, that are business days and are not business days on
which monthly options series or Quarterly Options Series expire
(``Short Term Option Daily Expirations''). The Exchange may have no
more than a total of two Short Term Option Daily Expirations beyond
the current week for each of Monday, Tuesday, Wednesday, and
Thursday expirations at one time. Short Term Option Daily
Expirations would be subject to this paragraph (f).

    In connection with the foregoing change, the Exchange proposes to
modify Rule 903 (h) to distinguish the expirations set forth in Table 1
from other permissible expirations. Specifically, SPY, QQQ, and IWM
Friday expirations and other option symbols expiring on a Friday (that
are not noted in Table 1) will continue to have a total of five Short
Term Option Expiration Dates, provided those Friday expirations are not
Fridays on which monthly options series or Quarterly Options Series
expire and will be referred to as ``Friday Short Term Option Expiration
Dates''.\7\ In addition, these expirations would be referred to as
``Short Term Option Weekly Expirations'' to distinguish them from the
proposed expirations that would be subject to Table 1 (i.e., Short Term
Option Daily Expirations).\8\
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    \7\ See proposed Commentary .10(a).
    \8\ Id.
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    Finally, proposed Commentary .10(f) would provide that Monday Short
Term Option Expiration Dates, Tuesday Short Term Option Expiration
Dates, Wednesday Short Term Option Expiration Dates, and Thursday Short
Term Option Expiration Dates, together with Friday Short Term Option
Expiration Dates, would collectively refer to ``Short Term Option
Expiration Dates.'' \9\
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    \9\ Defining the term ``Short Term Option Expiration Dates''
will make clear that this term includes expiration dates for each
day Short Term Options are listed.
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Tuesday and Thursday Expirations
    At this time, the Exchange proposes to expand the Short Term Option
Series Program to permit the listing and trading of no more than a
total of two consecutive Tuesday and Thursday expirations (i.e.,
``Tuesday Short Term Option Daily Expirations'' and ``Thursday Short
Term Option Daily Expirations'') beyond the current week each for SPY
and QQQ. Tuesday and Thursday Short Term Option Daily Expirations would
be subject to proposed Commentary .10(f).

    Currently, series listed pursuant to the Short Term Option Series
program are series in an option class that is approved for listing and
trading on the Exchange in which the series opened for trading on any
Monday, Tuesday, Wednesday, Thursday, or Friday (as applicable) that is
a business day and that expires on the Monday, Wednesday, or Friday of
the following business week that is a business day, or, in the case of
a series that is listed on a Friday and expires on a Monday, is listed
one business week and one business day prior to that expiration. If a
Tuesday, Wednesday, Thursday, or Friday is not a business day, the
series may be opened (or will expire) on the first business day
immediately prior to that Tuesday, Wednesday, Thursday, or Friday. For
a series listed for Monday expiration, if a Monday is not a business
day, the series will expire on the first business day immediately
following that Monday.\10\
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    \10\ See Commentary .10(f)
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    Current (and proposed) Commentary .10(f), which sets forth the
requirements for SPY and QQQ options that are listed pursuant to the
Short Term Option Series Program as Short Term Option Daily
Expirations, will be modified to accommodate the listing of options
series that expire on Tuesdays and Thursdays. Similar to Monday and
Wednesday SPY, QQQ, and IWM Short Term Option Daily Expirations, per
current (and proposed) Commentary .10(f), the Exchange proposes that it
may open for trading on any Monday or Tuesday that is a business day
series of options in symbols set forth in Table 1 that expire at the
close of business on each of the next two Tuesdays beyond the current
week that are business days and are not business days in which monthly
options series or Quarterly Options Series expire (``Tuesday Short Term
Option Expiration Date'').\11\
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    \11\ See proposed Commentary .10(f).
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    Likewise, per proposed Commentary .10(f), the Exchange may open for
trading on any Wednesday or Thursday that is a business day series of
options on symbols set forth in Table 1 that expire at the close of
business on each of the next two Thursdays that are business days and
are not business days in which monthly options series or Quarterly
Options Series expire (``Thursday Short Term Option Expiration Date'').
    In the event that options on SPY and QQQ expire on a Tuesday or
Thursday and that Tuesday or Thursday is the same day that a monthly
option series or Quarterly Options Series expires, the Exchange would
skip that week's listing and instead list the following week; the two
weeks would therefore not be consecutive. Today, Monday and Wednesday
Expirations in SPY, QQQ, and IWM skip the weekly listing in the event
the weekly listing expires on the same day in the same class as a
Quarterly Options Series. Currently, there is no rule text provision
that states that Monday and Wednesday Expirations in SPY, QQQ, and IWM
skip the weekly listing in the event the weekly listing expires on the
same day in the same class as a monthly option series. Practically
speaking, Monday and Wednesday Expirations in SPY, QQQ, and IWM would
not expire on the same day as a monthly expiration.
    The interval between strike prices for the proposed Tuesday and
Thursday SPY and QQQ Short Term Option Daily Expirations will be the
same as those for the current Short Term Option Series for Monday,
Wednesday, and Friday expirations applicable to the Short Term Option
Series Program.\12\ Specifically, the Tuesday and Thursday SPY and QQQ
Short Term Option Daily Expirations will have a $0.50 strike interval
minimum.\13\ As is the case with other equity options series listed
pursuant to the Short Term Option Series Program, the Tuesday and
Thursday SPY and QQQ Short Term Option Daily Expiration series will be
P.M.-settled.
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    \12\ See Commentary .10(d).
    \13\ See id.
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    Pursuant to proposed Commentary .10(f), with respect to the Short
Term Option Series Program, a Tuesday or Thursday expiration series
will expire on the first business day immediately prior to that Tuesday
or Thursday, e.g., Monday or Wednesday of that week, respectively, if
the Tuesday or Thursday is not a business day.
    Currently, for each option class eligible for participation in the
Short Term Option Series Program, the Exchange is limited to opening
thirty (30) series for each expiration date for the specific class.\14\
The thirty (30) series restriction does not include series that are
open by other securities exchanges under their respective weekly rules;
the Exchange may list these additional series that are listed by other
options exchanges.\15\ This thirty (30) series restriction would apply
to Tuesday and Thursday SPY and QQQ Short Term Option Daily Expiration
series as well. In addition, the Exchange will be able to list series
that are listed by other exchanges, assuming they file similar rules
with the Commission to list SPY and QQQ options expiring on Tuesdays
and Thursdays with a limit of two Tuesday Short Term Daily Expirations
and two Thursday Short Term Daily Expirations beyond the current week.
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    \14\ See Commentary .10(a).
    \15\ See id.
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    In addition, today, with the exception of Monday and Wednesday SPY
Expirations, Monday and Wednesday QQQ Expirations, and Monday and
Wednesday IWM Expirations, no Short Term Option Series may expire in
the same week in which monthly option series on the same class expire.
With this proposal, Tuesday and Thursday SPY Expirations and Tuesday
and Thursday QQQ Expirations would be treated similarly to existing
Monday and Wednesday SPY, QQQ, and IWM Expirations. Specifically, with
respect to monthly option series, Short Term Option Daily Expirations
will be permitted to expire in the same week in which monthly option
series in the same class expire.\16\ Not listing Short Term Option
Daily Expirations for one week every month because there was a monthly
on that same class on the Friday of that week would create investor
confusion.
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    \16\ See proposed Commentary .10(f).
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    Further, as with Monday and Wednesday SPY, QQQ, and IWM
Expirations, the Exchange would not permit Tuesday and Thursday Short
Term Option Daily Expirations to expire on a business day in which
monthly options series or Quarterly Options Series expire.\17\
Therefore, all Short Term Option Daily Expirations would expire at the
close of business on each of the next two Mondays, Tuesdays,
Wednesdays, and Thursdays, respectively, that are business days and are
not business days on which monthly options series or Quarterly Options
Series expire. The Exchange believes that it is reasonable to not
permit two expirations on the same day in which a monthly options
series or a Quarterly Options Series would expire.
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    \17\ While the Exchange proposes to add rule text within
Commentary .10(f) with respect to Monday Expirations, Tuesday
Expirations, and Wednesday Expirations stating that those
expirations would not expire on business days that are business days
on which monthly options series expire, practically speaking this
would not occur.
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    The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Tuesday and Thursday
Short Term Option Daily Expirations. The Exchange has the necessary
capacity and surveillance programs in place to support and properly
monitor trading in the proposed Tuesday and Thursday Short Term Option
Daily Expirations. The Exchange currently

trades P.M.-settled Short Term Option Series that expire Monday and
Wednesday for SPY, QQQ and IWM and has not experienced any market
disruptions nor issues with capacity. Today, the Exchange has
surveillance programs in place to support and properly monitor trading
in Short Term Option Series that expire Monday and Wednesday for SPY,
QQQ and IWM.
Impact of Proposal
    The Exchange notes that listings in the Short Term Option Series
Program comprise a significant part of the standard listing in options
markets. The below tables sets forth the percentage of weekly listings
as compared to monthly, quarterly, and Long-Term Option Series in 2020
and 2022 in the options industry.\18\ The weekly strikes decreased from
24% to19% in these two years. The Exchange notes that during this
timeframe, all options exchanges mitigated weekly strike intervals.
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    \18\ Nasdaq ISE sourced this information from The Options
Clearing Corporation (``OCC''). The information includes time
averaged data for all 16 options markets up to August 18, 2022. See
ISE Approval Order, supra note 4.

                         Number of Strikes--2020
------------------------------------------------------------------------
                                                            Percent of
                       Expiration                          total series
------------------------------------------------------------------------
Monthly.................................................              59
Weekly..................................................              24
LEAP....................................................              16
Quarterly...............................................               1
------------------------------------------------------------------------

                         Number of Strikes--2022
------------------------------------------------------------------------
                                                            Percent of
                       Expiration                          total series
------------------------------------------------------------------------
Monthly.................................................              64
Weekly..................................................              19
LEAP....................................................              17
Quarterly...............................................               0
------------------------------------------------------------------------

    By limiting the number of Short Term Option Daily Expirations for
SPY, QQQ, and IWM to two expirations for Monday and Wednesday
expirations, and expanding the Short Term Option Series Program to
permit Tuesday and Thursday expirations for SPY and QQQ, the Exchange
anticipates that it would overall reduce the number of weekly
expiration dates. With respect to SPY, the reduction from five to two
expirations will reduce 11.80% of strikes on SPY with Monday and
Wednesday expirations. With respect to QQQ, the reduction from five to
two expirations will reduce 12.86% of strikes on QQQ with Monday and
Wednesday expirations. With respect to IWM, the reduction from five to
two expirations will reduce 11.86% of strikes on IWM with Monday and
Wednesday expirations. Additionally, expanding the Short Term Option
Series Program to permit the listing of Tuesday and Thursday
expirations in SPY and QQQ will account for the addition of 7.86% of
strikes in SPY and the addition of 8.57% of strikes in QQQ. Therefore,
the total net reduction would be 3.94% for SPY and 4.29% for QQQ.\19\
The overall reduction offered by this proposal reduces the number of
Short Term Option Expirations to be listed on the Exchange and should
encourage Market-Makers to continue to deploy capital more efficiently
and improve displayed market quality.\20\ Also, the Exchange's proposal
curtails the number of expirations in SPY, QQQ, and IWM without
reducing the classes of options available for trading on the Exchange.
The Exchange believes that despite the proposed curtailment of
expirations, Trading Permit Holders will continue to be able to expand
hedging tools because all days of the week would be available to permit
Trading Permit Holders to tailor their investment and hedging needs
more effectively in SPY and QQQ.
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    \19\ Nasdaq ISE sourced this information, which are estimates,
from LiveVol[supreg]. The information includes data for all 16
options markets as of August 18, 2022. See id.
    \20\ Market Makers (including Specialists and e-Specialists) are
required to quote a specified time in their assigned options series.
See Rules 925NY and 925.1NY.

                           Total Volume--2022
                           [Through August 18]
------------------------------------------------------------------------
                                                            Percent of
                       Expiration                          total series
------------------------------------------------------------------------
Monthly.................................................              39
Weekly..................................................              48
LEAP....................................................              12
Quarterly...............................................               1
------------------------------------------------------------------------

    Weeklies comprise 48% of the total volume of options listings.\21\
The Exchange believes that inner weeklies represent high volume as
compared to outer weeklies and would be more attractive to market
participants. Similar to SPY, QQQ and IWM Monday and Wednesday
Expirations, the introduction of SPY and QQQ Tuesday and Thursday
expirations will, among other things, expand hedging tools available to
market participants and continue the reduction of the premium cost of
buying protection. The Exchange believes that SPY and QQQ Tuesday and
Thursday expirations will allow market participants to purchase SPY and
QQQ options based on their timing as needed and allow them to tailor
their investment and hedging needs more effectively.
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    \21\ This table sets forth industry volume. Weeklies comprise
48% of volume while only being 19% of the strikes. Nasdaq ISE
sourced this information from OCC. The information includes data for
all 16 options markets as of August 18, 2022. See ISE Approval
Order, supra note 4.
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Implementation
    The Exchange will announce the implementation of this proposal via
Trader Update to be published no later than 60 days following the
effectiveness of this this rule. Notwithstanding this implementation,
Monday and Wednesday Expirations in SPY, QQQ, and IWM that were listed
prior to the date of implementation will continue to be listed on the
Exchange until those options expire pursuant to current Commentary .10
regarding Short Term Option Series.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\22\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \23\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \24\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
    \24\ Id.
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    The proposal is consistent with the Act as the overall reduction
offered by this proposal reduces the number of Short Term Option
Expirations to be listed on the Exchange. This reduction would remove
impediments to and perfect the mechanism of a free and open market by
encouraging Market-Makers to continue to deploy capital more
efficiently and improve displayed market quality.\25\ Also, the
Exchange's

proposal curtails the number of Monday, Tuesday, Wednesday, and
Thursday expirations in SPY, QQQ, and IWM without reducing the classes
of options available for trading on the Exchange. The Exchange believes
that despite the proposed curtailment of expirations, Trading Permit
Holders will continue to be able to expand hedging tools and tailor
their investment and hedging needs more effectively in SPY, QQQ, and
IWM.
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    \25\ Market Makers (including Specialists and e-Specialists) are
required to quote a specified time in their assigned options series.
See Rules 925NY and 925.1NY.
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    Similar to SPY, QQQ, and IWM Monday and Wednesday Expirations
(proposed to be SPY, QQQ and IWM Monday and Wednesday Short Term Daily
Expirations), the introduction of SPY and QQQ Tuesday and Thursday
Short Term Daily Expirations is consistent with the Act as it will,
among other things, expand hedging tools available to market
participants and continue the reduction of the premium cost of buying
protection. The Exchange believes that SPY and QQQ Tuesday and Thursday
expirations (proposed to be SPY and QQQ Tuesday and Thursday Short Term
Daily Expirations) will allow market participants to purchase SPY and
QQQ options based on their timing as needed and allow them to tailor
their investment and hedging needs more effectively. Further, the
proposal to permit Tuesday and Thursday Short Term Daily Expirations
for options on SPY and QQQ listed pursuant to the Short Term Option
Series Program, subject to the proposed limitation of two expirations,
would protect investors and the public interest by providing the
investing public and other market participants more flexibility to
closely tailor their investment and hedging decisions in SPY and QQQ
options, thus allowing them to better manage their risk exposure.
    In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that Tuesday and Thursday SPY
and QQQ Short Term Daily Expirations should simply expand the ability
of investors to hedge risk against market movements stemming from
economic releases or market events that occur throughout the month in
the same way that the Short Term Option Series Program has expanded the
landscape of hedging. Similarly, the Exchange believes Tuesday and
Thursday SPY and QQQ Short Term Daily Expirations should create greater
trading and hedging opportunities and flexibility and will provide
customers with the ability to tailor their investment objectives more
effectively. The Exchange currently lists Monday and Wednesday SPY,
QQQ, and IWM Expirations (proposed to be SPY, QQQ, and IWM Monday and
Wednesday ``Short Term Daily Expirations'').\26\
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    \26\ See Commentary .10(f) and proposed Commentary .10(f).
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    Today, with the exception of Monday and Wednesday SPY Expirations,
Monday and Wednesday QQQ Expirations, and Monday and Wednesday IWM
Expirations, no Short Term Option Series may expire in the same week in
which monthly option series on the same class expire. With this
proposal, Tuesday and Thursday SPY Expirations and Tuesday and Thursday
QQQ Expirations would be treated similarly to existing Monday and
Wednesday SPY, QQQ, and IWM Expirations. The Exchange believes that
permitting Short Term Option Daily Expirations to expire in the same
week that standard monthly options expire on Fridays is consistent with
Act. Not listing Short Term Option Daily Expirations for one week every
month because there was a monthly on that same class on the Friday of
that week would create investor confusion.
    Further, as with Monday and Wednesday SPY, QQQ, and IWM
Expirations, the Exchange would not permit Tuesday and Thursday Short
Term Option Daily Expirations to expire on a business day in which
monthly options series or Quarterly Options Series expire. Therefore,
all Short Term Option Daily Expirations would expire at the close of
business on each of the next two Mondays, Tuesdays, Wednesdays, and
Thursdays, respectively, that are business days and are not business
days in which monthly options series or Quarterly Options Series
expire. The Exchange believes that it is consistent with the Act to not
permit two expirations on the same day in which a monthly options
series or a Quarterly Options Series would expire similar to Monday and
Wednesday SPY, QQQ, and IWM Expirations.
    There are no material differences in the treatment of Wednesday SPY
and QQQ expirations for Short Term Option Series as compared to the
proposed Tuesday and Thursday SPY and QQQ Short Term Daily Expirations.
Given the similarities between Wednesday SPY, QQQ and IWM Expirations
and the proposed Tuesday and Thursday SPY and QQQ Short Term Daily
Expirations, the Exchange believes that applying the provisions in
Commentary .10(f) that currently apply to Wednesday SPY, QQQ and IWM
Expirations to Tuesday and Thursday SPY and QQQ Short Term Daily
Expirations (per proposed Commentary .10(f)) is justified.
    The Exchange further represents that it has an adequate
surveillance program in place to detect manipulative trading in the
proposed Tuesday and Thursday SPY and QQQ Short Term Daily Expirations,
in the same way that it monitors trading in the current Short Term
Option Series and trading in Monday and Wednesday SPY, QQQ, and IWM
Expirations. The Exchange also represents that it has the necessary
systems capacity to support the new options series. Finally, the
Exchange does not believe that any market disruptions will be
encountered with the introduction of Tuesday and Thursday SPY and QQQ
Short Term Daily Expirations.
    Finally, the Exchange notes the proposed rule change is
substantively the same as a rule change proposed by Nasdaq ISE, which
the Commission recently approved.\27\
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    \27\ See ISE Approval Order, supra note 4.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposal will provide an
overall reduction in the number of Short Term Option Expirations to be
listed on the Exchange. The Exchange believes this reduction will not
impose an undue burden on competition, rather, it should encourage
Market-Makers to continue to deploy capital more efficiently and
improve displayed market quality.\28\ Also, the Exchange's proposal
curtails the number of weekly expirations in SPY, QQQ, and IWM without
reducing the classes of options available for trading on the Exchange.
The Exchange believes that despite the proposed curtailment of weekly
expirations, Trading Permit Holders will continue to be able to expand
hedging tools and tailor their investment and hedging needs more
effectively in SPY, QQQ, and IWM.
---------------------------------------------------------------------------

    \28\ Market Makers (including Specialists and e-Specialists) are
required to quote a specified time in their assigned options series.
See Rules 925NY and 925.1NY.
---------------------------------------------------------------------------

    Similar to SPY, QQQ and IWM Monday and Wednesday Expirations, the
Exchange believes the introduction of SPY and QQQ Tuesday and Thursday
Short Term Daily Expirations will not impose an undue burden on
competition. The Exchange believes that it will, among other things,
expand hedging tools available to market participants and continue the
reduction

of the premium cost of buying protection. The Exchange believes that
SPY and QQQ Tuesday and Thursday Short Term Daily Expirations will
allow market participants to purchase SPY and QQQ options based on
their timing as needed and allow them to tailor their investment and
hedging needs more effectively. The Exchange does not believe the
proposal will impose any burden on intermarket competition, as nothing
prevents the other options exchanges from proposing similar rules to
list and trade Short Term Option Series with Tuesday and Thursday Short
Term Daily Expirations. The Exchange notes that having Tuesday and
Thursday SPY and QQQ expirations is not a novel proposal, as Wednesday
SPY, QQQ and IWM Expirations are currently listed on the Exchange.\29\
Additionally, as noted above, the Commission recently approved a
substantively identical proposal of another exchange.\30\ Further, the
Exchange does not believe the proposal will impose any burden on
intramarket competition, as all market participants will be treated in
the same manner under this proposal.
---------------------------------------------------------------------------

    \29\ See Commentary .10(f).
    \30\ See ISE Approval Order, supra note 4.
---------------------------------------------------------------------------

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \31\ and Rule 19b-4(f)(6) thereunder.\32\
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)(iii) of the Act \33\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\34\
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \32\ 17 CFR 240.19b-4(f)(6).
    \33\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \34\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give 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, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \35\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \36\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. The
Commission notes that it recently approved Nasdaq ISE's substantially
similar proposal.\37\ The Exchange has stated that waiver of the 30-day
operative delay will allow the Exchange to implement the proposal at
the same time as its competitor exchanges, thus creating competition
among Short Term Option Series throughout the industry. For these
reasons, the Commission believes that the proposed rule change presents
no novel issues and that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\38\
---------------------------------------------------------------------------

    \35\ 17 CFR 240.19b-4(f)(6).
    \36\ 17 CFR 240.19b-4(f)(6)(iii).
    \37\ See Securities Exchange Act Release No. 96281 (November 9,
2022), 87 FR 68769 (November 11, 2022) (SR-ISE-2022-18).
    \38\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2023-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2023-11. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2023-11 and should be submitted
on or before March 10, 2023.
---------------------------------------------------------------------------

    \39\ 17 CFR 200.30-3(a)(12), (59).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\39\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03332 Filed 2-16-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Notices]
[Page 280]
[FR Doc No: 2011-33721]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-674-000]

Rhode Island Engine Genco LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Rhode Island Engine Genco LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the Applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 17, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 28, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-33721 Filed 1-3-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Proposed Rules]
[Pages 14336-14338]
[FR Doc No: 2019-07060]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0216]
RIN 1625-AA00

Safety Zone; Apra Outer Harbor, Naval Base Guam

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Apra Outer Harbor. This action is necessary
to provide for the safety of life on these navigable waters near
Polaris Point, Guam, during a fireworks display on July 4, 2019. This
proposed rulemaking would prohibit persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Guam
(COTP) or a designated representative. We invite your comments on this
proposed rulemaking.

DATES:  Comments and related material must be received by the Coast
Guard on or before May 10, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0216 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Todd Wheeler, Sector Guam,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Navy Morale, Welfare and Recreation (MWR) will be conducting a
fireworks display between 6 p.m. and 9 p.m. on July 4, 2019. The
fireworks are to be launched from a barge in Apra Outer Harbor,
approximately 300-yards west of Polaris Point, Guam. Hazards from
firework display include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The COTP has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a 190-
yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 190-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 6 p.m. to 9
p.m. on July 4, 2019. The safety zone would cover all navigable waters
within 190 yards of a barge in Apra Outer Harbor located approximately
300 yards west of Polaris Point, Guam. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 6 p.m. to 9 p.m. fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance, it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of the Apra Outer Harbor for 3 hours.
The safety zone will impact a small section of the main channel for
Navy traffic, however Navy traffic will be able to transit around the
area safely. This is also the main traffic area for the Marianas Yacht
Club in Sasa Bay. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it

qualifies and how and to what degree this rule would economically
affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves safety zone lasting no more
than 3 hours that would prohibit entry within 190 yards of a fireworks
barge. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T14-0216 to read as follows:

Sec.  165.T14-0216   Safety Zone; Apra Outer Harbor, Naval Base Guam.

    (a) Location. The following areas, within the Captain of the Port
Guam (COTP) Zone (See 33 CFR 3.70-15), all navigable waters on the
surface and below the surface within 190 yards of the fireworks barge
for the 4th of July celebrations at Polaris Point, Naval Base Guam. The
following position 13 degrees 26 minutes 44.76 seconds N Latitude, 144
degrees 39 minutes 59.16 seconds E Longitude is to be used as a guide
to the location of the barge.
    (b) Effective dates. This section is effective from 6 p.m. through
9 p.m. on July 4, 2019.
    (c) Enforcement. All persons are required to comply with the
general regulations governing safety zones found in Sec.  165.23. Entry
into or remaining in this zone is prohibited unless authorized by the
Coast Guard Captain of the Port Guam. Persons desiring to transit the
area of the safety zone must first request authorization from the
Captain of the Port Guam or his

designated representative. To seek permission to transit the area, the
Captain of the Port Guam and his designated representatives can be
contacted at telephone number<PHONE_NUMBER> or on Marine Band Radio,
VHF-FM channel 16 (156.8 MHz). Any Coast Guard commissioned, warrant,
or petty officer, and any other COTP representative permitted by law,
may enforce this temporary safety zone.
    (d) Waiver. The COTP may waive any of the requirements of this
section for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime security.
    (e) Penalties. Vessels or persons violating this section are
subject to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C.
70052.

    Dated: April 5, 2019.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2019-07060 Filed 4-9-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Page 31353]
[FR Doc No: C1-2014-12072]

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

[Release No. 34-72193; File No. SR-FINRA-2014-006]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Instituting Proceedings To Determine Whether To
Approve or Disapprove a Proposed Rule Change Relating to Per Share
Estimated Valuations for Unlisted DPP and REIT Securities

May 20, 2014.

Correction

    In notice document 2014-12072 appearing on pages 30217-30219 in the
issue of May 27, 2014 make the following correction:
    On page 30219, in the first column, in the first and second line
from the bottom, ``July 11, 2014'' should read ``June 26, 2014''.

[FR Doc. C1-2014-12072 Filed 5-30-14; 8:45 am]
BILLING CODE 1505-01-D