[Federal Register: May 14, 2007 (Volume 72, Number 92)]
[Notices]
[Page 27160-27164]
[DOCID:fr14my07-68]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55720; File No. SR-NYSEArca-2007-22]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change and Amendment Nos. 1 and 2 Thereto Relating to
Listing and Annual Fees for Derivative Securities Products and Closed-
End Funds

 May 7, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 27, 2007, NYSE Arca, Inc. (``NYSE Arca'' or the
``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 substantially prepared by NYSE
Arca. On May 1, 2007, NYSEArca filed Amendment No. 1 to the proposed
rule change.\3\ On May 3, 2007, NYSEArca filed Amendment No. 2 to the
proposed rule change.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaces and supersedes the original filing
in its entirety.
    \4\ Amendment No. 2 conforms a single category in the annual fee
chart for Derivative Securities Products in the purpose section with
the Fee Schedule; and amends the purpose section to reflect that an
additional issuer listed a series of Investment Company Units on the
Exchange on March 28, 2007.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca, through its wholly owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), is proposing to amend its Schedule of
Fees and Charges (``Fee Schedule'') to revise the listing fees
applicable to Derivative Securities Products, Closed-End Funds and
Structured Products listed on NYSE Arca, L.L.C. (``NYSE Arca
Marketplace''), the equities facility of NYSE Arca Equities. The
Exchange also proposes related modifications to the Fee Schedule. The
text of the proposed rule change is available at NYSE Arca, the
Commission's Public Reference Room, and http://www.nysearca.com.

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

    In its filing with the Commission, NYSE Arca 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. NYSE Arca has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    NYSE Arca has determined to revise the listing fees specifically
applicable to Derivative Securities Products (or

``Products''), Closed-End Funds and Structured Products,\5\ as follows:
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    \5\ For purposes of this proposal, Derivative Securities
Products include securities qualified for listing and trading on
NYSE Arca under the following NYSE Arca Equities Rules: Rule
5.2(j)(3) (Investment Company Units), 5.2(j)(5) (Equity Gold
Shares), 8.100 Portfolio Depositary Receipts), 8.200 (Trust Issued
Receipts), 8.201 (Commodity-Based Trust Shares), 8.202 (Currency
Trust Shares), 8.300 (Partnership Units), and 8.400 (Paired Trust
Securities), as these rules may be amended from time to time.
    Closed-End Funds are a type of investment company registered
under the Investment Company Act of 1940 that offer a fixed number
of shares. Their assets are professionally managed in accordance
with the Closed-End Fund's investment objectives and policies, and
may be invested in stocks, fixed income securities or a combination
of both.
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    (1) Eliminate the Application Processing Fee for Derivative
Securities Products, Closed-End Funds and Structured Products;
    (2) Impose an original listing fee of $5,000 per Derivative
Securities Product;
    (3) Reduce, for some Derivative Securities Products, the Annual
Fee; and
    (4) Establish a listing and annual fee schedule for Closed-End
Funds based on New York Stock Exchange LLC (``NYSE'') fees for Closed-
End Funds as set forth in Section 902.04 of the NYSE Listed Company
Manual.
    This filing also proposes a number of related modifications to the
Fee Schedule. The proposed revisions will apply as of January 1, 2007
(with the exception of listing fees for Closed-End Funds).

Summary of Current and Proposed Fees

1. Application Processing Fee
    Currently, NYSE Arca levies a non-refundable application processing
fee of $500 for all applications to list ``Funds'' (which term
currently encompasses Exchange-Traded Funds and Closed-End Funds)
submitted at the same time by a Fund issuer or ``family'' regardless of
the number of Funds to be listed. This fee is currently credited
towards the applicable initial Listing Fee if the application is
approved, or if the Fund issuer or ``family'' is not subject to an
initial Listing Fee, towards the applicable Annual Fee. With this
filing, NYSE Arca proposes to eliminate such Application Processing Fee
and will impose no such fee for Derivative Securities Products, Closed-
End Funds or Structured Products.
2. Listing Fee
    Currently, NYSE Arca charges a one-time Listing Fee of $20,000 for
the first Fund listed by a Fund issuer or Fund ``family,'' but does not
currently charge a Listing Fee for subsequent additional listings of
Funds from the same Fund issuer or ``family,'' regardless of whether
one or more previously listed Funds remains listed on NYSE Arca.\6\
Further, this Listing Fee applies regardless of whether the Fund(s)
lists in conjunction with an initial public offering, transfers from
another marketplace, or concurrently lists or is already listed on
another exchange or market.
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    \6\ Footnote 1 to the Exchange's current Fee Schedule states
that Fund ``families'' are those with a common investment advisor or
investment advisors, which are ``affiliated persons'' as defined in
the securities laws.
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a. Derivative Securities Products
    With this filing, NYSE Arca proposes separate Listing Fees for
Derivative Securities Products and Closed-End Funds. For Derivative
Securities Products, NYSE Arca Equities proposes a Listing Fee fixed at
$5,000 per Derivative Securities Product. The proposed Listing Fee
applies regardless of whether the Product lists in conjunction with an
initial public offering, transfers from another marketplace, or
concurrently lists or is already listed on another exchange or market.
b. Closed-End Funds \7\
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    \7\ These fees are substantially identical to the fees charged
by the NYSE for Closed-End Funds. See NYSE Listed Company Manual,
Section 902.04.
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    When a Closed-End Fund lists a class of common stock, or first
lists a class of preferred stock in a case where common stock is not
already listed, NYSE Arca Equities proposes Listing Fees as follows:

------------------------------------------------------------------------
                                                                Total
                Number of securities issued                  listing fee
------------------------------------------------------------------------
Up to and including 10 million.............................      $20,000
Over 10 million up to and including 20 million.............       30,000
Over 20 million............................................       40,000
------------------------------------------------------------------------

(1) Listing Additional Securities by a Closed-End Fund
    In the case of the following types of additional listings, Listing
Fees are calculated on a per share basis for each class according to
the Listing Fee schedule below:
     At the time it first lists, a Closed-End Fund lists one or
more classes of preferred stock or warrants in addition to a primary
class of common stock or preferred stock;
     Once listed, a Closed-End Fund lists additional shares of
a class of previously listed securities; or
     Once listed, a Closed-End Fund lists a new class of
preferred stock or warrants.
    To the extent that an issuer lists more than one class of the same
type of security, the class with the greatest number of shares issued
will be deemed the primary class.
    When determining Listing Fees, calculations are made at each level
of the schedule up to the last level applicable to the number of
securities being listed. The total Listing Fee equals the sum of the
amounts calculated at each level of the schedule. (Examples are
provided below, under ``Calculating Listing Fees.'')

------------------------------------------------------------------------
                                                               Fee per
                Number of securities issued                     share
------------------------------------------------------------------------
Up to and including 2 million.............................      $0.01475
Over 2 million up to and including 4 million..............       0.0074
Over 4 million up to and including 300 million............       0.0035
Over 300 million..........................................       0.0019
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(2) Limitations on Closed-End Fund Listing Fees
    Fund Family Discount. If two or more closed-end funds from the same
fund family list at approximately the same time, the Exchange will cap
the collective Listing Fee for those funds at $75,000. The Exchange
will consider funds from the same fund family to be listing at
approximately the same time if an issuer provides notice that such
funds will be listed as part of the same transaction. A fund family
consists of closed-end funds with a common investment adviser or
investment advisers who are ``affiliated persons'' as defined in
Section 2(a)(3) of the Investment Company Act of 1940, as amended.
    Limitation on Listing Fees for Additional Class of Common Shares. A
Closed-End Fund that applies to list a new class of common shares in
addition to its primary class will be charged a fixed Listing Fee of
$5,000 in lieu of the per share schedule.
    Minimum Listing Fee for Subsequent Listing of Additional
Securities. NYSE Arca will impose a minimum application fee for a
subsequent listing of additional securities of $2,500. When listing
additional securities, an issuer is billed Listing Fees in an amount
equal to the greater of the $2,500 minimum supplemental listing
application fee and the fee calculated on a per share basis. This
applies to the listing of additional shares of an already listed equity
security or to the listing of an additional class of equity security
(other than a new class of common shares).
    Fee for Certain Changes. NYSE Arca will charge a $2,500 fee for
changes that involve modifications to Exchange

records, for example, changes of name, par value, title of security or
designation.
    Application Fee for Technical Original Listings and Reverse Stock
Splits. NYSE Arca will apply a $5,000 application fee for a Technical
Original Listing if the change in the issuer's status is technical in
nature and the shareholders of the original issuer receive or retain a
share-for-share interest in the new issuer without any change in their
equity position or rights. For example, a change in a Closed-End Fund's
state of incorporation or a reincorporation or formation of a holding
company that replaces a listed Closed-End Fund would be considered a
Technical Original Listing. The $5,000 application fee also will apply
to a reverse stock split.
    Maximum Listing Fee for Stock Splits and Stock Dividends. Listing
fees on shares issued in conjunction with stock splits and stock
dividends will be capped at $150,000 per split or issuance.
    Maximum Listing Fee for Issuance of Additional Shares of a Listed
Class. Listing Fees on the issuance of additional shares of an already
listed class of stock are capped at $500,000 per transaction, for
example, in the case where shares are issued in conjunction with a
merger or consolidation where a listed company survives, subsequent
public offerings of a listed security and conversions of convertible
securities into a listed security.
    Discounts on Listing Fees. In the case of transactions such as a
consolidation between two or more listed issuers that result in the
formation of a new issuer, or a merger or consolidation between a
listed issuer and an unlisted issuer that results in the unlisted
issuer surviving or the creation of a new issuer, where at the
conclusion of the transaction a previously unlisted issuer immediately
lists, Listing Fees for that new issuer are calculated at a rate of 25%
of total Listing Fees for each class of securities being listed (to the
extent that the total calculated listing fee for a class of common
stock would be greater than $250,000, the calculation would be 25% of
the $250,000 maximum for a new listing of common stock).
    No discount will be applied where a listed issuer survives the
merger or consolidation, or in the case of a backdoor listing (i.e.,
resulting from a merger, acquisition or consolidation which has the
effect of circumventing the standards for original listing).
    Listing Fees for Pre-emptive Rights. Preemptive rights representing
equity securities are not subject to a separate Listing Fee. As of the
date that preemptive rights are exercised, Listing Fees will accrue on
the securities issued and the issuer will be billed for those Listing
Fees at the beginning of the following year.
(3) Calculating Listing Fees
    Treasury stock, restricted stock and shares issued in conjunction
with the exercise of an over-allotment option, if applicable, are
included in the number of shares a Closed-End Fund is billed for at the
time a security is first listed.
    The following are examples of how Listing Fees would be calculated
by a closed-end fund in the case of an original listing and a
subsequent additional issuance of common stock:

    Example A: A closed-end fund listing 50 million common shares in
the context of an initial public offering or transfer from another
market would pay total Listing Fees of $40,000.
    Example B: The same closed-end fund subsequently applies to list
an additional 5 million shares of common stock that are immediately
issued. The closed-end fund will pay total Listing Fees of $17,500
for the subsequent listing. Since the closed-end fund already has 50
million shares outstanding, the Listing Fee for the additional 5
million shares is calculated at a rate of $0.0035 per share.
c. Structured Products
    The Fee Schedule is being amended to specify that the $20,000
Listing Fee, in addition to Initial Public Offerings, applies to an
initial listing (e.g., a listing transfer to NYSE Arca from another
exchange).
3. Annual Fees
    Currently, NYSE Arca charges Annual Fees specifically for Exchange-
Traded Funds and Closed-End Funds based on the aggregate total shares
outstanding of such Funds listed by the same Fund issuer or Fund
``family,'' as follows:

------------------------------------------------------------------------
            Aggregate total shares  outstanding               Annual fee
------------------------------------------------------------------------
Less than 10 million.......................................       $5,000
10 million to less than 30 million.........................       10,000
30 million to less than 50 million.........................       15,000
50 million to less than 100 million........................       20,000
100 million to less than 250 million.......................       30,000
250 million to less than 500 million.......................       40,000
500 million to less than 750 million.......................       50,000
750 million to less than one billion.......................       60,000
Greater than one billion...................................       80,000
------------------------------------------------------------------------

    Annual Fees are assessed beginning in the first full calendar year
following the year of listing. The aggregate total shares outstanding
is calculated based on the total shares outstanding as reported by the
Fund issuer or Fund ``family'' in its most recent periodic filing with
the Commission or other publicly available information. Annual Fees are
not pro-rated or reduced for Funds that delist for any reason. Annual
Fees apply regardless of whether any of these Funds is listed
elsewhere.
a. Derivative Securities Products
    NYSE Arca Equities proposes revised Annual Fees for Derivative
Securities Products based on total shares outstanding for each issue,
as follows:

------------------------------------------------------------------------
      Aggregate total shares outstanding  (each issue)        Annual fee
------------------------------------------------------------------------
Less than 25 million.......................................       $2,000
25 million up to 49,999,999................................        4,000
50 million up to 99,999,999................................        8,000
100 million up to 249,999,999..............................       15,000
250 million up to 499,999,999..............................       20,000
500 million and over.......................................       25,000
------------------------------------------------------------------------

    The revised Annual Fee for Derivative Securities Products will be
billed quarterly in arrears effective as of January 1, 2007. As such,
billing for the first calendar quarter of 2007, for example, will be
based on the number of shares outstanding for an issue on March 30,
2007. For example, for an issue with 45 million shares outstanding on
March 30, 2007, the Annual Fee payable for the quarter would be $1,000
($4,000 Annual Fee divided by 4). If, at the end of the second calendar
quarter of 2007, the number of shares outstanding for such issue
increased to 55 million, the Annual Fee payable for such quarter would
be $2,000 ($8,000 Annual Fee divided by 4). The Exchange believes it is
appropriate to apply the revised Annual Fees to issuers of the
specified securities as of January 1, 2007 to permit the Exchange to
apply the fee in the same manner to all such issuers listed on the
Exchange, including those listed in the first quarter of 2007. The
revised Annual Fee is expected to be lower for some issuers than the
current Annual Fee.
b. Closed-End Funds
(1) Annual Fee Schedule for Primary Listed Security
    NYSE Arca Equities proposes the following Annual Fee Schedule for a
Closed-End Fund's primary class of listed security (common stock, or
preferred stock if no common stock is listed) and will be equal to the
greater of the minimum fee or the fee calculated on a per share basis:

Per Share Rate--$0.00093 per share

Minimum Fee--$25,000

    The Annual Fee for Closed-End Funds is payable in January each
year, and issuers are subject to Annual Fees in the year of listing,
pro-rated based on days listed that calendar year.
(2) Additional Classes of Listed Equity Issues
    The Annual Fee for equity issues other than the primary class of
security listed will be the greater of the minimum or the fee
calculated on a per share basis:

Per Share Rate--$0.00093 per share
Minimum Fee--$5,000

(3) Limitations on Annual Fees
    Fund families that list between 3 and 14 Closed-End Funds will
receive a 5% discount off the calculated Annual Fee for each fund
listed, and those with 15 or more listed Closed-End Funds will receive
a discount of 15%. No fund family shall pay aggregate Annual Fees in
excess of $1,000,000 in any given year.
    In the case of transactions involving listed issuers (such as a
consolidation between two or more listed issuers that results in the
formation of a new issuer, or a merger or consolidation between a
listed issuer and an unlisted issuer that results in the unlisted
issuer surviving or the creation of a new issuer), where at the
conclusion of the transaction a previously unlisted issuer immediately
lists, Annual Fees will not be charged to that new issuer for the year
in which it lists to the extent that the transaction concludes after
March 31. To the extent that the transaction concludes on or before
March 31 in any calendar year, however, the newly listing issuer will
be charged pro rata Annual Fees from the date of listing to the end of
the year.
    In addition, to the extent that a listed issuer is involved in a
consolidation between two or more listed issuers that results in the
formation of a new issuer, or a merger or consolidation between a
listed issuer and an unlisted issuer that results in the unlisted
issuer surviving or the creation of a new issuer, or a merger between
two listed issuers where one listed issuer survives, and the
transaction concludes on or before March 31 in any calendar year, the
non-surviving listed issuer(s) will only be subject to pro rata Annual
Fees for that year through the date of the conclusion of the
transaction. To the extent that the transaction concludes after March
31, the non-surviving listed issuer(s) will be subject to full Annual
Fees for that year.
4. Implementation
    NYSE Arca proposes to implement these revised fees, as applicable,
to all issuers of Derivative Securities Products, Closed-End Funds and
Structured Products as of January 1, 2007 with the exception of listing
fees for Closed-End Funds, which will take effect as of the date of
Commission approval of the proposed rule change. The Exchange believes
such implementation date is appropriate under the circumstances
described below. NYSE Arca believes this proposal will streamline and
clarify the fees applicable to Derivative Securities Products and
Closed-End Funds, making them easier to understand and apply while
continuing to provide for adequate support of the ongoing costs of
issuer services, including regulatory oversight and product and service
offerings. Further, this proposal aligns NYSE Arca listing and annual
fees for Derivative Securities Products and Closed-End Funds with the
fees charged by the NYSE, further simplifying the Fee Schedule and
helping NYSE Arca to compete more effectively for listings.
    For Derivative Securities Products, the proposed Listing Fees
provide an alternative fee structure and will in certain circumstances
be lower for issuers than the previous Fee Schedule. The Exchange
believes it is appropriate to apply these potential cost savings to
issuers as of January 2007.\8\
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    \8\ The Exchange notes that, with one exception discussed below,
the only Derivative Securities Products currently listed on the
Exchange are Investment Company Units (Exchange-Traded Funds) of one
issuer of two separate trusts, which were listed on the Exchange in
2006. Because these listings were transfers from another national
securities exchange, the issuer incurred no listing fee, in
accordance with Commentary .04 to the Exchange's Fee Schedule (which
will cease to have effect on December 31, 2007). The Exchange has
advised the issuer of the proposed changes to the Listing and Annual
Fees. These two trusts listed six and 13 funds, respectively. Except
for Commentary .04, the listing fee for each trust would have been
$20,000. For new Derivative Securities Product issues, an issuer
listing five or more issues would incur a higher listing fee under
the proposed schedule than under the current schedule (e.g., an
issuer listing six funds would pay $30,000, and $5,000 for each
subsequent fund listed.) An additional issuer listed a series of
Investment Company Units on the Exchange on March 28, 2007, and the
issuer would incur an initial listing fee of $20,000 under the
current fee schedule and $5,000 under the proposed schedule.
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    As discussed above, the revised Annual Fee for Derivative
Securities Products will be billed quarterly in arrears, beginning
after the first calendar quarter in 2007, effective as of January 1,
2007. The Annual Fee is expected to be lower for some Derivative
Securities Products issuers than the current Annual Fee, but may be
higher in some cases depending on the number of funds listed by the
same issuer and the shares outstanding for each fund.\9\ The proposed
Annual Fee for Closed-End Funds will apply as of January 1, 2007, and,
for issuers listed in calendar year 2007, will be pro-rated based on
days listed in 2007.\10\
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    \9\ Taking the example of the two trusts discussed above (see
preceding footnote), the two trusts would have incurred Annual Fees
of $30,000 and $50,000, respectively, based on the total aggregate
shares of each trust outstanding at year-end 2006 (assuming the
funds of each trust had been listed the entire year and the shares
outstanding remained constant throughout the year). Under the
proposed fee schedule, Annual Fees will be based on total shares
outstanding of each fund. Accordingly, under the same circumstances
described above, the trusts would incur an Annual Fee of $20,000 and
$81,000, respectively, based on shares outstanding of each of their
funds.
    \10\ The Exchange notes that application of the proposed Annual
Fee as of January 1, 2007 for Closed-End Funds will potentially
impact only a few issuers. Following discussions, beginning in 2006,
with Closed-End Fund issuers about changes to the Annual Fee, eight
of these funds delisted from the Exchange. The Exchange dually lists
three Closed-End Funds, one of which is pending delisting.
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2. Statutory Basis
    NYSE Arca believes that the proposal is consistent with Section
6(b) \11\ of the Act, in general, and Section 6(b)(4)\12\ of the Act,
in particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its issuers and other
persons using its facilities.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NYSE Arca does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    NYSE Arca has neither solicited nor received written comments on
the proposed modifications to its fee schedule.

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 Exchange 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.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-NYSEArca-2007-22 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 Number SR-NYSEArca-2007-22. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2007-22 and should be submitted on or before
June 4, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-9177 Filed 5-11-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Notices]
[Pages 15752-15753]
[FR Doc No: 2012-6425]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9648-4]

Notice of Proposed Prospective Purchaser Agreement Amendment
Pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as Amended by the Superfund Amendments and
Reauthorization Act of 1986

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice. Request for public comment.

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SUMMARY: Notice is hereby given that a proposed prospective purchaser
agreement amendment (``PPA Amendment'') associated with the GE-
Pittsfield/Housatonic River Site, in Pittsfield, Massachusetts, was
executed by the Environmental Protection Agency (``EPA'') and the
Department of Justice and is now subject to public comment, after which
the United States may modify or withdraw its consent to the PPA
Amendment if comments received disclose facts or considerations
indicating that the PPA Amendment is inappropriate, improper, or
inadequate. The PPA Amendment would resolve certain potential EPA
claims under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607,
and other statutes, against the Pittsfield Economic Development
Authority (``PEDA''). In lieu of financial consideration, in exchange
for EPA's covenant not to sue, the PPA Amendment would require PEDA to
acquire certain parcels along the banks of Silver Lake in Pittsfield,
impose institutional controls on such parcels, and refrain from
damaging certain natural resources plantings on the Silver Lake bank
parcels.
    For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the PPA
Amendment. The Agency's response to any comments received will be
available for public inspection at the U.S. Environmental Protection
Agency, Region I Office, 5 Post Office Square, Boston, MA 02109.

DATES: Comments must be submitted on or before April 16, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
CERCLA 01-2002-0007, by one of the following methods:
     Email: John W. Kilborn, Senior Enforcement Counsel at
<EMAIL_ADDRESS>     Mail: John W. Kilborn, Senior Enforcement Counsel, U.S.
Environmental Protection Agency, Region I, 5 Post Office Square (Mail
Code OES4-3), Boston, MA 02109.
     Hand Delivery: John W. Kilborn, Senior Enforcement
Counsel, U.S. Environmental Protection Agency, Region I, 5 Post Office
Square (Mail Code OES4-3), Boston, MA 02109. Business Hours: Monday
through Friday 9 a.m. to 4 p.m. Such deliveries are accepted only
during business hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R01-CERCLA
01-2002-0007. EPA's policy is that all comments received will be
included in the public docket without change, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through email. If
you send an email comment directly to EPA, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: The PPA Amendment and additional background information are
available for public inspection at the U.S. Environmental Protection
Agency, Region I Office, 5 Post Office Square, Boston, MA 02109. A copy
of the PPA Amendment may be obtained from Ann Gardner, U.S.
Environmental Protection Agency, Region I Office, 5 Post Office Square,
Boston, MA 02109<PHONE_NUMBER>) or by email at<EMAIL_ADDRESS>The
PPA Amendment is also posted on EPA's GE-Pittsfield Web site at: http://www.epa.gov/region1/ge/publiccomment.html.

FOR FURTHER INFORMATION CONTACT: John W. Kilborn, Senior Enforcement
Counsel, U.S. Environmental Protection Agency, Region I, 5 Post Office
Square--Suite 100, Mail Code (OES4-3), Boston, MA 02109-3912. Phone:
(617) 918-1893.

SUPPLEMENTARY INFORMATION: This notice is given in accordance with the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 as amended by the Superfund Amendments and Reauthorization Act of
1986, (``CERCLA''), 42 U.S.C. 9601-9675.

    Dated: March 1, 2012.
James T. Owens III,
Director, Office of Site Remediation and Restoration, Region I.
[FR Doc. 2012-6425 Filed 3-15-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Notices]
[Pages 48797-48801]
[FR Doc No: 2014-19526]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72833; File No. SR-CME-2014-31]

Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing of Proposed Rule Change Related to Clearing of Certain
iTraxx Europe Index Untranched CDS Contracts on Indices Administered by
Markit

August 13, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'' or ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on August 11, 2014, Chicago Mercantile Exchange
Inc. (``CME'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change described in Items I, II and
III below, which Items have been prepared primarily by CME. 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 purpose of the proposed changes to CME's clearing rules (the
``CDS Product Rules'') is to enable CME to offer clearing of certain
iTraxx Europe index untranched CDS contracts on indices administered by
Markit (``iTraxx Contracts''). All capitalized terms not defined herein
shall have the meaning given to them in the CDS Product Rules.
    CME is submitting the proposed amendments to the iTraxx Chapters
(as defined in Item II, paragraph 2 below) to become effective on
September 22, 2014, subject to receiving all regulatory approvals. The
effectiveness of the 2014 iTraxx Chapters (also as defined in Item II,
paragraph 2 below) is intended to coincide with the date on which the
credit derivatives market transitions to the 2014 Credit Derivatives
Definitions published by ISDA (the ``2014 ISDA Definitions''), which is
currently anticipated to be September 22, 2014. As such, CME is
submitting the

proposed amendments to the 2014 iTraxx Chapters to become effective on
September 22, 2014, subject to receiving all regulatory approvals, or
on such later date that CME otherwise determines. To the extent that
the credit derivatives market does not transition to the 2014 ISDA
Definitions, the proposed 2014 iTraxx Chapters may not become
effective.
    The text of the proposed change is also available at the CME's Web
site at http://www.cmegroup.com, at the principal office of CME, 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, CME included statements
concerning the purpose 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. CME 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. Description of the Current CDS Product Rules
    CME is registered as a DCO with the Commodity Futures Trading
Commission (``CFTC'') and offers clearing services for many different
futures and swaps products, including certain CDS index products.
Currently, CME offers clearing of (i) the Markit CDX North American
Investment Grade Index Series 8 and forward and (ii) the Markit CDX
North American High Yield Index Series 13 and forward ((i) and (ii)
collectively, the ``CDX Contracts'').
    The primary purpose and effect of the proposed changes to the CDS
Product Rules is to enable CME to offer clearing of iTraxx Contracts
under CME's authority to act as a DCO. iTraxx Contracts have similar
terms to CDX Contracts currently cleared by CME. Accordingly, the
proposed rules largely mirror the CME rules for CDX Contracts, with
certain modifications that reflect the differing underlying reference
entities, different standard currencies and other logistical
differences in how the markets and documentation for iTraxx Contracts
operate. The iTraxx Contracts reference the iTraxx Europe index, the
current series of which consists of 125 European corporate reference
entities. The credit protection offered by iTraxx Contracts and any
Restructuring European Single Name CDS Contract consistent with market
convention and widely used standard terms documentation, can be
triggered by credit events, including failure to pay, bankruptcy,
restructuring and, in respect of transactions that will reference the
2014 ISDA Definitions (such transactions, ``2014 Definitions
Transactions'') governmental intervention. iTraxx Contracts will be
denominated in Euro.
    CME notes that upon the occurrence of a restructuring credit event
with respect to a reference entity that is a component of an iTraxx
Contract, such reference entity will be ``spun out'' and maintained as
a separate single-name CDS contract (a ``Restructuring European Single
Name CDS Contract'') until settlement. If neither of the counterparties
elects to trigger settlement, the positions in the Restructuring
European Single Name CDS Contract will be maintained at CME until
maturity of the index or the occurrence of a subsequent credit event
for the same reference entity. However, CME will not permit market
participants to increase, close out (other than due to the occurrence
of a credit event) or otherwise affect the size of a position in a
Restructuring European Single Name CDS Contract and CME has included
language in its proposed rule change to this effect. CME notes that it
may impose an increase or decrease in the position of a Restructuring
European Single Name CDS Contract through its PQA process or its
default management process.
    To the extent that a Restructuring European Single Name CDS
Contract is created, CME will either (i) obtain any relief needed to
permit a clearing member to maintain customer money, securities, and
property received by the clearing member to margin, guarantee, or
secure customer positions in cleared CDS Contracts, which include both
swaps and security-based swaps, in a segregated account established and
maintained in accordance with Section 4d(f) of the Commodity Exchange
Act (``CEA'') and the rules thereunder for the purpose of clearing such
positions under a program to comingle and portfolio margin CDS, or (ii)
will hold customer positions in Restructuring European Single Name CDS
Contracts and any margin in connection with such Restructuring European
Single Name CDS Contracts in segregated accounts or take any other
action required in order to comply with the provisions of the Exchange
Act or any order or relief thereunder.
2. Description of the Proposed Changes to the CDS Product Rules
    CME is proposing to amend its CDS Product Rules by amending Chapter
801 and adding new Chapters 800: Part B, 804: Part B, 805: Part C, 806:
Part B and Appendix 805: Part B (collectively, the ``iTraxx
Chapters''). CME is also proposing to add new Chapters 805: Part B,
806: Part A and Appendix 805: Part A (together, the ``2014 iTraxx
Chapters''). CME also proposes to make corresponding changes to its CDS
Manual of Operations to provide for the clearance of iTraxx Contracts.
    CME will update its list of products eligible for clearing which is
available on its Web site at http://www.cmegroup.com/trading/cds/cleared-cds-product-specs.xls, to incorporate the additional cleared
products. Upon Commission approval, CME intends to provide for the
clearance of the following European Indices: Markit iTraxx Europe Main
3Y: Series 17 and all subsequent Series, up to and including the
current on-the-run Series, Markit iTraxx Europe Main 5Y: Series 17 and
all subsequent Series, up to and including the current on-the-run
Series, Markit iTraxx Europe Main 7Y: Series 17 and all subsequent
Series, up to and including the current on-the-run Series, Markit
iTraxx Europe Main 10Y: Series 17 and all subsequent Series, up to and
including the current on-the-run Series, and Markit iTraxx Europe
Crossover 5Y: Series 17 and all subsequent Series, up to and including
the current on-the-run Series.
    Certain iTraxx Contracts which CME proposes to clear will,
following the implementation date of the 2014 ISDA Definitions, be
bifurcated such that certain component transactions will continue to
reference the 2003 Credit Derivatives Definitions published by ISDA, as
supplemented in 2009 (the ``2003 ISDA Definitions'') (such
transactions, ``2003 Definitions Transactions''), and certain other
component transactions will be 2014 Definitions Transactions. As a
result of the abovementioned bifurcation, CME proposes to split
Chapters 800, 804 and 805 of its current rules into separate sub-parts
and to introduce a new Chapter 806 and a new Appendix to Chapter 805
(each of which will also be split into sub-parts) to allow for the
separate treatment of iTraxx component transactions depending on
whether such transactions are 2014 Definitions Transactions or 2003
Definitions Transactions.

2.1 Chapter 800 (Credit Default Swaps: Part B)
    CME proposes to add a sub-part to Chapter 800 entitled ``Credit
Default Swaps: Part B.'' Chapter 800: Part B provides the meanings of
capitalized terms that are used but not defined within the proposed
rules and the location of the meanings of any terms used in the
proposed rules but not defined within Chapter 800: Part B. In addition,
CME has included CME Rule 80002.B (Interpretation) which provides for
the interpretation of certain contractual terms used within the
proposed rules and CME Rule 80003.B (Notices and Clearing House System
Failures) which provides for how notices are to be provided by, or to,
CME and also for the extension of applicable deadlines for the delivery
of notices if CME, or any of its clearing members, is unable to deliver
or receive notices due to a failure of the relevant CME internal
system. CME notes that CME Rule 80002.B and CME Rule 80003.B (each as
described in the aforementioned sentence) are substantially similar to
CME Rule 80002 and CME Rule 80003, respectively, that are provided in
the currently published Chapter 800.
2.2 Chapter 801 (CDS Contracts)
    CME proposes to amend Chapter 801 (CDS Contracts) to include in CME
Rule 80103.C. (Eligible CDS) an additional provision which describes
when an iTraxx Contract will be eligible for clearing and other
conforming, clarification changes and drafting improvements.
2.3 Chapter 804 (CME CDS Risk Committee: Part B)
    CME proposes to add a sub-part to Chapter 804 entitled ``CME CDS
Risk Committee: Part B'' to apply only in connection with 2003
Definitions Transactions. Chapter 804: Part B will not contain any
iTraxx specific provisions, but will be created in anticipation of the
currently published Chapter 804 being updated to operate in conjunction
with the 2014 ISDA Definitions. Chapter 804: Part B is substantially
similar to the currently published Chapter 804 with the exception that
Chapter 804: Part B grants an additional authority to the CDS RC to
determine matters of contractual interpretation relevant to market
standard documentation incorporated into the terms of a CDS Contract.
In addition, modifications have been made in order to ensure alignment
of the CDS Product Rules with the current market practices (as proposed
by ISDA) to clarify the circumstances under which the CDS RC may make
such determinations to avoid determinations that are inconsistent with
DC determinations, and other conforming, clarification changes and
drafting improvements.
2.4 Chapter 805 (CME CDS Physical Settlement: Part B), Chapter 805 (CME
CDS Physical Settlement: Part C) and CDS Participant Provisions
Appendix
    CME proposes to add two sub-parts to Chapter 805 entitled ``CME CDS
Physical Settlement: Part B'' and ``CME CDS Physical Settlement: Part
C.'' CME notes that it is anticipated that the currently published
Chapter 805 will be amended and referred to as ``Part A'' as part of
CME's amendments to its CDS Product Rules to incorporate the 2014 ISDA
Definitions, but that such amendments will not take into account the
required iTraxx specific changes that would need to be made to Chapter
805 in order for CME to clear iTraxx Contracts. Chapter 805: Part B
will apply only in connection with 2014 Definitions Transactions and
Chapter 805: Part C will apply only in connection with 2003 Definitions
Transactions. In general, both Chapter 805: Part B and Chapter 805:
Part C provide for the physical settlement process that will apply as
the fallback settlement method with respect to iTraxx Contracts and
Restructuring European Single Name CDS Contracts in circumstances where
auction settlement does not apply. The substance of the new provisions
is based on the fallback physical settlement provisions that apply for
CDX Contracts, with some additional features addressing the product
terms particular to iTraxx Contracts and some further clarification and
detail in light of the increased likelihood of physical settlement
being applicable to iTraxx Contracts and Restructuring European Single
Name CDS Contracts. These additional features are described in further
detail below.
    CME Rules 80502.B.A and 80502.C.A (Matched Pair Notice) provide
additional detail in relation to the matching process. The additions do
not substantively alter the CDS Product Rules but rather, seek to
provide greater clarity with respect to the current matching process
and how such process will work in respect of iTraxx Contracts.
    CME Rules 80502.B.C and 80502.C.D (Notices) have been updated to
provide additional detail around the notice procedures in light of the
more complex notice requirements following a restructuring credit event
with respect to an iTraxx Component Transaction or a Restructuring
European Single Name CDS Contract. As a result of the more complex
notice requirements, CME proposes to insert in CME Rule 80502.B.D and
80502.C.E (Disputes as to Notices) a more comprehensive dispute process
in relation to the effective delivery of notices to preserve more
accurately the economic effect of the delivery of certain notices.
    CME Rule 80503.B and 80503.C (Physical Settlement of Non DVP
Obligations) provide greater clarity with respect to the timing of the
delivery of Non DVP Obligations and payment of the related portion of
the Physical Settlement Amount. In addition, the allocation of any
expenses incurred in connection with physical settlement is now
expressly contemplated.
    CME Rule 80507.B and 80507.C (Clearing House Guarantee of Matched
Pair CDS Contracts) and CME Rule 80508.B and 80508.C (Failure to
Perform Under Matched Pair CDS Contracts) have been updated to align
the matching process with the general physical settlement provisions of
CME as set out in Chapter 7 (Delivery Facilities and Procedures).
    CME also proposes to add an Appendix to Chapter 805 which will be
split into two sub-parts. Appendix: Part A will apply only in
connection with 2014 Definitions Transactions and Appendix: Part B will
apply only in connection with 2003 Definitions Transactions. The
Appendix primarily sets out provisions dealing with physical settlement
and the delivery of notices between clearing members and their
customers. The provisions are intended to facilitate the delivery of
notices and physical settlement. The Appendix is intended to apply to
all CDS contracts; however, the provisions are for the convenience of
the clearing members and their customers and will not bind CME. The
Appendix includes provisions addressing (i) the timing of the delivery
of physical notices in a chain of transactions between the clearing
house, the clearing members and their customers, (ii) when notices,
requests or instructions between a clearing member and its customer are
effective, (iii) the delivery of deliverable obligations between a
clearing member and its customer, (iv) circumstances where a fallback
to cash settlement will be deemed to apply, (v) buy-in of bonds not
delivered and the circumstances around the effective delivery of a buy-
in notice, and (vi) alternative procedures relating to loans not
delivered and the circumstances around the effective delivery of an
alternative loan buyer notice. The Appendix will only be relevant to
CME CDS Physical

Settlement, and not when auction settlement applies and is therefore
unlikely to be applicable to settlement in most cases.
2.5 Chapter 806 (iTraxx Europe Index Untranched CDS Contracts: Part A)
and Chapter 806 (iTraxx Europe Index Untranched CDS Contracts: Part B)
    CME proposes to add Chapter 806 which will be split into two sub-
parts entitled ``iTraxx Europe Index Untranched CDS Contracts: Part A''
and Chapter 806 ``iTraxx Europe Index Untranched CDS Contracts: Part
B.'' Chapter 806: Part A will apply only in connection with 2014
Definitions Transactions and Chapter 806: Part B will apply only in
connection with 2003 Definitions Transactions.
    CME Rules 80601.A and 80601.B (Scope of Chapter) set forth the
applicable standard terms relevant for iTraxx Component Transactions
and where the terms and conditions for Restructuring European Single
Name CDS Contracts are set out. Further, it is clarified that unless a
restructuring credit event occurs, no iTraxx Component Transaction will
be fungible with a European single name CDS contract.
    CME Rules 80602.A and 80602.B (Contract Terms) reflect or
incorporate the basic contract specifications for iTraxx Contracts and
Restructuring European Single Name CDS Contracts and are substantially
similar to under CME Rule 80202 (Contract Terms) for CDX Contracts.
Similarly CME Rules 80603.A and 80603.B (Contract Modifications) are
substantially similar to under CME Rule 80203 (Contract Modifications)
for CDX Contracts, except for conforming changes.
    In addition, CME Rule 80604.A and 80604.B (Restructuring) have been
added to reflect the fact that restructuring is a credit event for
iTraxx Contracts and Restructuring European Single Name CDS Contracts,
that governmental intervention is a credit event for certain 2014
Definitions Transactions, and that Restructuring European Single Name
CDS Contracts may be created. In addition, CME has inserted (i) a
notice delivery procedure to address the delivery of restructuring
credit event notices and notices to exercise movement options, (ii) a
process to separate any matched restructuring pairs following an
announcement that a restructuring credit event did not in fact occur,
(iii) provisions relating to the identification of the reference
obligation for a Restructuring European Single Name CDS Contract, (iv)
a comprehensive dispute process in relation to the effective delivery
of restructuring credit event notices and notices to exercise movement
options that are delivered directly (not via DTCC), and (v) a procedure
for CME to communicate certain information received from DTCC, or from
its clearing members, as applicable, to the relevant clearing members
via reports.
3. CDS Risk Model
    CME has submitted to the Commission a proposed rule change to
enhance its risk model for CDS, File Number SR-CME-2014-28 (the ``CDS
Risk Model'') for the purposes of enabling CME to offer clearing of
additional CDS instruments, including iTraxx Contracts, within the CDS
Risk Model. CDS Risk Model enhancements applicable to clearing iTraxx
Contracts include, in particular, changes to address self-referencing
risk and foreign exchange risk. Such filing is currently pending
regulatory approval by the Commission. CME will not implement the
proposed rule change in this filing and will not begin to clear iTraxx
Contracts until it has received receipt of regulatory approval of the
proposed rule change in File Number SR-CME-2014-28.
4. 2014 ISDA Credit Derivatives Definitions
    CME has submitted to the Commission a proposed rule change to amend
its CDS Product Rules to incorporate references to the 2014 ISDA
Definitions, File Number SR-CME-2014-30 (the ``2014 Filing'').
Implementation of the 2014 iTraxx Chapters is dependent on the approval
and implementation of the proposed rule change contained in the 2014
Filing. As a result, the text of the proposed rule change to the 2014
iTraxx Chapters contained in Exhibit 5 should be read in conjunction
with the text of the proposed rule change in Exhibit 5 to the 2014
Filing. CME will not implement the 2014 iTraxx Chapters until it has
received receipt of regulatory approval of the proposed rule change
contained in the 2014 Filing.
    CME has identified iTraxx Contracts as products that have become
increasingly important for market participants to manage risk with
respect to European corporate and financial entities' credit risk. CME
believes the proposed changes to its CDS Product Rules are consistent
with the requirements of the Exchange Act, including Section 17A of the
Exchange Act.\3\ The proposed changes which will facilitate CME's
clearance of iTraxx Contracts would expand CME's CDS index product
offering and would therefore provide investors with an expanded range
of derivatives products for clearing. CME notes that the facilitation
of clearance of iTraxx Contracts is of particular importance as the
CFTC has determined that iTraxx Contracts that are subject to a 5Y or
10Y tenor are subject to mandatory clearing under Section 2(h) of the
Commodity Exchange Act (``CEA'').\4\ As such, the proposed changes are
designed to promote the prompt and accurate clearance and settlement of
securities transactions and, to the extent applicable, derivatives
agreements, contracts, and transactions, to assure the safeguarding of
securities and funds which are in the custody or control of the
clearing agency or for which it is responsible, and, in general, to
protect investors and the public interest consistent with Section
17A(b)(3)(F) of the Exchange Act.\5\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78q-1.
    \4\ 7 U.S.C. 2(h).
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

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

    CME does not believe that the proposed rule change would have any
impact, or impose any burden, on competition. On the contrary, the
clearance of iTraxx Contracts will promote competition since some of
CME's competitors, including ICE Clear Credit LLC, ICE Clear Europe
Limited and LCH.Clearnet S.A., already offer clearing of iTraxx
Contracts. CME will therefore be able to provide market participants
with an expanded choice for clearing iTraxx Contracts.

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

    Written comments relating to the CDS Product Rules have not been
solicited, or received. CME will notify the Commission of any written
comments received by CME.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate 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 or disapprove such proposed rule change, or

    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CME-2014-31 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-CME-2014-31. 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 or
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of CME and on CME's
Web site at http://www.cmegroup.com/market-regulation/rule-filings.html.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-CME-2014-31
and should be submitted on or before September 8, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary .
[FR Doc. 2014-19526 Filed 8-15-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Page 37285]
[FR Doc No: 2017-16713]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Thirty Fifth RTCA SC-216 Aeronautical Systems Security Plenary

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Thirty Fifth RTCA SC-216 Aeronautical Systems Security Plenary.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of Thirty Fifth RTCA Meeting of Special Committee 216
Aeronautical Systems Security Plenary. SC-216 is a subcommittee to
RTCA.

DATES: The meeting will be held September 12-14, 2017, 9:00 a.m.-5:00
p.m.

ADDRESSES: The meeting will be held at: RTCA Headquarters, 1150 18th
Street NW., Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION, CONTACT: Karan Hofmann at<EMAIL_ADDRESS>or
202-330-0680, or The RTCA Secretariat, 1150 18th Street NW., Suite 910,
Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax at (202)
833-9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the Thirty Fifth RTCA SC-216 Aeronautical
Systems Security Plenary. The agenda will include the following:

September 12-14, 2017, 9:00 a.m.-5:00 p.m.

1. Welcome and Administrative Remarks
2. Introductions
3. Agenda Review
4. Meeting-Minutes Review
5. Review Joint Action List
6. Review DO-356A/ED-203A for Final Review and Comment (FRAC)/Open
Consultation
7. Decision to Approve Release of DO-356A/ED-203A for FRAC/Open
Consultation
8. Schedule Update
9. Date, Place and Time of Next Meeting
10. New Business
11. Adjourn Plenary

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on August 3, 2017.
Mohannad Dawoud,
Management & Program Analyst, Partnership Contracts Branch, ANG-A17,
NextGen, Procurement Services Division, Federal Aviation
Administration.
[FR Doc. 2017-16713 Filed 8-8-17; 8:45 am]
 BILLING CODE 4910-13-P


EPA REGISTRATION DIVISION - COMPANY NOTICE OF FILING OF PESTICIDE PETITION

EPA Registration Division contact: Sidney Jackson<PHONE_NUMBER>

Interregional Research Project Number 4 (IR-4)

Pesticide Petition Number: 2E8117

	EPA has received a pesticide petition, 2E8117, from IR-4 Project Headquarters, 500 College Road East, Suite 201W, Princeton, NJ, 08540 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180, by establishing a tolerance for residues of quinoxyfen in or on the raw agricultural commodity Vegetable, fruiting, group 8-10 at 1.7 parts per million (ppm); Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 0.60 ppm; Berry, low growing, subgroup 13-07G at 0.90 ppm. Upon approval of the aforementioned tolerances, it is proposed that 40 CFR 180 be amended to remove the established tolerances for the residues of quinoxyfen in or on the raw agricultural commodity grape at 0.60 ppm, strawberry at 0.90 ppm, pepper, bell at 0.35 ppm, and pepper, nonbell at 1.7 ppm.

EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether these data support granting of the petition.  Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism.  The metabolism of quinoxyfen has been studied in a variety of crops under both outdoor (wheat, tomatoes and sugar beets) and glasshouse (grapes and cucumbers) conditions.  The nature of residues (NOR) is adequately understood for the purposes of these tolerances.  Based on the findings from these studies, quinoxyfen is the primary residue in all crops and therefore, the only residue of concern.  Metabolites were present at low levels (<10% of total radioactive residue).  A confined rotational crop study was conducted with quinoxyfen which confirmed minimal carryover of residues (> 0.003 μg/g) to succeeding crops.

      	2. Analytical method. A practical analytical method is available to monitor and enforce the tolerances of quinoxyfen residues in crops.  The analytical method uses a capillary gas chromatography and mass selective detection (GC-MSD) with limits of quantitation (LOQ) of <0.01 mg/kg.  The method is adequate for collecting data and enforcing tolerances for quinoxyfen residues in/on the subject crops.

      	3. Magnitude of residues. The residue data in support of the proposed tolerances were generated from the magnitude of residue studies on tomato.

Tomato: Supervised tomato field trials were conducted at thirteen field sites located in the U.S. All treatment applications targeted 0.130 pound active ingredient per acre (lb a.i./A) plus a non-ionic surfactant (NIS) at 0.125% volume per volume (v/v) or an organosilicone surfactant at mid-label rate. Applications were made at approximately 7-day intervals, with the last application targeted 3  1 days before harvest (PHI=3 days).  Two decline trials were conducted at 0, 3, 7, and 14 days before harvest (+/- 1 day) and residue generally declined over the 2 weeks period.   Residues of quinoxyfen were extracted from 1.0 g of tomato fruit with acetonitrile (mixture of ACN/water for puree and paste).  The results from the trials show that the maximum residue of quinoxyfen in tomato fruit at 2-4 day PHI was 0.32 ppm. A tomato processing study was conducted.  The maximum quinoxyfen residue in tomato fruit was 0.11 ppm, the maximum quinoxyfen residue in tomato paste was 0.089 ppm and the maximum quinoxyfen residue in tomato puree was 0.035 ppm.  Quinoxyfen residues did not concentrate in tomato fruit, paste or puree.  Data from these studies may be used to support a tolerance proposal for quinoxyfen on tomato.
B. Toxicological Profile

	1. Acute toxicity.  No appropriate toxicological endpoint attributable to a single exposure of quinoxyfen was identified based on the available toxicity studies including the acute neurotoxicity study in rats, the developmental toxicity studies in rats and in rabbits.  Therefore, acute risk assessment is not required.

	2. Genotoxicty.  Quinoxyfen was negative for genotoxicity when tested in
in vitro and in vivo systems.

	3. Reproductive and developmental toxicity.  There was no evidence of increased susceptibility in the oral rat or rabbit developmental studies.  There
was an increased quantitative susceptibility of young animals following
pre/postnatal exposure to rats in the reproduction study.  No maternal effects were observed up to the highest dose tested, 100 milligram per kilogram (mg/kg)/day; however, minimally reduced F1a pup weights were noted at 100 mg/kg/day.

	4. Subchronic toxicity.  Quinoxyfen caused increased liver weights and microscopic hepatocellular hypertrophy when given at sufficiently high dose levels in rats and mice for 13 weeks; no effects were observed in the subchronic dog study
at the highest dose tested.  Very high dietary levels were associated with slight
hepatocellular necrosis.  Similar increases in liver weights were seen in chronic studies.  In addition, increased kidney weights, and an increase in the incidence of chronic progressive glomerulonephropathy, were seen after 24 months in female rats given high dose levels of quinoxyfen.

	5. Chronic toxicity.  Combined chronic/carcinogenicity (rat) no-observed adverse effect level (NOAEL) = 20 mg/kg/day.  Lowest observed adverse effect level (LOAEL) = 80 mg/kg/day based on increases in severity of chronic progressive glomerulonephropathy in the males and minimal decreases in body weight and body weight gain in the males and females.  No evidence of carcinogenicity existed in an 18-month mouse feeding study and a 24-month rat feeding study at any dosage tested.

	6. Animal metabolism.  Quinoxyfen is rapidly absorbed, extensively metabolized and rapidly eliminated in the urine and feces.  Studies conducted with 14C-quinoxyfen, labeled in either the phenyl ring or the quinoline ring, indicated extensive cleavage of the diaryl ether linkage.  There were no substantive differences in the metabolism and disposition of quinoxyfen between males and females, or between single or repeated exposure.  Parent quinoxyfen was not found in the urine, though it was identified in the feces.  The major metabolites found in urine and/or feces included (1) acid-labile conjugates of the phenyl ring moiety (4-FP) and quinoline ring moiety (DCHQ); (2) lesser quantities of free 4-FP and DCHQ; and, (3) isomers of fluorophenyl-ring hydroxy-quinoxyfen, both free and glucuronide and/or sulfate conjugates.  Trace quantity of the 3-OH metabolite was also identified in the urine and feces of rats.

      7. Metabolite toxicology.  The nature of residue studies (NOR) of quinoxyfen in plants indicated that the majority of applied radiolabeled material remained as the parent compound.  Analyses from NOR studies in a number of crops revealed low residues of metabolites (<10% TRR) identified as (1) a quinoline-ring hydroxylated metabolite, most likely 3-OH; (2) a cyclized deschloro photoproduct (CFBPQ); (3) 4-FP; and, (4) a metabolite in which the fluorine was replaced by a hydroxyl group.

Of these metabolites, 4-FP (formed by ether bridge cleavage), and DCHQ (corresponding to the other half of the molecule), as well as trace quantities of 3-OH, have been identified in rat urine and/or feces.  These data suggest that most metabolites formed in plants are similarly formed in mammals and are of little toxicological concern, based on the existing data for quinoxyfen.

	8. Endocrine disruption.  There is no evidence from any studies to suggest that quinoxyfen has an effect on any endocrine system.

	9. Immunotoxicity.  A 28-day immunotoxicity study on the quinoxyfen did not exhibit any evidence of Immunotoxicity.

	10. Neurotoxicity.  EPA concluded that there is no evidence of neurotoxicity as a result of exposure to quinoxyfen. There is no indication that quinoxyfen is a neurotoxic chemical and there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity.

C. Aggregate Exposure

	1. Dietary exposure.  Risk assessments were conducted to assess dietary exposures from quinoxyfen in food as follows:

	i. Food.  No appropriate toxicological endpoint attributable to a single exposure was identified in the available toxicological studies on quinoxyfen.  Thus, the risk from acute exposure is considered negligible.

Based on the conservative assumptions used and using a cPAD of 0.20 mg/kg/day, the chronic dietary exposure to quinoxyfen from all registered and proposed uses without drinking water, to all population subgroups is approximately 2.3% of the cPAD.  Children 1-2 years old have been identified as the most highly exposed population subgroup utilizing only 4.1% of the cPAD.

	ii. Drinking water.  Calculation of potential acute aggregate dietary exposure from food and drinking water was not necessary.  Risk assessment for short-term and chronic exposure to quinoxyfen indicates that drinking water is not a significant exposure pathway.

Based on the FIRST and SCI-GROW models, the estimated environmental
concentrations (EECs) of quinoxyfen for chronic exposures are estimated
to be 0.66 ppb for surface water and 0.0031 ppb for ground water.  For the purpose of these assessments, 0.66 ppb was used for the chronic exposure estimate for water, and this value was incorporated as a single point estimate for both "water, direct, all sources," and "water, indirect, all sources" within DEEM-FCID food categories exposure modeling.  Based on the conservative assumptions used and using a cPAD of 0.20 mg/kg/day, the chronic dietary exposure to quinoxyfen from all registered and proposed uses and drinking water, to all population subgroups is approximately 2% of the cPAD.  Children 1-2 years old have been identified as the most highly exposed population subgroup utilizing only 2.1% of the cPAD.

	2. Non-dietary exposure. Quinoxyfen is not registered for use on any sites that would result in residential exposure.  Thus, the risk from non-dietary exposure is considered negligible.

D. Cumulative Effects

	At this time, EPA does not have available data to determine whether quinoxyfen has a common mechanism of toxicity with other substances.  Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, quinoxyfen does not appear to produce a toxic metabolite generated by other substances.  For purposes of this assessment, therefore, it is assumed that quinoxyfen does not have a mechanism of toxicity common with other substances and no cumulative risk assessment is required.

E. Safety Determination

	1. U.S. population.  Using conservative exposure assumptions (Tier 1) and taking into account the completeness and reliability of the toxicity data, chronic dietary food exposure to quinoxyfen from registered uses as well as from proposed uses will utilize 2.3% of the cRfD for the general U.S. population.  The major identifiable subgroup with the highest chronic food exposure is children (1-2 years old) utilizing only 4.1% of the cRfD.  Generally, EPA has no concern for exposures below 100% of the cRfD because the chronic RfD represents the level at or below which daily dietary exposures over a lifetime will not pose appreciable risks to human health.  Additionally, the potential contribution of quinoxyfen residues in drinking water to aggregate exposure is expected to be minimal.

Short-term and intermediate-term risks are considered to be negligible because of lack of significant toxicological effects.  Therefore, based on these risk assessments, Dow AgroSciences concludes that there is reasonable certainty that no harm will result to the U.S. population from aggregate exposure to quinoxyfen residues from registered and proposed uses.

	2. Infants and children.  EPA uses a weight of evidence approach in determining what safety factor is appropriate for assessing risks to infants and children.  This approach takes into account the nature and severity of the effects observed in pre- and post-natal studies and other information such as epidemiological data.  The completeness and adequacy of the toxicity database is also considered.

The toxicity database and exposure data for quinoxyfen are complete.  No indication of increased susceptibility of rats or rabbits to in utero and/or postnatal exposure was noted in the acceptable developmental toxicity studies in rats and rabbits as well as in a 2-generation reproductive toxicity study in rats.  EPA has previously determined that no additional safety factor to protect infants and children is necessary for quinoxyfen and that the RfD at 0.20 mg/kg/day is appropriate for assessing risk to infants and children.

Using the conservative assumptions (Tier 1) described above, the chronic dietary exposure to quinoxyfen from (food + water) will utilize 2.3% of the cPAD for the U.S. population, <2% of the cPAD for infants (< 1year old), and 4.1% of the cPAD for children (1-2 years old) the population at greatest exposure.  Even when considering the potential exposure to drinking water, the aggregate exposure is not expected to exceed 100% of the cRfD.  There are no residential uses for quinoxyfen that result in chronic residential exposure to quinoxyfen.  Therefore, based on the completeness and reliability of the toxicity data and the conservative exposure assessment, Dow AgroSciences concludes with reasonable certainty that no harm will result to infants and children from the aggregate exposure to quinoxyfen residues from registered and proposed uses.

F. International Tolerances

	There are no Mexican, Canadian or Codex maximum residue limits
(MRLs) established for quinoxyfen in/on any food or feed crop considered in this action.  Therefore, no compatibility issues exist for these tolerances.  International harmonization is therefore not an issue for this notification.


[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Proposed Rules]
[Pages 41909-41911]
[FR Doc No: 2021-16573]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0546]
RIN 1625-AA08

Special Local Regulation; Ohio River, Louisville, KY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the Ohio River at mile marker 596. This action is
necessary to provide for the safety of life on these navigable waters
during the Captain's Quarters Sailing Regatta from October 9, 2021
through October 10, 2021. This proposed rulemaking would prohibit
persons and vessels from being in the limited access area unless
authorized by the Captain of the Port Ohio Valley or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 24, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0546 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Taylor Mudrock, Sector
Ohio Valley, U.S. Coast Guard<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On July 5, 2021, River Cities Community Sailing Program notified
the Coast Guard that it will be conducting a sailing regatta from noon
through 5 p.m. on October 9, 2021 and October 10, 2021. The regatta
will consist of

approximately 35 sailing vessels ranging in size from 22 feet to 35
feet.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters during, the scheduled event. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing a special local regulation from noon through
5 p.m. on October 9, 2021 and October 10, 2021. This special local
regulation will cover all navigable waters from mile markers 594 to
598. The duration of the zone is intended to ensure the safety of the
sailing vessels during the regatta. No vessel or person would be
permitted to enter the limited access area without obtaining permission
from the COTP or a designated representative. The regulatory text we
are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
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 special local regulation. This special
local regulation would restrict transit on a four-mile stretch of the
Ohio River for five hours on two days. Moreover, the Coast Guard would
issue Broadcast Notice to Mariners (BNMs), Local Notices to Mariners
(LNMs), and Marine Safety Information Bulletins (MSIBs) about this
special local regulation so that waterway users may plan according for
this restriction on transit, and the rule would allow Bessel to request
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed rule. If the rule would affect
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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made
a preliminary determination 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 two day
sailing competition held annually. Normally such actions are
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0546 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T08-0462 to read as follows:

Sec.  100.T08-0462   Captain's Quarters Sailing Regatta, Louisville,
KY. Ohio River MM 594.0 to MM 598.0.

    (a) Regulated area. The regulations in this section apply to the
following area: All waters of the Ohio River from MM 594.0 to MM 598.0,
extending the entire width of the river.
    (b) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector Ohio Valley or their
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by Sector Ohio Valley command center at<PHONE_NUMBER>.
Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the 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.
    (c) Enforcement period. This section will be enforced from noon
through 5 p.m. on October 9, 2021 and October 10, 2021.

    Dated: July 20, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-16573 Filed 8-3-21; 8:45 am]
BILLING CODE 9110-04-P