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

General Comment:A 75 day period time to review the proposed regulations is absolutely insufficient. We are requesting that the review period be extended to 180 days

Vaping, vapor and vaporizing IS NOT A TOBACCO PRODUCT! There is NO TOBACCO (or any of the other 7,000+ cancer causing carcinogens) .... WHATSOEVER .... in vaporizing. There's only propylene glycol, vegetable glycerin, added flavoring and some juice manufacturers may include water and nicotine. Vapor is no more harmful that the fog you find at the local discotech or in London. Vaping has got me off of cigarettes, something that I've been smoking and slowly killing myself and those around me with for over 35 years! The only carcinogen in Vaping and/or Vapor MIGHT be ... I repeat, MIGHT BE .... a minute amount of residual nicotine and that's only if one has nicotine added to their juice AND it still can't been found even in laboratory tests. Vaping does not need to be under the control of the FDA aka Big Tobacco Cos. because it's NOT HARMFUL AND NEEDS NO REGULATION OR OVERSIGHT! Big Tobacco is losing money because of Vaping. And since I'm being BOMBARDED with your anti-smoking commercials every 10 minutes on the TV I've decided to take you, the government, up on it and quit smoking :)  So it should be no surprise that when a totally safe alternative to smoking is introduced,  AND being taken advantage of, that Big Tobacco would sponsor ridiculous laws and regulations like this. Vaping has been around since the 1970s. Why all of this now? Have YOU, the government, done any testing in that time? What are the results? I can't find any government sponsored tests or results anywhere!

If you put this under the control of Big Tobacco .... err the FDA .... all it will do is make it too expensive and inaccessible to people like me. Part of the reason I quit smoking is because I can't afford it anymore thanks to you, the government, taxing me to death! Vaping is a cheap and TO-TAL-LY safe alternative that I've been able to successfully transition over to. Take it away from me and I will simply go underground with it. Mixing my own juice would be too easy as I already know how. With this action you've forced many of to learn how. Frankly I'm not sure why I still buy my juice from vendors still since I can mix my own. I just need to pick up the non lethal, totally safe, totally unregulated and LEGAL items that have been sold over the counter for about a hundred years. Amazing what one can do, what one is capable of and what lengths one will go to when one is pushed into a corner.


[Federal Register: May 4, 2007 (Volume 72, Number 86)]
[Notices]
[Page 25296-25298]
[DOCID:fr04my07-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-89-000]

Southern Star Central Gas Pipeline, Inc.; Notice of Intent To
Prepare an Environmental Assessment for the Proposed North Welda
Storage Field Expansion Project and Request for Comments on
Environmental Issues

April 30, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the North Welda Storage Field
Expansion Project involving construction and operation of facilities by
Southern Star Central Gas Pipeline, Inc. (Southern Star) in and to an
existing gas storage field in Anderson County, Kansas.\1\ This EA will
be used by the Commission in its decision-making process to determine
whether the project is in the public convenience and necessity.
---------------------------------------------------------------------------

    \1\ Southern Star's application was filed with the Commission
under section 7 of the Natural Gas Act.
---------------------------------------------------------------------------

    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice that Southern Star provided to landowners. This fact
sheet addresses a number of typically asked questions, including the
use of eminent domain and how to participate in the Commission's
proceedings. It is available for viewing on the FERC Internet Web site
(http://www.ferc.gov).

Summary of the Proposed Project

    Southern Star is proposing to: (1) Expand the existing certificated
boundary and buffer zone of its existing storage field by acquiring
certain property rights to approximately 1,240 acres; (2) to redefine
the cap rock of the

gas storage formation; (3) install a gas compressor unit; and (4)
revise the maximum certificated wellhead shut-in pressure and restate
the maximum certificated capacity at Southern Star's existing North
Welda Storage Field located in Anderson County, Kansas. Southern Star
seeks authority to install an AJAX DPC-180 (173 bhp) skid mounted
compressor package unit, building, and auxiliary facilities on a 150 by
150-foot lot. Southern Star would install certain minor facilities
under separate authorization of its Blanket Certificate issued in
Docket No. CP82-479-000. The minor facilities would include 3.5 miles
of 4-inch diameter suction storage lateral, 300 feet of 4-inch
discharge lateral, and three oil/gas separators with collection tanks.
The lateral system would connect 6 existing oil wells (Squirrel Wells 1
through 6) which would be converted to pressure recovery wells.
    The location of the project facilities is shown in Appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (map), are available on the Commission's Web site at
the ``eLibrary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibrary refer to the
last page of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the proposed facilities would require about 8.7
acres of land. Following construction, about 1.8 acres would be
maintained as new aboveground facility sites and permanent rights-of-
way. The remaining 6.9 acres of land would be restored and allowed to
revert to its former use (primarily pasture/hayland).

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping''. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we \3\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
---------------------------------------------------------------------------

    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
---------------------------------------------------------------------------

     Geology and soils.
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Air quality and noise.
     Endangered and threatened species.
     Hazardous waste.
     Public safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, State, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section below.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal, and measures to avoid or lessen
environmental impact. The more specific your comments, the more useful
they will be. Please carefully follow these instructions to ensure that
your comments are received in time and properly recorded:
     Send an original and two copies of your letter to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 2.
     Reference Docket No. CP07-89-000.
     Mail your comments so that they will be received in
Washington, DC on or before May 31, 2007.
    The Commission strongly encourages electronic filing of any
comments or interventions or protests to this proceeding. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http: //http://www.ferc.gov under the ``e-Filing'' link and the link to the

User's Guide. Before you can file comments you will need to create a
free account which can be created on-line.
    We may mail the EA for comment. If you are interested in receiving
it, please return the Information Request (Appendix 3). If you do not
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding, or ``intervenor''. To
become an intervenor you must file a motion to intervene according to
Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.214). Intervenors have the right to seek rehearing of the
Commission's decision. Motions to Intervene should be electronically
submitted using the Commission's eFiling system at http://www.ferc.gov.

Persons without Internet access should send an original and 14 copies
of their motion to the Secretary of the Commission at the address
indicated previously. Persons filing Motions to Intervene on or before
the comment deadline indicated above must send a copy of the motion to
the Applicant. All filings, including late interventions, submitted
after the comment deadline must be served on the Applicant and all
other intervenors identified on the Commission's service list for this
proceeding. Persons on the service list with e-mail addresses may be
served electronically; others must be served a hard copy of the filing.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations,

and government entities interested in and/or potentially affected by
the proposed project. This includes all landowners who are potential
right-of-way grantors, whose property may be used temporarily for
project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities. By this
notice we are also asking governmental agencies, especially those in
Appendix 2, to express their interest in becoming cooperating agencies
for the preparation of the EA.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

Philis J. Posey,
Deputy Secretary.
 [FR Doc. E7-8535 Filed 5-3-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57995-57996]
[FR Doc No: 2014-22994]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73182; File No. SR-NASDAQ-2014-094]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Extend the Pilot Period for the Retail Price Improvement Program
Until December 31, 2014

September 23, 2014.
    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 September 11, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I and II
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 extend the pilot period for the Exchange's
Retail Price Improvement (``RPI'') Program, which is set to expire on
September 30, 2014, for three months, to expire on December 31, 2014.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com, at NASDAQ'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 III 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to extend the pilot period of the RPI
Program,\3\ currently scheduled to expire on September 30, 2014, for
three months, to expire on December 31, 2014.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 68937 (February 15,
2013), 78 FR 12397 (February 22, 2013) (``RPI Approval Order'') (SR-
NASDAQ-2012-129).
---------------------------------------------------------------------------

Background
    In February 2013, the Commission approved the RPI Program on a
pilot basis.\4\ Initially the pilot period of the RPI Program was set
to expire on March 28, 2014, however, the pilot period was extended for
six months and is scheduled to expire on September 30, 2014.\5\ The
Program is designed to attract retail order flow to the Exchange, and
allow such order flow to receive potential price improvement. The
Program is currently limited to trades occurring at prices equal to or
greater than $1.00 per share. Under the Program, a new class of market
participant called a Retail Member Organization (``RMO'') is eligible
to submit certain retail order flow (``Retail Orders'')\6\ to the
Exchange. NASDAQ members (``Members'') are permitted to provide
potential price improvement for Retail Orders in the form of non-
displayed interest that is priced more aggressively than the Protected
National Best Bid or Offer (``Protected NBBO'').\7\
---------------------------------------------------------------------------

    \4\ See id.
    \5\ Securities Exchange Act Release No. 71826 (March 28, 2014),
79 FR 18597 (April 2, 2014) (SR-NASDAQ-2014-030).
    \6\ A ``Retail Order'' is defined in NASDAQ Rule 4780(a)(2), in
part, as ``an agency or riskless principal order that originates
from a natural person and is submitted to Nasdaq by a Retail Member
Organization, provided that no change is made to the terms of the
order with respect to price (except in the case that a market order
is changed to a marketable limit order) or side of market and the
order does not originate from a trading algorithm or any other
computerized methodology.''
    \7\ The term Protected Quotation is defined in Chapter XII, Sec.
1(19) and has the same meaning as is set forth in Regulation NMS
Rule 600(b)(58). The Protected NBBO is the best-priced protected bid
and offer. Generally, the Protected NBBO and the national best bid
and offer (``NBBO'') will be the same. However, a market center is
not required to route to the NBBO if that market center is subject
to an exception under Regulation NMS Rule 611(b)(1) or if such NBBO
is otherwise not available for an automatic execution. In such case,
the Protected NBBO would be the best-priced protected bid or offer
to which a market center must route interest pursuant to Regulation
NMS Rule 611.
---------------------------------------------------------------------------

    The Program was approved by the Commission on a pilot basis running
one-year from the date of implementation.\8\ The Commission approved
the Program on February 15, 2013.\9\ The Exchange implemented the
Program on March 28, 2013.\10\ The Commission extended the pilot for an
additional six months at the conclusion of the initial pilot
period.\11\ Thus, the pilot period for the Program is scheduled to end
on September 30, 2014.
---------------------------------------------------------------------------

    \8\ See RPI Approval Order, supra note 3 at 12397.
    \9\ Id.
    \10\ Securities Exchange Act Release No. 69308 (April 4, 2013),
78 FR 21663 (April 11, 2013) (SR-NASDAQ-2013-057).
    \11\ Supra note 5.
---------------------------------------------------------------------------

Proposal To Extend the Operation of the Program
    The Exchange established the RPI Program in an attempt to attract
retail order flow to the Exchange by potentially providing price
improvement to such order flow. The Exchange believes that the Program
promotes competition for retail order flow by allowing Exchange members
to submit Retail Price Improvement Orders (``RPI Orders'') \12\ to
interact with Retail Orders. Such competition has the ability to
promote efficiency by facilitating the price discovery process and
generating additional investor interest in trading securities, thereby
promoting capital formation. The Exchange believes that extending the
pilot is appropriate because it will allow the Exchange and the
Commission additional time to analyze data regarding the Program that
the Exchange has committed to provide.\13\ As such, the Exchange
believes that it is appropriate to extend the current operation of the
Program.\14\ Through this filing, the Exchange seeks to extend the
current pilot period of the Program until December 31, 2014.
---------------------------------------------------------------------------

    \12\ A Retail Price Improvement Order is defined in NASDAQ Rule
4780(a)(3), in part, as consisting of ``non-displayed liquidity on
NASDAQ that is priced better than the Protected NBBO by at least
$0.001 and that is identified as such.''
    \13\ See RPI Approval Order, supra note 3 at 12401.
    \14\ Concurrently with this filing, the Exchange has submitted a
request for an extension of the exemption under Regulation NMS Rule
612 previously granted by the Commission that permits it to accept
and rank the RPI orders in sub-penny increments. See Letter from
John Yetter, Deputy General Counsel, The NASDAQ Stock Market LLC to
Elizabeth M. Murphy[sic], Secretary, Securities and Exchange
Commission dated March 24, 2014[sic].
---------------------------------------------------------------------------

2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\15\ in

general, and with Section 6(b)(5) of the Act,\16\ in particular, in
that it is designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that extending the pilot period for the RPI
Program is consistent with these principles because the Program is
reasonably designed to attract retail order flow to the exchange
environment, while helping to ensure that retail investors benefit from
the better price that liquidity providers are willing to give their
orders. Additionally, as previously stated, the competition promoted by
the Program may facilitate the price discovery process and potentially
generate additional investor interest in trading securities. The
extension of the pilot period will allow the Commission and the
Exchange to continue to monitor the Program for its potential effects
on public price discovery, and on the broader market structure.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
proposed rule change extends an established pilot program for three
months, thus allowing the RPI Program to enhance competition for retail
order flow and contribute to the public price discovery process.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(6) \18\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the Exchange has given the
Commission notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.\19\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \20\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay period. The Commission
believes that waiver of the 30-day operative delay period is consistent
with the protection of investors and the public interest because waiver
would allow the RPI Program to continue uninterrupted. Accordingly, the
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest,
and designates the proposed rule change to be operative upon filing
with the Commission.\21\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\22\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-NASDAQ-2014-094 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2014-094. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office 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-NASDAQ-2014-094 and should
be submitted on or before October 17, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-22994 Filed 9-25-14; 8:45 am]
BILLING CODE 8011-01-P


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

    \201\ See BOX Exchange Rules 2030. See also Form 1 Application,
Exhibit L.
    \202\ See, e.g., Nasdaq Rule 1013(a)(5)(C) (containing a similar
expedited waive-in membership process for members of FINRA).
    \203\ See BOX Exchange Rule 2030.
    \204\ See BOX Exchange IM-2040-6.
---------------------------------------------------------------------------

    A prospective BOX Options Participant must enter into a Participant
Agreement, whereby it will, among other things, agree to abide by the
Agreement, the Exchange Rules, and by all circulars, notices,
directives or decisions adopted pursuant to or made in accordance with
the Rules. Pursuant to BOX Exchange's rules, every applicant must have
and maintain membership in another options exchange that is registered
under the Act and that is not registered solely under Section 6(g) of
the Act.\205\
---------------------------------------------------------------------------

    \205\ See BOX Exchange Rule 2010.
---------------------------------------------------------------------------

    The Exchange will receive and review all membership applications,
and will provide to the applicant written notice of the Exchange's
determination within 30 days after completion of its consideration of
an application, specifying in the case of disapproval of an application
the grounds thereof.\206\ The Exchange also will qualify associated
persons of BOX Options Participants.\207\ Once an applicant becomes a
BOX Options Participant or a person associated with a BOX Options
Participant, it must continue to satisfy all of the qualifications to
be an options participant set forth in the BOX Exchange rules.\208\
When BOX Exchange has reason to believe that a BOX Options Participant
or associated person fails to meet such qualifications, the Exchange
may suspend or terminate such person's membership or association.\209\
---------------------------------------------------------------------------

    \206\ See BOX Exchange Rule 2000(b).
    \207\ Id. See also BOX Exchange Rule 2030.
    \208\ See BOX Exchange Rule 2040.
    \209\ See BOX Exchange Rule 2040.
---------------------------------------------------------------------------

    The Commission finds that BOX Exchange's membership rules are
consistent with Section 6 of the Act,\210\ including Section 6(b)(2) of
the Act \211\ in particular, which requires that a national securities
exchange have rules that provide that any registered broker or dealer
or natural person associated with such broker or dealer may become a
member and any person may become associated with an exchange member.
The Commission notes that pursuant to Section 6(c) of the Act,\212\ an
exchange must deny membership to any person, other than a natural
person, that is not a registered broker or dealer, any natural person
that is not, or is not associated with, a registered broker or dealer,
and registered broker-dealers that do not satisfy certain standards,
such as financial responsibility or operational capacity. As a
registered exchange, BOX Exchange must independently determine if an
applicant satisfies the standards set forth in the Act, regardless of
whether an applicant is a member of another SRO.\213\
---------------------------------------------------------------------------

    \210\ 15 U.S.C. 78f.
    \211\ 15 U.S.C. 78f(b)(2).
    \212\ 15 U.S.C. 78f(c).
    \213\ See, e.g., BATS Order, supra note 21, at 73 FR 49502; and
Nasdaq Order, supra note 34, at 71 FR 3555.
---------------------------------------------------------------------------

2. Linkage
    The Exchange plans to become a participant in the Plan Relating to
Options Order Protection and Locked/Crossed Markets or any successor
plan (``Linkage Plan'').\214\ If admitted as a participant to the Plan,
other plan participants would be able to send orders to the Trading
Host in accordance with the terms of the plan as applied to the
Exchange.
---------------------------------------------------------------------------

    \214\ See Form 1 Application, Exhibit E, Response 6. See also
Securities Exchange Act Release No. 60405 (July 30, 2009), 74 FR
39362 (August 6, 2009) (File No. 4-546) (order approving the
national market system Plan Relating to Options Order Protection and
Locked/Crossed Markets Submitted by the Chicago Board Options
Exchange, Incorporated (``CBOE''), ISE, The NASDAQ Stock Market LLC,
NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc., NYSE Amex LLC, and NYSE
Arca, Inc.).
---------------------------------------------------------------------------

    BOX Exchange rules include relevant definitions, establish the
conditions pursuant to which members may enter orders in accordance
with the Linkage Plan, impose obligations on the Exchange regarding how
it must process incoming orders, establish a general standard that
members and the Exchange should avoid trade-throughs, establish
potential regulatory liability for members that engage in a pattern or
practice of trading through other exchanges, and establish obligations
with respect to locked and crossed markets.
    The Commission believes that BOX Exchange has proposed rules that
are designed to comply with the requirements of the Linkage Plan.\215\
Further, before BOX Exchange can commence operations as an exchange,
BOX Exchange must become a participant in the Linkage Plan.
---------------------------------------------------------------------------

    \215\ See BOX Exchange Rule 15000 Series.
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3. Market Makers
a. Registration of Market Makers
    A BOX Options Participant may register with BOX Exchange as a
market maker by filing a written application with the Exchange, which
will consider an applicant's market making ability and other factors it
deems appropriate in determining whether to approve an applicant's
registration.\216\ To qualify for registration as a market maker, a BOX
Options Participant must meet the requirements established in Rule
15c3-1(a)(6)(i) under the Act and the general requirements set forth in
BOX Exchange Rule 8000.\217\ All market makers will be designated as
specialists on the Exchange for all purposes under the Act and rules
thereunder.\218\ BOX Exchange will not limit the number of qualifying
entities that may become market makers.\219\ The registration of a
market

maker may be suspended or terminated by the Exchange upon a
determination that such market maker failed to properly perform as a
market maker, comply with BOX Exchange rules, or acted in a manner
inconsistent with the best interest of fair and orderly markets.\220\
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    \216\ See BOX Exchange Rule 8000(b) and (c).
    \217\ See BOX Exchange Rule 8010.
    \218\ See BOX Exchange Rule 8000(a).
    \219\ See BOX Exchange Rule 8000(e). However, BOX Exchange may
limit access to the System based on System constraints, capacity
restrictions, or other factors relevant to protecting the integrity
of the System, pending action required to address the issue of
concern. To the extent that BOX Exchange places limitations on any
Participant's access to the System, such limits shall be objectively
determined and submitted to the Commission for approval pursuant to
a rule change filed under Section 19(b) of the Act.
    \220\ See BOX Exchange Rule 8000(d).
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    The Commission finds that BOX Exchange's proposed market maker
qualifications requirements are consistent with the Act. In particular,
BOX Exchange's rules provide an objective process by which a BOX
Options Participant can become a market maker on the BOX and provide
for appropriate oversight by the Exchange to monitor for continued
compliance by market makers with the terms of their application for
such status and the BOX Exchange Rules. The Commission notes that BOX
Exchange's proposed market maker registration requirements are similar
to those of other options exchanges.\221\
---------------------------------------------------------------------------

    \221\ See, e.g., Nasdaq Rules, Chapter VII, Sections 2 and 4;
Chapter VI, Section 2 of the current BOX Rules; and ISE Rule 804.
---------------------------------------------------------------------------

b. Market Maker Obligations
    Pursuant to BOX Exchange rules, the transactions of a market maker
in its market making capacity must constitute a course of dealings
reasonably calculated to contribute to the maintenance of a fair and
orderly market.\222\ Among other things, a market maker must: (1)
Maintain a two-sided market on a continuous basis for options classes
to which it is appointed at least 60% of the time that the classes are
open for trading; \223\ (2) engage in dealings for its own account when
there is a lack of price continuity, a temporary disparity between the
supply of and demand for a particular option contract, or a temporary
distortion of the price relationships between options contracts of the
same class; (3) compete with other market makers; (4) update quotations
in response to changed market conditions; (5) maintain active markets;
and (6) make markets that will be honored for the number of contacts
entered.\224\ In addition, market makers must maintain minimum net
capital in accordance with Commission and BOX Exchange rules.\225\
Market makers also must maintain information barriers that are
reasonably designed to prevent the misuse of material, non-public
information.\226\
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    \222\ See BOX Exchange Rule 8040.
    \223\ See BOX Exchange Rule 8050(e). These obligations will
apply to all of the Market Maker's appointed classes collectively,
rather than on a class-by-class basis.
    \224\ See BOX Exchange Rule 8040.
    \225\ See BOX Exchange Rule 8080.
    \226\ See BOX Exchange Rule 8090.
---------------------------------------------------------------------------

    If BOX Exchange finds any substantial or continued failure by a
market maker to engage in a course of dealings as specified in Exchange
Rule 8040, then such market maker will be subject to disciplinary
action, suspension, or revocation of registration in one or more of the
securities in which the market maker is registered.\227\
---------------------------------------------------------------------------

    \227\ See BOX Exchange Rule 8040(f).
---------------------------------------------------------------------------

    Market makers receive certain benefits for carrying out their
responsibilities.\228\ For example, a broker-dealer or other lender may
extend ``good faith'' credit to a member of a national securities
exchange or registered broker-dealer to finance its activities as a
market maker or specialist.\229\ In addition, market makers are
excepted from the prohibition in Section 11(a) of the Act.\230\ The
Commission believes that a market maker must have sufficient
affirmative obligations, including the obligation to hold itself out as
willing to buy and sell options for its own account on a regular or
continuous basis, to justify this favorable treatment.\231\
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    \228\ See, e.g., NOM Approval Order, supra note 122 (discussing
the benefits and obligations of market makers).
    \229\ See 12 CFR 221.5 and 12 CFR 220.7; see also 17 CFR
240.15c3-1(a)(6) (capital requirements for market makers).
    \230\ 15 U.S.C. 78k(a).
    \231\ See NOM Approval Order, supra note 122, at 73 FR 14526.
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    The Commission further believes that the rules of all U.S. options
markets need not provide the same standards for market maker
participation, so long as they impose affirmative obligations that are
consistent with the Act.\232\ The Commission believes that BOX
Exchange's market maker participation requirements impose sufficient
affirmative obligations on the Exchange's market makers and,
accordingly, that BOX Exchange's requirements are consistent with the
Act. In particular, the Act does not mandate a particular market model
for exchanges, and while market makers may become an important source
of liquidity on BOX Exchange, they will likely not be the only source
as BOX is designed to match buying and selling interest of all BOX
Options Participants.
---------------------------------------------------------------------------

    \232\ See e.g., C2 Order, supra note 29 and NOM Approval Order,
supra note 122.
---------------------------------------------------------------------------

4. Discipline and Oversight of Members
    As noted above, one prerequisite for Commission granting an
exchange's application for registration is that a proposed exchange
must be so organized and have the capacity to carry out the purposes of
the Act. Specifically, an exchange must be able to enforce compliance
by its members and persons associated with its members with federal
securities laws and the rules of the exchange.\233\
---------------------------------------------------------------------------

    \233\ See 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    BOX Exchange rules codify BOX Exchange's disciplinary jurisdiction
over its members, thereby facilitating its ability to enforce its
members' compliance with its rules and the federal securities
laws.\234\ BOX Exchange's rules permit it to sanction members for
violations of its rules and violations of the federal securities laws
by, among other things, expelling or suspending members; limiting
members' activities, functions, or operations; fining or censuring
members; suspending or barring a person from being associated with a
member; or any other appropriate sanction.\235\
---------------------------------------------------------------------------

    \234\ See BOX Exchange Rule 12000 Series.
    \235\ Id.
---------------------------------------------------------------------------

    BOX Exchange's disciplinary and oversight functions will be
administered in accordance with Rule 12000 Series, which governs
disciplinary actions. BOX Exchange regulatory staff will, among other
things, investigate potential securities laws violations and initiate
charges pursuant to BOX Exchange rules.\236\
---------------------------------------------------------------------------

    \236\ See BOX Exchange Rule 12000 Series. As noted above, BOX
Exchange has entered into a RSA with FINRA under which FINRA will
perform certain regulatory functions on behalf of BOX Exchange.
FINRA may perform some or all of the functions specified in the Rule
12000 Series. See also BOX Exchange Rule 12150 and IM-12150-1. FINRA
will: Assist BOX Exchange in conducting investigations of potential
violations of BOX Exchange rules and/or federal securities laws
related to activity on the Exchange; conduct examinations related to
BOX Option Participants' conduct on BOX Exchange; assist BOX
Exchange with disciplinary proceedings pursuant to BOX Exchange
rules, including issuing charges and conducting hearings; and
provide dispute resolution services to BOX Option Participants on
behalf of BOX Exchange, including operation of the BOX Exchange's
arbitration program. See supra notes 236 to 243 and accompanying
text.
---------------------------------------------------------------------------

    Upon a finding by BOX Exchange's regulatory staff (and approved by
the CRO) of probable cause of a violation within the disciplinary
jurisdiction of the Exchange and that further proceedings are
warranted,\237\ BOX

Exchange will conduct a hearing on disciplinary matters before a
professional hearing officer \238\ and two members of the Hearing
Committee \239\ (the ``Panel'').\240\ The BOX Options Participant (or
associated person) or the Exchange regulatory staff may petition for
review of the decision of the Panel by the BOX Exchange Board.\241\ The
review will be conducted by the BOX Exchange Board or a committee
thereof composed of at least three Directors of the BOX Exchange Board
(whose decision must be ratified by a majority of the BOX Exchange
Board) and such decision will be final.\242\ In addition, the BOX
Exchange Board on its own motion may order review of a disciplinary
decision.\243\
---------------------------------------------------------------------------

    \237\ See BOX Exchange Rule 12040. If there is probable cause
for finding a violation, the Exchange regulatory staff will prepare
a statement of charges including the allegations and specifying the
provisions of the Act and/or Exchange rules, regulations or policies
thereunder alleged to have been violated by the BOX Options
Participant or associated person. The CRO must approve the statement
of charges.
    \238\ See BOX Exchange Rule IM-12150-1. As noted above, BOX
Exchange has entered into a RSA with FINRA to provide certain
regulatory functions, including providing professional hearing
officers. Under BOX Exchange Rule 12060(a), the professional hearing
officer is designated as the Chairman of the Panel. Under BOX
Exchange Rule 12060(e), the Panel Chairman has the sole
responsibility to determine the time and place of all meetings of
the Panel, and make all determinations with regard to procedural or
evidentiary matters, as well as prescribe the time within which all
documents, exhibits, briefs, stipulations, notices or other written
materials must be filed where such is not specified in Exchange
rules.
    \239\ See BOX Exchange Bylaws Section 6.08. The Hearing
Committee is not a BOX Exchange Board committee but is a separate
committee of BOX Exchange. Promptly after the annual meeting of the
BOX Exchange owners, the Chairman of the BOX Exchange Board will
appoint a Hearing Committee composed of such number of BOX Options
Participants and individuals who are not BOX Options Participants,
as determined by the Chairman, none of whom shall be Directors. The
Hearing Committee or any panel thereof shall include at least one
officer, director or employee of a BOX Options Participant. The
Hearing Committee shall have exclusive jurisdiction to conduct
hearings on disciplinary proceedings brought by the Exchange against
any BOX Options Participant, or any person employed by or associated
with any BOX Options Participant for any alleged violation of the
Act, the rules and regulations thereunder, the BOX Exchange Bylaws
or the rules, or the interpretations and stated policies of the BOX
Exchange Board.
    \240\ See BOX Exchange Rule 12060. A Panel may make a
determination without a hearing and may impose a penalty as to
violations that the BOX Options Participant or associated person has
admitted or has failed to answer or that otherwise do not appear to
be in dispute. See BOX Exchange Rule 12080. A BOX Options
Participant or associated person alleged to have committed a
disciplinary violation may submit a written offer of settlement to
the Panel, or CRO if a Panel is not yet been appointed, which the
Panel or CRO may accept or reject. If the second offer of settlement
is rejected (such decision is not subject to review), a hearing will
proceed in accordance with BOX Exchange Rule 12060. See BOX Exchange
Rule 12090.
    \241\ See BOX Exchange Rule 12100.
    \242\ See BOX Exchange Rule 12100.
    \243\ Id.
---------------------------------------------------------------------------

    Appeals from any termination or suspension with regard to access to
the Exchange will be instituted under, and governed by, the provisions
in the Rule 13000 Series of the Exchange Rules. BOX Exchange Rule
Series 13000 applies to persons economically aggrieved by any of the
following Exchange actions including, but not limited to: (a) Denial of
an application to become a BOX Options Participant; (b) prohibiting a
person from becoming associated with a BOX Options Participant; (c)
limiting, suspending, or prohibiting a BOX Options Participant's
activities, functions or operations on BOX Exchange; or (d) limiting or
denial of access to services provided to a BOX Options Participant
pursuant to BOX Exchange rules.\244\
---------------------------------------------------------------------------

    \244\ See BOX Exchange Rule 13000. As noted above, BOX Exchange
has entered into a RSA with FINRA under which FINRA will perform
certain regulatory functions on behalf of BOX Exchange. FINRA may
perform some or all of the functions specified in the Rule 13000
Series. See supra note 236. See also BOX Exchange Rule 13060.
---------------------------------------------------------------------------

    Any person aggrieved by an action of the Exchange within the scope
of the 13000 Rule Series may file a written application to be heard
within thirty days \245\ after such action has been taken.\246\
Applications for hearing and review will be referred to the Hearing
Committee, which will appoint a hearing panel of no less than three
members of such committee.\247\ The decision of the hearing panel shall
be made in writing and sent to the parties to the proceedings.\248\ The
decision of the hearing panel made pursuant to the 13000 Rule Series
becomes final thirty calendar days after issuance unless the applicant,
the Chief Executive Officer of BOX Exchange or his designee, or the BOX
Exchange Board on its own motion, petitions for review of the
decision.\249\ The BOX Exchange Board, or a committee of the BOX
Exchange Board, will have sole discretion to grant or deny either
request.\250\ The review shall be conducted by the BOX Exchange Board
or a committee of the BOX Exchange board composed of at least three
directors.\251\ The BOX Exchange Board or its designated committee may
affirm, reverse or modify in whole or in part, the decision of the
hearing panel.\252\
---------------------------------------------------------------------------

    \245\ An applicant may file for an extension of time as allowed
by the Chairman of the Hearing Committee within thirty days of the
Exchange action. An application for an extension will be ruled upon
by the Chairman of the Hearing Committee, and his ruling will be
given in writing. Rulings on applications for extensions of time are
not subject to appeal. See BOX Exchange Rule 13000.
    \246\ The application must include: (1) The action for which
review is sought; (2) the specific reasons for the applicant's
exception to such action; (3) the relief sought; and (4) whether the
applicant intends to submit any documents, statements, arguments or
other material in support of the application, with a description of
any such materials. See BOX Exchange Rule 13010.
    \247\ See BOX Exchange Rule 13020.
    \248\ See BOX Exchange Rule 13030.
    \249\ See BOX Exchange Rule 13040(a).
    \250\ Id.
    \251\ See BOX Exchange Rule 13040(b).
    \252\ The decision of the BOX Exchange Board or its designated
committee shall be in writing, shall be sent to the parties to the
proceeding, and shall be final. See BOX Exchange Rule 13040(c).
---------------------------------------------------------------------------

    The Commission finds that BOX Exchange's proposed disciplinary and
oversight rules and structure, as well as its proposed process for
persons economically aggrieved by certain BOX Exchange actions, are
consistent with the requirements of Sections 6(b)(6) and 6(b)(7) of the
Act \253\ in that they provide fair procedures for the disciplining of
members and persons associated with members. The Commission further
finds that the proposed BOX Exchange rules are designed to provide the
Exchange with the ability to comply, and with the authority to enforce
compliance by its members and persons associated with its members, with
the provisions of the Act, the rules and regulations thereunder, and
the rules of BOX Exchange.\254\
---------------------------------------------------------------------------

    \253\ 15 U.S.C. 78f(b)(6) and (b)(7), respectively.
    \254\ See Section 6(b)(1) of the Act, 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

5. Listing Requirements
    BOX Exchange does not intend to offer original listings. Instead,
BOX Exchange will list and trade only equity and index options that are
listed on other national securities exchanges and cleared by the
Options Clearing Corporation.\255\ The Commission finds that BOX
Exchange's proposed initial and continued listing rules are consistent
with the Act, including Section 6(b)(5), in that they are designed to
protect investors and the public interest and to promote just and
equitable principles of trade. The Commission notes that, before
beginning operation, BOX Exchange will need to become a participant in
the Plan for the Purpose of Developing and Implementing Procedures
Designed to Facilitate the Listing and Trading of Standardized Options
Submitted Pursuant to Section 11A(a)(3)(B) of the Act (``OLPP''). In
addition, before beginning operation, BOX Exchange will need to become
a participant in the Options Clearing Corporation.
---------------------------------------------------------------------------

    \255\ BOX Exchange's listing rules for the underlying securities
and indices of the options to be traded are substantially similar to
the rules of another exchange. See BOX Exchange Rule 5020 and ISE
Rule 502.

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

III. Exemption From Section 19(b) of the Act With Regard to FINRA Rules
Incorporated by Reference

    BOX Exchange proposes to incorporate by reference certain FINRA
rules.\256\ Thus, for certain BOX Exchange rules, BOX Options
Participants will comply with a BOX Exchange rule by complying with the
referenced FINRA rule.
---------------------------------------------------------------------------

    \256\ Specifically, BOX Exchange proposes to incorporate by
reference the following FINRA rules: Series 12000 (Code of
Arbitration for Customer Disputes) and 13000 (Code of Arbitration
Procedure for Industry Disputes), referenced in Exchange Rule 14000.
---------------------------------------------------------------------------

    In connection with the proposal to incorporate the FINRA rules by
reference, BOX Exchange requested, pursuant to Rule 240.0-12 under the
Act,\257\ an exemption under Section 36 of the Act from the rule filing
requirements of Section 19(b) of the Act for changes to the BOX
Exchange rules that are effected solely by virtue of a change to a
cross-referenced FINRA rule.\258\ BOX Exchange proposes to incorporate
by reference categories of rules, rather than individual rules within a
category, that are not trading rules. BOX Exchange agrees to provide
written notice to BOX Options Participants whenever FINRA proposes a
change to a cross-referenced rule \259\ and whenever any such proposed
changes are approved by the Commission or otherwise become
effective.\260\
---------------------------------------------------------------------------

    \257\ 17 CFR 240.0-12.
    \258\ See letter from Lisa J. Fall, President, BOX Exchange, to
Elizabeth M. Murphy, Secretary, Commission, dated March 30, 2012
(``Section 19(b) Exemption Request'').
    \259\ See id.
    \260\ BOX Exchange will provide such notice through a posting on
the same Web site location where BOX Exchange posts its own rule
filings pursuant to Rule 19b-4 under the Act, within the required
time frame. The Web site posting will include a link to the location
on the FINRA Web site where FINRA's proposed rule change is posted.
See id.
---------------------------------------------------------------------------

    Using the authority under Section 36 of the Act, the Commission
previously exempted certain SROs from the requirement to file proposed
rule changes under Section 19(b) of the Act.\261\ Each exempt SRO
agreed to be governed by the incorporated rules, as amended from time
to time, but is not required to file a separate proposed rule change
with the Commission each time the SRO whose rules are incorporated by
reference seeks to modify such rules. In addition, each exempt SRO
incorporated by reference only regulatory rules, for example, margin,
suitability, and arbitration rules, and not trading rules, and
incorporated by reference whole categories of rules. Each exempt SRO
had reasonable procedures in place to provide written notice to its
members each time a change is proposed to the incorporated rules of
another SRO in order to provide such members with notice of a proposed
rule change that affects the members' interests, so that the members
will have an opportunity to comment.
---------------------------------------------------------------------------

    \261\ See e.g., DirectEdge Exchanges Order and BATS Order, supra
note 21, C2 Order, supra note 29, Nasdaq Order, supra note 34 and
NOM Approval Order, supra note 122.
---------------------------------------------------------------------------

    The Commission is granting BOX Exchange's request for exemption,
pursuant to Section 36 of the Act, from the rule filing requirements of
Section 19(b) of the Act with respect to the rules that BOX Exchange
proposes to incorporate by reference. The exemption is conditioned upon
BOX Exchange providing written notice to BOX Options Participants
whenever FINRA proposes to change an incorporated by reference rule.
The Commission believes that the exemption is appropriate in the public
interest and consistent, with the protection of investors because it
will promote more efficient use of Commission and SROs resources by
avoiding duplicative rule filings based on simultaneous changes to
identical rule text sought by more than one SRO.

IV. Conclusion

    It is ordered that the application of BOX Exchange for registration
as a national securities exchange be, and it hereby is, granted.
    It is furthered ordered that operation of BOX Exchange is
conditioned on the satisfaction of the requirements below:
    A. Participation in National Market System Plans Relating to
Options Trading. BOX Exchange must join: (1) The Plan for the Reporting
of Consolidated Options Last Sale Reports and Quotation Information
(Options Price Reporting Authority); (2) the OLPP; (3) the Linkage
Plan; and (4) the Plan of the Options Regulatory Surveillance
Authority.
    B. Participation in Multiparty Rule 17d-2 Plans. BOX Exchange must
become a party to the multiparty Rule 17d-2 agreements concerning
options sales practice regulation and market surveillance.
    C. Participation in the Options Clearing Corporation. BOX Exchange
must become an Options Clearing Corporation participant exchange.
    D. Participation in the Intermarket Surveillance Group. BOX
Exchange must join the Intermarket Surveillance Group.
    E. Effective Regulation. BOX Exchange must have, and represent in a
letter to the staff in the Commission's Office of Compliance
Inspections and Examinations that it has, adequate procedures and
programs in place to effectively regulate the BOX options trading
facility.
    F. Trade Processing and Exchange Systems. BOX Exchange must have,
and represent in a letter to the staff in the Commission's Division of
Trading and Markets that it has, adequate procedures and programs in
place, as detailed in Commission Automation Policy Review guidelines,
to effectively process trades and maintain the confidentiality,
integrity, and availability of BOX Exchange's systems.\262\
---------------------------------------------------------------------------

    \262\ On November 16, 1989, the Commission published its first
Automation Review Policy (``ARP I''), in which the Commission
created a voluntary framework for SROs to establish comprehensive
planning and assessment programs to determine systems capacity and
vulnerability. On May 9, 1991, the Commission published its second
Automation Review Policy (``ARP II'') to clarify the types of review
and reports expected from SROs. See Securities Exchange Act Release
Nos. 27445 (November 16, 1989), 54 FR 48703 (November 24, 1989) and
29185 (May 9, 1991), 56 FR 22490 (May 15, 1991).
---------------------------------------------------------------------------

    It is further ordered, pursuant to Section 36 of the Act,\263\ that
BOX Exchange shall be exempted from the rule filing requirements of
Section 19(b) of the Act with respect to the FINRA rules that BOX
Exchange proposes to incorporate by reference, subject to the
conditions specified in this Order.
---------------------------------------------------------------------------

    \263\ 15 U.S.C. 78mm.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-10620 Filed 5-2-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74107-74109]
[FR Doc No: 2021-28271]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0055]

Recordkeeping and Reporting Occupational Injuries and Illnesses;
Revision of the Office and Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

SUMMARY: The Occupational Safety and Health Administration (OSHA) is
soliciting comments concerning the proposed revision of the current
information collection requirements contained in the regulation
regarding Recordkeeping and Reporting Occupational Injuries and
Illnesses.

DATES: Comments must be submitted (postmarked, sent or received) by
February 28, 2022.

ADDRESSES:

    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2010-0055).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Occupational Safety and Health Act (OSH Act) and 29 CFR part
1904 prescribe that certain employers maintain records of job-related
injuries and illnesses. The injury and illness records are intended to
have multiple purposes. One purpose is to provide data needed by OSHA
to carry out enforcement and intervention activities to provide workers
a safe and healthy work environment. The data are also needed by the
Bureau of Labor Statistics to report on the number and rate of
occupational injuries and illnesses in the country. The data also
provides information to employers and workers of the kinds of injuries
and illnesses occurring in the workplace and their related hazards.
Increased employer awareness should result in the identification and
voluntary correction of hazardous workplace conditions. Likewise,
workers who are provided information on injuries and illnesses will be
more likely to follow safe work practices and report workplace hazards.
This would generally raise the overall level of safety and health in
the workplace. This notice initiates the process for OSHA to request an
extension of the current OMB approval. This notice also solicits public
comments on OSHA's existing paperwork burden estimates from those
interested parties and seeks public responses to several questions
related to the development of OSHA's estimates. Interested parties are
requested to review OSHA's estimates, which are based upon the most
current data available, and to comment on their accuracy or
appropriateness in today's workplace situation.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply.
For example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Action

    OSHA is requesting that OMB revise the approval of the information
collection requirements contained in 29 CFR part 1904, Recordkeeping
and Reporting Occupational Injuries and Illnesses. The agency is
requesting to reduce the current burden hour estimate associated with
this regulation from 2,140,861 hours to 2,048,626 for a total reduction
of 92,235 hours. The agency will summarize the comments submitted in
response to this notice and will include this summary in the request to
OMB.
    Type of Review: Revision of a currently approved collection.
    Title: Recordkeeping and Reporting Occupational Injuries and
Illnesses (29 CFR part 1904).
    OMB Control Number: 1218-0176.
    Affected Public: Business or other for-profits farms; not-for-
profit institutions; State and local government.
    Number of Respondents: 5,113,141.
    Frequency: On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 2,048,626.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials must identify the agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2010-
0055). You may supplement electronic submissions by uploading document
files electronically. Please note: While OSHA's Docket Office is
continuing to accept and process submissions by regular mail, due to
the COVID-19 pandemic, the Docket Office is closed to the public and
not able to receive submissions to the docket by hand, express mail,
messenger, and courier service. If you wish to mail additional
materials in reference to an electronic or facsimile submission, you
must submit them to the OSHA Docket Office (see the section of this
notice titled ADDRESSES). The additional materials must clearly
identify your electronic comments by your name, date, and the docket
number so the agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov website to submit comments and access
the docket is available at the website's ``User Tips'' link. Contact
the OSHA Docket Office for information about materials not available
from the website, and for assistance in using the internet to locate
docket submissions.

V. Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR
3912).

    Signed at Washington, DC, on December 15, 2021.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-28271 Filed 12-28-21; 8:45 am]
BILLING CODE 4510-26-P