[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37827-37829]
[DOCID:fr02jy08-26]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0502]
RIN 1625-AA00

Safety Zone; City of Martinez Fourth of July Fireworks Display,
Martinez, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the launching of fireworks being sponsored by the City of Martinez. The
fireworks display will be held on July 4, 2008, on the shoreline of
Carquinez Straits. This safety zone is established to ensure the safety
of participants and spectators from the dangers associated with the
pyrotechnics. Unauthorized persons or vessels are prohibited from
entering into, transiting through, or remaining in the safety zone
without permission of the Captain of the Port or his designated
representative.

DATES: This rule is effective from 8:30 p.m. through 10 p.m. on July 4,
2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0502 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and Coast Guard
Sector San Francisco, 1 Yerba Buena Island, San Francisco, California
94130, between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Sheral Richardson, U.S.
Coast Guard Sector San Francisco, at<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event would occur before the
rulemaking process was complete. Because of the dangers posed by the
pyrotechnics used in this fireworks display, the safety zone is
necessary to provide for the safety of event participants, spectator
craft, and other vessels transiting the event area. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks display.

Background and Purpose

    The City of Martinez is sponsoring a brief fireworks display on
July 4, 2008. The fireworks show is meant for entertainment purposes
and will be used to celebrate Independence Day. The fireworks display
is scheduled to launch at 9:30 p.m., on July 4, 2008, and last twenty
minutes. The safety zone is being issued to establish a temporary
regulated area on Carquinez Straits around the fireworks launch site.
The safety zone around the launch site is necessary to protect
spectators, vessels, and other property from the hazards associated
with the pyrotechnics on the fireworks.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on
specified waters of Carquinez Straits, for the City of Martinez Fourth
of July Fireworks Display. The safety zone will apply to the navigable
waters around the fireworks site within a radius of 500 feet. The
fireworks launch site is on the shoreline of Martinez and will be
located in position 38[deg]01'32'' N, 122[deg]08'24'' W (NAD83).
    The effect of the temporary safety zone will be to restrict general
navigation in the vicinity of the fireworks launch site. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the safety zone. This safety
zone is needed to keep spectators and vessels a safe distance away from
the fireworks launch site to ensure the safety of participants,
spectators, and transiting vessels.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs

and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the safety zone will result in minimum
impact. The entities most likely to be affected are pleasure craft
engaged in recreational activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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.
    This rule may affect owners and operators of pleasure craft engaged
in recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for several reasons: (i) Vessel traffic can pass safely around the
area, (ii) vessels engaged in recreational activities and sightseeing
have ample space outside of the effected portion of Carquinez Straits
to engage in these activities, (iii) this rule will encompass only a
small portion of the waterway for a limited period of time, and (iv)
the maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction, that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g) of the

Instruction, from further environmental documentation.
    A final environmental analysis checklist and a final categorical
exclusion determination will be available in the docket under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165-T11-048 to read as follows:

Sec.  165-T11-048  Safety Zone; City of Martinez Fourth of July
Fireworks Display, Martinez, CA.

    (a) Location. The temporary safety zone is on specified waters of
Carquinez Straits. The safety zone will apply to the navigable waters
around fireworks site within a radius of 500 feet. The fireworks launch
site is on the shoreline of Martinez and will be located in position
38[deg]01[min]32[sec] N, 122[deg]08[min]24[sec] W (NAD83).
    (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 San Francisco (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23,
entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the COTP or the COTP's designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative. Persons and
vessels may request permission to enter the safety zone on VHF-16 or
the 24-hour Command Center via telephone at<PHONE_NUMBER>.
    (d) Effective period. This section is effective from 8:30 p.m.
through 10 p.m. on July 4, 2008.

    Dated: June 20, 2008.
D.J. Swatland,
Captain, U.S. Coast Guard, Acting Captain of the Port San Francisco.
[FR Doc. E8-14989 Filed 7-1-08; 8:45 am]

BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50714-50716]
[FR Doc No: 2017-23734]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81953; File No. SR-BX-2017-044]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Remove
References To Surrender Feature for Auto-Match Submissions in the Price
Improvement Auction

October 26, 2017.
    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 October 16, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify BX rules at Chapter VI, Section 9,
entitled ``Price Improvement Auction (``PRISM'')'' to correct an error.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange filed a proposed rule change to establish a price
improvement mechanism.\3\ By way of background, this price improvement
mechanism or ``PRISM'' includes auto-match functionality in which a
Participant (an ``Initiating Participant'') may electronically submit
for execution an order it represents as agent on behalf of a Public
Customer, Professional customer, broker dealer, or any other entity
(``PRISM Order'') against principal interest or against any other order
it represents as agent (an ``Initiating Order'') provided it submits
the PRISM Order for electronic execution into the PRISM Auction
(``Auction'') pursuant to the proposed Rule.\4\ To initiate the
Auction, the Initiating Participant must mark the PRISM Order for
Auction processing, and specify either: (a) A single price at which it
seeks to execute the PRISM Order (a ``stop price''); (b) that it is
willing to automatically match as principal or as agent on behalf of an
Initiating Order the price and size of all PRISM Auction Notifications
(``PAN'') responses, and trading interest (``auto-match'') in which
case the PRISM Order will be stopped at the NBBO on the Initiating
Order side; \5\ or (c) that it is willing to either: (i) Stop the
entire order at a single stop price and auto-match PAN responses and
trading interest at a price or prices that improve the stop price to a
specified price (a ``No Worse Than'' or ``NWT'' price); (ii) stop the
entire order at a single stop price and auto-match all PAN responses
and trading interest at or better than the stop price; or (iii) stop
the entire order at the NBBO on the Initiating Order side, and auto-
match PAN responses and trading interest at a price or prices that
improve the stop price up to the NWT price. In all cases, if the BX BBO
on the same side of the market as the PRISM Order represents a limit
order on the book, the stop price must be at least the Minimum
Increment better than the booked limit order's limit price.
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    \3\ See Securities Exchange Act Release No. 76301 (October 29,
2015), 80 FR 68347 (November 4, 2015) (SR-BX-2015-032).
    \4\ BX only conducts auctions for Simple Orders. Only one
Auction may be conducted at a time in any given series. Once
commenced, an Auction may not be cancelled.
    \5\ This is accomplished by marking the Initiating Order with a
market (MKT) price.
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    When starting an Auction, the Initiating Participant may submit the
Initiating Order with a designation of ``surrender'' to other PRISM
Participants (``Surrender''), which will result in the Initiating
Participant forfeiting priority and trade allocation privileges. If
Surrender is specified the Initiating Order will only trade if there is
not enough interest available to fully execute the PRISM Order at
prices which are equal to or improve upon the stop price.\6\ At the
time the Exchange filed to permit Surrender within the BX PRISM
auction,\7\ the rule text at Chapter VI, Section 9(ii)(A)(1) provided
that, ``When starting an Auction, the Initiating Participant may submit
the Initiating Order with a designation of ``surrender'' to the other
PRISM Participants (``Surrender'') which will result in the Initiating
Participant forfeiting the priority and trade allocation privileges
which he is otherwise entitled to as per Section 9(ii)(E)(2)(a) and (b)
and Section 9(ii)(F)(2)(a) and (b).'' Section 9(ii)(E)(2)(b) and
Section 9(ii)(F)(2)(b) refer to the auto-match functionality. The
Exchange has not offered Surrender with respect to auto-match. The
Exchange does not believe that auto-match is suitable for Surrender. By
definition the purpose of the auto-match feature is that the Initiating
Participant is going to match all responses and seek a greater
allocation. This language is at odds with the Surrender feature where
the Initiating Participant is not seeking allocation. Depending on the
option selected, the Initiating Participant may elect in the single
stop option selection to give up the allocation priority, if Surrender
is selected,\8\ or with the auto-match option the Initiating
Participant will only be allocated the remainder in accordance with the
allocation percentages in Section 9(ii)(E)(2)(b).\9\ This similarly
applies to Section 9(ii)(F)(2)(b).\10\
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    \6\ Surrender is not applied if both the Initiating Order and
PRISM Order are Public Customer Orders.
    \7\ See note 3 above.
    \8\ See Chapter VI, Section 9(ii)(E)(2)(a) and Section
9(ii)(F)(2)(a).
    \9\ See Chapter VI, Section 9(ii)(E)(2)(b), which states, ``If
the Initiating Participant selected the auto-match option of the
PRISM Auction the Initiating Participant shall be allocated an equal
number of contracts as the aggregate size of all other quotes,
orders and PAN responses at each price point until a price point is
reached where the balance of the order can be fully executed, except
that the Initiating Participant shall be entitled to receive up to
40% (multiple competing quotes, orders or PAN responses) or 50% (one
competing quote, order or PAN response) of the contracts remaining
at the final price point (including situations where the stop price
is the final price) after Public Customer interest has been
satisfied but before remaining interest. If there are other quotes,
orders and PAN responses at the final price point the contracts will
be allocated to such interest pursuant to Chapter VI, Section
9(ii)(E)(3) through (5) below. Any remaining contracts shall be
allocated to the Initiating Participant.'' There is no reference to
the Surrender provision in this paragraph similar to reference at
Chapter VI, Section 9(ii)(E)(2)(a).
    \10\ See Chapter VI, Section 9(ii)(F)(2)(b), which states, ``If
the Initiating Participant selected the auto-match option of the
PRISM Auction the Initiating Participant shall be allocated an equal
number of contracts as the aggregate size of all other quotes,
orders and PAN responses at each price point until a price point is
reached where the balance of the order can be fully executed, except
that the Initiating Participant shall be entitled to receive up to
40% (multiple competing quotes, orders or PAN responses) or 50% (one
competing quote, order or PAN response) of the contracts remaining
at the final price point (including situations where the stop price
is the final price), after Public Customer interest has been
satisfied but before remaining interest. If there are other quotes,
orders and PAN responses at the final price point the contracts will
be allocated to such interest pursuant to Chapter VI, Section
9(ii)(F)(3) through (4) below. Any remaining contracts shall be
allocated to the Initiating Participant.'' There is no reference to
the Surrender provision in this paragraph similar to reference at
Chapter VI, Section 9(ii)(F)(2)(a).
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    The Exchange inadvertently included the references to Section
9(ii)(E)(2)(b) and Section 9(ii)(F)(2)(b) when discussing Surrender.
Surrender only applies to the single stop price feature. The Exchange
proposes to amend its rule text to update its rules to delete these
references to make the rule text accurate.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\11\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by updating references in the PRISM rule which indicate
Surrender applies to the auto-match feature. The Exchange inadvertently
referenced the auto-match feature. The Surrender feature only applies
to the single stop price feature. The Exchange does not believe that
auto-match is suitable for Surrender. By definition the purpose of the
auto-match feature is that the Initiating Participant is going to match
all responses and seek a greater allocation. This language is at odds
with the Surrender feature where the Initiating Participant is not
seeking allocation. The Exchange believes that correcting the rule text
to remove the references to auto-match will perfect the mechanism of a
free and open market and a national market system, and, in

general to protect investors and the public interest, by updating these
references to the BX PRISM rule. This amendment will correct the
references within the BX PRISM rule to make clear the manner in which
the auction operates.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange inadvertently
referenced the auto-match feature as applicable to Surrender provision.
No BX Participant is able today to utilize the Surrender feature when
selecting auto-match. This amendment will correct the references within
the BX PRISM rule to make clear the manner in which the auction
operates.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change 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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \13\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BX-2017-044 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2017-044. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-BX-2017-044 and should be
submitted on or before November 22, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23734 Filed 10-31-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18141-18143]
[FR Doc No: 2015-07624]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0125; FRL-9924-40]

Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends or re-establishes time-limited
tolerances for residues of the pesticides fluridone in or on cotton
undelinted seed, and diflubenzuron in or on alfalfa forage and hay.
These actions are in response to EPA's granting of emergency exemptions
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
authorizing use of these pesticides. In addition, the Federal Food,
Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA.

DATES: This regulation is effective April 3, 2015. Objections and
requests for hearings must be received on or before June 2, 2015, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID)

number EPA-HQ-OPP-2015-0125, is available at http://www.regulations.gov
or at the Office of Pesticide Programs Regulatory Public Docket (OPP
Docket) in the Environmental Protection Agency Docket Center (EPA/DC),
West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460-0001. The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2015-0125 in the subject line on the first
page of your submission. All requests must be in writing, and must be
received by the Hearing Clerk on or before June 2, 2015. Addresses for
mail and hand delivery of objections and hearing requests are provided
in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2015-0125, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA, on its own initiative, has previously issued final rules under
FFDCA section 408, 21 U.S.C. 346a, establishing time-limited tolerances
for fluridone, 1-methyl-3-phenyl-5-(3-(trifluoromethyl)phenyl)-4(1H)-
pyridone, in or on cotton undelinted seed, and for diflubenzuron, N-
[[(4-chlorophenyl)amino]carbonyl] -2,6-difluorobenzamide, in or on
alfalfa forage and hay.
    EPA established those tolerances because FFDCA section 408(l)(6)
requires EPA to establish a time-limited tolerance or exemption from
the requirement for a tolerance for pesticide chemical residues in food
that will result from the use of a pesticide under an emergency
exemption granted by EPA under FIFRA section 18. Such tolerances can be
established without providing notice or time for public comment.
    EPA received requests to extend the emergency use of these
chemicals for this year's growing season. After having reviewed these
submissions, EPA concurs that emergency conditions continue to exist.
EPA assessed the potential risks presented by residues for each
chemical. In doing so, EPA considered the safety standard in FFDCA
section 408(b)(2), and decided that the necessary tolerance under FFDCA
section 408(l)(6) would be consistent with the safety standard and with
FIFRA section 18.
    The data and other material relevant to these safety findings have
been evaluated and discussed in the final rule originally published to
support these uses. Based on that data and information considered, the
Agency again concludes that these time-limited tolerances will continue
to meet the requirements of FFDCA section 408(l)(6). Therefore, the
time-limited tolerances are extended until December 31, 2017. EPA will
publish a document in the Federal Register to remove the revoked
tolerances from the Code of Federal Regulations (CFR). Although these
tolerances will expire and are revoked on the date listed under FFDCA
section 408(l)(5), residues of the pesticide not in excess of the
amounts specified in the tolerance remaining in or on the commodity
after that date will not be unlawful, provided the residue is present
as a result of an application or use of a pesticide at a time and in a
manner that was lawful under FIFRA, the tolerance was in place at the
time of the application, and the residue does not exceed the level that
was authorized by the tolerance. EPA will take action to revoke these
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
    Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:
    Fluridone. EPA has authorized under FIFRA section 18 the emergency
use of fluridone on cotton for control of glyphosate-resistant Palmer
amaranth in Arkansas, Georgia, Missouri, North Carolina, South Carolina
and Tennessee. This regulation re-establishes a time-limited tolerance
for residues of the herbicide fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridone, and its metabolites and
degradates, determined as only the parent fluridone, in or on cotton,
undelinted seed at 0.1 parts per million (ppm) for an additional three-
year period. This tolerance will expire and is

revoked on December 31, 2017. The final rule originally establishing
the time-limited tolerance was published in the Federal Register of
November 7, 2012 (77 FR 66715) (FRL-9366-8).
    Diflubenzuron. EPA has authorized under FIFRA section 18 the use of
diflubenzuron on alfalfa grown for hay for control of Mormon crickets
(Anabrus simplex) and grasshoppers (Family Acrididae, various spp.) in
Wyoming. This regulation re-establishes time-limited tolerances for
residues of the insecticide diflubenzuron, N-[[(4-
chlorophenyl)amino]carbonyl] -2,6-difluorobenzamide, and its
metabolites, p-chlorophenylurea and p-chloroaniline, in or on alfalfa
forage and alfalfa hay at 6.0 ppm for an additional three-year period.
These tolerances will expire and are revoked on December 31, 2017. The
final rule originally establishing the time-limited tolerances was
published in the Federal Register of November 28, 2008 (73 FR 72352)
(FRL-8388-9).

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established MRLs for fluridone on cotton or
diflubenzuron on alfalfa.

IV. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA sections 408(e) and
408(l)(6). The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this action has been exempted from review under Executive Order
12866, this action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), nor does it require any special considerations under Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994).
    Since tolerances and exemptions that are established in accordance
with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule 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. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: March 26, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.377, amend the table in paragraph (b) by revising the
entries for ``Alfalfa, forage'' and ``Alfalfa, hay'' to read as
follows:

Sec.  180.377  Diflubenzuron; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     revocation
                                               million         date
------------------------------------------------------------------------
Alfalfa, forage............................          6.0      12/31/2017
Alfalfa, hay...............................          6.0      12/31/2017

                                * * * * *
------------------------------------------------------------------------

* * * * *

0
3. In Sec.  180.420, revise the table in paragraph (b) to read as
follows:

Sec.  180.420  Fluridone; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                             Parts per     Expiration/
                Commodity                     million    revocation date
------------------------------------------------------------------------
Cotton, undelinted seed..................          0.1       12/31/2017
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-07624 Filed 4-2-15; 8:45 am]
 BILLING CODE 6560-50-P