[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39499-39500]
[FR Doc No: 2023-12872]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97699; File No. SR-NYSECHX-2023-11]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 7.37 To Specify the Exchange's Source of Data Feeds From MEMX LLC

June 12, 2023.
    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 May 31, 2023, the NYSE Chicago, Inc. (``NYSE Chicago'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``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\ 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 7.37 to specify the Exchange's
source of data feeds from MEMX LLC (``MEMX'') for purposes of order
handling, order execution, order routing, and regulatory compliance.
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 update and amend the use of data feeds
table in Rule 7.37(d), which sets forth on a market-by-market basis the
specific securities information processor (``SIP'') and proprietary
data feeds that the Exchange utilizes for the handling, execution, and
routing of orders, and for performing the regulatory compliance checks
related to each of those functions. Specifically, the Exchange proposes
to amend the table in Rule 7.37(d) to specify that, with respect to
MEMX, the Exchange will receive a MEMX direct feed as its primary
source of data for order handling, order execution, order routing, and
regulatory compliance, and will use the SIP Data Feed as its secondary
source for data from MEMX.
    The Exchange proposes to make this change operative in the third
quarter of 2023, and, in any event, before September 30, 2023. The
Exchange proposes to announce the implementation date of this change by
Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Act,\3\ in general, and furthers the objectives of section 6(b)(5),\4\
in particular, because 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 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 that the
proposed rule change is consistent with the section 6(b)(5) requirement
that the rules of an exchange not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes its proposal to update the table in Rule
7.37(d) to include the MEMX direct feed will ensure that the Rule
correctly identifies and publicly states on a market-by-market basis
all of the specific SIP and proprietary data feeds that the Exchange
utilizes for the handling, execution, and routing of orders, and for
performing the regulatory compliance checks for each of those
functions. The proposed rule change also removes impediments to and
perfects the mechanism of a free and open market and protects investors
and the public interest by providing additional specificity, clarity,
and transparency in the Exchange's rules.

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. Rather, the Exchange
believes that the proposal will enhance competition because providing
the public and market participants with up-to-date information about
the data feeds the Exchange will use for the handling, execution, and
routing of orders, as well as for regulatory compliance would enhance
transparency and enable investors to better assess the quality of the
Exchange's execution and routing services. The Exchange also believes
the proposal would enhance competition because it would potentially
enhance the performance of its order handling and execution of orders
in equity securities by receiving market data directly from MEMX.
Finally, the proposed rule change would not impact competition between
market participants because it will affect all market participants
equally.

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 \5\ and Rule 19b-4(f)(6) thereunder.\6\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to section 19(b)(3)(A)

of the Act \7\ and Rule 19b-4(f)(6)(iii) thereunder.\8\
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    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 17 CFR 240.19b-4(f)(6).
    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
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.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \9\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \9\ 15 U.S.C. 78s(b)(2)(B).
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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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NYSECHX-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-NYSECHX-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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions. You should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSECHX-2023-11 and should
be submitted on or before July 7, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-12872 Filed 6-15-23; 8:45 am]
BILLING CODE 8011-01-P


123456789 10 11 A B C D E F G H I J K L M This file was created from the file titled " stratus. recloss. feb7. xls",

created by Dave Cacela on 2 7 2003.

In this version two estimates are presented for rec. forgone. catch. n. discounted0:

 the original values from 2 7 2003, which use % com and % rec assumptions developed from NFMS landings data  revised values, that use the NFMS based data for most species, but assume 50% rec, 50% comm for winter flounder, cod, scup, and pollock Tom Ottem Stratus Consulting 2/ 14/ 2003 12345678 A B C Variable Meaning losstype modality: Impingement( I) or entrainment( E)

region region species species rec. forgone. catch. n. discounted0 foregone recreational catch including augmentation for losses due to forage species losses ( undiscounted)

mean. rec. 3pct factor to use to translate into present value at 3% discount rate mean. rec. 7pct factor to use to translate into present value at 7% discount rate 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A B C D E losstype region species old. rec. forgone. catch. n. discounted0 rec. forgone. catch. n. discounted0 E atlantic. estuary atlantic. menhaden 20.73 20.73 E atlantic. estuary cunner 42,118.07 42,118.07 E atlantic. estuary rainbow. smelt 20.23 20.23 E atlantic. estuary scup 665.63 705.40 E atlantic. estuary tautog 14,514.88 14,514.88 E atlantic. estuary weakfish 55.06 55.06 E atlantic. estuary white. perch 2.73 2.73 E atlantic. estuary winter. flounder 28,754.19 259,496.98 I atlantic. estuary atlantic. cod 762.12 1,728.73 I atlantic. estuary atlantic. herring 0.54 0.54 I atlantic. estuary atlantic. mackerel 29.87 29.87 I atlantic. estuary atlantic. menhaden 9.98 9.98 I atlantic. estuary bluefish 362.45 362.45 I atlantic. estuary butterfish 1.69 1.69 I atlantic. estuary cunner 384.06 384.06 I atlantic. estuary pollock 16.72 66.96 I atlantic. estuary rainbow. smelt 0.76 0.76 I atlantic. estuary red. hake 0.69 0.69 I atlantic. estuary scup 63.70 67.50 I atlantic. estuary searobin 166.25 166.25 I atlantic. estuary striped. bass 17.86 17.86 I atlantic. estuary tautog 1,221.02 1,221.02 I atlantic. estuary weakfish 345.73 345.73 I atlantic. estuary white. perch 984.47 984.47 I atlantic. estuary winter. flounder 2,027.54 18,297.85 E atlantic. ocean american. plaice 2.99 2.99 E atlantic. ocean atlantic. cod 359.55 815.58 E atlantic. ocean atlantic. herring 14.55 14.55 E atlantic. ocean atlantic. mackerel 478.26 478.26 E atlantic. ocean atlantic. menhaden 3.97 3.97 E atlantic. ocean bluefish 240.10 240.10 E atlantic. ocean butterfish 0.58 0.58 E atlantic. ocean cunner 25,942.76 25,942.76 E atlantic. ocean pollock 26.40 105.68 E atlantic. ocean rainbow. smelt 32.45 32.45 E atlantic. ocean red. hake 3.43 3.43 E atlantic. ocean searobin 1,986.64 1,986.64 E atlantic. ocean tautog 1,037.37 1,037.37 E atlantic. ocean winter. flounder 4,101.57 37,015.26 I atlantic. ocean american. plaice 0.00 0.00 I atlantic. ocean atlantic. cod 37.64 85.38 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 F G H I mean. rec. 3pct mean. rec. 7pct weighted. regional. benefit rec. forgone. catch. n. benefits. at0pct 0.92 0.84 0.34 7.02823275 0.91 0.81 0.34 14278.02573 0.95 0.89 0.34 6.85893276 0.87 0.73 0.34 239.1301672 0.71 0.46 0.34 4920.54432 0.91 0.81 0.34 18.66526203 0.89 0.77 0.34 0.92458521 0.88 0.75 0.34 87969.47669 0.93 0.85 0.22 380.3209605 0.94 0.88 0.22 0.119638684 0.93 0.85 0.22 6.5714132 0.95 0.89 0.22 2.19571836 0.96 0.92 0.22 79.738164 0.99 0.98 0.22 0.37174368 0.94 0.86 0.22 84.49298 0.91 0.80 0.22 14.7303441 0.98 0.95 0.22 0.167965446 0.97 0.92 0.22 0.151015172 0.90 0.78 0.22 14.85034156 0.95 0.90 0.22 36.574758 0.87 0.74 0.22 3.9294838 0.73 0.49 0.22 268.6244 0.94 0.87 0.22 76.061656 0.92 0.83 0.22 216.582366 0.91 0.80 0.22 4025.528034 0.89 0.77 0.00 0 0.91 0.80 0.00 0 0.92 0.82 0.00 0 0.90 0.79 0.00 0 0.92 0.83 0.00 0 0.93 0.86 0.00 0 0.95 0.90 0.00 0 0.91 0.81 0.00 0 0.88 0.75 0.00 0 0.94 0.87 0.00 0 0.94 0.86 0.00 0 0.92 0.84 0.00 0 0.92 0.83 0.00 0 0.88 0.75 0.00 0 0.92 0.83 0.00 0 0.93 0.85 0.00 0 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 A B C D E I atlantic. ocean atlantic. herring 12.46 12.46 I atlantic. ocean atlantic. mackerel 15.83 15.83 I atlantic. ocean atlantic. menhaden 5.97 5.97 I atlantic. ocean blueback. herring 0.05 0.05 I atlantic. ocean bluefish 29.85 29.85 I atlantic. ocean butterfish 0.10 0.10 I atlantic. ocean cunner 80.31 80.31 I atlantic. ocean little. skate 0.32 0.32 I atlantic. ocean pollock 64.94 260.01 I atlantic. ocean rainbow. smelt 0.61 0.61 I atlantic. ocean red. hake 2.35 2.35 I atlantic. ocean scup 50.73 53.76 I atlantic. ocean searobin 34.60 34.60 I atlantic. ocean striped. bass 77.44 77.44 I atlantic. ocean tautog 103.07 103.07 I atlantic. ocean white. perch 5.00 5.00 I atlantic. ocean winter. flounder 98.95 893.03 E calif. estuary cabezon 3.23 3.23 E calif. estuary california. halibut 114.31 114.31 E calif. estuary croakers 0.06 0.06 E calif. estuary flounders 4.48 4.48 E calif. estuary rockfishes 4.87 4.87 E calif. estuary sculpins 4,171.08 4,171.08 E calif. estuary silversides 632.11 632.11 E calif. estuary smelts 2.19 2.19 E calif. estuary striped. bass 185,080.40 185,080.40 I calif. estuary cabezon 134.13 134.13 I calif. estuary croakers 853.75 853.75 I calif. estuary flounders 107.66 107.66 I calif. estuary rockfishes 18,514.40 18,514.40 I calif. estuary sculpins 6,537.38 6,537.38 I calif. estuary silversides 78,112.71 78,112.71 I calif. estuary smelts 211.95 211.95 I calif. estuary striped. bass 72,350.23 72,350.23 I calif. estuary surfperches 182,117.60 182,117.60 E calif. ocean cabezon 23.62 23.62 E calif. ocean california. halibut 1,135.57 1,135.57 E calif. ocean croakers 0.18 0.18 E calif. ocean flounders 10.03 10.03 E calif. ocean rockfishes 116.04 116.04 E calif. ocean sculpins 27,714.50 27,714.50 E calif. ocean silversides 25.80 25.80 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 F G H I 0.94 0.88 0.00 0 0.93 0.85 0.00 0 0.95 0.89 0.00 0 0.90 0.79 0.00 0 0.96 0.92 0.00 0 0.98 0.96 0.00 0 0.94 0.86 0.00 0 0.97 0.93 0.00 0 0.91 0.80 0.00 0 0.97 0.93 0.00 0 0.97 0.92 0.00 0 0.94 0.87 0.00 0 0.95 0.90 0.00 0 0.87 0.74 0.00 0 0.95 0.89 0.00 0 0.88 0.75 0.00 0 0.90 0.80 0.00 0 0.87 0.72 0.06 0.187242096 0.81 0.62 0.06 6.629864 0.86 0.71 0.06 0.003577025 0.94 0.88 0.06 0.25962772 0.79 0.58 0.06 0.282421778 0.95 0.90 0.06 241.922524 0.91 0.81 0.06 36.662409 0.95 0.90 0.06 0.126957476 0.86 0.72 0.06 10734.6632 0.89 0.77 0.80 107.30776 0.89 0.76 0.80 683.00024 0.97 0.94 0.80 86.128 0.81 0.63 0.80 14811.52 0.98 0.96 0.80 5229.9072 0.94 0.87 0.80 62490.168 0.98 0.96 0.80 169.55944 0.89 0.77 0.80 57880.184 0.94 0.86 0.80 145694.08 0.87 0.72 0.58 13.7225809 0.81 0.62 0.58 659.76617 0.86 0.71 0.58 0.10512399 0.94 0.88 0.58 5.82721503 0.79 0.58 0.58 67.4188914 0.95 0.90 0.58 16102.1245 0.91 0.81 0.58 14.989219 85 86 87 88 89 90 91 92 93 94 A B C D E E calif. ocean smelts 2.50 2.50 I calif. ocean cabezon 2.75 2.75 I calif. ocean croakers 73.57 73.57 I calif. ocean flounders 4.90 4.90 I calif. ocean rockfishes 281.92 281.92 I calif. ocean sculpins 47.85 47.85 I calif. ocean silversides 59.83 59.83 I calif. ocean surfperches 492.12 492.12 scaled. reclosses comyield. ssc Fri Feb 07 12: 36: 21 MST 2003 C:/ projects/ intake4/ intake4. IE. results/ feb06/ wordperf. tables/ recloss2. csv ORIGINAL RESULTS FROM 2/ 7/ 2003 REVISED RESULTS FROM 2/ 14/ 200 85 86 87 88 89 90 91 92 93 94 F G H I 0.95 0.90 0.58 1.454125638 0.89 0.77 0.78 2.142651964 0.89 0.76 0.78 57.30725185 0.97 0.94 0.78 3.815411907 0.81 0.63 0.78 219.6152905 0.98 0.96 0.78 37.27514221 0.94 0.87 0.78 46.60802961 0.94 0.86 0.78 383.3617916 3


[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Rules and Regulations]
[Page 55053]
[FR Doc No: 2017-25021]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0517; FRL 9971-05-Region 7]

State of Iowa; Withdrawal of Direct Final Rule; Elements of the
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate
Matter (PM2.5) National Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to an adverse comment, the Environmental Protection Agency
(EPA) is withdrawing the direct final rule for ``Approval of
Implementation Plans; State of Iowa; Elements of the Infrastructure SIP
Requirements for the 2012 Annual Fine Particulate Matter
(PM2.5) National Ambient Air Quality Standard (NAAQS)''
published in the Federal Register on September 29, 2017. Infrastructure
SIPs address the applicable requirements of Clean Air Act (CAA) section
110, which requires that each state adopt and submit a SIP for the
implementation, maintenance, and enforcement of each new or revised
NAAQS promulgated by the EPA. These SIPs are commonly referred to as
``infrastructure'' SIPs. The infrastructure requirements are designed
to ensure that the structural components of each state's air quality
management program are adequate to meet the state's responsibilities
under the CAA.

DATES: The direct final rule published at 82 FR 45479, September 29,
2017, is withdrawn effective November 20, 2017.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Due to an adverse comment, EPA is
withdrawing the direct final rule to approve revisions to the Iowa
State Implementation Plan (SIP). In the direct final rule published on
September 29, 2017, (82 FR 45479), we stated that if we received
adverse comment by October 30, 2017, the rule would be withdrawn and
not take effect. EPA received an adverse comment. EPA will address the
comment in a subsequent final action based upon the proposed action
also published on September 29, 2017 (82 FR 45550). EPA will not
institute a second comment period on this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: November 9, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
Accordingly, the direct final rule published at 82 FR 45479, September
29, 2017, is withdrawn effective November 20, 2017.

[FR Doc. 2017-25021 Filed 11-17-17; 8:45 am]
BILLING CODE 6560-50-P


August 17, 2004 Meeting with Drexel Chemical Company to Discuss Diazinon Labels Representatives from Drexel Chemical Company met with SRRD today to discuss label clarifications pertaining to the maximum of one application per season that is being allowed for certain crops as a result of mitigation in the diazinon IRED. Specifically, Drexel wanted information on what a maximum of one application per season for certain crops will mean to growers who use diazinon for control of multiple pests. SRRD also provided guidance on how this information could be expressed on the label.

Present were: Stephanie Plummer and Larry Schnaubelt of EPA and Luz Chan and Roy Olson of Drexel Chemical Company.