[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64948-64949]
[FR Doc No: 2019-25461]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0945]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Bird/Other
Wildlife Strike Report

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves voluntary reporting of bird/other
wildlife strike information following a wildlife strike incident with
aircraft. This data becomes part of the publicly available National
Wildlife Strike Database. Strike reports provide critical

information that allows the FAA to determine high-risk species, track
national trends, evaluate the FAA's wildlife hazard management program,
and provide scientific foundation for regulatory guidance.
Additionally, this essential information allows engine and airframe
manufacturers to evaluate the effectiveness of aircraft components. It
also helps airports identify and mitigate hazardous species and the
location of wildlife attractants, affords a better understanding of
strike dynamics, and provides key metrics for an airport to evaluate
the effectiveness of its wildlife management program.

DATES: Written comments should be submitted by January 24, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (FAA-2019-0945).
    By mail: John Weller, 800 Independence Avenue SW, AAS-300, Room
618, Washington, DC 20591.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: John Weller by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0045.
    Title: Bird/Other Wildlife Strike Report.
    Form Numbers: FAA Form 5200-7.
    Type of Review: This review is for a renewal of an information
collection.
    Background: 14 CFR 139.337, Wildlife Hazard Management, requires
the FAA to collect wildlife strike data to develop standards and
monitor hazards to aviation. Data identify wildlife strike control
requirements and provide in-service data on aircraft component failure.
Pilots, airport operations staff, aircraft and airport maintenance
personnel, air traffic controllers, wildlife biologists, and anyone
else having knowledge of a strike report incidents to the FAA,
primarily using the web version of FAA Form 5200-7. The data becomes
part of the publicly available National Wildlife Strike Database used
to enhance safety by airports, airlines, engine and airframe
manufacturers, and the FAA. Overall, the number of strikes annually
reported to the FAA has increased from 1,850 in 1990 to more than
16,000 in 2018.
    Respondents: Approximately 16,020 airport operations staff, pilots,
air traffic controllers, wildlife biologists, aircraft and airport
maintenance personnel, and others having knowledge of a strike.
    Frequency: Information is collected as needed.
    Estimated Average Burden per Response: 5 minutes.
    Estimated Total Annual Burden: 1,335 hours.

    Issued in Washington, DC, on November 19, 2019.
John Weller,
National Wildlife Biologist, Airport Safety and Operations Division,
Office of Airports Safety and Standards.
[FR Doc. 2019-25461 Filed 11-22-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Rules and Regulations]
[Pages 69763-69767]
[FR Doc No: 2014-27634]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R10-OAR-2012-0557: FRL-9917-07-Region 10]

Approval and Promulgation of Implementation Plans; Swinomish
Indian Tribal Community; Tribal Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
Tribal implementation plan (TIP) submitted by the Swinomish Indian
Tribal Community (SITC or the Tribe). The SITC TIP regulates open
burning practices and establishes a Tribal regulatory program
applicable to all persons within the exterior boundaries of the
Swinomish Reservation (Reservation). The SITC TIP was submitted to the
EPA on June 28, 2012, and supplementary submittals were received on
September 24, 2013, November 18, 2013, and January 28, 2014. This
action makes the approved portions of the SITC TIP federally
enforceable under the Clean Air Act (CAA). Upon the effective date of
this action, the SITC TIP will replace the Federal Implementation Plan
(FIP) provisions that regulate open burning within the exterior
boundaries of the Reservation.

DATES: This final rule is effective on December 24, 2014.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2012-0557. All documents in the
docket are listed on the http://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., Confidential Business Information or other information the
disclosure of which 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 through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-150, 1200 Sixth Avenue, Seattle, Washington
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at (206) 553-
6121<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.

I. Summary of the Proposed Action

    On May 2, 2014 (79 FR 25049), the EPA proposed to approve a TIP
submitted by the SITC on June 28, 2012, and supplementary submittals
received on September 24, 2013, November 18, 2013, and January 28,
2014. The SITC TIP regulates open burning and establishes a Tribal
regulatory program to maintain or improve ambient air quality related
to open burning. The SITC TIP applies to all persons within the
exterior boundaries of the Swinomish Reservation and includes
regulations governing prohibited materials, burn bans, open burning
permit requirements and fees, and provisions related to enforcement of
the TIP. For a more detailed description of our evaluation of the SITC
TIP and our rationale for the proposed action, please see the May 2,
2014, proposed rule which can be found in the docket for today's
action. No public comments were received on the proposed rule.

II. Final Action

    Under CAA sections 110(o), 110(k)(3) and 301(d), the EPA is taking
final action to approve the TIP submission as discussed in our May 2,
2014 proposal. Upon the effective date of this action, the SITC TIP for
open burning will apply to all persons within the exterior boundaries
of the Reservation and will replace the existing open burning
provisions in the FIP for the Swinomish Reservation (40 CFR 49.10956(g)
and 49.10960(g)). As discussed in the proposed rule, the EPA is
approving, but not incorporating by reference into the CFR, the
enforcement-related authorities in the SITC TIP.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves laws of an eligible Indian Tribe as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by Tribal law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601, et seq.). Because this rule approves pre-existing requirements
under Tribal law and does not impose any additional enforceable duty
beyond that required by Tribal law, it 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).
    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' The EPA has
concluded that this rule will have Tribal implications in that it will
have substantial direct effects on the SITC. However, it will neither
impose substantial direct compliance costs on Tribal governments, nor
preempt Tribal law. The EPA is approving the SITC's TIP at the request
of the Tribe. Tribal law will not be preempted as the SITC has already
incorporated the TIP into Tribal Law on March 9, 2012. The Tribe has
applied for, and fully supports, the approval of the TIP. This approval
makes the TIP federally enforceable.
    The EPA worked with Tribal air program staff early in the process
of developing the TIP to allow for meaningful and timely input into its
development. To administer an approved TIP, Indian Tribes must be
determined eligible (40 CFR part 49) for TAS for the purpose of
administering a TIP. During the TAS eligibility process, the Tribe and
the EPA worked together to ensure that the appropriate information was
submitted to the EPA. The SITC and the EPA also worked together
throughout the process of development and Tribal adoption of the TIP.
    This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a TIP covering areas within the
exterior boundaries of the Swinomish Reservation, and does not alter
the relationship or the distribution of power and responsibilities
between States and the Federal government established in the Clean Air
Act. This action does not provide the 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, ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16,

1994). This action also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing TIP submissions, the EPA's role is to approve an
eligible Indian Tribe's submission, provided that it meets the criteria
of the Clean Air Act. In this context, in the absence of a prior
existing requirement for the Indian Tribe to use voluntary consensus
standards (VCS), the EPA has no authority to disapprove a TIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for the EPA, when it reviews a TIP submission, to use
VCS in place of a TIP submission that otherwise satisfies the
provisions of the Clean Air Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act (NTTAA)
of 1995 (15 U.S.C. 272 note) do not apply to this action.
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 23, 2015. Only an
objection to this final action that was raised with reasonable
specificity during the public comment period can be raised during
judicial review. Upon request, adequately supported, the Administrator
may convene a proceeding for reconsideration of this final action.
Filing a petition requesting that the Administrator reconsider this
final rule does not affect the finality of this action for the purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. (See CAA section 307(b)(1).) This
action may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 49

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

    Dated: September 8, 2014.
Dennis J. Mclerran,
Regional Administrator, Region 10.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 49 as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for Part 49 continues to read as follows:

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

0
2. Section 49.10952 is revised to read as follows:

Sec.  49.10952  Approval status.

    The implementation plan for the Swinomish Reservation includes the
EPA-approved Tribal rules and measures identified in Sec.  49.10957.
0
3. Section 49.10956 is amended by removing and reserving paragraph (g)
and by adding new paragraph (l) to read as follows:

Sec.  49.10956  Contents of implementation plan.

* * * * *
    (g) [Reserved]
* * * * *
    (l) The EPA-approved Tribal open burning rules and measures
approved in Sec.  49.10957.
    (1) Title, authority, jurisdiction, definitions.
    (2) Open burning.
    (3) Public involvement.
    (4) Appeals.
    (5) Repealer, severability and effective date.
    (6) Enforcement.
    (7) Hearings, appeals, computation of time and law applicable.

0
4. Section 49.10957 is added to read as follows:

Sec.  49.10957  EPA-approved Tribal rules and plans.

    (a) Purpose and scope. This section contains the EPA-approved
Tribal rules and measures in the open burning tribal implementation
plan (TIP) for the Swinomish Indians. The open burning TIP consists of
a program, procedures, and regulations that cover prohibited materials,
burn bans, open burning permit requirements and fees, and enforcement.
    (b) Incorporation by reference. (1) Material listed in paragraph
(c) of this section was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. The material is incorporated as it exists on the date of
the approval and notice of any change in the material will be published
in the Federal Register.
    (2) The EPA Region 10 certifies that the rules/regulations provided
by the EPA in the Tribal implementation plan (TIP) compilation at the
addresses in paragraph (b)(3) of this section are an exact duplicate of
the officially promulgated Tribal rules/regulations which have been
approved as part of the TIP as of August 4, 2014.
    (3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Avenue, Seattle WA,
98101; the EPA, Air and Radiation Docket and Information Center, EPA
Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave. NW., Washington, DC; or the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA-approved regulations.

               EPA-Approved Swinomish Indians of the Swinomish Reservation Washington Regulations
----------------------------------------------------------------------------------------------------------------
                                                       Tribal
        Tribal citation            Title/subject     effective   EPA approval date          Explanations
                                                        date
----------------------------------------------------------------------------------------------------------------
    Swinomish Tribal Code Title 19 Environmental Protection, Chapter 2--Clean Air Act (Swinomish TIP for Open
                                                Burning Part II)
----------------------------------------------------------------------------------------------------------------
19-02.020......................  Title Authority..       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
19-02.030......................  Jurisdiction.....       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
19-02.040......................  Definitions......       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
----------------------------------------------------------------------------------------------------------------
                                           Subchapter II--Open Burning
----------------------------------------------------------------------------------------------------------------
19-02.080......................  Applicability of        3/9/12  11/24/14, [Insert  ............................
                                  Subchapter.                     Federal Register
                                                                  citation].
19-02.090......................  General Rules for       3/9/12  11/24/14, [Insert  Except D
                                  Open Burning.                   Federal Register
                                                                  citation].
19-02.100......................  Burn Bans........       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
19-02.110......................  Open Burn Permits       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
19-02.120......................  Special Use             3/9/12  11/24/14, [Insert  ............................
                                  Permits.                        Federal Register
                                                                  citation].
19-02.130......................  Open Burn and           3/9/12  11/24/14, [Insert  Except B.
                                  Special Use                     Federal Register
                                  Permit Fees.                    citation].
19-02.140......................  Standard Permit         3/9/12  11/24/14, [Insert  ............................
                                  Conditions.                     Federal Register
                                                                  citation].
19-02.150......................  Additional Permit       3/9/12  11/24/14, [Insert  ............................
                                  Conditions.                     Federal Register
                                                                  citation].
19-02.160......................  Burn Notification       3/9/12  11/24/14, [Insert  ............................
                                  and Inspection.                 Federal Register
                                                                  citation].
----------------------------------------------------------------------------------------------------------------
                                       Subchapter III--Public Involvement
----------------------------------------------------------------------------------------------------------------
19-02.170......................  Public                  3/9/12  11/24/14, [Insert  ............................
                                  Information.                    Federal Register
                                                                  citation].
19-02.180......................  Public Hearings..       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
----------------------------------------------------------------------------------------------------------------
                                              Subchapter V--Appeals
----------------------------------------------------------------------------------------------------------------
19-02.240......................  Sovereign               3/9/12  11/24/14, [Insert  ............................
                                  Immunity.                       Federal Register
                                                                  citation].
----------------------------------------------------------------------------------------------------------------
                            Subchapter VI--Repealer, Severability and Effective Date
----------------------------------------------------------------------------------------------------------------
19-02.250......................  Repealer.........       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
19-02.260......................  Severability.....       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
19-02.270......................  Effective Date...       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
----------------------------------------------------------------------------------------------------------------

    (d) [Reserved]
    (e) EPA-approved nonregulatory provisions and quasi-regulatory
measures.

EPA-Approved Swinomish Indians of the Swinomish Reservation Washington
Nonregulatory Provisions and Quasi-Regulatory Measures

                                           Table 1--Air Quality Plans
----------------------------------------------------------------------------------------------------------------
                                              Tribal
               Name of plan                 submittal        EPA approval date               Explanations
                                               date
----------------------------------------------------------------------------------------------------------------
Swinomish Tribal Implementation Plan for      11/18/13  11/24/14, [Insert Federal    Except the section on
 Open Burning (Swinomish TIP, Part I).                   Register citation].          ``Adoption Process and
                                                                                Procedure''.
----------------------------------------------------------------------------------------------------------------

                    Table 2--Swinomish Tribal Code Approved but Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                       Tribal
        Tribal citation            Title/subject     effective   EPA approval date          Explanations
                                                        date
----------------------------------------------------------------------------------------------------------------
    Swinomish Tribal Code Title 19 Environmental Protection, Chapter 2--Clean Air Act (Swinomish TIP for Open
                                                Burning Part II)
----------------------------------------------------------------------------------------------------------------
                                           Subchapter IV--Enforcement
----------------------------------------------------------------------------------------------------------------
19-02.190......................  Enforcement......       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
19-02.200......................  Penalties........       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
19-02.210......................  Damages..........       3/9/12  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
----------------------------------------------------------------------------------------------------------------
                                              Subchapter V--Appeals
----------------------------------------------------------------------------------------------------------------
19-02.220......................  Appeals of              3/9/12  11/24/14, [Insert  ............................
                                  Department                      Federal Register
                                  Decisions.                      citation].
19-02.230......................  Tribal                  3/9/12  11/24/14, [Insert  ............................
                                  Administrative                  Federal Register
                                  Remedies and                    citation].
                                  Tribal Court.
----------------------------------------------------------------------------------------------------------------
                Title 19--Environmental Protection, Chapter 4--Shorelines and Sensitive Areas Act
----------------------------------------------------------------------------------------------------------------
                    Subchapter IX--Hearings, Appeals, Computation of Time and Law Applicable
----------------------------------------------------------------------------------------------------------------
19-04.560......................  Request for            8/18/05  11/24/14, [Insert  ............................
                                  Hearing Before                  Federal Register
                                  the Planning                    citation].
                                  Commission.
19-04.570......................  Hearings by the        8/18/05  11/24/14, [Insert  ............................
                                  Planning                        Federal Register
                                  Commission.                     citation].
19-04.580......................  Appeals of             8/18/05  11/24/14, [Insert  ............................
                                  Planning                        Federal Register
                                  Commission                      citation].
                                  Decisions.
19-04.590......................  Appeals of Senate      8/18/05  11/24/14, [Insert  ............................
                                  Decisions.                      Federal Register
                                                                  citation].
19-04.600......................  Time and Finality      8/18/05  11/24/14, [Insert  ............................
                                                                  Federal Register
                                                                  citation].
----------------------------------------------------------------------------------------------------------------

0
5. Section 49.10960 is amended by removing and reserving paragraph (g)
to read as follows:

Sec.  49.10960  Federally-promulgated regulations and Federal
implementation plans.

* * * * *
    (g) [Reserved]
* * * * *
[FR Doc. 2014-27634 Filed 11-21-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46292-46295]
[FR Doc No: 2021-17670]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92651; File No. SR-NYSEArca-2021-28]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Instituting Proceedings To Determine
Whether To Approve or Disapprove a Proposed Rule Change, as Modified by
Amendment No. 1, To List and Trade Shares of ConvexityShares Daily 1.5x
SPIKES Futures ETF Under NYSE Arca Rule 8.200-E (Trust Issued Receipts)

August 12, 2021.

I. Introduction

    On May 13, 2021, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed

with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'' or
``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to list and trade shares (``Shares'') of the ConvexityShares
Daily 1.5x SPIKES Futures ETF (``Fund''), a series of the
ConvexityShares Trust (``Trust''), under NYSE Arca Rule 8.200-E,
Commentary .02 (``Trust Issued Receipts''). The proposed rule change
was published for comment in the Federal Register on May 26, 2021.\3\
On July 2, 2021, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
rule change.\5\ On July 26, 2021, the Exchange filed Amendment No. 1 to
the proposed rule change, which replaced and superseded the proposed
rule change as originally filed.\6\ The Commission has received no
comments on the proposed rule change. The Commission is publishing this
notice and order to solicit comments on Amendment No. 1 from interested
persons, and to institute proceedings pursuant to Section 19(b)(2)(B)
of the Act \7\ to determine whether to approve or disapprove the
proposed rule change, as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 91949 (May 20,
2021), 86 FR 28420.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 92320, 86 FR 36309
(July 9, 2021). The Commission designated August 24, 2021, as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to approve or disapprove,
the proposed rule change.
    \6\ In Amendment No. 1, the Exchange: (i) Stated that Teucrium
Trading, LLC will be the Sub-Adviser for the Fund; (ii) represented
that neither the Sponsor nor the Sub-Adviser (as such terms are
defined below) is registered as a broker-dealer or affiliated with a
broker-dealer and made additional representations with respect to
firewalls; (iii) stated that the Sponsor or Sub-Adviser determines
the type, quantity and mix of investments that the Sponsor or Sub-
Adviser believes, in combination, should provide daily leveraged
exposure to the Index (as defined below) to seek investment results
equal to one-and-a-half times the performance of the Index; (iv)
stated that the Sponsor or Sub-Adviser may cause the Fund to invest
in VIX Related Positions (as defined below) if the market for a
specific futures contract experiences emergencies or disruptions or
in situations where the Sponsor or Sub-Adviser deems it impractical
or inadvisable to buy or sell SPIKES futures contracts; (v)
represented that (a) the Fund will attempt to limit counterparty
risk in uncleared swap agreements by entering into such agreements
only with counterparties the Sponsor and Sub-Adviser believes are
creditworthy and by limiting the Fund's exposure to each
counterparty and (b) the Sponsor and Sub-Adviser will monitor the
creditworthiness of each counterparty and the Fund's exposure to
each counterparty on an ongoing basis; (vi) stated that, with
respect to halting trading in the Shares, the Exchange may consider
(a) the extent to which trading is not occurring in the securities
and/or the financial instruments composing the daily disclosed
portfolio of the Fund; or (b) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present; (vii) represented that information regarding
market price and trading volume for the Shares will be continually
available on a real-time basis throughout the day on brokers'
computer screens and other electronic services; and (viii) made
technical, clarifying, and conforming changes. Amendment No. 1 is
available at: https://www.sec.gov/comments/sr-nysearca-2021-28/srnysearca202128-9090695-246773.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change, as Modified by Amendment
No. 1 8
---------------------------------------------------------------------------

    \8\ Additional information regarding the Fund, the Trust, and
the Shares, including investment strategies, creation and redemption
procedures, and portfolio holdings can be found in Amendment No. 1,
supra note 6.
---------------------------------------------------------------------------

    The Exchange proposes to list and trade Shares of the Fund \9\
under NYSE Arca Rule 8.200-E, Commentary .02 which governs the listing
and trading of Trust Issued Receipts \10\ on the Exchange. The Fund
will be managed and controlled by ConvexityShares, LLC (``Sponsor''), a
commodity pool operator.\11\ Teucrium Trading, LLC, a commodity trading
adviser registered with the Commodity Futures Trading Commission, will
be the Sub-Adviser for the Fund (``Sub-Adviser'') and will manage the
Fund's commodity futures investment strategy.\12\ U.S. Bank will
provide custody and fund accounting to the Trust and the Fund; U.S.
Bancorp Fund Services will be the transfer agent for the Shares and
administrator for the Fund; and Foreside will serve as the distributor
for the Fund.
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    \9\ On December 15, 2020, the Trust submitted to the Commission
its draft registration statement on Form S-1 (``Registration
Statement'') under the Securities Act of 1933 on a confidential
basis. The Registration Statement for the Fund is not yet effective
and the Exchange will not commence trading in Shares of the Fund
until the Registration Statement becomes effective.
    \10\ Commentary .02 to NYSE Arca Rule 8.200-E applies to Trust
Issued Receipts that invest in ``Financial Instruments.'' The term
``Financial Instruments,'' as defined in Commentary .02(b)(4) to
NYSE Arca Rule 8.200-E, means any combination of investments,
including cash; securities; options on securities and indices;
futures contracts; options on futures contracts; forward contracts;
equity caps, collars, and floors; and swap agreements.
    \11\ The Sponsor is not registered as a broker-dealer or
affiliated with a broker-dealer. In the event (a) the Sponsor
becomes registered as a broker-dealer or becomes newly affiliated
with a broker-dealer, or (b) any new sponsor becomes registered as a
broker-dealer or becomes newly affiliated with a broker-dealer, it
will implement and maintain a fire wall with respect to its relevant
personnel of the broker-dealer or broker-dealer affiliate, as
applicable, regarding access to information concerning the
composition and/or changes to the portfolio, and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding the portfolio.
    \12\ The Sub-Adviser is not registered as a broker-dealer or
affiliated with a broker-dealer. In the event (a) the Sub-Adviser
becomes registered as a broker-dealer or becomes newly affiliated
with a broker-dealer, or (b) any new Sub-Adviser becomes registered
as a broker-dealer or becomes newly affiliated with a broker-dealer,
it will implement and maintain a fire wall with respect to its
relevant personnel of the broker-dealer or broker-dealer affiliate,
as applicable, regarding access to information concerning the
composition and/or changes to the portfolio, and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding the portfolio.
---------------------------------------------------------------------------

    The Fund will seek daily investment results, before fees and
expenses, that correspond to one-and-a-half times (1.5x) the
performance of its benchmark index for a single day.\13\ The Fund is
benchmarked to the T3 SPIKE Front 2 Futures Index (``Index''), an
investable index of SPIKES futures contracts.\14\ The Index is intended
to reflect the returns that are potentially available through an
unleveraged investment in a theoretical portfolio of first- and second-
month futures contracts on the SPIKES Volatility Index (``SPIKES
Index'').\15\
---------------------------------------------------------------------------

    \13\ A ``single day'' is measured from the time the Fund
calculates its net asset value (``NAV'') to the time of the Fund's
next NAV calculation. The NAV calculation time for the Fund is
typically 4:00 p.m. (Eastern Time).
    \14\ The Index is sponsored by Triple Three Partners Pty Ltd,
which licenses the use of the Index to its affiliated company, T3i
Pty Ltd (Triple Three Partners Pty Ltd and T3i Pty Ltd. are
collectively referred to herein as ``T3 Index'' or ``Index
Sponsor''). The Index Sponsor is affiliated with the Sponsor. The
Index Sponsor has implemented and will maintain a fire wall
regarding access to information concerning the composition of and/or
changes to the Index. In addition, the Index Sponsor has implemented
and will maintain procedures that are designed to prevent the use
and dissemination of material, non-public information regarding the
Index. The Index Sponsor is not registered as an investment adviser
or broker-dealer and is not affiliated with any broker-dealers. The
Index is calculated and published by Solactive AG, which is not
affiliated with T3 Index.
    \15\ The Exchange states that the SPIKES Index is a non-
investable index that measures the implied volatility of the SPDR
S&P 500 ETF Trust (``SPY'') over 30 days in the future. SPY is a
unit investment trust that holds a portfolio of common stocks that
closely tracks the price performance and dividend yield of the S&P
500 Composite Price Index (``S&P 500''). The SPIKES Index does not
represent the actual or the realized volatility of SPY. The SPIKES
Index is calculated based on the prices of a constantly changing
portfolio of SPY put and call options. The SPIKES Index is
reflective of the premium paid by investors for certain options
linked to the level of the S&P 500. The SPIKES Index is a
theoretical calculation and cannot be traded on a spot basis. T3
Index is the owner, creator and licensor of the SPIKES Index. The
SPIKES Index is calculated, maintained and published by Miami
International Securities Exchange, LLC via the Options Price
Reporting Authority.

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

    The Index is comprised solely of SPIKES futures contracts.\16\ The
Index employs rules for selecting the SPIKES futures contracts
comprising the Index and a formula to calculate a level for the Index
from the prices of these SPIKES futures contracts. Currently, the
SPIKES futures contracts comprising the Index represent the prices of
two near-term SPIKES futures contracts, replicating a position that
rolls the nearest month SPIKES futures contracts to the next month
SPIKES futures contracts at or close to the daily settlement price via
a Trade-At-Settlement \17\ program towards the end of each business day
in equal fractional amounts. This results in a constant weighted
average maturity of one month.
---------------------------------------------------------------------------

    \16\ According to the Exchange, SPIKES futures contracts were
launched for trading by the Minneapolis Grain Exchange, LLC
(``MGEX'') on December 14, 2020. While the SPIKES Index represents a
measure of the expected 30-day volatility of SPY, the prices of
SPIKES futures contracts are based on the current expectation of the
expected 30-day volatility of SPY on the expiration date of the
futures contract.
    \17\ According to the Exchange, a Trade at Settlement (``TAS'')
transaction is a transaction at a price equal to the daily
settlement price, or at a specified differential above or below the
daily settlement price. The TAS transaction price will be determined
following execution and based upon the daily settlement price of the
respective SPIKES futures contracts month. The permissible price
range for permitted TAS transactions is from 0.50 index points below
the daily settlement price to 0.50 index points above the daily
settlement price. The permissible minimum increment for a TAS
transaction is 0.01 index points. See MGEX Rule 83.15 at http://www.mgex.com/documents/20210318-Rulebook.pdf.
---------------------------------------------------------------------------

    The Fund will invest primarily in SPIKES futures contracts to gain
the appropriate exposure to the Index. Under certain circumstances
(described below), the Fund may also invest in futures contracts and
swap contracts (``VIX Related Positions'') on the Cboe Volatility Index
(``VIX'').\18\ The Exchange states that the VIX is an index that tracks
volatility and would be expected to perform in a substantially similar
manner as the SPIKES Index.
---------------------------------------------------------------------------

    \18\ According to the Exchange, the VIX is a measure of
estimated near-term future volatility based upon the weighted
average of the implied volatilities of near-term put and call
options on the S&P 500.
---------------------------------------------------------------------------

    The Fund seeks to achieve its investment objective through the
appropriate amount of exposure to the SPIKES futures contracts included
in the Index. The Fund will not directly invest in the SPIKES Index.
The Sponsor or Sub-Adviser determines the type, quantity and mix of
investments that the Sponsor or Sub-Adviser believes, in combination,
should provide daily leveraged exposure to the Index to seek investment
results equal to one-and-a-half times the performance of the Index. In
the event accountability rules, price limits, position limits, margin
limits or other exposure limits are reached with respect to SPIKES
futures contracts, or if the market for a specific futures contract
experiences emergencies (e.g., natural disaster, terrorist attack or an
act of God) or disruptions (e.g., a trading halt or a flash crash), or
in situations where the Sponsor or Sub-Adviser deems it impractical or
inadvisable to buy or sell SPIKES futures contracts (such as during
periods of market volatility or illiquidity, or when trading in SPY is
halted), the Sponsor or Sub-Adviser may cause the Fund to invest in VIX
Related Positions. The Sponsor expects the Fund's positions in VIX
Related Positions to consist primarily of VIX futures contracts, which
are traded on the Cboe Futures Exchange. However, in the event
accountability rules, price limits, position limits, margin limits or
other exposure limits are reached with respect to VIX futures
contracts, or if the market for a specific VIX futures contract
experiences emergencies or disruptions or in situations where the
Sponsor or Sub-Adviser deems it impractical or inadvisable to buy or
sell VIX futures contracts, the Fund would hold VIX swap
agreements.\19\ The Fund will also hold cash or cash equivalents such
as U.S. Treasury securities or other high credit quality, short-term
fixed-income or similar securities (such as shares of money market
funds) as collateral for investments and pending investments.
---------------------------------------------------------------------------

    \19\ The Fund will attempt to limit counterparty risk in
uncleared swap agreements by entering into such agreements only with
counterparties the Sponsor and Sub-Adviser believes are creditworthy
and by limiting the Fund's exposure to each counterparty. The
Exchange represents that the Sponsor and Sub-Adviser will monitor
the creditworthiness of each counterparty and the Fund's exposure to
each counterparty on an ongoing basis.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2021-28, as Modified by Amendment No. 1, and Grounds for
Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \20\ to determine whether the proposed rule
change, as modified by Amendment No. 1, should be approved or
disapproved. Institution of such proceedings is appropriate at this
time in view of the legal and policy issues raised by the proposal.
Institution of proceedings does not indicate that the Commission has
reached any conclusions with respect to any of the issues involved.
Rather, as described below, the Commission seeks and encourages
interested persons to provide comments on the proposed rule change.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\21\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposal's consistency with Section 6(b)(5) of the Act,
which requires, among other things, that the rules of a national
securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \22\
---------------------------------------------------------------------------

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

    Under the Commission's Rules of Practice, the ``burden to
demonstrate that a proposed rule change is consistent with the Exchange
Act and the rules and regulations issued thereunder . . . is on the
[SRO] that proposed the rule change.'' \23\ The description of a
proposed rule change, its purpose and operation, its effect, and a
legal analysis of its consistency with applicable requirements must all
be sufficiently detailed and specific to support an affirmative
Commission finding,\24\ and any failure of an SRO to provide this
information may result in the Commission not having a sufficient basis
to make an affirmative finding that a proposed rule change is
consistent with the Act and the applicable rules and regulations.\25\
---------------------------------------------------------------------------

    \23\ 17 CFR 201.700(b)(3).
    \24\ See id.
    \25\ See id.
---------------------------------------------------------------------------

    The Commission is instituting proceedings to allow for additional
consideration and comment on the issues raised herein, including as to
whether the proposal is consistent with the Act.

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposed rule
change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) or any other provision of the Act, or the rules and regulations
thereunder. Although there do not appear to be any issues relevant to

approval or disapproval that would be facilitated by an oral
presentation of views, data, and arguments, the Commission will
consider, pursuant to Rule 19b-4, any request for an opportunity to
make an oral presentation.\26\
---------------------------------------------------------------------------

    \26\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change, as modified by
Amendment No. 1, should be approved or disapproved by September 8,
2021. Any person who wishes to file a rebuttal to any other person's
submission must file that rebuttal by September 22, 2021.
    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Amendment No. 1, in addition to any other comments they may wish
to submit about the proposed rule change. In this regard, the
Commission seeks commenters' views regarding whether the Exchange's
proposal to list and trade the Shares, which seek to provide daily
investment results that correspond to one-and-a-half times the return
of an index designed to measure the daily performance of a theoretical
portfolio of first- and second-month SPIKES futures contracts, is
adequately designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, and to
protect investors and the public interest, consistent with the Act.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2021-28 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-NYSEArca-2021-28. 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 (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 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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2021-28 and should be submitted
by September 8, 2021. Rebuttal comments should be submitted by
September 22, 2021.
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(57).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-17670 Filed 8-17-21; 8:45 am]
BILLING CODE 8011-01-P


36984 Federal Register / Vol. 68, No. 119 / Friday, June 20, 2003 / Notices transport of contaminants from the spent ore and its drain down solutions, including metals uptake through the food chain, and more detailed information on the proposed closure process; existing water quality; impacts to air quality, including mercury emissions; and mitigation and monitoring measures.

Final EISs ERP No. F   AFS   F65035   WI, Cayuga Project Area, Various Resource Management Projects, Implementation, Chequamegon Nicolet National Forest, Great Divide Ranger District, Ashland County, WI. Summary: EPA has no objections to the FEIS since design features will avoid and reduce potential impacts, and the project is consistent with the Forest Management Plan. ERP No. F   AFS   J65373   MT, Canyon Lake Dam and Wyant Lake Dam Project, Access to their Facilities with Prescribe Terms and Conditions, Authorization, Canyon Creek Irrigation District ( CCID), Bitterroot National Forest, Selway Bitterroot Wilderness, Ravalli County, MT. Summary: EPA expressed environmental concerns about potential sedimentation and wetlands impacts that may occur during dam breaching and repair work, and noted the need for completed permits and authorizations prior to construction. ERP No. F   FHW   E40787   AL, Memphis to Atlanta Corridor Study, Alabama State Line to I   65, Funding and U. S. Army COE Section 404 Permit Issuance, Colbert, Franklin, Lauderdale, Lawrence, Limestone and Morgan Counties, AL. Summary: EPA continues to have environmental concerns regarding the preferred alternative, specially related to protect impacts associated with wetlands and aquatic resources, storm water, noise, relocations, and other natural habitat impacts. EPA recommends that commitments for wetland and aquatic resource mitigation be included in the ROD and mitigation for noise and relocation impacts should be considered further. ERP No. F   FHW   E40793   00, Appalachian Corridor I   66 Highway Construction, US 23/ 119 south of Pikeville, KY eastward to the King Coal Highway southeast of Matewan, Funding and U. S. Army COE Section 404 Permit Issuance, Pike County, KY and Mingo County, WV. Summary: EPA continues to have environmental concerns with the proposed project. Specifically, EPA recommends that avoidance and/ or mitigation of wetlands and stream impacts should be monitored and addressed as the project progresses. Furthermore, EPA recommends that impacts to ecosystems from the conversion of woodlands should be monitored and addressed as necessary. ERP No. F   NPS   E65061   FL, Biscayne National Park General Management Plan Amendment, Evaluation of the Effects of Several Alternatives for a Long Term Management Plan, Stillsville, Biscayne National Park, Homestead, Miami Dade County, FL. Summary: EPA fully supports National Park Service's two leasing alternatives of the Stillsville structures with appropriate waste water and trash management. ERP No. F   NPS   J61022   MT, Glacier National Park   Going to Sun Road Rehabilitation Plan to Protect and Preserve a National Historic Landmark, Waterton Glacier International Peace Park, The World's First International Peace Park, A World Heritage Site, MT. Summary: EPA did not identify any potential environmental impacts requiring substantive changes to the proposal and expressed lack of objections. ERP No. F   SFW   E91013   FL, Proposed Rulemaking for: The Incidental Take of Small Numbers of Florida Manatees ( Trichechus manatus latirostris) Resulting from Government Programs Related to Watercraft Access and Watercraft Operation in the State of Florida, FL. Summary: EPA supports the U. S. Fish and Wildlife Service's Preferred Alternative that proposes legislation allowing unintentional taking of small numbers of Florida manatees in three regional populations. ERP No. FA   FHW   J40030   UT, US   189, Wildwood to Heber Valley, between the junctions with UT   92 and US   40, Funding, Utah and Wasatch Counties, UT. Summary: No formal comment letter was sent to the preparing agency. ERP No. F   FHW   B50013   RI, Sakonnet River Bridge Rehabilitation or Replacement Project, Portsmouth & Tiverton, Newport County, RI. Summary: EPA has no significant objections to the preferred alternative.

Dated: June 17, 2003.

Joseph C. Montgomery,

Director, NEPA Compliance Division, Office of Federal Activities. [ FR Doc. 03   15672 Filed 6   19   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0199; FRL   7312   4]

Kansas State Plan for Certification of Applicators of Restricted Use Pesticides; Notice of Approval AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In the Federal Register of April 15, 2003 ( 68 FR 0073) ( FRL   7299   2), EPA issued a notice of intent to approve an amended Kansas Plan for the certification of applicators of restricted use pesticides. In the notice EPA solicited comments from the public on the proposed action to approve the amended Kansas Plan. The amended Certification Plan Kansas submitted to EPA contained programmatic changes to its current Certification Plan. The proposed amendments establish new requirements for the recertification of pesticide applicators. No comments were received and EPA hereby approves the amended Kansas Plan. ADDRESSES: The amended Kansas Certification Plan can be reviewed at the locations listed under Unit I. B. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: John Tice, Water, Wetlands, and Pesticides Division, WWPD/ PEST, 100 Centennial Mall N., Room 289, Lincoln, NE 68508; telephone number: ( 402) 437   5080; email address: Tice. john@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to those involved in agriculture and anyone involved with the distribution and application of pesticides for agricultural purposes. Others involved with pesticides in a non agricultural setting may also be affected. In addition, it may be of interest to others, such as, those persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act ( FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

VerDate Jan< 31> 2003 19: 21 Jun 19, 2003 Jkt 200001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 20JNN1. SGM 20JNN1 36985 Federal Register / Vol. 68, No. 119 / Friday, June 20, 2003 / Notices B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0199 which references the original documents in docket identification ( ID) number OPP   2003   0078. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. In addition to the sources listed in this unit, you may obtain copies of the amended Kansas Certification Plan, other related documents, or additional information by contacting: 1. John Tice at the address listed under FOR FURTHER INFORMATION CONTACT. 2. Jeanne Fox, Kansas Department of Agriculture, 109 SW 9th St., Third Floor, Topeka, KS 66612; telephone number: ( 785) 296   2265; e mail address: jfox@ kda. state. ks. us. 3. Jeanne Heying, Field and External Affairs Division ( 7506C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   3240; e mail address: heying. jeanne@ epa. gov.

II. What Action is the Agency Taking? EPA is approving the amended Kansas Certification Plan. This approval is based upon the EPA review of the Kansas Plan and finding it in compliance with FIFRA and 40 CFR part 171. Further, there were no public comments submitted to the earlier Federal Register notice soliciting comments. The amended Kansas Certification Plan is therefore approved.

List of Subjects Environmental protection, Education, Pests and pesticides.

Dated: June 11, 2003. James B. Gulliford, Regional Administrator, Region VII. [ FR Doc. 03   15670 Filed 6   19   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7515   8]

Air Quality Criteria for Particulate Matter ( Fourth External Review Draft)

AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of a draft for public review and comment.

SUMMARY: On or about June 30, 2003, the National Center for Environmental Assessment ( NCEA), within EPA's Office of Research and Development, will make available for public review and comment a fourth external review draft of a revised EPA document, Air Quality Criteria for Particulate Matter. Under sections 108 and 109 of the Clean Air Act, the purpose of the revised document is to provide an assessment of the latest scientific information on the effects of airborne particulate matter ( PM) on the public health and welfare, for use in EPA's current review of the National Ambient Air Quality Standards ( NAAQS) for PM. DATES: Comments on the draft document must be submitted in writing no later than August 31, 2003. Send the written comments to the Project Manager for Particulate Matter, National Center for Environmental Assessment RTP ( B243   01), U. S. Environmental Protection Agency, Research Triangle Park, NC 27711. ADDRESSES: A copy of the EPA document, Air Quality Criteria for Particulate Matter ( Fourth External Review Draft), consisting of two volumes, will be available on CD ROM from NCEA   RTP. Contact Ms. Diane Ray by phone ( 919   541   3637), fax ( 919   541   1818), or email ( ray. diane@ epa. gov) to request the document. Please provide the document's title, Air Quality Criteria for Particulate Matter ( Fourth External Review Draft), and the EPA numbers for each of the two volumes ( EPA/ 600/ P   99/ 002aD and EPA/ 600/ P   99/ 002bD), as well as your name and address, to facilitate processing of your request. Internet users will be able to download a copy from the NCEA Web site at http:// www. epa. gov/ ncea. Hard copies of the draft document can also be made available upon request to Ms. Ray. FOR FURTHER INFORMATION CONTACT: Dr. Robert Elias, National Center for Environmental Assessment RTP ( B243   01), U. S. Environmental Protection Agency, Research Triangle Park, NC 27711; telephone: 919   541   4167; fax: 919   541   1818; e mail: elias. robert@ epa. gov.

SUPPLEMENTARY INFORMATION: EPA is in the process of updating, and revising where appropriate, the document Air Quality Criteria for Particulate Matter as issued in 1996. Sections 108 and 109 of the Clean Air Act require that EPA carry out a periodic review and revision, where appropriate, of the air quality criteria and the NAAQS for `` criteria'' air pollutants such as PM. Details of EPA's plans for the review of the NAAQS for PM were initially announced in a previous Federal Register notice ( 62 FR 55201, October 23, 1997). EPA made a First External Review Draft of the updated Air Quality Criteria for Particulate Matter available in 1999 for review by members of the public and the Clean Air Scientific Advisory Committee ( CASAC) ( 64 FR 57884, October 27, 1999). Following that public review and a meeting of the CASAC in December 1999 ( 64 FR 61875, November 15, 1999), EPA revised the document in response to CASAC and public comments, as well as to reflect additional new studies on PM effects that were not available in time for the First External Review Draft. In April 2001, EPA made a Second External Review Draft of Air Quality Criteria for Particulate Matter available for public and CASAC review ( 66 FR 18929, April 12, 2001). Following that public review and a second CASAC meeting in July 2001 ( 66 FR 34924, July 2, 2001), EPA again revised the document in response to CASAC and public comments and to reflect more new PM studies that had become available.

VerDate Jan< 31> 2003 19: 21 Jun 19, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 20JNN1. SGM 20JNN1


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24086-24087]
[FR Doc No: 2016-09476]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket No.                 File Date          Requester
------------------------------------------------------------------------
Prohibited:
    1. IS16-61-000................        4-1-2016  Travis Gooch.
    2. CP15-138-000...............        4-1-2016  Sharon and Russell
                                                     Olt.
    3. CP16-21-000................        4-5-2016  Mass Mailing.\1\
    4. CP16-21-000................        4-5-2016  Linda Rauter.
    5. CP16-21-000................        4-6-2016  Mass Mailing.\2\
    6. CP16-21-000................        4-6-2016  Mass Mailing.\3\
    7. CP16-21-000................        4-7-2016  Mass Mailing.\4\
    8. CP16-21-000................        4-8-2016  Risa & Michael
                                                     Andre.
    9. CP16-21-000................        4-8-2016  Mass Mailing.\5\
    10. CP16-21-000...............       4-11-2016  Mass Mailing.\6\
    11. CP15-138-000..............       4-11-2016  John and Sandra
                                                     Walker.
    12. CP13-483-000; CP13-492-000       4-11-2016  North America's
                                                     Building Trade
                                                     Union President
                                                     Sean McGarvey.
    13. CP16-21-000...............       4-12-2016  Mass Mailing.\7\
    14. CP16-21-000...............       4-15-2016  Mass Mailing.\8\
    15. CP13-483-000; CP13-492-000       4-15-2016  Kinder Morgan Inc.
Exempt:
    1. CP16-21-000; PF14-22-000...        4-4-2016  U.S. House
                                                     Representative Ann
                                                     McLane Kuster.
    2. CP15-554-000; PF15-6-000...        4-5-2016  Pocahontas County,
                                                     West Virginia
                                                     Commission.
    3. CP15-554-000...............        4-5-2016  U.S. House
                                                     Representative Bob
                                                     Goodlatte.
    4. CP15-558-000...............        4-5-2016  Delaware Township,
                                                     New Jersey Mayor
                                                     Susan Lockwood.
    5. CP14-517-000...............        4-6-2016  FERC Staff.\9\
    6. CP13-483-000; CP13-492-000.        4-8-2006  U.S. House
                                                     Representative Kurt
                                                     Schrader.
    7. CP13-483-000; CP13-492-000.       4-11-2006  State of Colorado
                                                     Governor John. W.
                                                     Hickenlooper.
    8. CP15-554-000...............       4-11-2016  State of West
                                                     Virginia House of
                                                     Delegates Energy
                                                     Committee Chairman
                                                     L.K. Woody Ireland.
    9. CP13-483-000...............       4-12-2016  U.S. Senate
                                                     Democratic Leader
                                                     Harry Reid.
------------------------------------------------------------------------
\1\ 3 letters have been sent to FERC Commissioners and staff under this
  docket number.
\2\ 3 letters have been sent to FERC Commissioners and staff under this
  docket number.

\3\ 7 letters have been sent to FERC Commissioners and staff under this
  docket number.
\4\ 7 letters have been sent to FERC Commissioners and staff under this
  docket number.
\5\ 2 letters have been sent to FERC Commissioners and staff under this
  docket number.
\6\ 4 letters have been sent to FERC Commissioners and staff under this
  docket number.
\7\ 2 letters have been sent to FERC Commissioners and staff under this
  docket number.
\8\ 3 letters have been sent to FERC Commissioners and staff under this
  docket number.
\9\ Meeting Summary from April 6, 2016 conference call between FERC,
  Golden Pass LNG, and CH-IV.

    Dated: April 19, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-09476 Filed 4-22-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32972-32974]
[FR Doc No: 2023-10886]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0205]
RIN 1625-AA00

Safety Zone; Fireworks Display, Yaquina Bay, Newport, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Yaquina Bay. This action is necessary to provide
for the safety of participants and the maritime public during a
fireworks display on the Yaquina Bay near Newport, Oregon on July 4th,
2023. This regulation prohibits non-participant persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Columbia River or a designated representative.

DATES: This rule is effective from 9:30 p.m. to 11 p.m. on July 4,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0205 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Carlie Gilligan, Waterways
Management Division, Sector Columbia River, Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 6, 2023, Western Display Fireworks, LTD notified the
Coast Guard that it will be conducting a fireworks display from 10 to
10:30 p.m. on July 4, 2023. In response, on March 27, 2023, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Fireworks Display, Yaquina Bay, Newport, OR (88 FR 18104). There
we stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended April 26, 2023, we received two comments, both in
support of the proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Columbia River (COTP) has determined
that the potential hazards associated with the fireworks display would
be a safety concern for anyone within the designated area of the safety
zone before, during, or after the event. The purpose of this rulemaking
is to protect personnel, vessels, and the marine environment in these
navigable waters before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two relevant comments on our NPRM
published March 27, 2023. The comments supported and agreed with the
proposed rule. Thus, there are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 9:30 to 11 p.m. on July 4,
2023. The safety zone would cover all navigable waters within 500 feet
of the launch site located at approximately 44[deg]37'31'' N
124[deg]2'5'' W in the Port of Newport, Oregon. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 10 to 10:30 p.m.
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone created by
this rule is designed to minimize its impact on navigable waters. This
rule prohibits entry into certain navigable waters of the Yaquina Bay
and will not exceed 2 hours in duration. Thus, restrictions on vessel
movement within that area will be minimal. Moreover, under certain
conditions vessels may still transit through the safety zone when
permitted by the COTP. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have Tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves a safety zone that will be enforced for 1.5 hours that will
prohibit entry within 500 feet of a fireworks launch site. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T13-0205 to read as follows:

Sec.  165.T13-0205  Safety Zone; Fireworks Display, Yaquina Bay,
Newport, OR.

    (a) Location. The following area is a safety zone: All navigable
waters within 500 feet of a fireworks launch site in Newport, OR. The
fireworks launch site will be at the approximate point of
44[deg]37'31.62'' N/124[deg]2'5.42'' W.

    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the safety zone.
    Participant means all persons and vessels registered with the event
sponsor as a participant in the fireworks display.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, all non-participants may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by calling<PHONE_NUMBER> or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
    (3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
    (d) Enforcement period. This section will be enforced from 9:30 to
11 p.m. on July 4, 2023. It will be subject to enforcement this entire
period unless the COTP determines it is no longer needed, in which case
the Coast Guard will inform mariners via Notice to Mariners.

    Dated: May 17, 2023.
M. Scott Jackson,
Captain, U.S. Coast Guard Captain of the Port, Sector Columbia River.
[FR Doc. 2023-10886 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 23, 2006 (Volume 71, Number 163)]
[Notices]
[Page 49495-49496]
[DOCID:fr23au06-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54323; File No. SR-CHX-2006-27]

 Self-Regulatory Organization; Chicago Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Relating to Retroactive
Application of Participant Fees and Credits

August 16, 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 August 10, 2006, the Chicago Stock Exchange, Inc. (``CHX'' 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 CHX. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The CHX proposes to make effective, retroactive to February 9,
2005, the trading permit fee due to the Exchange if a CHX participant's
trading permit is cancelled intra-year.

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 CHX included statements
concerning the purpose of, and basis for, the proposed rule changes and
discussed any comments it received regarding the proposal. The text of
these statements may be examined at the places specified in Item IV
below. The CHX 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 Changes

1. Purpose
    The Exchange proposes to make effective, retroactive to February 9,
2005, a change to the Fee Schedule relating to the trading permit fee
due to the Exchange if a CHX participant's trading permit is cancelled
intra-year. This change to the Fee Schedule originally became effective
on October 24, 2005,\3\ and provided that for trading permits cancelled
intra-year, the CHX participant shall pay the Exchange the lesser of
$2,000 or the remaining balance of the annual trading permit fee. The
Exchange believed that it was appropriate to amend the Fee Schedule to
provide for some fee relief for CHX participants whose trading permits
are cancelled intra-year. However, the Exchange also believed that it
was necessary for the Exchange to have an adequate basis on which to
budget and project annual revenues. Accordingly, the Exchange
instituted the Fee Schedule change that it now seeks to make
retroactive.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 52815 (November 21,
2005), 70 FR 71572 (November 29, 2005) (SR-CHX-2005-31).
---------------------------------------------------------------------------

    The Exchange believed that it had requested retroactive application
of the Fee Schedule change at the same time that the change was
originally filed with the Commission.\4\ It now appears that
retroactive application was not requested at that juncture. The
Exchange has, however, been reserving funds to be refunded to CHX
participants once retroactive application of the Fee Schedule change is
approved. The Exchange believes that its participants are entitled to
such refunds on account of intra-year trading permit termination.
Accordingly, the Exchange proposes retroactive application of the Fee
Schedule change, dating back to February 9, 2005.\5\
---------------------------------------------------------------------------

    \4\ Id.
    \5\ February 9, 2005 was the date of the Exchange's
demutualization, and, correspondingly, the date upon which the Fee
Schedule provision relating to trading permit fees first became
effective.
---------------------------------------------------------------------------

2. Statutory Basis
    The CHX believes the proposal is consistent with the requirements
of the Act and the rules and regulations thereunder that are applicable
to a national securities exchange and with the requirements of Section
6(b) of the Act.\6\ The CHX believes the proposal is consistent with
Section 6(b)(4) of the Act \7\ in particular in that it provides for an
equitable allocation of reasonable fees and other charges among the
Exchange's participants.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition.

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

    No written comments were either solicited or received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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-CHX-2006-27 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File No. SR-CHX-2006-27. 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 changes 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 will also be available for inspection and copying at the
principal office of the CHX. 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-CHX-2006-27 and should be submitted on or before September
13, 2006.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-13934 Filed 8-22-06; 8:45 am]

BILLING CODE 8010-01-P