[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32088-32090]
[FR Doc No: 2013-12318]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30900; Amdt. No. 3535]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective May 29, 2013. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 29, 2013.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination--

    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169; or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on May 10, 2013.
John M. Allen
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 27 JUNE 2013

Deadhorse, AK, Deadhorse, LOC/DME BC RWY 23, Amdt 11, CANCELED
Huntsville, AR, Huntsville Muni, RNAV (GPS) RWY 12, Orig
Huntsville, AR, Huntsville Muni, RNAV (GPS) RWY 30, Orig
Huntsville, AR, Huntsville Muni, Takeoff Minimums and Obstacle DP,
Orig
Huntsville, AR, Huntsville Muni, VOR/DME RWY 12, Amdt 2
Springdale, AR, Springdale Muni, RNAV (GPS) RWY 18, Amdt 1C
Springdale, AR, Springdale Muni, RNAV (GPS) RWY 36, Amdt 1B
Colorado Springs, CO, City Of Colorado Springs Muni, Takeoff
Minimums and Obstacle DP, Amdt 11
Pueblo, CO, Pueblo Memorial, GPS RWY 17, Orig-C, CANCELED
Pueblo, CO, Pueblo Memorial, GPS RWY 35, Orig-B, CANCELED
Pueblo, CO, Pueblo Memorial, ILS OR LOC/DME RWY 8L, Amdt 23,
CANCELED
Pueblo, CO, Pueblo Memorial, ILS OR LOC/DME RWY 8R, Orig
Pueblo, CO, Pueblo Memorial, ILS OR LOC/DME RWY 26L, Orig
Pueblo, CO, Pueblo Memorial, ILS OR LOC/DME RWY 26R, Amdt 14,
CANCELED
Pueblo, CO, Pueblo Memorial, RNAV (GPS) RWY 8L, Orig-A, CANCELED
Pueblo, CO, Pueblo Memorial, RNAV (GPS) RWY 8R, Orig
Pueblo, CO, Pueblo Memorial, RNAV (GPS) RWY 17, Orig
Pueblo, CO, Pueblo Memorial, RNAV (GPS) RWY 26L, Orig
Pueblo, CO, Pueblo Memorial, RNAV (GPS) RWY 26R, Amdt 1B, CANCELED
Pueblo, CO, Pueblo Memorial, RNAV (GPS) RWY 35, Orig
Pueblo, CO, Pueblo Memorial, Takeoff Minimums and Obstacle DP, Amdt
6
Pueblo, CO, Pueblo Memorial, VOR/DME RWY 26L, Orig
Pueblo, CO, Pueblo Memorial, VOR/DME RWY 26R, Amdt 28, CANCELED
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 8L, ILS
PRM RWY 8L (SA CAT I), ILS PRM RWY 8L (CAT II), ILS PRM RWY 8L (CAT
III) (SIMULTANEOUS CLOSE PARALLEL), Amdt 1A
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 8R
(SIMULTANEOUS CLOSE PARALLEL), Amdt 1A
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 9L
(SIMULTANEOUS CLOSE PARALLEL), Amdt 1A
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 9R, ILS
PRM RWY 9R (SA CAT I), ILS PRM RWY 9R (CAT II), ILS PRM RWY 9R (CAT
III) (SIMULTANEOUS CLOSE PARALLEL), Amdt 1A

Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 10, ILS
PRM RWY 10 (SA CAT I), ILS PRM RWY 10 (CAT II), ILS PRM RWY 10 (CAT
III) (SIMULTANEOUS CLOSE PARALLEL), Amdt 3A
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 26L
(SIMULTANEOUS CLOSE PARALLEL), Amdt 1A
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 26R, ILS
PRM RWY 26R (SA CAT I), ILS PRM RWY 26R (SA CAT II) (SIMULTANEOUS
CLOSE PARALLEL), Amdt 2A
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 27L, ILS
PRM RWY 27L (SA CAT I), ILS PRM RWY 27L (CAT II), (SIMULTANEOUS
CLOSE PARALLEL), Amdt 2A
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 27R
(SIMULTANEOUS CLOSE PARALLEL), Amdt 1A
Atlanta, GA, Hartsfield--Jackson Atlanta Intl, ILS PRM RWY 28, ILS
PRM RWY 28 (SA CAT I), ILS PRM RWY 28 (CAT II) (SIMULTANEOUS CLOSE
PARALLEL), Amdt 3A
Sandersville, GA, Kaolin Field, VOR/DME-A, Amdt 6, CANCELED
Cairo, IL, Cairo Rgnl, NDB RWY 14, Amdt 2
Cairo, IL, Cairo Rgnl, RNAV (GPS) RWY 32, Orig
Cairo, IL, Cairo Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1
Canton, IL, Ingersoll, NDB OR GPS RWY 36, Amdt 2B, CANCELED
Chicago, IL, Chicago O'Hare Intl, RNAV (GPS) RWY 9R, Amdt 3A
Fort Wayne, IN, Fort Wayne Intl, ILS OR LOC RWY 32, Amdt 30
Fort Wayne, IN, Fort Wayne Intl, LOC BC RWY 14, Amdt 15
Hill City, KS, Hill City Muni, RNAV (GPS) RWY 18, Amdt 1
Hill City, KS, Hill City Muni, RNAV (GPS) RWY 36, Amdt 1
Hill City, KS, Hill City Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Bedford, MA, Laurence G Hanscom Fld, Takeoff Minimums and Obstacle
DP, Amdt 6
South Haven, MI, South Haven Area Rgnl, Takeoff Minimums and
Obstacle DP, Amdt 4
Crookston, MN, Crookston Muni Kirkwood Fld, VOR/DME RWY 13, Orig
Morris, MN, Morris Muni--Charlie Schmidt Fld, RNAV (GPS) RWY 14,
Amdt 1
Morris, MN, Morris Muni--Charlie Schmidt Fld, RNAV (GPS) RWY 32,
Amdt 1
St Louis, MO, Spirit of St Louis, Takeoff Minimums and Obstacle DP,
Amdt 2
Starkville, MS, George M Bryan, RNAV (GPS) RWY 36, Amdt 3A
Dillon, MT, Dillon, RNAV (GPS) RWY 17, Orig
Dillon, MT, Dillon, Takeoff Minimums and Obstacle DP, Amdt 3
Dillon, MT, Dillon, VOR-A, Amdt 8
Dillon, MT, Dillon, VOR/DME-B, Amdt 2
Asheville, NC, Asheville Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 9
Carrington, ND, Carrington Muni, GPS RWY 31, Orig, CANCELED
Carrington, ND, Carrington Muni, RNAV (GPS) RWY 31, Orig
Carrington, ND, Carrington Muni, Takeoff Minimums and Obstacle DP,
Orig
Rolla, ND, Rolla Muni, GPS RWY 32, Orig-A, CANCELED
Rolla, ND, Rolla Muni, RNAV (GPS) RWY 32, Orig
Syracuse, NY, Syracuse Hancock Intl, RNAV (GPS) Z RWY 10, Amdt 2A
Syracuse, NY, Syracuse Hancock Intl, RNAV (GPS) Z RWY 28, Amdt 2A
Syracuse, NY, Syracuse Hancock Intl, RNAV (RNP) Y RWY 10, Orig
Syracuse, NY, Syracuse Hancock Intl, RNAV (RNP) Y RWY 28, Orig
Redmond, OR, Roberts Field, ILS OR LOC/DME RWY 22, Amdt 3
Aguadilla, PR, Rafael Hernandez, RNAV (GPS) RWY 26, Orig
Aguadilla, PR, Rafael Hernandez, VOR/DME OR TACAN RWY 26, Orig
Charleston, SC, Charleston AFB/Intl, RNAV (GPS) Y RWY 3, Amdt 2A
Charleston, SC, Charleston AFB/Intl, RNAV (GPS) Y RWY 21, Amdt 2A
Charleston, SC, Charleston AFB/Intl, RNAV (RNP) Z RWY 3, Orig-A
Charleston, SC, Charleston AFB/Intl, RNAV (RNP) Z RWY 15, Orig-A
Charleston, SC, Charleston AFB/Intl, RNAV (RNP) Z RWY 21, Orig-A
Big Spring, TX, Big Spring Mc Mahon-Wrinkle, RNAV (GPS) RWY 6, Orig
Big Spring, TX, Big Spring Mc Mahon-Wrinkle, RNAV (GPS) RWY 24, Orig
Salt Lake City, UT, Salt Lake City Intl, ILS OR LOC RWY 34L, ILS RWY
34L (SA CAT I), ILS RWY 34L (CAT II), ILS RWY 34L (CAT III), Amdt 3
Salt Lake City, UT, Salt Lake City Intl, ILS OR LOC RWY 34R, ILS RWY
34R (SA CAT I), ILS RWY 34R (CAT II), ILS RWY 34R (CAT III), Amdt 4
Salt Lake City, UT, Salt Lake City Intl, RNAV (GPS) RWY 34L, Amdt 1
Salt Lake City, UT, Salt Lake City Intl, RNAV (GPS) RWY 34R, Amdt 1
Pasco, WA, Tri-Cities, Takeoff Minimums and Obstacle DP, Amdt 7
Wilbur, WA, Wilbur, RNAV (GPS)-A, Orig

Effective 25 JULY 2013

Santa Rosa, CA, Charles M. Schulz--Sonoma County, RNAV (GPS) RWY 14,
Amdt 1B
Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 6L, ILS RWY 6L
(CAT II), ILS RWY 6L (CAT III), Amdt 2D

[FR Doc. 2013-12318 Filed 5-28-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Notices]
[Pages 80114-80123]
[FR Doc No: 2016-27369]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79264; File No. SR-BatsEDGX-2016-60]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing of a Proposed Rule Change in Connection With the Proposed
Corporate Transaction Involving Bats Global Markets, Inc. and CBOE
Holdings, Inc.

November 8, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 2, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule

change as described in Items I, II and III below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposed rule change (the ``Proposed Rule
Change'') in connection with the proposed corporate transaction (the
``Transaction''), as described in more detail below, involving its
ultimate parent company, Bats Global Markets, Inc. (``BGM''), CBOE
Holdings, Inc. (``CBOE Holdings''), and two wholly owned subsidiaries
of CBOE Holdings, CBOE Corporation and CBOE V, LLC (``CBOE V''). CBOE
Holdings is the parent company of Chicago Board Options Exchange,
Incorporated (``CBOE'') and C2 Options Exchange, Incorporated (``C2''),
each a national securities exchange registered with the Commission
pursuant to Section 6(a) of the Act,\3\ and CBOE Futures Exchange, LLC
(``CBOE Futures,'' and together with CBOE and C2, the ``CBOE
Exchanges''), a national securities exchange that lists or trades
security-futures products notice-registered with the Commission
pursuant to Section 6(g) of the Act.\4\
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    \3\ 15 U.S.C. 78f(a).
    \4\ 15 U.S.C. 78f(g).
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    Upon completion of the mergers described below that effectuate the
Transaction (the ``Closing''), the business of BGM will be carried on
by CBOE V. CBOE V, rather than BGM, will be the direct parent company
of Direct Edge LLC (``Direct Edge''), which is the direct parent
company of the Exchange. As a result, CBOE Holdings will become the
ultimate parent company of Direct Edge and of the Exchange.
    To effectuate the Transaction, the Exchange seeks to obtain the
Commission's approval of: (i) The resolutions of BGM's board of
directors (the ``BGM Board'') waiving certain provisions of the Amended
and Restated Certificate of Incorporation of BGM (the ``BGM Charter'')
and making certain related determinations regarding CBOE Holdings and
the impact of the Transaction on the Exchange (the ``Resolutions'');
(ii) the CBOE Holdings Second Amended and Restated Certificate of
Incorporation (the ``CBOE Holdings Charter'') and the CBOE Holdings
Third Amended and Restated Bylaws (the ``CBOE Holdings Bylaws''); (iii)
the Certificate of Formation of CBOE V (the ``CBOE V Certificate'') and
the Limited Liability Company Operating Agreement of CBOE V (the ``CBOE
V Operating Agreement''); (iv) the proposed amendments to the Amended
and Restated Limited Liability Company Operating Agreement of Direct
Edge (the ``Direct Edge Operating Agreement''); (v) the proposed
amendments to the Fifth Amended and Restated Bylaws of the Exchange
(the ``Exchange Bylaws''); and (vi) the proposed amendments to EDGX
Rules 2.3, 2.10 and 2.12 (the ``Exchange Rules'').
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange submits this Proposed Rule Change to seek the
Commission's approval of the organizational and governance documents of
the Exchange and its current and proposed future parent companies, and
related actions that are necessary in connection with the Closing of
the Transaction, as described below.
    Other than as described herein and set forth in Exhibits 5A through
5H, the Exchange will continue to conduct its regulated activities
(including operating and regulating its market and members) in the
manner currently conducted, and will not make any changes to its
regulated activities in connection with the Transaction. Except as set
forth in this Proposed Rule Change, the Exchange is not proposing any
amendments to its trading and regulatory rules at this time. If the
Exchange determines to make any such changes, it will seek the approval
of the Commission to the extent required by the Act, and the
Commission's rules thereunder, and the Rules of the Exchange.
1. Current Corporate Structures
    The Exchange, Bats BZX Exchange, Inc. (``BZX''), Bats BYX Exchange,
Inc. (``BYX'') and Bats EDGA Exchange, Inc. (``EDGA,'' and together
with the Exchange, BZX and BYX, the ``Bats Exchanges'') are each
Delaware corporations that are national securities exchanges registered
with the Commission pursuant to Section 6(a) of the Act.\5\
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    \5\ 15 U.S.C. 78f(a).
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    The Exchange and EDGA are each direct, wholly owned subsidiaries of
Direct Edge, a Delaware limited liability company that is a direct,
wholly owned subsidiary of BGM. BZX and BYX are direct, wholly owned
subsidiaries of Bats Global Markets Holdings, Inc. (``BGM Holdings''),
a Delaware corporation that is a direct, wholly owned subsidiary of
BGM. In addition to certain other subsidiaries not registered with the
Commission in any capacity, BGM Holdings also owns 100 percent of the
equity interest in Bats Trading, Inc. (``Bats Trading''), a Delaware
corporation that is a broker-dealer registered with the Commission that
provides routing services outbound from, and in certain instances
inbound to, each Bats Exchange. BGM, a Delaware corporation, is a
publicly traded company listed on BZX.
    CBOE Holdings, a Delaware corporation, is a publicly traded company
listed on The NASDAQ Stock Market. CBOE Holdings owns 100 percent of
the equity interest in the CBOE Exchanges.
    In contemplation of the Transaction, CBOE Holdings formed two
additional entities, CBOE Corporation, a Delaware corporation, and CBOE
V, a Delaware limited liability company, each of which are direct,
wholly owned subsidiaries of CBOE Holdings. Each of CBOE Corporation
and CBOE V currently have no material assets or conduct any operations.
2. The Transaction
    On September 25, 2016, BGM, CBOE Holdings, CBOE Corporation and
CBOE V entered into an Agreement and Plan of Merger (the ``Merger
Agreement''). Pursuant to and subject to the terms of the Merger
Agreement, at the Closing, among other things:
    (i) CBOE Corporation will be merged with and into BGM, whereupon
the separate existence of CBOE Corporation will cease and BGM will be
the surviving company (the ``Merger'');

    (ii) by virtue of the Merger and without any action required on the
part of BGM, CBOE Corporation or any holder of BGM or CBOE Corporation
stock, each share of BGM common stock (whether voting or non-voting)
issued and outstanding (with the exception of shares owned by CBOE
Holdings, BGM or any of their respective subsidiaries and certain
shares held by persons that are entitled to and properly demand
appraisal rights) will be converted into the right to receive a
particular number of shares of CBOE Holdings and/or cash, at the
election of the holder of such share of BGM common stock (the ``Merger
Consideration''), and each share of CBOE Corporation issued and
outstanding will be converted into one share of BGM, such that BGM will
become a wholly owned subsidiary of CBOE Holdings; and
    (iii) immediately following the Merger, BGM will be merged with and
into CBOE V, whereupon the separate existence of BGM will cease and
CBOE V will be the surviving company (the ``Subsequent Merger'').
    Upon the Closing, the Direct Edge Operating Agreement, the Exchange
Bylaws and the Exchange Rules will be amended to take into account the
post-Closing corporate structure, described below.
3. Post-Closing Corporate Structure
    As a result of the Transaction, BGM will cease to exist and the
business of BGM will be carried on by CBOE V, which is a wholly owned
subsidiary of CBOE Holdings.\6\ CBOE V will own 100 percent of the
equity interest in Direct Edge and BGM Holdings. Direct Edge will
continue to own 100 percent of the equity interest in the Exchange and
EDGA. BGM Holdings will continue to own 100 percent of the equity
interest in BZX, BYX, Bats Trading, and certain other subsidiaries not
registered with the Commission in any capacity.\7\
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    \6\ In connection with the Transaction, CBOE Holdings agreed in
the Merger Agreement to take all requisite actions so, as of the
Closing, the CBOE Holdings Board will include three individuals
designated by BGM who (1) are serving as BGM directors immediately
prior to the Closing and (2) comply with the policies (including
clarifications of the policies provided to BGM) of the Nominating
and Governance Committee of the CBOE Holdings Board as in effect on
the date of the Merger Agreement and previously provided to BGM
(each of whom will be appointed to the CBOE Holdings Board as of the
Closing). The CBOE Holdings Board currently consists of 14
directors. The Exchange expects three current CBOE Holdings
directors to resign effective prior to the Closing and the remaining
CBOE Holdings directors to fill those vacancies with the three BGM
directors designated by BGM.
    \7\ As described above, the Transaction will result in a change
of ownership of Bats Trading, which is a member of the Financial
Industry Regulatory Authority, Inc. (``FINRA''). The Exchange
understands that, pursuant to NASD Rule 1017, Bats Trading is
seeking approval for this change of ownership from FINRA.
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4. Ownership and Voting Limitations of BGM; Resolutions
    The BGM Charter provides that (i) no Person,\8\ either alone or
together with its Related Persons,\9\ may own, directly or indirectly,
of record or beneficially, shares constituting more than 40 percent of
any class of its capital stock, and no Exchange Member, either alone or
together with its Related Persons, may own, directly or indirectly, of
record or beneficially, shares constituting more than 20 percent of any
class of its capital stock (collectively, the ``BGM Ownership
Limitation''); and (ii) subject to certain exceptions, no Person,
either alone or together with its Related Persons, at any time, may,
directly, indirectly or pursuant to any of various arrangements, vote
or cause the voting of shares or give any consent or proxy with respect
to shares representing more than 20 percent of the voting power of its
then issued and outstanding capital stock (the ``BGM Voting
Limitation'').\10\ Purported transfers that would result in a violation
of the BGM Ownership Limitation are not recognized by BGM to the extent
of any ownership in excess of the BGM Ownership Limitation, and
purported voting or voting arrangements in violation of the BGM Voting
Limitation are not honored by BGM to the extent of any voting in excess
of the limitation.\11\
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    \8\ The BGM Charter generally defines a ``Person'' as a natural
person, partnership, corporation, limited liability company, entity,
government, or political subdivision, agency or instrumentality of a
government. See BGM Charter, Art. FIFTH, para. (a)(i).
    \9\ The BGM Charter generally defines a ``Related Person'' as,
with respect to any Person, (i) any ``affiliate'' of such Person (as
defined in Rule 12b-2 under the Act); (ii) any other Person with
which such first Person has any agreement, arrangement or
understanding (whether or not in writing) to act together for the
purpose of acquiring, voting, holding or disposing of shares of the
capital stock of BGM; (iii) in the case of a Person that is a
company, corporation or similar entity, any executive officer (as
defined under Rule 3b-7 under the Act) or director of such Person
and, in the case of a Person that is a partnership or limited
liability company, any general partner, managing member or manager
of such Person, as applicable; (iv) in the case of any Person that
is a registered broker or dealer that has been admitted to
membership in any of the Bats Exchanges (for purposes of this
definition of ``Related Person,'' each such national securities
exchange shall be referred to generally as an ``Exchange'' and any
member of such Exchange, an ``Exchange Member''), any Person that is
associated with the Exchange Member (as determined using the
definition of ``person associated with a member'' as defined under
Section 3(a)(21) of the Act); (v) in the case of a Person that is a
natural person and Exchange Member, any broker or dealer that is
also an Exchange Member with which such Person is associated; (vi)
in the case of a Person that is a natural person, any relative or
spouse of such Person, or any relative of such spouse who has the
same home as such Person or who is a director or officer of BGM or
any of its parents or subsidiaries; (vii) in the case of a Person
that is an executive officer (as defined under Rule 3b-7 under the
Act) or a director of a company, corporation or similar entity, such
company, corporation or entity, as applicable; and (viii) in the
case of a Person that is a general partner, managing member or
manager of a partnership or limited liability company, such
partnership or limited liability company, as applicable. See BGM
Charter, Art. FIFTH, para. (a)(ii).
    \10\ See BGM Charter, Art. FIFTH, para. (b).
    \11\ See BGM Charter, Art. FIFTH, para. (d).
---------------------------------------------------------------------------

    However, the BGM Charter provides that each of the BGM Ownership
Limitation and the BGM Voting Limitation may be waived (except with
respect to Exchange Members and their Related Persons) pursuant to a
resolution duly adopted by the BGM Board if, in connection with taking
such action, the BGM Board states in such resolution that it is the
determination of the BGM Board that the waiver:
     Will not impair the ability of each Bats Exchange to carry
out its functions and responsibilities as an ``exchange'' under the Act
and the rules and regulations promulgated thereunder;
     is otherwise in the best interests of BGM, its
stockholders, and each Bats Exchange;
     will not impair the ability of the Commission to enforce
the Act and the rules and regulations promulgated thereunder; and
     shall not be effective until it is filed with and approved
by the Commission.\12\
---------------------------------------------------------------------------

    \12\ See BGM Charter, Art. FIFTH, para. (b)(ii)(B).

In granting such a waiver, the BGM Board has the discretion to impose
on the Person and its Related Persons, such conditions and restrictions
that it deems necessary, appropriate or desirable in furtherance of the
objectives of the Act and the rules and regulations promulgated
thereunder, and the governance of each Bats Exchange.\13\
---------------------------------------------------------------------------

    \13\ Id.
---------------------------------------------------------------------------

    In addition, notwithstanding the above, the BGM Charter provides
\14\ that in any case where a Person, either alone or with its Related
Persons, would own or vote more than the BGM Ownership Limitation or
BGM Voting Limitation, respectively, upon consummation of any proposed
sale, assignment or transfer of BGM's capital stock, such a transaction
will not become effective until the BGM Board determines, by
resolution, that such Person and its Related Persons are not subject to
any ``statutory disqualification,'' as defined in Section 3(a)(39) of
the Act.\15\
---------------------------------------------------------------------------

    \14\ See BGM Charter, Art. FIFTH, para. (b)(iii).
    \15\ 15 U.S.C. 78c(a)(39).

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

    As described above, as a result of the Merger (and prior to its
separate existence ceasing as a result of the Subsequent Merger), BGM
will become a wholly owned subsidiary of CBOE Holdings, such that CBOE
Holdings will possess ownership and voting rights in BGM in excess of
the Ownership Limitation and the Voting Limitation. In addition, as a
result of the Subsequent Merger, BGM will merge with and into CBOE V,
terminating the BGM Charter and becoming an entity whose ownership and
voting is held entirely by CBOE Holdings, in excess of the BGM
Ownership Limitation and the BGM Voting Limitation that would otherwise
apply.
    The BGM Board therefore determined that in order to effect the
Transaction, a waiver of the BGM Ownership Limitation and the BGM
Voting Limitation with respect to CBOE Holdings would be required. To
do so, the BGM Board adopted the Resolutions, attached as Exhibit 5A,
making certain determinations with respect to CBOE Holdings and the
Transaction that are necessary to waive the BGM Ownership Limitation
and BGM Voting Limitation. Specifically, the BGM Board determined that:
     The acquisition of the proposed ownership by CBOE Holdings
in BGM will not impair the ability of each Bats Exchange to carry out
its functions and responsibilities as an ``exchange'' under the Act and
the rules and regulations promulgated thereunder, is otherwise in the
best interests of BGM, its stockholders and the Bats Exchanges, and
will not impair the ability of the Commission to enforce the Act and
the rules and regulations promulgated thereunder;
     the acquisition or exercise of the proposed voting rights
by CBOE Holdings in BGM will not impair the ability of each Bats
Exchange to carry out its functions and responsibilities as an
``exchange'' under the Act and the rules and regulations promulgated
thereunder, is otherwise in the best interests of BGM, its stockholders
and the Bats Exchanges, and will not impair the ability of the
Commission to enforce the Act and the rules and regulations promulgated
thereunder;
     neither CBOE Holdings nor any of its Related Persons is
subject to ``statutory disqualification'' within the meaning of Section
3(a)(39) of the Act; \16\ and
---------------------------------------------------------------------------

    \16\ Id.
---------------------------------------------------------------------------

     neither CBOE Holdings nor any of its Related Persons is an
Exchange Member.\17\
---------------------------------------------------------------------------

    \17\ In addition, the Resolutions contain a determination that
the execution and delivery of the Merger Agreement by CBOE Holdings
constituted notice of CBOE Holdings' intention to acquire ownership
and voting rights in excess of the BGM Ownership Limitation and BGM
Voting Limitation, respectively, in writing and not less than 45
days before the Closing. See BGM Charter, Art. FIFTH, para. (b)(iv).
The Exchange notes that Art. FIFTH, para. (c)(i) of the BGM Charter
further requires that any Person that, either alone or together with
its Related Persons, owns, directly or indirectly (whether by
acquisition or by a change in the number of shares outstanding), of
record or beneficially, five percent or more of the then outstanding
shares of capital stock of BGM must immediately upon acquiring
knowledge of its ownership of five percent or more give written
notice of such ownership to the BGM Board. The Merger Agreement
provides that the Merger Agreement constitutes such notice with
respect to certain voting agreements entered into concurrently with
the Merger Agreement. See Merger Agreement, Section 5.21.
---------------------------------------------------------------------------

    The Exchange has reviewed such Resolutions and requests that the
Commission approve such Resolutions. The Exchange believes that the
Commission should approve the Resolutions, as the Transaction will not
impair the ability of any Bats Exchange to carry out its functions and
responsibilities as an ``exchange'' under the Act and the rules and
regulations promulgated thereunder, or the ability of the Commission to
enforce the Act and the rules and regulations promulgated thereunder.
The Bats Exchanges will continue to operate and regulate their markets
and members as they have done prior to the Transaction. Thus, each Bats
Exchange will continue to enforce the Act, the Commission's rules
thereunder, and each Exchange's own rules, in the manner it does today.
Further, the Commission will continue to have plenary regulatory
authority over the Bats Exchanges, as is currently the case with these
entities.
    The Exchange also notes that the Resolutions reflect the
determination by the BGM Board that the Transaction and CBOE Holdings'
resulting ownership and voting rights in BGM following the Merger, and
CBOE V's ownership and voting rights following the Subsequent Merger,
are otherwise in the best interests of BGM, its stockholders and the
Bats Exchanges. The Bats Exchanges will be ultimately held by an
entity, CBOE Holdings, that already owns other national securities
exchanges and is subject to governance documents that similarly
restrict concentration of ownership and voting rights.
    As described in more detail below, the Exchange is also requesting
approval of the adoption of the CBOE Holdings Charter and the CBOE
Holdings Bylaws. The CBOE Holdings Charter includes a number of
provisions relating to the Commission's regulatory oversight that have
a similar effect as those in the BGM Charter, including the BGM
Ownership Limitation and the BGM Voting Limitation. Therefore,
notwithstanding the Resolutions and the Transaction, provisions similar
(and, in some cases, more stringent) to the BGM Ownership Limitation
and the BGM Voting Limitation will remain in place with respect to
potential future transactions involving the ultimate parent company of
the Bats Exchanges. This means that the Exchange ownership structure
will continue to provide the Commission with appropriate oversight
tools to ensure that the Commission will have the ability to enforce
the Act with respect to the Exchange, its direct and indirect parent
companies, and its directors, officers, employees and agents to the
extent they are involved in the activities of the Exchange, and protect
the independence of the Exchange's self-regulatory activities.
    The Exchange therefore requests that the Commission approve the
Resolutions, attached as Exhibit 5A.
5. CBOE Holdings Charter and CBOE Holdings Bylaws
    CBOE Holdings currently holds a direct ownership interest in the
CBOE Exchanges. The Commission has previously approved the CBOE
Holdings Charter and the CBOE Holdings Bylaws (collectively, the ``CBOE
Holdings Organizational Documents''), attached as Exhibits 5B and 5C,
respectively.\18\
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 62158 (May 24,
2010), 75 FR 30082 (May 28, 2010) (SR-CBOE-2008-88). The CBOE
Organizational Documents have been subsequently amended from time to
time pursuant to proposed rule changes that were filed with the
Commission for immediate effectiveness. See, e.g., Securities
Exchange Act Release No. 76282 (October 27, 2015), 80 FR 67464
(November 2, 2015) (SR-CBOE-2015-092).
---------------------------------------------------------------------------

    In connection with the Transaction, upon the Closing, CBOE Holdings
will become the indirect owner (through CBOE V and Direct Edge) of the
Exchange and EDGA and the indirect owner (through CBOE V and BGM
Holdings) of BZX, BYX and Bats Trading (and certain other subsidiaries
not registered with the Commission in any capacity).
    The CBOE Holdings Organizational Documents include various
provisions relating to any ``Regulated Securities Exchange
Subsidiary,'' which is defined as any national securities exchange
controlled, directly or indirectly, by CBOE Holdings. Upon the Closing,
the Exchange will be covered by the

definition of Regulated Securities Exchange Subsidiary for purposes of
the CBOE Holdings Organizational Documents. As a result, no amendments
to the CBOE Holdings Organizational Documents will be necessary to
reflect CBOE Holdings' indirect ownership of the Exchange.
    The Exchange believes that the CBOE Holdings Organizational
Documents will protect and maintain the integrity of the self-
regulatory functions of the Exchange and facilitate the ability of the
Exchange and the Commission to carry out their regulatory and oversight
obligations under the Act, as the CBOE Organizational Documents do with
respect to the CBOE Exchanges.
    In addition, the CBOE Organizational Documents contain provisions,
including those with respect to the following, that are similar to
those contained in the BGM Charter and BGM's Amended and Restated
Bylaws (the ``BGM Bylaws''), which the Commission has previously found
to be consistent with the Act: \19\
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 77464 (March 29,
2016), 81 FR 19252 (April 4, 2016) (File Nos. SR-BATS-2016-10, SR-
BYX-2016-02, SR-EDGX-2016-04, and SR-EDGA-2016-01).
---------------------------------------------------------------------------

     Ownership and Voting Limitations. Similar to the BGM
Voting Limitation and the BGM Ownership Limitation contained in the BGM
Charter, the CBOE Holdings Charter limits the extent of ownership and
voting rights which certain persons may possess or exercise.\20\ Like
the BGM Charter, the CBOE Holdings Charter similarly prohibits any
Person,\21\ together with its Related Persons,\22\ from exercising
voting rights with respect to more than 20 percent of the then
outstanding votes entitled to be cast on such matter.\23\ However, with
respect to ownership limitations, the CBOE Holdings Charter contains a
more stringent threshold than contained in the BGM Charter. Under the
CBOE Holdings Charter, no Person, together with its Related Persons, is
permitted at any time to beneficially own directly or indirectly shares
of stock of CBOE Holdings representing in the aggregate more than 20
percent of the then outstanding shares of stock of CBOE Holdings.\24\
In contrast, the BGM Ownership Limitation only applies a 20 percent
threshold to any Exchange Member together with its Related Persons,
while applying a 40 percent threshold to any other Person together with
its Related Persons. As a result, the CBOE Holdings Charter should be
at least as effective as the BGM Charter at preventing any stockholder
from exercising undue control over the operation of the Exchange.
---------------------------------------------------------------------------

    \20\ Compare CBOE Holdings Charter, Art. SIXTH with BGM Charter,
Art. FIFTH.
    \21\ ``Person'' mean an individual, partnership (general or
limited), joint stock company, corporation, limited liability
company, trust or unincorporated organization, or any governmental
entity or agency or political subdivision thereof. See CBOE Holdings
Charter, Art. FIFTH, para. (a)(iv).
    \22\ ``Related Person'' is defined in the CBOE Holdings Charter
in a manner substantially the same as it is defined in the BGM
Charter. See supra note 9; CBOE Holdings Charter, Art. FIFTH, para.
(a)(vi).
    \23\ See CBOE Holdings Charter, Art. SIXTH, para. (a).
    \24\ See CBOE Holdings Charter, Art. SIXTH, para. (b).
---------------------------------------------------------------------------

     Independence and Non-Interference. Similar to provisions
contained in the BGM Bylaws, the CBOE Holdings Charter provides that
for so long as CBOE Holdings controls, directly or indirectly, a
Regulated Securities Exchange Subsidiary, each officer, director and
employee of CBOE Holdings must give due regard to the preservation of
the independence of the self-regulatory function of the Regulated
Securities Exchange Subsidiaries and may not take any actions that he
or she knows or reasonably should have known would interfere with the
effectuation of any decisions by the board of directors of any
Regulated Securities Exchange Subsidiary relating to such Regulated
Securities Exchange Subsidiary's regulatory functions (including
disciplinary matters) or that would adversely affect the ability of the
Regulated Securities Exchange Subsidiary to carry out such Regulated
Securities Exchange Subsidiary's responsibilities under the Act.\25\
---------------------------------------------------------------------------

    \25\ Compare CBOE Holdings Charter, Art. SIXTEENTH, para. (c)
with BGM Bylaws, Section 12.01.
---------------------------------------------------------------------------

     Confidentiality. Similar to provisions contained in the
BGM Bylaws, the CBOE Holdings Charter provides that, to the fullest
extent permitted by applicable law, all confidential information
pertaining to the self-regulatory function of Regulated Securities
Exchange Subsidiaries contained in the books and records of any
Regulated Securities Exchange Subsidiary that shall come into the
possession of the CBOE Holdings must be retained in confidence by CBOE
Holdings and its officers, directors, employees and agents and must not
be used for any commercial purposes.\26\
---------------------------------------------------------------------------

    \26\ Compare CBOE Holdings Charter, Art. FIFTEENTH with BGM
Bylaws, Section 12.02.
---------------------------------------------------------------------------

     Books and Records. Similar to provisions contained in the
BGM Bylaws, the CBOE Holdings Charter provides that, for so long as
CBOE Holdings directly or indirectly controls any Regulated Securities
Exchange Subsidiary, the books, records, premises, officers, directors
and employees of CBOE Holdings shall be deemed to be the books,
records, premises, officers, directors and employees of the Regulated
Securities Exchange Subsidiary for purposes of and subject to oversight
pursuant to the Act, but only to the extent that such books, records,
premises, officers, directors and employees of the Corporation relate
to the business of such Regulated Securities Exchange Subsidiary.\27\
---------------------------------------------------------------------------

    \27\ Compare CBOE Holdings Charter, Art. FIFTEENTH with BGM
Bylaws, Section 12.03.
---------------------------------------------------------------------------

     Compliance With Securities Laws; Cooperation With the
Commission. Similar to provisions contained in the BGM Bylaws, the CBOE
Holdings Charter provides that CBOE Holdings shall comply with the
federal securities laws and the rules and regulations thereunder and
shall cooperate with the Commission, and each Regulated Securities
Exchange Subsidiary pursuant to and to the extent of its regulatory
authority, and shall take reasonable steps necessary to cause its
agents to cooperate with the Commission and, where applicable, the
Regulated Securities Exchange Subsidiaries pursuant to their regulatory
authority, with respect to such agents' activities related to the
Regulated Securities Exchange Subsidiaries.\28\
---------------------------------------------------------------------------

    \28\ Compare CBOE Holdings Charter, Art. SIXTEENTH, para. (a)
with BGM Bylaws, Section 12.04.
---------------------------------------------------------------------------

     Consent to Jurisdiction. Similar to provisions contained
in the BGM Bylaws, the CBOE Holdings Charter provides that CBOE
Holdings, its directors, officers, agents and employees, irrevocably
submit to the jurisdiction of the U.S. federal courts, the Commission,
and the Regulated Securities Exchange Subsidiaries, for the purposes of
any suit, action or proceeding pursuant to U.S. federal securities laws
or the rules or regulations thereunder, commenced or initiated by the
Commission arising out of, or relating to, the Regulated Securities
Exchange Subsidiaries' activities.\29\
---------------------------------------------------------------------------

    \29\ Compare CBOE Holdings Charter, Art. FOURTEENTH with BGM
Bylaws, Section 12.05.
---------------------------------------------------------------------------

     Amendments. Similar to provisions contained in the BGM
Charter and BGM Bylaws, the CBOE Organizational Documents provide that
for so long as CBOE Holdings controls, directly or indirectly,
Regulated Securities Exchange, before any amendment to or repeal of the
CBOE Holdings Charter or CBOE Holdings Bylaws may be effective, such
amendment or repeal must be submitted to the board of directors of each
such exchange, and if the amendment or repeal is required to

be filed with, or filed with and approved by the Commission, then such
change shall not be effective until filed with, or filed with and
approved by, the Commission, as the case may be.\30\ As stated above,
the Exchange believes that the foregoing provisions will assist the
Exchange in fulfilling its self-regulatory obligations and in
administering and complying with the requirements of the Act.
---------------------------------------------------------------------------

    \30\ Compare CBOE Holdings Charter, Arts. ELEVENTH, TWELFTH and
CBOE Holdings Bylaws, Section 10.2 with BGM Charter, Art. FOURTEENTH
and BGM Bylaws, Article XI.
---------------------------------------------------------------------------

6. CBOE V Certificate and CBOE V Operating Agreement
    Effective as of the Closing of the Transaction, CBOE V will hold
direct ownership of (i) Direct Edge, which will continue to hold direct
ownership of the Exchange and EDGA and (ii) BGM Holdings, which will
continue to hold direct ownership of BZX, BYX and Bats Trading (and
certain other subsidiaries not registered with the Commission in any
capacity). However, unlike BGM currently, CBOE V will not be the
ultimate holding company under the post-Closing corporate structure,
but rather will be an intermediate holding company owned by CBOE
Holdings. The Exchange believes that the CBOE V Operating Agreement
contains provisions relating to its indirect ownership of one or more
national securities exchanges, including such exchanges' regulatory
functions and Commission oversight, that are appropriate for an
intermediate holding company in the ownership chain of a national
securities exchange. Many of the provisions of the CBOE V Operating
Agreement relating to these matters are similar to the organizational
documents of Direct Edge, which currently is, and following the
Subsequent Merger will be, similarly situated as an intermediate
holding company of the Exchange. The Commission has previously found
the Direct Edge organizational documents to be consistent with the
Act.\31\
---------------------------------------------------------------------------

    \31\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGA-2013-34; SR-EDGX-2013-
43).
---------------------------------------------------------------------------

    Although CBOE V will not carry out any regulatory functions, the
Exchange notes that its activities with respect to the operation of the
Bats Exchanges must be consistent with, and must not interfere with,
the self-regulatory obligations of each Bats Exchange. The CBOE V
Operating Agreement therefore includes certain provisions that are
designed to maintain the independence of the Bats Exchanges' self-
regulatory functions, enable the Bats Exchanges to operate in a manner
that complies with the federal securities laws, including the
objectives of Sections 6(b) \32\ and 19(g) \33\ of the Act, and
facilitate the ability of each Bats Exchange and the Commission to
fulfill their respective regulatory and oversight obligations under the
Act.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78f(b).
    \33\ 15 U.S.C. 78s(g).
---------------------------------------------------------------------------

a. CBOE V Certificate of Formation
    The CBOE V Certificate, attached as Exhibit 5D, includes the
following provisions required under Delaware law: (i) The full name of
CBOE V as ``CBOE V, LLC'', and (ii) the name and address of CBOE V's
registered office in the State of Delaware and the name of CBOE V's
registered agent at such address.\34\ In addition, the CBOE V
Certificate contains a provision providing that CBOE V shall indemnify
members of its board of directors and certain other persons, subject to
certain conditions.
---------------------------------------------------------------------------

    \34\ Delaware Limited Liability Company Act Sec.  18-201.
---------------------------------------------------------------------------

    As the Exchange believes is customary for limited liability
companies formed in the State of Delaware, other substantive provisions
governing the ownership, operation and management of CBOE V are set
forth in the CBOE V Operating Agreement, discussed below.
b. CBOE V Operating Agreement
    With respect to ownership and control of CBOE V, the CBOE V
Operating Agreement, attached as Exhibit 5E, specifically provides that
CBOE V's sole member is CBOE Holdings, until the CBOE V Operating
Agreement is amended (subject to Commission approval, as described
below).\35\ Further, for so long as CBOE V controls, directly or
indirectly, a subsidiary that is registered with the Commission as a
national securities exchange (an ``Exchange Subsidiary''), CBOE
Holdings may not sell, assign, transfer, convey, gift, exchange or
otherwise dispose of any or all of its member interest in CBOE V,
except pursuant to an amendment to the CBOE V Operating Agreement that
is filed with and approved by the Commission. \36\ These restrictions
are designed to ensure that any change to the ownership or control of
any Exchange Subsidiary, including without limitation the Bats
Exchanges, may only occur through a change in the ownership or control
of CBOE Holdings. As such, any purported change of such ownership or
control (unless pursuant to a Commission-approved change of ownership
of CBOE V) would need to comply with the CBOE Holdings Charter and CBOE
Holdings Bylaws, including the ownership and voting limitations
discussed above (or a Commission-approved waiver therefrom).
---------------------------------------------------------------------------

    \35\ CBOE V Operating Agreement, Section 1.1.
    \36\ CBOE V Operating Agreement, Section 5.1.
---------------------------------------------------------------------------

    The CBOE V Operating Agreement also contains several provisions
designed to protect the independence of the self-regulatory functions
of the Bats Exchanges. The CBOE V Operating Agreement requires that,
for so long as CBOE V, directly or indirectly, controls any Exchange
Subsidiary, CBOE Holdings, as the sole member of CBOE V, and officers,
employees and agents of CBOE V must give due regard to the preservation
of independence of the self-regulatory functions of such Exchange
Subsidiary, as well as to its obligations to investors and the general
public, and not interfere with the effectuation of any decisions by the
board of directors of an Exchange Subsidiary relating to its regulatory
functions (including disciplinary matters) or which would interfere
with the ability of such Exchange Subsidiary to carry out its
responsibilities under the Act.\37\
---------------------------------------------------------------------------

    \37\ See CBOE V Operating Agreement, Section 10.1(a).
---------------------------------------------------------------------------

    The CBOE V Operating Agreement also would require that CBOE V
comply with the U.S. federal securities laws and rules and regulations
thereunder and cooperate with the Commission and each Exchange
Subsidiary, as applicable, pursuant to and to the extent of their
respective regulatory authority.\38\ Further, CBOE V's officers,
directors, employees and agents shall be deemed to agree to (i) comply
with the U.S. federal securities laws and the rules and regulations
thereunder; and (ii) cooperate with the Commission and each Exchange
Subsidiary in respect of the Commission's oversight responsibilities
regarding such Exchange Subsidiary and the self-regulatory functions
and responsibilities of the Exchange Subsidiaries, and CBOE V will take
reasonable steps to cause its officers, employees and agents to so
cooperate.\39\
---------------------------------------------------------------------------

    \38\ See CBOE V Operating Agreement, Section 10.2(a).
    \39\ Id.
---------------------------------------------------------------------------

    Furthermore, to the fullest extent permitted by law, CBOE V and its
officers, directors, employees and agents will be deemed to irrevocably
submit to the jurisdiction of the U.S. federal courts, the Commission,
and each Exchange Subsidiary, as applicable, for purposes of any suit,
action, or proceeding pursuant to the U.S. federal securities laws or
the rules or

regulations thereunder arising out of, or relating to, the activities
of such Exchange Subsidiary.\40\
---------------------------------------------------------------------------

    \40\ See CBOE V Operating Agreement, Section 10.3(a).
---------------------------------------------------------------------------

    The proposed CBOE V Operating Agreement also contains a number of
provisions designed to ensure that the Exchange will have sufficient
access to the books and records of CBOE V as they relate to any
Exchange Subsidiary. Pursuant to the CBOE V Operating Agreement, to the
extent they are related to the operation or administration of an
Exchange Subsidiary, the books, records, premises, officers, agents,
and employees of CBOE V are deemed to be the books, records, premises,
officers, agents and employees of such Exchange Subsidiary for the
purposes of, and subject to oversight pursuant to, the Act.\41\ In
addition, for as long as CBOE V controls, directly or indirectly, an
Exchange Subsidiary, CBOE V's books and records shall be subject at all
times to inspection and copying by the Commission and the applicable
Exchange Subsidiary, provided that such books and records are related
to the operation or administration of an Exchange Subsidiary.\42\
---------------------------------------------------------------------------

    \41\ See CBOE V Operating Agreement, Section 8.4(b).
    \42\ Id.
---------------------------------------------------------------------------

    The proposed CBOE V Operating Agreement also provides that, to the
fullest extent permitted by law, all books and records of any Exchange
Subsidiary reflecting confidential information pertaining to the self-
regulatory function of such Exchange Subsidiary (including disciplinary
matters, trading data, trading practices and audit information) that
comes into the possession of CBOE V, shall be retained in confidence by
CBOE V, CBOE V's officers, employees and agents and CBOE Holdings, and
not used for any non-regulatory purposes.\43\ The proposed CBOE V
Operating Agreement provides, however, that the foregoing shall not
limit or impede the rights of the Commission or an Exchange Subsidiary
to access and examine such confidential information pursuant to the
U.S. federal securities laws and the rules and regulations thereunder,
or limit or impede the ability of CBOE Holdings or any of CBOE V's
officers, employees or agents to disclose such confidential information
to the Commission or an Exchange Subsidiary.\44\
---------------------------------------------------------------------------

    \43\ See CBOE V Operating Agreement, Section 8.4(a).
    \44\ Id.
---------------------------------------------------------------------------

    In addition, the CBOE V Operating Agreement provides that for so
long as CBOE V controls, directly or indirectly, any Exchange
Subsidiary, before any amendment to or repeal of any provision of the
CBOE V Operating Agreement will be effective, those changes must be
submitted to the board of directors of each Exchange Subsidiary, and if
the same must be filed with, or filed with and approved by, the
Commission before the changes may be effective under Section 19 of the
Act \45\ and the rules promulgated thereunder, then the proposed
changes shall not be effective until filed with, or filed with and
approved by, the Commission, as the case may be.\46\
---------------------------------------------------------------------------

    \45\ 15 U.S.C. 78s.
    \46\ See CBOE V Operating Agreement, Section 11.2.
---------------------------------------------------------------------------

7. Direct Edge Operating Agreement
    The Direct Edge Operating Agreement currently provides that the
sole member of Direct Edge is BGM. However, as a result of the
Transaction, CBOE V will become the sole member of Direct Edge. The
Exchange proposes to amend the Direct Edge Operating Agreement to
reflect this change, as set forth in Exhibit 5F.
8. Bylaws of the Exchange
    In connection with the Transaction, the Exchange proposes to amend
and restate its Fifth Amended and Restated Bylaws and adopt the amended
Exchange Bylaws as its Sixth Amended and Restated Bylaws, attached as
Exhibit 5G. Specifically, the Exchange proposes to (i) expand the
prohibition contained in Section 2 of Article XI of the Exchange Bylaws
and (ii) add a definition of ``Trading Permit Holder'' to Article I.
    Currently, Section 2 of Article XI of the Exchange Bylaws prohibits
directors of BGM or Direct Edge who are not also directors, officers,
staff, counsel or advisors of the Exchange from participating in any
meetings of the Exchange's board of directors (or any committee
thereof) pertaining to the self-regulatory function of the Exchange
(including disciplinary matters). This provision refers to BGM and
Direct Edge because they are currently the only direct and indirect
owners of the Exchange. However, following the Transaction, the
Exchange will be owned indirectly by CBOE V and CBOE Holdings (in
addition to its direct ownership by Direct Edge). Therefore, the
Exchange is proposing to remove the reference to BGM and insert
references to CBOE V and CBOE Holdings, so that CBOE V and CBOE
Holdings will both be covered by this prohibition. The Exchange
believes that this amendment will protect the independence of the
Exchange's self-regulatory activities.
    In addition, as noted above, the CBOE Holdings Charter currently
prohibits certain persons from owning or exercising voting rights over
certain percentages of ownership of CBOE Holdings. The CBOE Holdings
Charter permits the board of directors of CBOE Holdings to waive the
limitation on the exercise of voting rights in excess of 20 percent of
the then outstanding votes entitled to be cast on such matter only if,
among other things, ``for so long as [CBOE Holdings] directly or
indirectly controls any Regulated Securities Exchange Subsidiary,
neither such Person nor any of its Related Persons is a `Trading Permit
Holder' (as defined in the Bylaws of any Regulated Securities Exchange
Subsidiary as they may be amended from time to time).'' \47\
---------------------------------------------------------------------------

    \47\ See CBOE Holdings Charter, Art. SIXTH, para. (a)(ii)(C).
---------------------------------------------------------------------------

    The Exchange does not issue ``trading permits,'' but admits
members. The Exchange believes the provisions of the CBOE Holdings
Charter that refer to Trading Permit Holders of its Regulated
Securities Exchange Subsidiaries should apply equally to members of the
Exchange once it becomes a Regulated Securities Exchange Subsidiary of
CBOE Holdings. As a result, the Exchange proposes to add clause (ff) to
Article I of the Exchange Bylaws, providing that `` `Trading Permit
Holder' shall have the same meaning as Exchange Member.'' This will
ensure that the Exchange's members will be considered Trading Permit
Holders of a Regulated Securities Exchange Subsidiary for purposes of
the CBOE Holdings Charter.
9. Exchange Rules
a. Exchange Rule 2.3--Member Eligibility
    Pursuant to Exchange Rule 2.3, in order to be eligible for
membership in the Exchange, a registered broker or dealer is currently
required to be a member of at least one other national securities
association or national securities exchange. However, membership in the
Exchange's affiliated national securities exchanges, BZX, BYX or EDGA,
is not sufficient for purposes of eligibility for Exchange membership.
The Exchange adopted this because the Bats Exchanges have historically
not functioned as the designated examining authority for any of its
members, and the Exchange wanted to be sure that any member would be
appropriately supervised by another national securities association or
national securities exchange that has

the capacity to function as the member's designated examining
authority.
    As a result of the Transaction, the Exchange will additionally
become affiliated with the CBOE Exchanges. As with the Bats Exchanges,
C2 does not currently serve as the designated examination authority for
any of its members. CBOE, however, does act as the designated examining
authority for certain of its members. Therefore, the Exchange proposes
to amend Exchange Rule 2.3 to specify that a registered broker or
dealer will be eligible for membership only if it is a member of a
national securities association or national securities exchange other
than or in addition to the following affiliates of the Exchange: BZX,
BYX, EDGA and C2.
    In addition, to ensure there is no confusion with respect to the
possibility that a broker or dealer could qualify for membership in the
Exchange based solely on membership in CBOE Futures or any other
national securities exchange notice--registered with the Commission
pursuant to Section 6(g) of the Act \48\ that lists or trades security-
futures products, the Exchange proposes to also specify that
eligibility for membership requires membership in a national securities
association registered pursuant to Section 15A of the Act or a national
securities exchange registered with the Commission pursuant to Section
6(a) of the Act, so as to exclude a national securities exchange
registered solely under Section 6(g) of the Act. The proposed
amendments to Exchange Rule 2.3 are set forth in Exhibit 5H.
---------------------------------------------------------------------------

    \48\ 15 U.S.C. 78f(g).
---------------------------------------------------------------------------

b. Exchange Rule 2.10--Affiliation Between Exchange and a Member
    Exchange Rule 2.10 provides that, without prior approval of the
Commission, neither the Exchange, nor any of its affiliates, shall
directly or indirectly acquire or maintain an ownership interest in a
member of the Exchange. This restriction is intended to address
potential conflicts of interest that could result from affiliation
between the Exchange and a member. Notwithstanding this general
restriction, Exchange Rule 2.10 provides that it does not prohibit a
member or its affiliate from acquiring or holding an equity interest in
BGM that is permitted by the ownership and voting limitations contained
in the BGM Charter and the BGM Bylaws. In addition, Exchange Rule 2.10
states that it does not prohibit a member from being or becoming an
affiliate of the Exchange, or an affiliate of any affiliate of the
Exchange, solely by reason of such member or any officer, director,
manager, managing member, partner or affiliate of such member being or
becoming either (a) a director of the Exchange pursuant to the Bylaws
of the Exchange, or (b) a director of the Exchange serving on the board
of directors of BGM. The Exchange proposes to replace the references to
BGM in Rule 2.10 with references to CBOE Holdings to reflect the fact
that following the Transaction, CBOE Holdings will replace BGM as the
ultimate parent holding company of the Exchange.
    Exchange Rule 2.10 also clarifies that it does not prohibit the
Exchange from being an affiliate of its routing broker-dealer Direct
Edge ECN LLC d/b/a DE Route (``DE Route'') or of EDGA, BZX, BYX, or
Bats Trading, each of which are affiliated with the Exchange. The
Exchange proposes to remove the reference to DE Route to reflect the
fact that Bats Trading previously replaced DE Route as the Exchange's
routing broker-dealer.\49\ The Exchange also proposes to add references
to the CBOE Exchanges, as the CBOE Exchanges will become new affiliated
exchanges following the Transaction. The proposed amendments to
Exchange Rule 2.10 are set forth in Exhibit 5H.
---------------------------------------------------------------------------

    \49\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGA-2013-34; SR-EDGX-2013-
43).
---------------------------------------------------------------------------

c. Exchange Rule 2.12--Bats Trading, Inc. as Inbound Router
    Exchange Rule 2.12 provides that the Exchange, on behalf of BGM,
shall establish and maintain procedures and internal controls
reasonably designed to ensure that Bats Trading does not develop or
implement changes to its systems on the basis of nonpublic information
obtained as a result of its affiliation with the Exchange until such
information is available generally to similarly situated members of the
Exchange in connection with the provision of inbound order routing to
the Exchange. The Exchange proposes to replace the reference to BGM
with a reference to ``the holding company indirectly owning the
Exchange and Bats Trading.'' This change would reflect the fact that
BGM would no longer be the ultimate holding company of the Exchange
following the Transaction and would also make this language consistent
with the language used in Rule 2.12 of the BZX and BYX rulebooks. The
proposed amendments to Exchange Rule 2.12 are set forth in Exhibit 5H.
2. Statutory Basis
    The Exchange believes that the Proposed Rule Change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6(b) of the Act.\50\ In
particular, the proposal is consistent with Section 6(b)(1) of the Act
\51\ in that it enables the Exchange to be so organized as to have the
capacity to be able to carry out the purposes of the Act and to comply,
and to enforce compliance by its members and persons associated with
its members, with the provisions of the Act, the rules and regulations
thereunder, and the Rules of the Exchange.
---------------------------------------------------------------------------

    \50\ 15 U.S.C. 78f(b).
    \51\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The Proposed Rule Change is designed to enable the Exchange to
continue to have the authority and ability to effectively fulfill its
self-regulatory duties pursuant to the Act and the rules promulgated
thereunder. In particular, the Proposed Rule Change includes in the
CBOE Holdings Charter and CBOE Holdings Bylaws, like the BGM Charter
and BGM Bylaws, various provisions intended to protect and maintain the
integrity of the self-regulatory functions of the Exchange upon
Closing. For example, the CBOE Holdings Charter, as described above, is
drafted to preserve the independence of the Exchange's self-regulatory
function and carry out its regulatory responsibilities under the Act.
In addition, the CBOE Holdings Charter imposes limitations similar to
the BGM Ownership Limitation and BGM Voting Limitation to preclude
undue influence over or interference with the Exchange's self-
regulatory functions and fulfillment of its regulatory duties under the
Act.
    Moreover, notwithstanding the Proposed Rule Change, including the
change to the indirect ownership of the Exchange, the Commission will
continue to have regulatory authority over the Exchange, as is
currently the case, as well as jurisdiction over the Exchange's direct
and indirect parent companies with respect to activities related to the
Exchange.\52\ As a result, the Proposed Rule Change will facilitate an
ownership structure that will provide the Commission with appropriate
oversight tools to ensure that the Commission will have the ability to
enforce the Act with respect to the Exchange, its direct and indirect
parent

companies and their directors, officers, employees and agents to the
extent they are involved in the activities of the Exchange.
---------------------------------------------------------------------------

    \52\ See, e.g., CBOE Holdings Charter, Art. FOURTEENTH; CBOE V
Operating Agreement, Section 10.3; Direct Edge Operating Agreement,
Section 10.3.
---------------------------------------------------------------------------

    The Exchange also believes that the Proposed Rule Change furthers
the objectives of Section 6(b)(5) of the Act \53\ because the Proposed
Rule Change would be consistent with and facilitate a governance and
regulatory structure that 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 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.
---------------------------------------------------------------------------

    \53\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, as discussed further in the Exchange's Statement on
Burden on Competition below, the Exchange expects that the Transaction
will foster further innovation while facilitating efficient,
transparent and well-regulated markets for issuers and investors,
removing impediments to, and perfecting the mechanism of a free and
open market and a national market system. The Transaction will benefit
investors and the securities market as a whole by, among other things,
enhancing competition among securities venues and reducing costs.
    Furthermore, the Exchange is not proposing any significant changes
to its existing operational and trading structure in connection with
the change in ownership; the Exchange will operate in essentially the
same manner upon Closing as it operates today. Therefore, the Exchange
believes that it will continue to satisfy the requirements of the Act
and the rules and regulations thereunder that are applicable to a
national securities exchange. The changes that the Exchange is
proposing to the Exchange Rules are designed to reflect the prospective
affiliation with CBOE Holdings and the CBOE Exchanges. The Exchange
believes that the proposed change to its Rules is consistent with the
requirements of the Act and the rules and regulations thereunder.

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

    The Exchange does not believe that the Proposed Rule Change would
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Indeed, the
Exchange believes that the Proposed Rule Change will enhance
competition among trading venues, as the Exchange believes that the
Transaction will result in various synergies and efficiencies. For
example, the Transaction will allow the Bats Exchanges and the CBOE
Exchanges to utilize a single technology platform, which the Exchange
expects will reduce Bats Exchanges' and the CBOE Exchanges' combined
costs, creating the opportunity to further reduce costs to their
respective members and other constituents. The potential use of a
single technology platform may also reduce investors' costs of
connecting to and using the Bats Exchanges and the CBOE Exchanges,
including through the combination of data centers and market data
services. Combining the expertise of the CBOE Exchanges' personnel with
the expertise of the Bats Exchanges' personnel will also facilitate
ongoing innovation, including through new product creation and platform
improvements.
    The Exchange notes that the Bats Exchanges and the CBOE Exchanges
generally operate with different business models, target different
customer bases and primarily focus on different asset classes, limiting
any concern that the Transaction could burden competition. Therefore,
the Exchange expects that the Transaction will benefit investors,
issuers, shareholders and the market as a whole. The Exchange will
continue to conduct regulated activities (including operating and
regulating its market and members) of the type it currently conducts,
but will be able to do so in a more efficient manner to the benefit of
its members. These efficiencies will pass through to the benefit of
investors and issuers, promoting further efficiencies, competition and
capital formation, placing no burden on competition not necessary or
appropriate in furtherance of the Act.
    Furthermore, the Exchange's conclusion that the Proposed Rule
Change would not result in any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act is
consistent with the Commission's prior conclusions about similar
combinations involving multiple exchanges in a single corporate
family.\54\
---------------------------------------------------------------------------

    \54\ See, e.g., Securities Exchange Act Release Nos. 71375
(January 23, 2014), 79 FR 4771 (January 29, 2014) (SR-BATS-2013-059;
SR-BYX-2013-039); 66071 (December 29, 2011), 77 FR 521 (January 5,
2012) (SR-CBOE-2011-107 and SR-NSX-2011-14); 58324 (August 7, 2008),
73 FR 46936 (August 12, 2008) (SR-BSE-2008-02; SR-BSE-2008-23; SR-
BSE-2008-25; SR-BSECC-2008-01); 53382 (February 27, 2006), 71 FR
11251 (March 6, 2006) (SR-NYSE-2005-77).
---------------------------------------------------------------------------

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

    The Exchange has not solicited or received written comments on the
Proposed Rule Change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsEDGX-2016-60 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-BatsEDGX-2016-60. 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-BatsEDGX-2016-60, and should be submitted on or before
December 6, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\55\
---------------------------------------------------------------------------

    \55\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-27369 Filed 11-14-16; 8:45 am]
 BILLING CODE 8011-01-P


Meeting with Syngenta on Atrazine Stewardship Activities in Missouri

September 17, 2008

Participants

EPA

Steven Bradbury/OPP/SRRD

Bob McNally/OPP/SRRD

Anne Overstreet/OPP/SRRD

Melanie Biscoe/OPP/SRRD

Don Brady/OPP/EFED

Mary Frankenberry/OPP/EFED

Stephanie Irene/OPP/EFED

Anita Pease/OPP/EFED

Nelson Thurman/OPP/EFED

Mark Corbin/OPP/EFED

Brian Anderson/OPP/EFED

EPA By Conference Line

Ruth Chemerys/OW/OWOW

Christina Jarvis/OW/OST

Todd Phillips/EPA Reg. 7

Walter Roachell/EPA Reg. 7

Jamie Green/EPA Reg. 7

Heather Duncan/EPA Reg. 7

Terri Brink/EPA Reg. 7

Pete Davis/EPA Reg. 7

Russell Erickson/ORD

Missouri State Department of Agriculture

Paul Andre

Representatives from or invited by Syngenta

Paul Hendley

Dave Volz

Dan Campbell

Janis McFarland

Rex Martin (by conference line)

Ron Williams (by conference line)

Jere White, Kansas Corn Growers Association

Mark White, Missouri Corn Growers Association/Environmental Resources
Coalition

Chris Harbourt, Waterborne Environmental, Inc.

On September 17, 2008, EPA’s Office of Pesticide Programs, Office of
Water, Office of Research and Development, and Region 7 met with
Syngenta Crop Protection, Inc. on atrazine ecological stewardship
activities in Missouri.  Syngenta reported to EPA on its label education
efforts in two Missouri watersheds, where atrazine concentrations have
exceeded EPA’s levels of concern, as well as results from those
efforts.   Syngenta also reported on ecological monitoring results from
2004 to 2008 and its progress in adapting monitoring protocols to EPA
recommendations.  EPA reviewed with Syngenta deliverables and due dates
necessary to prepare for a May 2009 follow-up consultation with the
FIFRA Scientific Advisory Panel on the atrazine ecological monitoring
program.   At the end of the meeting, Syngenta presented results of GIS
research on slope and hydraulic conductivity that provides an additional
means of identifying water bodies vulnerable to atrazine contamination.


Comment Info: =================

General Comment:Enclosed is Part 2 of a comment from R.J. Reynolds Tobacco Company to this docket.  The comment consists of a letter and four appendices, and is too large a file to be uploaded at one time.  It is therefore being uploaded in two parts:  Part 1 contains the letter (dated October 11, 2010); Part 2 contains the appendices to that letter.