[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Notices]
[Pages 33255-33256]
[FR Doc No: 2019-14833]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-21-000]

Commission Information Collection Activities (FERC-729); Comment
Request

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is submitting its information collection FERC-729 (Electric
Transmission Facilities) to the Office of Management and Budget (OMB)
for review of the information collection requirements. Any interested
person may file comments directly with OMB and should address a copy of
those comments to the Commission as explained below. The Commission
previously published a Notice in the Federal Register on April 29,
2019, requesting public comments. The Commission received no comments
and is making this notation in its submittal to OMB.

DATES: Comments on the collection of information are due by August 12,
2019.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0238, should be sent via email to the Office of Information and
Regulatory Affairs<EMAIL_ADDRESS>Attention: Federal Energy
Regulatory Commission Desk Officer.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC19-21-000, by either of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-729, Electric Transmission Facilities.
    OMB Control No.: 1902-0238.
    Abstract: This information collection implements the Commission's
mandates under EPAct 2005 Section 1221 which authorizes the Commission
to issue permits under FPA Section 216(b) for electric transmission
facilities and the Commission's delegated responsibility to coordinate
all other federal authorizations under FPA Section 216(h). The related
FERC regulations seek to develop a timely review process for siting of
proposed electric transmission facilities. The regulations provide for
(among other things) an extensive pre-application process that will
facilitate maximum participation

from all interested entities and individuals to provide them with a
reasonable opportunity to present their views and recommendations, with
respect to the need for and impact of the facilities, early in the
planning stages of the proposed facilities as required under FPA
Section 216(d).
    Additionally, FERC has the authority to issue a permit to construct
electric transmission facilities if a state has withheld approval for
more than a year or has conditioned its approval in such a manner that
it will not significantly reduce transmission congestion or is not
economically feasible.\1\ FERC envisions that, under certain
circumstances, the Commission's review of the proposed facilities may
take place after one year of the state's review. Under Section
50.6(e)(3) the Commission will not accept applications until one year
after the state's review and then from applicants who can demonstrate
that a state may withhold or condition approval of proposed facilities
to such an extent that the facilities will not be constructed.\2\ In
cases where FERC's jurisdiction rests on FPA section 216(b)(1)(C),\3\
the pre-filing process should not commence until one year after the
relevant State applications have been filed. This will give states one
full year to process an application without any intervening Federal
proceedings, including both the pre-filing and application processes.
Once that year is complete, an applicant may seek to commence FERC's
pre-filing process. Thereafter, once the pre-filing process is
complete, the applicant may submit its application for a construction
permit.
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    \1\ FPA section 216(b)(1)(C).
    \2\ The Commission will not issue a permit authorizing
construction of the proposed facilities until, among other things,
it finds that the state has, in fact, withheld approval for more
than a year or had so conditioned its approval.
    \3\ In all other instances (i.e., where the state does not have
jurisdiction to act or otherwise to consider interstate benefits, or
the applicant does not qualify to apply for a permit with the State
because it does not serve end use customers in the State), the pre-
filing process may be commenced at any time.
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    Type of Respondent: Electric transmission facilities.
    Estimate of Annual Burden: \4\ The Commission estimates the annual
public reporting burden for the information collection as:
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    \4\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to Title 5 Code of Federal Regulations 1320.3.

                                   FERC-729: Electric Transmission Facilities
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                                                  Annual  number                      Average      Total annual
                                     Number of     of  responses   Total  number    burden and     burden hours
                                    respondents         per        of  responses     cost per        and total
                                                    respondent                     response \5\     annual cost
                                             (1)             (2)     (1) * (2) =             (4)     (3) * (4) =
                                                                             (3)                             (5)
----------------------------------------------------------------------------------------------------------------
Electric Transmission Facilities               1               1               1           9,600           9,600
                                                                                $758,400        $758,400
----------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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    \5\ FERC staff estimates that industry costs for salary plus
benefits are similar to Commission costs. The cost figure is the
FY2018 FERC average annual salary plus benefits ($164,820/year or
$79/hour).

    Dated: July 8, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-14833 Filed 7-11-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 23, 2007 (Volume 72, Number 56)]
[Notices]
[Page 13839-13842]
[DOCID:fr23mr07-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55485; File No. SR-CBOE-2007-28]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change for Early Inclusion of NYMEX Holdings, Inc. to the CBOE
Exchange Index

March 16, 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 March 13, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
CBOE. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is requesting approval to add NYMEX Holdings, Inc.
(``NMX'') to the CBOE Exchange Index (``EXQ'') on March 19, 2007. The
text of the rule proposal is available on the Exchange's Web site
(http://www.cboe.org/legal), at the Exchange's Office of the Secretary,

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, CBOE 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. CBOE has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of this rule proposal is to obtain the Commission's
approval to add NMX to the EXQ, which is a Micro Narrow-Based security
index. Under CBOE's initial and maintenance standards for Micro Narrow-
Based security indexes, a security must have achieved certain daily and
monthly trading volume levels in each of the preceding six months
before it is eligible for initial and/or continued inclusion in an
index.\5\ Therefore, under the current Exchange rules, NMX must trade
for at least six months before the Exchange may add it to the EXQ.
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    \5\ See Rule 24.2(d)(4) (for initial inclusion, requiring
average daily trading of at least 45,500 shares in each of the
preceding six months); Rule 24.2(e)(4) (for continued inclusion,
requiring average daily trading of at least 22,750 shares in each of
the preceding six months); and Rule 24.2(e)(11) (for continued
inclusion, requiring monthly trading volume of least 500,000 shares
in each of the last six months).
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    As of the date of this filing, NMX has not been trading for the
past six months. The Exchange, however, is requesting Commission
approval to add NMX to the EXQ at this time. Specifically, the Exchange
would like to add NMX to the EXQ on March 19, 2007, which is after the
March expiration (March 17, 2007). The Exchange believes that this is
an ideal time to add NMX to the EXQ, since the EXQ will be rebalanced
at that time. In addition, the Exchange requests that the Commission
permit NMX to meet the maintenance trading volume requirements in the
aggregate during the first six months after trading in order to qualify
for its inclusion in the EXQ.\6\
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    \6\ See Telephone conference among Richard Holley III and
Kristie Diemer, Special Counsels, Division of Market Regulation,
Commission, and Jennifer Klebes, Senior Attorney, CBOE, on March 15,
2007 (in which CBOE clarified, among other things, that the
exception it seeks for the maintenance trading volume requirements
applies for the first six months of trading of NMX) (``March 15
Telephone Conference''). After six months of trading, NMX then would
be required to meet the maintenance trading volume levels contained
in Rules 24.2(e)(4) and 24.2(e)(11).

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    In support of this request, the Exchange states that it believes
that good cause exists to permit the early inclusion of NMX to the EXQ.
The Exchange believes that the addition of NMX to the EXQ will further
diversify the EXQ, which is a relatively concentrated index, and will
ensure that this emergent index continues to be representative of the
exchange market. The Exchange also notes that options are already
listed and trading on NMX. Additionally, NMX readily meets the trading
volume levels, in the aggregate, required for initial inclusion in a
Micro Narrow-Based security index, such as the EXQ.
    The EXQ was created to track the performance of stock prices of
publicly traded exchanges and is a very small, equal-dollar weighted
index currently composed of six security and futures exchanges.\7\
Currently, the EXQ is the only Micro Narrow-Based security index on
which options are traded on the Exchange. Additionally, the Exchange
believes that the early inclusion of NMX to the EXQ will ensure that
the EXQ more closely reflects the rapidly evolving exchange environment
by including all publicly traded exchanges.
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    \7\ The Exchange began trading EXQ options on September 29,
2006. The EXQ is currently made up of six component securities. The
six component securities are: CBOT Holdings, Inc. (``BOT''), Chicago
Mercantile Exchange Holdings, Inc. (``CME''), InterContinental
Exchange, Inc. (``ICE''), International Securities Exchange, Inc.
(``ISE''), The NASDAQ Stock Market LLC (``NDAQ'') and NYSE Group,
Inc. (``NYX''). Additional information regarding pricing, shares,
market value and weight can be accessed at: http://www.cboe.com/Products/IndexComponentsAuto.aspx?PRODUCT=EXQ
.

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    NMX recently became a publicly traded company. On November 16,
2006, NMX priced its initial public offering and its shares began
trading on the New York Stock Exchange on November 17, 2006. On that
day alone, NMX trading volume exceeded 19.5 million shares and, on
November 27, 2006, the Exchange certified that NMX met the initial
listing criteria for options under CBOE Rules. The following day, on
November 28, 2006, the Exchange began trading options on NMX.\8\
Although the Exchange is able to list and trade options on NMX, the
Exchange is currently unable to add NMX to the EXQ under its current
rules and must wait until at least May 2007 to do so.\9\
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    \8\ The initial trading volume level in NMX exceeded the 2.4
million shares required for initial listing under Rule 5.3. Also,
the Exchange was able to list options on NMX on the earliest day
possible under Exchange Rules. Specifically, Rule 5.3,
Interpretation and Policy .01 requires that a security must have a
closing price over $3 per share for each of the five business days
prior to listing. The lowest closing price for NMX during this time
period was $126.50 per share.
    \9\ The Exchange represents that NMX meets all of the other
initial listing standards for Micro Narrow-Based security indexes as
set forth in Rule 24.2.
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    Because there are only six components in the EXQ, and to ensure
that the EXQ is representative of the rapidly evolving exchange
environment and includes all currently publicly traded exchanges, the
Exchange seeks the Commission's approval to permit the early inclusion
of NMX to the EXQ. Specifically, the Exchange requests that the
Commission allow the Exchange to add NMX to the EXQ on March 19, 2007
because (as will be demonstrated below), NMX has already met and
exceeded the initial trading volume levels set forth in Rule 24.2(d) in
the aggregate. The Exchange also requests that the Commission permit
NMX to meet the maintenance trading volume levels set forth in Rules
24.2(e)(4) and (e)(11) in the aggregate during the first six months
after trading of the NMX.
    In the aggregate, NMX currently meets the initial trading volume
levels required for securities to be added to a Micro Narrow-Based
security index. Specifically, Rule 24.2(d)(4), which sets forth initial
listing standards, requires:

    The average daily trading volume in each of the preceding six
months for each component security in the index is at least 45,500
shares, except that each of the lowest weighted component securities
in the index that in the aggregate account for no more than 10% of
the weight of the index may have an average daily trading volume of
only 22,750 shares for each of the last six months.

    In the aggregate, the 45,500 average daily trading volume amount is
comparable to an average monthly trading requirement of 1 million
shares, based on a calendar month having 22 trading days, and the
22,750 average daily trading volume amount is comparable to an average
monthly trading requirement of 500,000 shares. These average monthly
trading volume requirements multiplied over six months would equal 6
million shares and 3 million shares respectively.
    Through March 6, 2007, NMX has traded a total of almost 90 million
shares, averaging over 1.2 million shares per day. The following table
provides total monthly (or in the case of March, partial monthly)
trading volume since initial listing:

------------------------------------------------------------------------
                                                           Total Volume
                          Month                            (in millions
                                                            of shares)
------------------------------------------------------------------------
March 1-6, 2007.........................................             4.8
February 2007...........................................            17.5
January 2007............................................            19.9
December 2006...........................................            13.2
November 2006...........................................            34.3
------------------------------------------------------------------------

    In the aggregate, NMX also currently meets the maintenance trading
levels required for securities to be added to a Micro Narrow-Based
security index. Specifically, Rule 24.2(e)(4), which sets forth
maintenance listing standards relating to average daily trading volume,
requires:

    The average daily trading volume in each of the preceding six
months for each component security in the index is at least 22,750
shares, except that each of the lowest weighted component securities
in the index that in the aggregate account for no more than 10% of
the weight of the index may have an average daily trading volume of
only 18,200 shares for each of the last six months.

    Also, Rule 24.2(e)(11), which sets forth maintenance listing
standards relating to monthly trading volume, requires:

    Trading volume of each component security in the index must be
at least 500,000 shares for each of the last six months, except that
for each of the lowest weighted component securities in the index
that in the aggregate account for no more than 10% of the weight of
the index, trading volume must be at let 400,000 shares for each of
the last six months.

    In the aggregate, the 22,750 average daily trading volume amount
set forth in Rule 24.2(e)(4) is comparable to an average monthly
trading requirement of 500,000, based on a calendar month having 22
trading days, and the 18,200 average daily trading volume amount is
comparable to an average monthly trading requirement of 400,000 shares.
The Exchange notes that these amounts are equivalent to the average
monthly trading requirements of Rule 24.2(e)(11), and these average
monthly trading volume requirements multiplied over six months would
equal 3 million shares and 2.4 million shares respectively.
    As demonstrated above, the total trading volume through March 6,
2007 in NMX has approached 90 million shares, averaging over 1.2
million shares per day. Because the Exchange is requesting early
inclusion of NMX to the EXQ, there will not be six months' worth of
trading volume data to determine if NMX meets the maintenance trading
volume levels set forth in Rules 24.2(e)(4) and (e)(11). As a result,
the Exchange requests that the Commission permit NMX to meet the
maintenance trading volume levels set

forth in Rules 24.2(e)(4) and (e)(11) in the aggregate during the first
six months of trading of the NMX.\10\ After it has been trading for a
full six months, NMX then would be required to meet the maintenance
trading volume levels contained in Rules 24.2(e)(4) and 24.2(e)(11).
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    \10\ See March 15 Telephone Conference, supra note 6.
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    The Exchange further states that NMX must satisfy all other
requirements for Micro Narrow-Based security indexes set forth in Rule
24.2 in order to qualify for inclusion and continued inclusion in the
EXQ.\11\
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    \11\ See March 15 Telephone Conference, supra note 6 (adding
``and continued inclusion'' in the text above).
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    The Exchange represents that it has an adequate surveillance
program in place to monitor the component securities in the EXQ,
including NMX. The Exchange may obtain trading information upon request
via the Intermarket Surveillance Group (``ISG'') from other exchanges
who are members or affiliates of the ISG and which list the security
components contained in the EXQ. Specifically, CBOE can obtain such
information from the New York Stock Exchange in connection with the
trading of NMX shares.
    Given the high liquidity of NMX and the other component securities
in the EXQ, the Exchange believes that the EXQ is not readily
susceptible to manipulation, despite the concentration level of the
component securities.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \12\ in general and furthers the objectives of
Section 6(b)(5) of the Act \13\ in particular in that it should promote
just and equitable principles of trade, serve to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Commission notes that CBOE has satisfied the five-
day pre-filing notice requirement.
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    Normally, a proposed rule change filed under 19b-4(f)(6) may not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \16\ 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. In its filing, the
Exchange noted that waiver of the 30-day operative delay, and early
addition of the NMX, would diversify the EXQ, a relatively concentrated
index and would help ensure that the EXQ continues to be representative
of the exchange market. In further support of its waiver request, the
Exchange also noted that it would like to add NMX to the EXQ on March
19, 2007, which is after the March expiration (March 17, 2007), and
believes that March 17, 2007, is an ideal time to add NMX to the EXQ,
since the EXQ will be rebalanced at that time.
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    \16\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change will allow the Exchange to add NMX to
the EXQ in connection with the upcoming rebalancing of the EXQ on March
17, 2007 even though NMX has not been trading for the six months
specified in CBOE Rule 24.2. The Commission notes that the CBOE has
been trading single-stock options on NMX since November 28, 2006.
Further, the Commission notes that NMX has exceeded, by a wide margin,
the initial trading volume levels in the aggregate contained in CBOE
Rule 24.2(d), as well as the maintenance trading volume levels, in the
aggregate, contained in CBOE Rule 24.2(e)(4) and (e)(11). Finally,
inclusion of the NMX in the EXQ, given that it has met, in the
aggregate and by a wide margin, the volume thresholds contained in CBOE
Rule 24.2, will diversify the EXQ and should not increase any concerns
about the EXQ's susceptibility to manipulation given the large depth
and liquidity of trading in NMX. Accordingly, consistent with the
protection of investors and the public interest, the Commission
designates the proposed rule change to be effective and operative upon
filing with the Commission.\17\
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    \17\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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-CBOE-2007-28 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-CBOE-2007-28. 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. 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-2007-28 and should be
submitted on or before April 13, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-5308 Filed 3-22-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Proposed Rules]
[Pages 31871-31872]
[FR Doc No: 2013-12625]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0282; Airspace Docket No. 13-AAL-3]

Proposed Amendment of Class E Airspace; Gustavus, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Gustavus
Airport, Gustavus, AK. Decommissioning of the Gustavus Nondirectional
Radio Beacon (NDB) has made this action necessary for the safety and
management of Instrument Flight Rules (IFR) operations at the airport.
This action also would adjust the geographic coordinates of the
airport.

DATES: Comments must be received on or before July 12, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0282; Airspace Docket No. 13-AAL-3, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2013-0282 and Airspace Docket No. 13-AAL-3) and be submitted in
triplicate to the Docket Management System (see

ADDRESSES section for address and phone number). You may also submit
comments through the Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2013-0282 and Airspace Docket No. 13-AAL-3''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by amending Class E airspace extending
upward from 700 feet above the surface at Gustavus Airport, Gustavus,
AK. Airspace reconfiguration is necessary due to the decommissioning of
the Gustavus NDB. The geographic coordinates of the airport would be
adjusted in accordance with the FAA's aeronautical database. This
action would enhance the safety and management of aircraft operations
at Gustavus Airport, Gustavus, AK.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Gustavus Airport, Gustavus,
AK.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AAL AK E5 Gustavus, AK [Amended]

Gustavus Airport, AK
    (Lat. 58[deg]25'31'' N., long. 135[deg]42'27'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of the Gustavus Airport and within 4 miles
each side of the 229[deg] bearing of the airport extending from the
6.8-mile radius to 16.7 miles southwest of the airport, and within 3
miles northeast and 7 miles southwest of the airport 135[deg]
bearing extending from the 6.8-mile radius to 24 miles southeast of
the airport.

    Issued in Seattle, Washington, on May 15, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-12625 Filed 5-24-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 24, 2007 (Volume 72, Number 205)] [CORRECTIONS]                [Page 60408] [DOCID:fr24oc07-152]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 070817469-7596-01] RIN 0694-AE11

  Approved End-Users and Respective Eligible Items for the People's  Republic of China (PRC) Under Authorization Validated End-User (VEU)

Correction

    In rule document E7-20642 beginning on page 59164 in the issue of  Friday, October 19, 2007, make the following correction:     On page 59164, in the first column, under the heading dates, in the  first and second lines, ``November 19, 2007'' should read ``October 19,  2007''.

[FR Doc. Z7-20642 Filed 10-23-07; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Notices]
[Page 46695-46696]
[DOCID:fr21au07-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56257; File No. SR-NYSEArca-2007-83]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Delete Obsolete
Rules Relating to the Trading of Gold and Silver Bullion

August 15, 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 August 3, 2007, NYSE Arca, Inc. (``Exchange''), through its wholly
owned subsidiary, NYSE Arca Equities, Inc. (``NYSE Arca Equities'' or
``Corporation''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
NYSE Arca has designated this proposal as non-controversial under
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Arca Equities Rule 4.1 (Minimum
Net Capital) by deleting Commentary .02 (Trading in Gold and Silver
Bullion) thereto. 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
    The Corporation has determined that Commentary .02 to NYSE Arca
Equities Rule 4.1, which relates to trading in gold and silver bullion,
is obsolete because the Corporation no longer trades gold and silver
bullion. Therefore, the Corporation proposes to delete Commentary .02
from NYSE Arca Rule 4.1. In 2005, the Exchange filed a proposed rule
change that sought to delete a similar rule related to trading options
on gold and silver bullion, but failed to make the same filing for its
equities rules.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 51281 (March 1,
2005), 70 FR 11296 (March 8, 2005) (SR-PCX-2005-21) (seeking to
delete certain obsolete rules, including Commentary .02 to PCX Rule
4.1, which relates to trading in gold and silver bullion).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\6\ in general, and Section 6(b)(5) of the Act,\7\ in
particular, in that it will promote just and equitable principles of
trade, facilitate transactions in securities, remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \8\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\9\ Because the foregoing proposed rule change (1) does not
significantly affect the protection of investors or the public
interest, (2) does not impose any significant burden on competition,
and (3) does not 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,
the proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder. As
required under Rule 19b-4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file the proposed rule
change at least five business days before doing so.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) 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 asked the Commission to waive the
operative delay in this case. The Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest because Commentary .02 to NYSE Arca Equities
Rule 4.1 no longer serves any purpose, and hereby grants the Exchange's
request.\10\
---------------------------------------------------------------------------

    \10\ For purposes only of waiving the 30-day operative delay,
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 may summarily abrogate the 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 No. SR-NYSEArca-2007-83 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-2007-83.
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 Commissions 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 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-NYSEArca-2007-83 and should
be submitted on or before September 11, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-16395 Filed 8-20-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88173-88176]
[FR Doc No: 2023-27923]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99182; File No. SR-CboeBZX-2023-097]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule To Provide a Discount on the Purchase of Historical
Equity Short Volume and Trade Reports

December 14, 2023.
    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 December 1, 2023, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
amend its Fee Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to update its Fee Schedule to provide a
discount on fees assessed to BZX Members (``Members'') \3\ and non-
Members that purchase $20,000 or more of U.S. Equity Short Volume and
Trades Reports (``Short Volume Reports''), effective

December 1, 2023 through December 31, 2023.
---------------------------------------------------------------------------

    \3\ See Rule 1.5(n) (``Member''). The term ``Member'' shall mean
any registered broker or dealer that has been admitted to membership
in the Exchange. A Member will have the status of a ``member'' of
the Exchange as that term is defined in Section 3(a)(3) of the Act.
Membership may be granted to a sole proprietor, partnership,
corporation, limited liability company or other organization which
is a registered broker or dealer pursuant to Section 15 of the Act,
and which has been approved by the Exchange.
---------------------------------------------------------------------------

    By way of background, the Short Volume Report is an end-of-day
report that summarizes certain equity trading activity on the Exchange,
including trade date,\4\ total volume,\5\ short volume,\6\ and sell
short exempt volume,\7\ by symbol.\8\ The Short Volume Report also
includes an end-of-month report that provides a record of all short
sale transactions for the month, including trade date and time (in
microseconds),\9\ trade size,\10\ trade price,\11\ and type of short
sale execution,\12\ by symbol and exchange.\13\ The Short Volume Report
is a completely voluntary product, in that the Exchange is not required
by any rule or regulation to make this data available and that
potential customers may purchase it on an ad-hoc basis only if they
voluntarily choose to do so.
---------------------------------------------------------------------------

    \4\ ``Trade date'' is the date of trading activity in yyyy-mm-dd
format.
    \5\ ``Total volume'' is the total number of shares transacted.
    \6\ ``Short volume'' is the total number of shares sold short.
    \7\ ``Short exempt volume'' is the total number of shares sold
short classified as exempt.
    \8\ ``Symbol'' refers to the Cboe formatted symbol in which the
trading activity occurred. See https://cdn.cboe.com/resources/membership/US_Symbology_Reference.pdf.
    \9\ ``Trade date and time'' is the date and time of trading
activity in yyyy-mm-dd hh:mm:ss.000000 ET format.
    \10\ ``Trade size'' is the number of shares transacted.
    \11\ ``Trade price'' is the price at which shares were
transacted.
    \12\ ``Short type'' is a data field that will indicate whether
the transaction was a short sale or short sale exempt transaction. A
short sale transaction is a transaction in which a seller sells a
security which the seller does not own, or the seller has borrowed
for its own account (see 17 CFR 242.200). A short sale exempt
transaction is a short sale transaction that is exempt from the
short sale price test restrictions of Regulation SHO Rule 201 (see
17 CFR 242.201(c)).
    \13\ ``Exchange'' is the market identifier (Z = BZX, Y = BYX, X
= EDGX, A = EDGA).
---------------------------------------------------------------------------

    Cboe LiveVol, LLC (``LiveVol''), a wholly owned subsidiary of the
Exchange's parent company, Cboe Global Markets, Inc., makes the Short
Volume Report available for purchase to Users on the LiveVol DataShop
website (datashop.cboe.com). Both the end-of-day report and end-of-
month report are included in the cost of the Short Volume Report and
are available for purchase by both Members as well as non-Members on an
annual or monthly \14\ basis. The monthly fee is $750 per Internal
Distributor \15\ and $1,250 per External Distributor.\16\ Additionally,
the Exchange offers historical reports containing both the end-of-day
volume and end-of-month trading activity. The fee per month of
historical data is $500. The Short Volume Report provided on a
historical basis is only for display use redistribution (e.g., the data
may be provided on the User's platform). Therefore, Users of the
historical data may not charge separately for data included in the
Short Volume Report or incorporate such data into their product. The
Exchange notes that the Short Volume Report is subject to direct
competition from other exchanges, as other exchanges offer similar
products for a fee.\17\
---------------------------------------------------------------------------

    \14\ The monthly fees for the Report are assessed on a rolling
period based on the original subscription date. For example, if a
User subscribes to the Report on October 24, 2023, the monthly fee
will cover the period of October 24, 2023, through November 23,
2023. If the User cancels its subscription prior to November 23,
2023, and no refund is issued, the User will continue to receive
both the end-of-day and end-of-month components of the Report for
the subscription period.
    \15\ An Internal Distributor of an Exchange Market Data product
is a Distributor that receives the Exchange Market Data product and
then distributes that data to one or more Users within the
Distributor's own entity. See Cboe BZX U.S. Equities Exchange Fee
Schedule.
    \16\ An External Distributor of an Exchange Market Data product
is a Distributor that receives the Exchange Market Data product and
then distributes that data to a third party or one or more Users
outside the Distributor's own entity. See Cboe BZX U.S. Equities
Exchange Fee Schedule.
    \17\ See the Nasdaq Fee Schedule, Equity 7, Section 152. See
also, the TAQ Group Short Sales (Monthly File) and Short Volume
product, offered by the New York Stock Exchange LLC (``NYSE'') and
affiliated equity markets (the ``NYSE Group'') at NYSE Exchange
Proprietary Market Data [verbar] TAQ NYSE Group Short Sales.
---------------------------------------------------------------------------

    The Exchange proposes to provide a temporary pricing incentive
program in which Members or Non-Members that purchase historical Short
Volume Reports will receive a percentage fee discount where specific
purchase thresholds are met. Specifically, the Exchange proposes to
provide a 20% discount for ad-hoc purchases of historical Short Volume
Reports of $20,000 or more.\18\ The proposed program will apply to all
market participants irrespective of whether the market participant is a
new or current purchaser; however, the discount cannot be combined with
any other discounts offered by the Exchange. The Exchange intends to
introduce the discount program beginning December 1, 2023, with the
program remaining in effect through December 31, 2023.
---------------------------------------------------------------------------

    \18\ The discount will apply on an order-by-order basis. The
discount will apply to the total purchase price, once the $20,000
minimum purchase is satisfied (for example, a qualifying order of
$25,000 would be discounted to $20,000, i.e., receive a 20% discount
of $5,000).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\19\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \20\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \21\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange also believes the proposed rule
change is consistent with Section 6(b)(4) of the Act,\22\ which
requires that Exchange rules provide for the equitable allocation of
reasonable dues, fees, and other charges among its Trading Permit
Holders and other persons using its facilities.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
    \21\ Id.
    \22\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. The Exchange believes that the proposed fee
changes will further broaden the availability of U.S. equity market
data to investors consistent with the principles of Regulation NMS. The
Exchange believes the dissemination of historical short volume data via
historical Short Volume Reports benefits investors through increased
transparency and may promote better informed trading, as well as
research and studies of the equities industry. Nevertheless, the
Exchange notes that such data is not necessary for trading and as noted
above, is entirely optional. Moreover, several other exchanges offer a
similar data product which offer the

same type of data content through similar reports.\23\
---------------------------------------------------------------------------

    \23\ See supra note 17.
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive environment. Indeed,
there are currently 16 registered equities exchanges that trade
equities. Based on publicly available information, no single equities
exchange has more than 13% of the equity market share.\24\ The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. Particularly, in Regulation NMS, the
Commission highlighted the importance of market forces in determining
prices and SRO revenues and, also, recognized that current regulation
of the market system ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \25\ Making similar data products
available to market participants fosters competition in the
marketplace, and constrains the ability of exchanges to charge
supercompetitive fees. In the event that a market participant views one
exchange's data product as more attractive than the competition, that
market participant can, and often does, switch between similar
products. The proposed fees are a result of the competitive environment
of the U.S. equities industry as the Exchange seeks to adopt fees to
attract purchasers of historical Short Volume Reports.
---------------------------------------------------------------------------

    \24\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (November 16, 2023), available at https://www.cboe.com/us/equities/market_statistics/.
    \25\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    The Exchange believes that the proposed incentive program for any
Member or non-Member who purchases historical Short Volume Reports is
reasonable because such purchasers would receive a 20% discount for
purchasing $20,000 or more worth of historical Short Volume Reports.
The Exchange believes the proposed discount is reasonable as it will
give purchasers the ability to use and test the historical Short Volume
Reports at a discounted rate, prior to purchasing additional months or
a monthly subscription, and will therefore encourage users to purchase
historical Short Volume Reports. Further, the proposed discount is
intended to promote increased use of the Exchange's historical Short
Volume Reports by defraying some of the costs a purchaser would
ordinarily have to expend before using the data product. The Exchange
believes that the proposed discount is equitable and not unfairly
discriminatory because it will apply equally to all Members and non-
Members who purchase historical Short Volume Reports. Lastly, the
purchase of this data product is discretionary and not compulsory.
Indeed, no market participant is required to purchase the historical
Short Volume Reports, and the Exchange is not required to make
historical Short Volume Reports available to all investors. Potential
purchasers may request the data at any time if they believe it to be
valuable or may decline to purchase such data.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange operates in a
highly competitive environment in which the Exchange must continually
adjust its fees to remain competitive. Because competitors are free to
modify their own fees in response, the Exchange believes that the
degree to which fee changes in this market may impose any burden on
competition is extremely limited. As discussed above, the Exchange's
historical Short Volume Reports offering is subject to direct
competition from several other options exchanges that offer similar
data products. Moreover, purchase of historical Short Volume Reports is
optional. It is designed to help investors understand underlying market
trends to improve the quality of investment decisions, but is not
necessary to execute a trade.
    The proposed rule changes are grounded in the Exchange's efforts to
compete more effectively. In this competitive environment, potential
purchasers are free to choose which, if any, similar product to
purchase to satisfy their need for market information. As a result, the
Exchange believes this proposed rule change permits fair competition
among national securities exchanges. Further, the Exchange believes
that these changes will not cause any unnecessary or inappropriate
burden on intermarket competition, as the proposed incentive program
applies uniformly to any purchaser of historical Short Volume Reports.

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

    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) of the Act \26\ and paragraph (f) of Rule 19b-4 \27\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(3)(A).
    \27\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeBZX-2023-097 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-CboeBZX-2023-097. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written

communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. Do not include personal identifiable
information in submissions; you should submit only information that you
wish to make available publicly. We may redact in part or withhold
entirely from publication submitted material that is obscene or subject
to copyright protection. All submissions should refer to file number
SR-CboeBZX-2023-097 and should be submitted on or before January 10,
2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27923 Filed 12-19-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Proposed Rules]
[Pages 3211-3213]
[FR Doc No: 2012-1225]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0642 FRL-9620-8]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to the Control of Nitrogen Oxides Emissions From
Industrial Boilers and Process Heaters at Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware. This SIP revision amends
Delaware's regulation that establishes controls for nitrogen oxides
(NOX) emissions from industrial boilers and process heaters
at petroleum refineries by including a NOX emission limit
for the fluid catalytic cracking unit carbon monoxide (CO) boiler at
the Delaware City Refinery and providing for a facility-wide NOx
emission cap compliance alternative. This SIP revision also includes a
demonstration that these amendments to the existing Delaware regulation
will not interfere with the attainment or maintenance of any National
Ambient Air Quality Standards (NAAQS) or any other applicable
requirement of the Clean Air Act (CAA). This action is being taken
under the CAA.

DATES: Written comments must be received on or before February 22,
2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0642 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0642, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0642. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
www.regulations.gov Web site 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 email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On June 17, 2011, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to its SIP to amend
Regulation No. 1142, Section 2.0--Control of Nitrogen Oxides Emissions
from Industrial Boilers and Process Heaters at Petroleum Refineries.
Delaware first promulgated Section 2.0 of Regulation No. 1142 on July
of 2007 and subsequently revised it in 2009, as a result of a
settlement agreement between DNREC and the Premcor Refining Group, Inc.
(Premcor). On November 17, 2009, DNREC submitted Section 2.0 of
Regulation No. 1142 as a SIP revision and on June 6, 2010 (75 FR
31711), EPA approved it into the Delaware SIP.
    Furthermore, in 2009, the operations at the Delaware City Refinery
ceased and in 2010, the refinery ownership changed from Premcor to the
Delaware City Refining Company, LLC (DCRC). On May 31, 2010, DNREC and
DCRC reached an agreement on the Delaware City Refinery's acquisition,
restart, and operation. One element of that agreement was to revise
Section 2.0 Regulation No. 1142 to provide for a facility-wide
NOX emission cap compliance alternative. This SIP revision
pertains to the amendments to Section 2.0 of Regulation No. 1142 as a
result of DNREC and DCRC's agreement.

II. Summary of SIP Revision

    Delaware's SIP revision establishes controls for NOX
emissions from industrial boilers and process heaters at petroleum
refineries. This SIP revision includes a NOX emissions limit
for the fluid catalytic cracking unit CO boiler (Unit 23-H-3) and
provides for, as an option, compliance with a facility-wide
NOX cap as an alternative to unit specific NOX
emission limits. The initial facility-wide cap is being established at
the level of Premcor's actual 2008 NOX emissions (i.e.,
2,525 tons per year (tpy)) and will decline in two step decreases, as
follows: (1) 2,525 tpy, evaluated over each 12 consecutive month
rolling period, for any 12 month rolling period ending on or before
January 2014; (2) 2,225 tpy, evaluated over each 12 consecutive month
rolling period, commencing with the 12 month rolling period beginning
on December 31, 2013 and ending on December 31, 2014; and (3) 1,650
tpy, evaluated over each 12 consecutive month rolling period,
commencing with the 12 month rolling period beginning on December 31,
2014 and ending on December 31, 2015. Under the revised Section 2.0 of
Regulation No. 1142, either all of the unit specific NOX
emission limits apply or the facility-wide cap applies at all times. In
addition, this SIP revision also includes a demonstration that these
amendments to the existing Delaware regulation will not interfere with
the attainment or maintenance of any NAAQS or any other applicable
requirement of the CAA. Additional technical support regarding this
regulation can be found in the technical support document (TSD)
available online at www.regulations.gov, Docket ID Number EPA-R03-OAR-
2011-0642.

III. Proposed Action

    EPA's review of this material indicates that the amendments to
Section 2.0 of Regulation No. 1142 will not affect the attainment and
maintenance of any of the NAAQS. EPA is proposing to approve the
Delaware SIP revision, submitted on June 17, 2011, amending Regulation
No. 1142, Section 2.0 that includes a NOX emissions limit
for the fluid catalytic cracking unit CO boiler at the Delaware City
Refinery and provides for, as an option, compliance with a facility-
wide NOX cap as an alternative to unit specific
NOX emission limits. EPA is soliciting public comments on
the issues discussed in this document. These comments will be
considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to the control of
NOX

emissions from industrial boilers and process heaters at petroleum
refineries in Delaware, does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 3, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2012-1225 Filed 1-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 3, 2006 (Volume 71, Number 85)]
[Notices]
[Page 26154-26155]
[DOCID:fr03my06-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53729; File No. SR-ISE-2006-15]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Execution of Complex Orders

April 26, 2006.
    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 April 13, 2006, the International Securities Exchange, Inc. (``ISE''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The ISE
has filed this proposal pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its rules to specify that complex
orders may be executed using the Solicited Order Mechanism. The text of
the rule change is as follows. Italics indicate additions; [bracketing]
indicates deletions.
* * * * *

Rule 716. Block Trades

    (a) through (e) no change.

Supplementary Material to Rule 716

    .01 through .07 no change.
    .08 Complex Orders. Electronic Access Members may use the
Facilitation Mechanism and the Solicited Order Mechanism according to
paragraphs (d) and (e) of this Rule 716 to [facilitate] execute block-
size complex orders (as defined in Rule 722) at a net price. Members
may enter Indications for complex orders at net prices, and bids and
offers for complex orders will participate in the execution of an order
being [facilitated] executed as provided in paragraphs (d) and (e) of
this Rule 716. With respect to bids and offers for the individual legs
of a complex order entered into the [Facilitation M]mechanisms, the
priority rules for complex orders contained in Rule 722(b)(2) will
continue to be applicable. If an improved net price for the complex
order being [facilitated] executed can be achieved from bids and offers
for the individual legs of the complex order in the Exchange's auction
market, the order being [facilitated] executed will receive an
execution at the better net price.
* * * * *

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

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

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

1. Purpose
    The Exchange proposes to amend Supplementary Material .08 to ISE
Rule 716, ``Block Trades,'' to specify that complex orders may be
executed through the Solicited Order Mechanism. The Commission
previously approved the execution of complex orders through the
Facilitation Mechanism, and the Exchange has modified its system to
similarly handle the execution of complex orders through the Solicited
Order Mechanism.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 52327 (Aug. 24,
2005), 70 FR 51854 (Aug. 31, 2005) (order approving File No. SR-ISE-
2004-33) (``Facilitation Mechanism Order'').
---------------------------------------------------------------------------

    The Facilitation and Solicited Order Mechanisms work in the same
basic manner. An Electronic Access Member (``EAM'') enters an order of
a minimum size with a counter side interest, and other market
participants are given an opportunity to participate in the trade
before it is automatically executed. Complex orders are entered at a
net price and are handled in the same manner as any other order under
ISE Rule 716(d), ``Facilitation Mechanism,'' and ISE Rule 716(e),
``Solicited Order Mechanism.'' \6\ With respect to bids and offers for
the individual legs of a complex order entered into either mechanism,
the priority rules for complex orders contained in ISE Rule 722(b)(2),
``Complex Order Priority,'' continue to be applicable. If an improved
net price for the complex order being executed can be achieved from
bids and offers for the individual legs of the complex order in the
Exchange's auction market, the order being executed will receive an
execution at the better net price.
---------------------------------------------------------------------------

    \6\ Each mechanism has different execution requirements. In
particular, the Facilitation Mechanism has a minimum order size of
50 contracts, while the Solicited Order Mechanism has a minimum
order size of 500 contracts. Each leg of a complex order must comply
with these minimum order sizes. In addition, the Solicited Order
Mechanism requires that all orders be entered as all-or-none orders,
while the Facilitation Mechanism does not have this requirement.
Complex orders would be subject to the all-or-none requirement when
entered into the Solicited Order Mechanism.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the basis under the Act for this
proposed rule change is found in section 6(b)(5),\7\ in that it will
serve to remove impediments to, and perfect the mechanisms of, a free
and open market and a national market system and, in general, to
protect investors and the public interest. In particular, the proposed
rule change will make an existing service available to an additional
order type.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The Exchange has designated the proposed rule change as one that:
(i) Does not significantly affect the protection of investors or the
public interest; (ii) does not impose any significant burden on
competition; and (iii) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may

designate if consistent with the protection of investors and the public
interest. In addition, as required under Rule 19b-4(f)(6)(iii),\8\ the
ISE provided the Commission with written notice of its intention to
file the proposed rule change, along with a brief description and the
text of the proposed rule change, at least five business days prior to
filing the proposal with the Commission. Therefore, the foregoing rule
change has become effective pursuant to section 19(b)(3)(A) of the Act
\9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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-ISE-2006-15 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-ISE-2006-15. 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. 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 No. SR-
ISE-2006-15 and should be submitted on or before May 24, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-6641 Filed 5-2-06; 8:45 am]

BILLING CODE 8010-01-P