[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Notice]
[Page 50431-50435]
[DOCID:fr31au07-154]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56329; File No. SR-NYSEArca-2007-75]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change and Amendment No. 1 Thereto to Expand the
Trading Hours of Certain Exchange-Traded Funds

August 28, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder, \2\ notice is hereby given
that on July 30, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), 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 substantially prepared by the
Exchange. On August 22, 2007, the Exchange submitted Amendment No. 1 to
the proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, 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 expand the trading hours of securities of
certain exchange-traded funds (``ETFs'') identified herein to include
all three Exchange trading sessions (Opening, Core Trading, and Late
Trading Sessions). The text of the proposed rule change is available at
the Exchange, the Commission's Public Reference Room, and http://
www.nyse.com.

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

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

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

1. Purpose
    NYSE Arca Equities Rule 7.34 provides for three trading sessions on
the NYSE Arca Marketplace each day that NYSE Arca Equities is open for
business: (1) An Opening Session (4 a.m. to 9:30 a.m. Eastern Time or
``ET''); (2) a Core Trading Session (9:30 a.m. to 4 p.m. ET); and (3) a
Late Trading Session (4 p.m. to 8 p.m. ET). The Core Trading Session
for securities described in NYSE Arca Equities Rules 5.2(j)(3), 8.100,
8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 currently concludes at
4:15 p.m. ET. \3\
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    \3\ NYSE Arca Equities Rules 5.2(j)(3), 8.100, 8.200, 8.201,
8.202, 8.203, 8.300, and 8.400 relate to Investment Company Units,
Portfolio Depositary Receipts, Trust Issued Receipts, Commodity-
Based Trust Shares, Currency Trust Shares, Commodity Index Trust
Shares, Partnership Units, and Paired Trust Shares, respectively.
See Securities Exchange Act Release No. 54997 (December 21, 2006),
71 FR 78501 (December 29, 2006) (SR-NYSEArca-2006-77) (establishing
hours of trading for securities of certain ETFs).
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    NYSE Arca proposes to expand the trading hours of securities of the
ETFs identified below to include all three Exchange trading sessions.
The Commission previously approved proposals to list and trade and to
trade pursuant to unlisted trading privileges (``UTP'') the securities
of such ETFs. The following ETFs are listed in reverse chronological
order based on the dates of the Commission's approval orders, in one,
but not all three, of the Exchange's trading sessions:
     the PowerShares DB U.S. Dollar Index Bullish Fund and the
PowerShares DB U.S. Dollar Index Bearish Fund; \4\
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    \4\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Commentary .02 to Rule 8.200 during the Core
Trading Session. See Securities Exchange Act Release No. 55484
(March 16, 2007), 72 FR 13847 (March 23, 2007) (SR-NYSEArca-2006-
67).

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     the PowerShares DB Energy Fund, the PowerShares DB Oil
Fund, the PowerShares DB Precious Metals Fund, the PowerShares DB Gold
Fund, the PowerShares DB Silver Fund, the PowerShares DB Base Metals
Fund, and the PowerShares DB Agriculture Fund; \5\
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    \5\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Commentary .02 to Rule 8.200 during the Core
Trading Session (except for the PowerShares DB Base Metals Fund,
which was approved for trading during the Late Session as well). See
Securities Exchange Act Release No. 55453 (March 13, 2007) 72 FR
13333 (March 21, 2007) (SR-NYSEArca-2006-62).
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     81 ETFs of the ProShares Trust, including certain Ultra
Funds, Short Funds, and Ultra Short Funds: (1) Ultra Russell 2000
ProShares (f/k/a Ultra Russell 2000); (2) Ultra S&P SmallCap 600
ProShares (f/k/a Ultra S&P SmallCap 600); (3) Ultra S&P500/Citigroup
Value; (4) Ultra S&P500/Citigroup Growth; (5) Ultra S&P MidCap 400/
Citigroup Value; (6) Ultra S&P MidCap 400/Citigroup Growth; (7) Ultra
S&P SmallCap 600/Citigroup Value; (8) Ultra S&P SmallCap 600/Citigroup
Growth; (9) Ultra Basic Materials ProShares (f/k/a Ultra Basic
Materials); (10) Ultra Consumer Goods ProShares (f/k/a Ultra Consumer
Goods); (11) Ultra Consumer Services ProShares (f/k/a Ultra Consumer
Services); (12) Ultra Financials ProShares (f/k/a Ultra Financials);
(13) Ultra Health Care ProShares (f/k/a Ultra Health Care); (14) Ultra
Industrials ProShares (f/k/a Ultra Industrials); (15) Ultra Oil & Gas
ProShares (f/k/a Ultra Oil & Gas); (16) Ultra Real Estate ProShares (f/
k/a Ultra Real Estate); (17) Ultra Semiconductors ProShares (f/k/a
Ultra Semiconductors); (18) Ultra Technology ProShares (f/k/a Ultra
Technology); (19) Ultra Utilities ProShares (f/k/a Ultra Utilities);
(20) Ultra Russell Midcap Index; (21) Ultra Russell Midcap Growth
ProShares (f/k/a Ultra Russell Midcap Growth Index); (22) Ultra Russell
Midcap Value ProShares (f/k/a Ultra Russell Midcap Value Index); (23)
Ultra Russell 1000 Index; (24) Ultra Russell 1000 Growth ProShares (f/
k/a Ultra Russell 1000 Growth Index); (25) Ultra Russell 1000 Value
ProShares (f/k/a Ultra Russell 1000 Value Index); (26) Ultra Russell
2000 Growth ProShares (f/k/a Ultra Russell 2000 Growth Index); (27)
Ultra Russell 2000 Value ProShares (f/k/a Ultra Russell 2000 Value
Index); (28) Short Russell 2000 ProShares (f/k/a Short Russell 2000);
(29) Short S&P SmallCap 600 ProShares (f/k/a Short S&P SmallCap 600);
(30) Short S&P500/Citigroup Value; (31) Short S&P500/Citigroup Growth;
(32) Short S&P MidCap 400/Citigroup Value; (33) Short S&P MidCap 400/
Citigroup Growth; (34) Short S&P SmallCap 600/Citigroup Value; (35)
Short S&P SmallCap 600/Citigroup Growth; (36) Short Basic Materials;
(37) Short Consumer Goods; (38) Short Consumer Services; (39) Short
Financials; (40) Short Health Care; (41) Short Industrials; (42) Short
Oil & Gas; (43) Short Real Estate; (44) Short Semiconductors; (45)
Short Technology; (46) Short Utilities; (47) Short Russell Midcap
Index; (48) Short Russell Midcap Growth Index; (49) Short Russell
Midcap Value Index; (50) Short Russell 1000 Index; (51) Short Russell
1000 Growth Index; (52) Short Russell 1000 Value Index; (53) Short
Russell 2000 Growth Index; (54) Short Russell 2000 Value Index; (55)
UltraShort Russell 2000 ProShares (f/k/a UltraShort Russell 2000); (56)
UltraShort S&P SmallCap 600; (57) UltraShort S&P500/Citigroup Value;
(58) UltraShort S&P500/Citigroup Growth; (59) UltraShort S&P MidCap
400/Citigroup Value; (60) UltraShort S&P MidCap 400/Citigroup Growth;
(61) UltraShort S&P SmallCap 600/Citigroup Value; (62) UltraShort S&P
SmallCap 600/Citigroup Growth; (63) UltraShort Basic Materials
ProShares (f/k/a UltraShort Basic Materials); (64) UltraShort Consumer
Goods ProShares (f/k/a UltraShort Consumer Goods); (65) UltraShort
Consumer Services ProShares (f/k/a UltraShort Consumer Services); (66)
UltraShort Financials ProShares (f/k/a UltraShort Financials); (67)
UltraShort Health Care ProShares (f/k/a UltraShort Health Care); (68)
UltraShort Industrials ProShares (f/k/a UltraShort Industrials); (69)
UltraShort Oil & Gas ProShares (f/k/a UltraShort Oil & Gas); (70)
UltraShort Real Estate ProShares (f/k/a UltraShort Real Estate); (71)
UltraShort Semiconductors ProShares (f/k/a UltraShort Semiconductors);
(72) UltraShort Technology ProShares (f/k/a UltraShort Technology);
(73) UltraShort Utilities ProShares (f/k/a UltraShort Utilities); (74)
UltraShort Russell Midcap Index; (75) UltraShort Russell Midcap Growth
ProShares (f/k/a UltraShort Russell Midcap Growth Index); (76)
UltraShort Russell Midcap Value ProShares (f/k/a UltraShort Russell
Midcap Value Index); (77) UltraShort Russell 1000 Index; (78)
UltraShort Russell 1000 Growth ProShares (f/k/a UltraShort Russell 1000
Growth Index); (79) UltraShort Russell 1000 Value ProShares (f/k/a
UltraShort Russell 1000 Value Index); (80) UltraShort Russell 2000
Growth ProShares (f/k/a UltraShort Russell 2000 Growth Index); and (81)
UltraShort Russell 2000 Value ProShares (f/k/a UltraShort Russell 2000
Value Index); \6\
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    \6\ These ETFs of the ProShares Trust were approved for trading
on the Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core
and Late Trading Sessions. See Securities Exchange Act Release No.
55125 (January 18, 2007), 72 FR 3462 (January 25, 2007) (SR-
NYSEArca-2006-87). Some of the ETFs of the ProShares Trust listed
above are not currently trading because they have not yet been
launched.
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     the SPD [reg] \7\ DJ Global Titans ETF (f/k/a the
streetTRACKS Dow Jones Global Titans Index Fund);\8\
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    \7\ SPDR [reg] is a registered trademark of The McGraw-Hill
Companies, Inc.
    \8\ This ETF was approved for trading on the Exchange pursuant
to UTP under Rule 5.2(j)(3) during the Core and Late Trading
Sessions. See Securities Exchange Act Release No. 55085 (January 11,
2007), 72 FR 2717 (January 22, 2007) (SR-NYSEArca-2006-37).
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     the iShares [reg] \9\ MSCI Emerging Markets Index Fund;
\10\
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    \9\ iShares[reg] is a registered trademark of Barclays Global
Investors, N.A.
    \10\ This ETF was approved for trading on the Exchange pursuant
to UTP under Rule 5.2(j)(3) during the Core and Late Trading
Sessions. See Securities Exchange Act Release No. 55083 (January 10,
2007), 72 FR 2322 (January 18, 2007) (SR-NYSEArca-2006-39).
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     the iShares S&P Global Energy Sector Index Fund, iShares
S&P Global Financials Sector Index Fund, iShares S&P Global Health Care
Sector Index Fund, iShares S&P Global Telecommunications Sector Index
Fund, iShares S&P Global Information Technology Sector Index Fund,
iShares S&P Latin America 40 Index Fund, and iShares MSCI EAFE Index
Fund; \11\
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    \11\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 55053
(January 5, 2007), 72 FR 1794 (January 16, 2007) (SR-NYSEArca-2006-
38).
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     the Claymore MACROshares Oil Up Tradeable Shares and the
Claymore MACROshares Oil Down Tradeable Shares; \12\
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    \12\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 8.400 during the Core Trading Session.
See Securities Exchange Act Release No. 55033 (December 29, 2006) 72
FR 1253 (January 10, 2007) (SR-NYSEArca-2006-75).
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     the DJ STOXX 50 ETF (f/k/a the streetTRACKS Dow Jones
STOXX 50 Fund) and the DJ Euro STOXX 50 ETF (f/k/a the streetTRACKS Dow
Jones EURO STOXX 50 Fund); \13\
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    \13\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 55032
(December 29, 2006), 72 FR 1042 (January 9, 2007) (SR-NYSEArca-2006-
36).
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     the iShares S&P Global 100 Index Fund; \14\
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    \14\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 55019
(December 28, 2006), 72 FR 1047 (January 9, 2007) (SR-NYSEArca-2006-
35).

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     the iShares MSCI Belgium Index Fund, iShares MSCI France
Index Fund, iShares MSCI Italy Index Fund, iShares MSCI Netherlands
Index Fund, iShares MSCI Spain Index Fund, iShares MSCI Sweden Index
Fund, iShares MSCI Switzerland Index Fund, and iShares MSCI United
Kingdom Index Fund; \15\
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    \15\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 55017
(December 28, 2006), 72 FR 1044 (January 9, 2007) (SR-NYSEArca-2006-
34).
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     the iShares S&P Europe 350 Index Fund; \16\
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    \16\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 55004
(December 22, 2006), 72 FR 173 (January 3, 2007) (SR-NYSEArca-2006-
33).
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     the iShares MSCI Brazil Index Fund and iShares MSCI South
Africa Index Fund; \17\
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    \17\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 55002
(December 21, 2006), 71 FR 78503 (December 29, 2006) (SR-NYSEArca-
2006-32).
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     the iShares S&P Global Consumer Discretionary Sector Index
Fund, iShares S&P Global Consumer Staples Sector Index Fund, iShares
S&P Global Industrials Sector Index Fund, iShares S&P Global Utilities
Sector Index Fund, and iShares S&P Global Materials Sector Index Fund;
\18\
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    \18\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 54473
(September 20, 2006), 71 FR 56204 (September 26, 2006) (SR-NYSEArca-
2006-60).
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     the PowerShares DB G10 Currency Harvest Fund; \19\
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    \19\ This ETF was approved for trading on the Exchange pursuant
to UTP under Commentary .02 to Rule 8.200 during the Core Trading
Session. See Securities Exchange Act Release No. 54569 (October 4,
2006), 71 FR 60594 (October 13, 2006) (SR-NYSEArca-2006-64).
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     the UltraShort S&P 500 ProShares (f/k/a Ultra Short 500
Fund, UltraShort QQQ ProShares (f/k/a Ultra Short 100 Fund), UltraShort
Dow 30 ProShares (f/k/a Ultra Short 30 Fund), and UltraShort Mid-Cap
400 ProShares (f/k/a Ultra Short Mid-Cap 400 Fund); \20\
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    \20\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 54045
(June 26, 2006), 71 FR 37971 (July 3, 2006) (SR-PCX-2005-115).
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     the Ultra S&P 500 ProShares (f/k/a Ultra 500 Fund), Ultra
QQQ ProShares (f/k/a Ultra 100 Fund), Ultra Dow 30 ProShares (f/k/a
Ultra 30 Fund), Ultra Mid-Cap 400 ProShares (f/k/a Ultra Mid-Cap 400
Fund), Short S&P 500 ProShares (f/k/a Short 500 Fund), Short QQQ
ProShares (f/k/a Short 100 Fund), Short Dow 30 ProShares (f/k/a Short
30 Fund), and Short Mid-Cap 400 ProShares (f/k/a Short Mid-Cap 400
Fund); \21\
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    \21\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 54026
(June 21, 2006), 71 FR 36850 (June 28, 2006) (SR-PCX-2005-115).
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     the following ETFs of the WisdomTree Trust: (1) WisdomTree
Europe Total Dividend Fund; (2) WisdomTree Europe High-Yielding Equity
Fund; (3) WisdomTree Japan Total Dividend Fund; (4) WisdomTree Japan
High-Yielding Equity Fund; (5) WisdomTree DIEFA Fund; (6) WisdomTree
DIEFA High Yielding Equity Fund; (7) WisdomTree Pacific ex-Japan Total
Dividend Fund; (8) WisdomTree Pacific ex-Japan High-Yielding Equity
Fund; (9) WisdomTree International LargeCap Dividend Fund; (10)
WisdomTree International MidCap Dividend Fund; (11) WisdomTree
International SmallCap Dividend Fund; (12) WisdomTree International
Dividend Top 100 Fund; (13) WisdomTree Europe Dividend Top 100 Fund;
(14) WisdomTree Europe SmallCap Dividend Fund; (15) WisdomTree Japan
SmallCap Dividend Fund; (16) WisdomTree International Consumer Non-
Cyclical Sector Fund; (17) WisdomTree International Basic Materials
Sector Fund; (18) WisdomTree International Communications Sector Fund;
(19) WisdomTree International Consumer Cyclical Sector Fund; (20)
WisdomTree International Energy Sector Fund; (21) WisdomTree
International Financial Sector Fund; (22) WisdomTree International
Healthcare Sector Fund; (23) WisdomTree International Industrial Sector
Fund; (24) WisdomTree International Technology Sector Fund; (25)
WisdomTree International Utilities Sector Fund; (26) WisdomTree
Emerging Markets Total Dividend Fund; (27) WisdomTree Emerging Markets
High-Yielding Equity Fund; (28) WisdomTree Emerging Markets Dividend
Top 100 Fund; (29) WisdomTree Latin America Dividend Fund; (30)
WisdomTree Asia Emerging Markets Total Dividend Fund; (31) WisdomTree
Asia Emerging Markets High-Yielding Equity Fund; (32) WisdomTree China
Dividend Fund; (33) WisdomTree Hong Kong Dividend Fund; and (34)
WisdomTree Singapore Dividend Fund; \22\
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    \22\ These ETFs were approved for trading on the Exchange
pursuant to UTP under Rule 5.2(j)(3) during the Core and Late
Trading Sessions. See Securities Exchange Act Release No. 53999
(June 15, 2006), 71 FR 35981 (June 22, 2006) (SR-NYSEArca-2006-30).
Some of the ETFs of the WisdomTree Trust are not currently trading
because they have not yet been launched.
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     the iShares GSCI Commodity-Indexed Trust; \23\
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    \23\ This ETF was approved for trading on the Exchange pursuant
to UTP under Rule 8.203 during the Core Trading Session. See
Securities Exchange Act Release No. 54025 (June 21, 2006), 71 FR
36856 (June 28, 2006) (SR-NYSEArca-2006-12).
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     the United States Oil Fund, LP; \24\
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    \24\ This ETF was approved for trading on the Exchange pursuant
to UTP under Rule 8.300 during the Core Trading Session. See
Securities Exchange Act Release No. 53875 (May 25, 2006), 71 FR
32164 (June 2, 2006) (SR-NYSEArca-2006-11).
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     the PowerShares DB Commodity Index Tracking Fund (f/k/a
the DB Commodity Index Tracking Fund); \25\
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    \25\ This ETF was approved for trading on the Exchange pursuant
to UTP under Commentary .02 to Rule 8.200 during the Core Trading
Session. See Securities Exchange Act Release No. 53736 (April 27,
2006), 71 FR 26582 (May 5, 2006) (SR-PCX-2006-22).
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     the iShares Silver Trust; \26\
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    \26\ This ETF was approved for trading on the Exchange pursuant
to UTP under Rule 8.201 during the Core Trading Session. See
Securities Exchange Act Release No. 53520 (March 20, 2006), 71 FR
14977 (March 24, 2006) (SR-PCX-2005-117).
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     iShares MSCI Australia Index Fund, iShares MSCI Austria
Index Fund, iShares MSCI Canada Index Fund, iShares MSCI EMU Index
Fund, iShares MSCI Germany Index Fund, and iShares MSCI Mexico Index
Fund; \27\
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    \27\ These ETFs were approved for listing and trading on the
Exchange under Rule 5.2(j)(3) during the Core and Late Trading
Sessions. See Securities Exchange Act Release No. 53230 (February 6,
2006), 71 FR 7594 (February 13, 2006) (SR-PCX-2005-116).
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     the Vanguard European ETF (f/k/a the Vanguard MSCI Europe
Index Fund), the Vanguard Pacific ETF (f/k/a the Vanguard MSCI Pacific
Index Fund), and the Vanguard Emerging Markets ETF (f/k/a the Vanguard
MSCI Emerging Markets Select Index Fund); \28\ and
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    \28\ These ETFs were originally approved for trading on the
Exchange pursuant to UTP under Rule 5.2(j)(3) during the Core
Trading Session. See Securities Exchange Act Release No. 52221
(August 8, 2005), 70 FR 48222 (August 16, 2005) (SR-PCX-2005-74).
The Exchange expanded the hours during which these ETFs were
eligible to trade to include the Late Trading Session in December
2005. See Securities Exchange Act Release No. 52927 (December 8,
2005), 70 FR 74397 (December 15, 2005) (SR-PCX-2005-128).
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     the iShares COMEX Gold Trust.\29\
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    \29\ This ETF was approved for UTP trading on the Exchange under
Rule 8.201 during the Core Trading Session. See Securities Exchange
Act Release No. 51067 (January 21, 2005), 70 FR 3952 (January 27,
2005) (SR-PCX-2004-132). This ETF was subsequently approved for
listing and trading in all three Exchange trading sessions upon
transfer of the listing to the Exchange. See Securities Exchange Act
Release No. 56041 (July 11, 2007), 72 FR 39114 (July 17, 2007) (SR-
NYSEArca-2007-43). Pursuant to this proposal, the Exchange seeks to
trade the securities of this ETF in all three trading sessions prior
to the transfer of the listing.
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    In support of this proposed rule change, the Exchange states that
the representations in the approval orders

for the foregoing ETFs, as summarized below, continue to apply with
respect to trading during the Core and Late Trading Sessions:
    1. The Exchange has appropriate rules to facilitate transactions in
shares of the above ETFs during all trading sessions. The Exchange
deems such shares to be equity securities, thus rendering trading in
such shares subject to the Exchange's existing rules governing the
trading of equity securities.
    2. The Exchange's surveillance procedures are adequate to properly
monitor trading of shares of the above ETFs in all trading
sessions.\30\
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    \30\ The Exchange states that it may obtain information via the
Intermarket Surveillance Group (``ISG'') from other exchanges who
are members or affiliate members of ISG. In addition, as referenced
in the applicable approval orders, the Exchange has in place
information sharing agreements with the relevant exchange(s).
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    3. The Exchange has distributed an Information Bulletin to Equity
Trading Permit (``ETP'') Holders prior to the commencement of trading
of the shares of the above ETFs on the Exchange that explains the
terms, characteristics, and risks of trading such shares. In addition,
the Exchange states that it will distribute an Information Bulletin
that explains the terms, characteristics, and risks of trading the
shares of the above ETFs that have not yet been launched to ETP Holders
prior to the commencement of trading of such shares.
    4. The Exchange will require ETP Holders with a customer who
purchases newly issued shares of the above ETFs in any trading session
on the NYSE Arca Marketplace to provide that customer with a product
description, if available, or a prospectus, and has noted this delivery
requirement in the Information Bulletin.
    5. When the Exchange is the UTP trading market, the Exchange will
cease trading in the shares of ETFs during all trading sessions if (a)
the listing market stops trading the shares, or (b) the listing market
delists the shares. Additionally, the Exchange may cease trading the
shares if such other event shall occur or condition exists which, in
the opinion of the Exchange, makes further dealings on the Exchange
inadvisable. UTP trading in the shares of ETFs is also governed by the
trading halt provisions of NYSE Arca Equities Rule 7.34 relating to
temporary interruptions in the calculation or wide dissemination of the
Intraday Indicative Value (``IIV'') \31\ or the value of the underlying
index or other applicable underlying benchmark. ETF shares will be
traded following a trading halt in accordance with NYSE Arca Equities
Rule 7.35(f).
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    \31\ The IIV is also sometimes referred to as the Indicative
Optimized Portfolio Value (``IOPV''), the Indicative Fund Value
(``IFV''), the Indicative Trust Value (``ITV''), and the Indicative
Partnership Value (``IPV''), depending upon the type of ETF being
traded and the terminology used in the Commission approval orders.
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    6. When the Exchange is the listing market, the Exchange may
consider all relevant factors in exercising its discretion to halt or
suspend trading in the shares of an ETF. Trading may be halted because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the shares inadvisable. Factors for consideration may
include (a) the extent to which trading is not occurring in the
securities or other instruments underlying an ETF, or (b) whether other
unusual conditions or circumstances detrimental to the maintenance of a
fair and orderly market are present. In addition, trading in the shares
of listed ETFs are subject to trading halts caused by extraordinary
market volatility pursuant to the Exchange's ``circuit breaker'' rule
(NYSE Arca Equities Rule 7.12) or by the halt or suspension of trading
of the underlying securities or other instruments underlying an ETF. If
the IIV or the index value applicable to a series of shares is not
being disseminated as required, the Exchange may halt trading during
the day in which the interruption to the dissemination of the IIV or
the index value occurs. If the interruption to the dissemination of the
IIV or the index value persists past the trading day in which it
occurred, the Exchange will halt trading no later than the beginning of
the trading day following the interruption.
    7. The IIV and/or index value (or value of the underlying asset or
instrument, if not an index) will continue to be disseminated during
all three trading sessions, to the extent the relevant approval order
provides for this dissemination requirement.
    The Exchange intends to distribute to its ETP Holders and make
available on its Web site a Regulatory Information Bulletin titled
``Exchange-Traded Funds--Extended Trading Hours'' that discloses and
discusses, among other things, the following: (1) The underlying index
value may not be updated during the Core and Late Trading Sessions; (2)
the IIV may not be updated during the Core and Late Trading Sessions;
(3) commodity and currency spot prices are available in the Core and
Late Trading Sessions, but commodity and currency futures prices
generally will not be available in the Core and Late Trading Sessions;
\32\ (4) lower liquidity in the Core and Late Trading Sessions may
impact pricing; (5) higher volatility in the Core and Late Trading
Sessions may impact pricing; (6) wider spreads may occur in the Core
and Late Trading Sessions; (7) required customer disclosures; \33\ (8)
the circumstances that trigger trading halts; and (9) suitability
requirements. The Exchange recently amended NYSE Arca Equities Rule
7.34(e) to require ETP Holders to disclose additional risks associated
with extended hours trading in new derivative securities products to
customers.\34\
---------------------------------------------------------------------------

    \32\ The Exchange states that, in certain cases, the futures or
options markets for a particular commodity may be closed during part
of the Core Trading Session, and the IIV would be static for that
particular future or options price, but widely disseminated. In
addition, the prices of certain futures contracts in commodities
(e.g., gold) and currencies are available on a 24-hour basis.
    \33\ See infra note 34.
    \34\ See Securities Exchange Act Release No. 56270 (August 15,
2007), 72 FR 47109 (August 22, 2007) (SR-NYSEArca-2007-74).
Specifically, the Exchange requires ETP Holders to disclose to their
non-ETP Holder customers that an updated underlying index value or
IIV may not be calculated or publicly disseminated during extended
trading hours. Since the IIV is not calculated or widely
disseminated during the Opening and Late Trading Sessions, an
investor who is unable to calculate an implied value for a
derivative securities product in those sessions may be at a
disadvantage to market professionals. The Exchange believes that
requiring ETP Holders to disclose this risk to non-ETP Holders will
facilitate informed participation in extended hours trading.
---------------------------------------------------------------------------

    The Exchange notes that if the official index value does not change
during some or all of the period when trading is occurring on the
Exchange (for example, because of time zone differences or holidays in
countries where the index component stocks trade), then the last
calculated official index value must remain available throughout
Exchange trading hours. Similarly, if the IIV does not change during
any portion of Exchange trading hours, then the last official
calculated IIV must remain available throughout Exchange trading hours.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\35\ in general, and furthers the objectives of Section
6(b)(5),\36\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the

mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78f(b).
    \36\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange believes the proposed rule change will impose no
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange states that 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

    Within 35 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 NYSE Arca consents, the Commission will:
    A. By order approve 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2007-75 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-75. This
file number should be included on the subject line if e-mail 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 inspection
and copying 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. 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-NYSEArca-2007-75 and should
be submitted on or before September 21, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\37\
---------------------------------------------------------------------------

    \37\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E7-17376 Filed 8-30-07; 8:45 am]

BILLING CODE 8010-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 10, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16213

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Air China Limited d/b/a Air China					Date Filed:  October
21, 2004

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to engage in
scheduled foreign air transportation of persons, property and mail, in
combination or separately, between any point or points in the People’s
Republic of China, on the one hand, and any point or points in the
United States, on the other hand, under a code-share arrangement with
United Air Lines, Inc.

If renewal, date and citation of last action:  October 24, 2003, in this
docket

Applicant representatives:   George N. Tompkins, Jr.<PHONE_NUMBER>

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None

DISPOSITION

Action:  Approved								Action date:  November 10, 2004

Effective dates of authority granted:  November 10, 2004 – November
10, 2005

Basis for approval (bilateral agreement/reciprocity):  Aviation
agreement between the United States and the

People’s Republic of China

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

     X   Standard exemption conditions (attached)           X    Foreign
air carrier permit conditions (Order 92-11-7)

      X   Code-share conditions previously imposed on Air China Limited
and United Air Lines in this docket.

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 At the time of our last grant of authority in this docket, the
applicant was known as Air China International Corp. d/b/a Air China.
By letter dated October 26, 2004, the Department acknowledged
registration of the applicant’s name change to Air China Limited d/b/a
Air China.

05/2004


[Federal Register: March 10, 2010 (Volume 75, Number 46)]
[Notices]
[Page 11175-11178]
[DOCID:fr10mr10-88]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0096; FRL-8811-6]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any previously registered
pesticide products. Pursuant to the provisions of section 3(c)(4) of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is
hereby providing notice of receipt and opportunity to comment on these
applications.

DATES: Comments must be received on or before April 9, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol(s) of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket Identification
(ID) number and the File Symbol(s) for the application(s) of interest
as shown in the body of this document. EPA's policy is that all
comments received will be included in the docket without change and may
be made available on-line at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Regulatory Action Leader,
Biopesticides and Pollution Prevention Division (7511P), listed in the
following table:

----------------------------------------------------------------------------------------------------------------
                                       Telephone Number and E-
       Regulatory Action Leader              mail Address           Mailing Address           File Symbol(s)
----------------------------------------------------------------------------------------------------------------
Driss Benmhend<PHONE_NUMBER>           Biopesticides and                       5481-LAI
<EMAIL_ADDRESS>  Pollution Prevention                   5481-LAO
                                                                 Division (7511P)                       5481-LTN
                                                                Office of Pesticide                     5481-LTR
                                                                 Programs.
                                                                Environmental
                                                                 Protection Agency.
                                                                1200 Pennsylvania Ave.,
                                                                 NW..
                                                                Washington, DC 20460-
                                                                 0001.
----------------------------------------------------------------------------------------------------------------
Susanne Cerrelli<PHONE_NUMBER>           Do.                                      86174-E
<EMAIL_ADDRESS>                                         86174-G
                                        v.                                                               86174-R
                                                                                86174-U
----------------------------------------------------------------------------------------------------------------
Cheryl Greene<PHONE_NUMBER>           Do.                                      86865-R
<EMAIL_ADDRESS>----------------------------------------------------------------------------------------------------------------
Denise Greenway<PHONE_NUMBER>           Do.                                    70051-RNL
<EMAIL_ADDRESS>                                         84888-E
                                                                                84888-R
----------------------------------------------------------------------------------------------------------------
Anna Gross<PHONE_NUMBER>           Do.                                      67986-A
<EMAIL_ADDRESS>----------------------------------------------------------------------------------------------------------------

Jeannine Kausch<PHONE_NUMBER>           Do.                                      68539-I
<EMAIL_ADDRESS>                                         68539-O
                                                                                68539-RN
                                                                                81179-E
                                                                                84059-O
                                                                                84059-RN
----------------------------------------------------------------------------------------------------------------
Kathleen Martin<PHONE_NUMBER>           Do.                                     239-ETNE
<EMAIL_ADDRESS>                                        239-ETNG
                                                                                239-ETNU
                                                                                73314-A
                                                                                73314-T
----------------------------------------------------------------------------------------------------------------
Chris Pfeifer<PHONE_NUMBER>           Do.                                     83028-RN
<EMAIL_ADDRESS>----------------------------------------------------------------------------------------------------------------
Ann Sibold<PHONE_NUMBER>           Do.                                     84059-RR
<EMAIL_ADDRESS>----------------------------------------------------------------------------------------------------------------
Menyon Adams<PHONE_NUMBER>           Do.                                     80286-RA
<EMAIL_ADDRESS>                                         80286-RT
----------------------------------------------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person associated with the File Symbol of interest
and listed under FOR FURTHER INFORMATION CONTACT.

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

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

II. Registration Applications

    EPA received applications to register pesticide products containing
active ingredients not included in any previously registered products.
Pursuant to the provision of section 3(c)(4) of FIFRA, EPA is hereby
providing notice of receipt and opportunity to comment on these
applications. Notice of receipts of these applications does not imply a
decision by the Agency on the applications.
    1. File Symbol: 239-ETNE. Docket Number: EPA-HQ-OPP-2010-0094.
Applicant: OMC Consulting, 828 Tanglewood Lane, East Lansing, MI 48823
(on behalf of The Scotts Company LLC, d/b/a The Ortho Group, P.O. Box
190, Marysville, OH 43040). Product Name: Phoma Tech. Active
Ingredient: Phoma macrostoma strain 94-44B at 92%. Proposed
Classification/Use: Manufacturing-use product. (K. Martin).
    2. File Symbol: 239-ETNG. Docket Number: EPA-HQ-OPP-2010-0094.
Applicant: OMC Consulting, 828 Tanglewood Lane, East Lansing, MI 48823
(on behalf of The Scotts Company LLC, d/b/a The Ortho Group, P.O. Box
190, Marysville, OH 43040). Product Name: Phoma H. Active Ingredient:
Phoma macrostoma strain 94-44B at 92%. Proposed Classification/Use:
Terrestrial (nonfood, residential outdoor). (K. Martin).
    3. File Symbol: 239-ETNU. Docket Number: EPA-HQ-OPP-2010-0094.
Applicant: OMC Consulting, 828 Tanglewood Lane, East Lansing, MI 48823
(on behalf of The Scotts Company LLC, d/b/a The Ortho Group, P.O. Box

190, Marysville, OH 43040). Product Name: Phoma P. Active Ingredient:
Phoma macrostoma strain 94-44B at 92%. Proposed Classification/Use:
Terrestrial (nonfood, residential outdoor, nurseries, greenhouses). (K.
Martin).
    4. File Symbol: 5481-LAI. Docket Number: EPA-HQ-OPP-2010-0064.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of AMVAC Chemical
Corporation, 4695 Macarthur Court, Suite 1250, Newport Beach, CA 92660-
1706). Product Name: AMV-1018 Technical. Active Ingredient: 3-decen-2-
one at 98%. Proposed Classification/Use: Manufacturing-use product. (D.
Benmhend).
    5. File Symbol: 5481-LAO. Docket Number: EPA-HQ-OPP-2010-0064.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of AMVAC Chemical
Corporation, 4695 Macarthur Court, Suite 1250, Newport Beach, CA 92660-
1706). Product Name: AMV-1018 67.5 EC. Active Ingredient: 3-decen-2-one
at 67.5%. Proposed Classification/Use: Potato sprout inhibitor for
indoor use only. (D. Benmhend).
    6. File Symbol: 5481-LTN. Docket Number: EPA-HQ-OPP-2010-0064.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of AMVAC Chemical
Corporation, 4695 Macarthur Court, Suite 1250, Newport Beach, CA 92660-
1706). Product Name: AMV-1018 90 EC. Active Ingredient: 3-decen-2-one
at 90%. Proposed Classification/Use: Potato sprout inhibitor for indoor
use only. (D. Benmhend).
    7. File Symbol: 5481-LTR. Docket Number: EPA-HQ-OPP-2010-0064.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of AMVAC Chemical
Corporation, 4695 Macarthur Court, Suite 1250, Newport Beach, CA 92660-
1706). Product Name: AMV-1018 EP. Active Ingredient: 3-decen-2-one at
98%. Proposed Classification/Use: Potato sprout inhibitor for indoor
use only. (D. Benmhend).
    8. File Symbol: 67986-A. Docket Number: EPA-HQ-OPP-2009-0539.
Applicant: Interregional Research Project Number 4 (IR-4), Rutgers
University, 500 College Road East, Suite 201W, Princeton, NJ 08540 (on
behalf of OmniLytics, 5450 W. Wiley Post Way, Salt Lake City, UT
84116). Product Name: AgriPhage CMM. Active Ingredient: Bacteriophage
of Clavibacter michiganensis subsp. michiganensis at 0.05%. Proposed
Classification/Use: Bactericide for use against canker on tomato. (A.
Gross).
    9. File Symbol: 68539-I. Docket Number: EPA-HQ-OPP-2010-0057.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of BioWorks
Incorporated, 100 Rawson Road, Suite 205, Victor, NY 14564). Product
Name: G-41 Technical. Active Ingredient: Trichoderma virens strain G-41
at 12.1%. Proposed Classification/Use: Manufacturing-use product. (J.
Kausch).
    10. File Symbol: 68539-O. Docket Number: EPA-HQ-OPP-2010-0057.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of BioWorks
Incorporated, 100 Rawson Road, Suite 205, Victor, NY 14564). Product
Name: BW240 WP. Active Ingredient: Trichoderma virens strain G-41 at
0.61%. Proposed Classification/Use: Preventative fungicide for control
of disease organisms such as Pythium, Phytophthora, Rhizoctonia, and
Fusarium on various crops. (J. Kausch)
    11. File Symbol: 68539-RN. Docket Number: EPA-HQ-OPP-2010-0057.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of BioWorks
Incorporated, 100 Rawson Road, Suite 205, Victor, NY 14564). Product
Name: BW240 G. Active Ingredient: Trichoderma virens strain G-41 at
0.61%. Proposed Classification/Use: Preventative fungicide for control
of disease organisms such as Pythium, Phytophthora, Rhizoctonia, and
Fusarium on various crops. (J. Kausch).
    12. File Symbol: 70051-RNL. Docket Number: EPA-HQ-OPP-2010-0103.
Applicant: Certis USA LLC, 9145 Guilford Road, Suite 175, Columbia, MD
21046. Product Name: CX-9090. Active Ingredient: Bacillus subtilis
strain CX-9060 at 25.0%. Proposed Classification/Use: For the control
or suppression of fungal and bacterial diseases of horticultural crops.
(D. Greenway).
    13. File Symbol: 73314-A. Docket Number: EPA-HQ-OPP-2010-0093.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of Natural Industries
Incorporated, 6223 Theall Road, Houston, TX 77066). Product Name:
NoFly(tm). Active Ingredient: Paecilomyces fumosoroseus strain FE 9901
at 18%. Proposed Classification/Use: Greenhouse (only) for control of
whiteflies, aphids, thrips, psyllids, mealybugs, leaf hoppers, plant
bugs, weevils, grasshoppers, mormon crickets, locust, and beetles on
all greenhouse and nursery crops including ornamentals, vegetables, and
herbs. (K. Martin).
    14. File Symbol: 73314-T. Docket Number: EPA-HQ-OPP-2010-0093.
Applicant: Technology Sciences Group Incorporated, 1150 18th Street
NW., Suite 1000, Washington, DC 20036 (on behalf of Natural Industries
Incorporated, 6223 Theall Road, Houston, TX 77066). Product Name:
NoFly(tm) Technical. Active Ingredient: Paecilomyces fumosoroseus
strain FE 9901 at 69%. Proposed Classification/Use: Manufacturing-use
product. (K. Martin).
    15. File Symbol: 81179-E. Docket Number: EPA-HQ-OPP-2010-0056.
Applicant: Interregional Research Project Number 4 (IR-4), Rutgers
University, 500 College Road East, Suite 201W, Princeton, NJ 08540 (on
behalf of BioProdex Incorporated, 8520 NW 2 Place, Gainesville, FL
32607-1423). Product Name: SolviNix. Active Ingredient: Tobacco Mild
Green Mosaic Tobamovirus at 3%. Proposed Classification/Use: Post-
emergent herbicide for control of tropical soda apple (Solanum viarum)
in citrus, forestry, grass pastures, rangeland, sod-production fields,
roadsides, sugarcane, temperate fruits and nuts, tropical fruits and
nuts, turf, Conservation Reserve Program and other natural areas, and
rights-of-way. (J. Kausch).
    16. File Symbol: 83028-RN. Docket Number: EPA-HQ-OPP-2010-0080.
Applicant: NCA Biotech Incorporated, 3406 Pomona Boulevard, Pomona, CA
91768. Product Name: Technical Salicylic Acid. Active Ingredient:
Salicylic Acid at 98.7%. Proposed Classification/Use: Manufacturing-use
product for formulation into plant growth regulator end-use products.
(J. Pfeifer).
    17. File Symbol: 84059-O. Docket Number: EPA-HQ-OPP-2010-0058.
Applicant: Marrone Bio Innovations Incorporated, 2121 Second Street,
Suite B-107, Davis, CA 95618. Product Name: MBI-203 TGAI. Active
Ingredient: Chromobacterium subtsugae strain PRAA4-1T at
100.00%. Proposed Classification/Use: Manufacturing-use product. (J.
Kausch).
    18. File Symbol: 84059-RN. Docket Number: EPA-HQ-OPP-2010-0058.
Applicant: Marrone Bio Innovations Incorporated, 2121 Second Street,
Suite B-107, Davis, CA 95618. Product Name: MBI-203 EP. Active
Ingredient: Chromobacterium subtsugae strain PRAA4-1T at
94.50%. Proposed Classification/Use: Insecticide for use in the control
or suppression of many

foliar-feeding pests such as caterpillars, foliage-feeding coleopteran,
aphids, whiteflies, and plant-sucking mites on ornamental plants, turf,
and various edible crops. (J. Kausch).
    19. File Symbol: 84059-RR. Docket Number: EPA-HQ-OPP-2010-0079.
Applicant: Marrone Bio Innovations Incorporated, 2121 Second Street,
Suite B-107, Davis, CA 95618. Product Name: MBI-005. Active Ingredient:
Streptomyces acidiscabies strain RL-110T at 100%. Proposed
Classification/Use: Manufacturing-use product. (A. Sibold).
    20. File Symbol: 84888-E. Docket Number: EPA-HQ-OPP-2010-0090.
Applicant: Technology Sciences Group Incorporated, 712 Fifth Street,
Suite A, Davis, CA 95616 (on behalf of Agrium Advanced Technologies RP
Incorporated, 10 Craig Street, Brantford, Ontario Canada N3R 7J1).
Product Name: Nivalis. Active Ingredient: Typhula phacorrhiza strain
94671 at 4.00%. Proposed Classification/Use: Biofungicide for turf. (D.
Greenway).
    21. File Symbol: 84888-R. Docket Number: EPA-HQ-OPP-2010-0090.
Applicant: Technology Sciences Group Incorporated, 712 Fifth Street,
Suite A, Davis, CA 95616 (on behalf of Agrium Advanced Technologies RP
Incorporated, 10 Craig Street, Brantford, Ontario Canada N3R 7J1).
Product Name: Nivalis Technical. Active Ingredient: Typhula phacorrhiza
strain 94671 at 4.00%. Proposed Classification/Use: Manufacturing-use
product. (D. Greenway).
    22. File Symbol: 86174-E. Docket Number: EPA-HQ-OPP-2010-0100.
Applicant: SciReg Incorporated, 12733 Director's Loop, Woodbridge, VA
22192 (on behalf of Bio-Ferm GmbH, Konrad Lorenz Strasse 20, A-3430,
Tulln, Austria). Product Name: Aureobasidium pullulans strain DSM 14940
Technical. Active Ingredient: Aureobasidium pullulans strain DSM 14940
at 80%. Proposed Classification/Use: Manufacturing-use product. (S.
Cerrelli).
    23. File Symbol: 86174-G. Docket Numbers: EPA-HQ-OPP-2010-0100 and
EPA-HQ-OPP-2010-0106. Applicant: SciReg Incorporated, 12733 Director's
Loop, Woodbridge, VA 22192 (on behalf of Bio-Ferm GmbH, Konrad Lorenz
Strasse 20, A-3430, Tulln, Austria). Product Name: Botector. Active
Ingredients: Aureobasidium pullulans strain DSM 14940 at 50% and
Aureobasidium pullulans strain DSM 14941 at 50%. Proposed
Classification/Use: Fungicide for agricultural, commercial, and
residential use on citrus, grapes, pome fruits, stone fruits, and
strawberries. (S. Cerrelli).
    24. File Symbol: 86174-R. Docket Number: EPA-HQ-OPP-2010-0106.
Applicant: SciReg Incorporated, 12733 Director's Loop, Woodbridge, VA
22192 (on behalf of Bio-Ferm GmbH, Konrad Lorenz Strasse 20, A-3430,
Tulln, Austria). Product Name: Aureobasidium pullulans strain DSM 14941
Technical. Active Ingredient: Aureobasidium pullulans strain DSM 14941
at 80%. Proposed Classification/Use: Manufacturing-use product. (S.
Cerrelli).
    25. File Symbol: 86174-U. Docket Numbers: EPA-HQ-OPP-2010-0100 and
EPA-HQ-OPP-2010-0106. Applicant: SciReg Incorporated, 12733 Director's
Loop, Woodbridge, VA 22192 (on behalf of Bio-Ferm GmbH, Konrad Lorenz
Strasse 20, A-3430, Tulln, Austria). Product Name: Blossom Protect.
Active Ingredients: Aureobasidium pullulans strain DSM 14940 at 32.25%
and Aureobasidium pullulans strain DSM 14941 at 32.25%. Proposed
Classification/Use: Fungicide for agricultural, commercial, and
residential use to prevent fire blight on pome fruits. (S. Cerrelli).
    26. File Symbol: 86865-R. Docket Number: EPA-HQ-OPP-2010-0082.
Applicant: Piedmont Animal Health, 204 Muirs Chapel Road, Suite 200,
Greensboro, NC 27410. Product Name: Resultix(tm). Active Ingredient:
Isopropyl Myristate at 50%. Proposed Classification/Use: Insecticide
for use against ticks on cats and dogs. (C. Greene).
    27. File Symbol: 80286-RT. Docket Number: EPA-HQ-OPP-2010-0040.
Applicant: ISCA Technologies Incorporated, 1230 Spring Street,
Riverside, CA 92507. Product Name: ISCA TuTa MP. Active Ingredient:
(E,Z,Z)-3,8,11-Tetradecatrienyl Acetate at 96.31%. Proposed
Classification/Use: Manufacturing-use product. (M. Adams).
    28. File Symbol: 80286-RA. Docket Number: EPA-HQ-OPP-2010-0040.
Applicant: ISCA Technologies Incorporated, 1230 Spring Street,
Riverside, CA 92507. Product Name: SPLAT TuTa(tm). Active Ingredient:
(E,Z,Z)-3,8,11-Tetradecatrienyl Acetate at 0.3%. Proposed
Classification/Use: Straight-carbon-chain Lepidoptera pheromone (SCLP)
for use against tomato leafminer on all crops and in non-crop areas.
(M. Adams).

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 1, 2010.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 2010-4835 Filed 3-9-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: June 12, 2006 (Volume 71, Number 112)]
[Notices]
[Page 33730]
[DOCID:fr12jn06-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-350-014]

Colorado Interstate Gas Company; Notice of Petition To Amend
Stipulation and Agreement

June 2, 2006.
    Take notice that on May 26, 2006, Colorado Interstate Gas Company
(CIG) filed a Petition to Amend Stipulation and Agreement approved in
Docket No. RP01-350-000,et al., on August 5, 2002 \1\ and previously
amended on February 17, 2006 and April 12, 2006.\2\
---------------------------------------------------------------------------

    \1\ Colorado Interstate Gas Co., 100 FERC ] 61,154 (2002).
    \2\ Colorado Interstate Gas Co., 114 FERC ] 61,173 (2006);
Colorado Interstate Gas Co., 115 FERC 61,039 (2006).
---------------------------------------------------------------------------

    CIG requests the Commission to grant the petition to allow the
parties to conclude settlement discussions that would obviate the
requirement for CIG to file a system-wide rate change under section 4
of the Natural Gas Act.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 5, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9090 Filed 6-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54819-54820]
[FR Doc No: 2011-22578]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Form 24F-2; SEC File No. 270-399; OMB Control No. 3235-0456.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collection of
information summarized below. The Commission

plans to submit this existing collection of information to the Office
of Management and Budget for extension and approval.
    Rule 24f-2 (17 CFR 270.24f-2) under the Investment Company Act of
1940 (15 U.S.C. 80a) requires any open-end management companies
(``mutual funds''), unit investment trusts (``UITs'') or face-amount
certificate companies (collectively, ``funds'') deemed to have
registered an indefinite amount of securities to file, not later than
90 days after the end of any fiscal year in which it has publicly
offered such securities, Form 24F-2 (17 CFR 274.24) with the
Commission. Form 24F-2 is the annual notice of securities sold by funds
that accompanies the payment of registration fees with respect to the
securities sold during the fiscal year.
    The Commission estimates that 6120 funds file Form 24F-2 on the
required annual basis. The average annual burden per respondent for
Form 24F-2 is estimated to be two hours. The total annual burden for
all respondents to Form 24F-2 is estimated to be 12,240 hours.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules.
    Compliance with the collection of information required by Form 24F-
2 is mandatory. The Form 24F-2 filing that must be made to the
Commission is available to the public. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid control number.
    The Commission requests written comments on: (a) Whether the
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information has
practical utility; (b) the accuracy of the Commission's estimate of the
burdens of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
e-mail to<EMAIL_ADDRESS>
    Dated: August 29, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22578 Filed 9-1-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 12, 2010 (Volume 75, Number 69)]
[Notices]
[Page 18556-18558]
[DOCID:fr12ap10-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61849; File No. SR-NYSEAmex-2010-30]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its Fee
Schedule

April 6, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 31, 2010, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. Amex filed the proposal pursuant to Section 19(b)(3)(A)
\4\ of the Act and Rule 19b-4(f)(2) \5\ thereunder. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange proposes to revise the manner in which marketing
charges are made available to Specialists for Non-Directed orders. The
text of the proposed rule change is available on the Commission's Web
site at http://www.sec.gov. A copy of this filing is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's principal
office and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 purpose of this filing is to introduce a quantitative,
performance based measure to be used in the allocation of the pool of
monies created from the collection of marketing charges on electronic
Non-Directed orders.
    Presently, marketing charges are collected by the Exchange on all
electronically executed customer orders where a market maker is on the
contra side. The Exchange pools the marketing fees and then distributes
it to payment accepting firms (order flow providers) at the direction
of the Specialist, e-Specialist, or Directed Market Maker.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 59478 (February 27,
2009) 74 FR 9857 (March 6, 2009) (SR-NYSEALTR-2009-19).
---------------------------------------------------------------------------

    For those orders that are directed to a specific Specialist, e-
Specialist, or market maker (Directed orders), the Exchange pools the
marketing fees and then distributes it to payment accepting firms
designated by the ATP holder that the order was directed to.
Electronically executed customer orders that are not directed to a
specific ATP holder (Non-Directed orders) that result in the collection
of marketing charges, create a pool of monies made available to the
Specialist in that particular option.
    The Exchange recently introduced an e-Specialist program,\7\ and
seeks to ensure that those ATP holders are recognized for providing
competitive quotes and attracting order flow to the Exchange. To do so
the Exchange proposes that the pool of monies resulting from the
collection of marketing charges on electronic Non-Directed orders be
controlled by the Specialist or the e-Specialist with superior volume
performance over a trailing quarterly review period for distribution by
the Exchange at the direction of such Specialist or e-Specialist to
eligible payment accepting firms. In making this determination the
Exchange will, on a class by class basis, evaluate Specialist and e-
Specialist performance based on the number of electronic contracts
executed at NYSE Amex per class. The Specialist/e-Specialist with the
most electronic contracts executed on NYSE Amex per class will control
the pool of marketing charges collected on the issue for the ensuing
quarter. The Exchange may determine in the future to include additional
metrics in the performance calculus subject to the submission of a
subsequent filing to the Commission and upon notice via Regulatory
Bulletin to the participants prior to the next quarterly evaluation
period. The calculation used at the beginning of a calendar quarter
will remain in effect for the duration of that calendar quarter. Each
quarter the calculation will be performed to determine if control of
that pool of monies belongs to either the Specialist or e-Specialist.
In the event that the better performing party no longer quotes in that
issue, control of the pool will default to whoever the assigned
Specialist is in the subsequent quarter. If there is no Specialist
assigned, but there is an e-Specialist assigned, the e-Specialist shall
have control of these monies.
---------------------------------------------------------------------------

    \7\ See NYSE Amex Rule 927.4NY (e-Specialists).
---------------------------------------------------------------------------

    The Exchange believes that this is an appropriate means of
allocating control of the pool of monies created by the collection of
marketing charges as it rewards those ATP holders who are providing
competitive quotes and attracting order flow to the Exchange. The
Exchange further believes that this change benefits customers by
incentivizing greater competition amongst specialists and e-specialists
to provide tighter spreads and attract greater order flow.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\8\ in general, and Section 6(b)(4) of the Act,\9\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the NYSE Amex.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2010-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAmex-2010-30. This
file number should be included on the subject line if e-mail 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 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. 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-NYSEAmex-2010-30 and should be submitted
on or before May 3, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8223 Filed 4-9-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Pages 22828-22829]
[FR Doc No: 2012-9140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66781; File No. SR-CBOE-2012-036

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend the Fees Schedule

April 11, 2012.
    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 April 2, 2012, the Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, and at the Commission.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule. Specifically, the
Exchange proposes to exclude executions related to contracts that are
routed to one or more exchanges in connection with the Options Order
Protection and Locked/Crossed Market Plan referenced in CBOE Rule 6.80
(``Linkage'') from counting towards the Exchange's Volume Incentive
Program (the ``Program''), through which Trading Permit Holders
(``TPHs'') are credited increasing per contract amounts for
electronically executing increasing numbers of public customer
contracts in multiply-listed classes. The Exchange does not benefit
from transactions revenue resulting from the execution of public
customer contracts that are routed to other exchanges through
Linkage,\3\ so providing a credit for such executions means that the
Exchange is paying out monies for such executions without taking in any
net revenue. The Exchange cannot continue to subsidize Linkage-related
transactions in this manner, and therefore proposes to exclude such
transactions from the Program.
---------------------------------------------------------------------------

    \3\ See Exchange Fees Schedule, Section 20.I.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\5\ which provides that
Exchange rules may provide for the equitable allocation of reasonable
dues, fees, and other charges among its Trading Permit Holders and
other persons using its facilities. The proposed change to exclude
Linkage-related executions from the Program is reasonable because the
Exchange does not generally take in revenue for such customer
transactions, and therefore it is not currently economically logical to
provide a credit for such executions. This change is equitable and not
unfairly discriminatory for similar reasons; it is certainly equitable
to not provide a credit in circumstances wherein the Exchange does not
collect a fee (otherwise, the recipients of said credits would be
collecting ``free money'' from the Exchange), and it is not unfairly
discriminatory as this exclusion applies to all parties to whom the
Program applies.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    CBOE 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.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \6\ of the Act and paragraph (f) of Rule 19b-4 \7\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f). [sic]
---------------------------------------------------------------------------

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-CBOE-2012-036 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-036. 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 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of CBOE. 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-CBOE-2012-036 and should be submitted on
or before May 8, 2012.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-9140 Filed 4-16-12; 8:45 am]
BILLING CODE 8011-01-P


   Questions on your comments to the proposed changes to UST regulations    Elizabeth McDermott    to:  Mark Morgan                                                               06/11/2012 09:00 AM  Monday 06/11/2012 09:00am

 From: Elizabeth McDermott/DC/USEPA/US

 To: "Mark Morgan"<EMAIL_ADDRESS>

 Bcc: Linda Gerber/DC/USEPA/US@EPA, ChoYi Kwan/DC/USEPA/US@EPA

                  Questions for PMAA 060612.docx  Questions for PMAA letter 6-6-12.docx   Mark, As I explained in my earlier email, we are reaching out to a number of commenters to gain additional information about their comments.  Attached are a number of initial questions we have about PMAA's comments.  We may have more questions in the future but wanted to get started gathering the additional information we need to determine our path forward.  Please take a look at the questions and let me know when you would like to schedule a meeting with your members.  Of course if you are able to answer these questions before the meeting, it would make it that much more productive. Thanks, Liz

(See attached file: Questions for PMAA letter 6-6-12.docx)                   (See attached file: Questions for PMAA 060612.docx)