[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26131-26134]
[FR Doc No: 2018-11984]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83347; File No. SR-NYSEAMER-2018-17]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Intercontinental Exchange, Inc. Director Independence Policy

May 30, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 22, 2018, NYSE American LLC (the ``Exchange'' or
``NYSE American'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 amend the Intercontinental Exchange, Inc.
(``ICE'') director independence policy (``Independence Policy'') in
connection with a transaction (``Transaction'') whereby Chicago Stock
Exchange, Inc. (``CHX'') and its direct parent, CHX Holdings, Inc.
(``CHX Holdings''), would become indirect subsidiaries of
Intercontinental Exchange, Inc. (``ICE''), the ultimate parent of the
Exchange. The proposed rule change is available on the Exchange's
website at www.nyse.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Independence Policy in
connection with the Transaction. CHX Holdings,\4\ ICE and Kondor Merger
Sub, Inc. (``Merger Sub''), entered into a Merger Agreement dated April
4, 2018 (``Merger Agreement''). Merger Sub is a wholly-owned subsidiary
of NYSE Group, Inc. (``NYSE Group''). Pursuant to the Merger Agreement,
Merger Sub would merge with and into CHX Holdings, with CHX Holdings
continuing as the surviving corporation (``Merger''). Upon the Merger,
NYSE Group would hold all of the outstanding and issued shares of CHX
Holdings, and CHX Holdings would continue to be the record and
beneficial owner of all of the issued and outstanding shares of capital
stock of CHX and the sole member of CHXBD, LLC (``CHXBD''), the
Exchange's affiliated routing broker.
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    \4\ CHX became a wholly-owned subsidiary of CHX Holdings
pursuant to the Exchange's demutualization as approved by the
Commission in February 2005. See Securities Exchange Act Release No.
51149 (February 8, 2005), 70 FR 7531 (February 14, 2005) (SR-CHX-
2004-26).
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    NYSE Group owns all of the equity interest in the Exchange and its
national securities exchange affiliates, the New York Stock Exchange
LLC (``NYSE''), NYSE Arca, Inc. (``NYSE Arca'') and NYSE National, Inc.
(``NYSE National''). In turn, NYSE Group is a wholly-owned subsidiary
of NYSE Holdings LLC, which is wholly owned by Intercontinental
Exchange Holdings, Inc. (``ICE Holdings''). ICE Holdings is wholly
owned by ICE.\5\
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    \5\ ICE is a publicly traded company listed on the NYSE.
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    Following the Transaction, CHX would continue to be registered as a
national securities exchange and as a separate self-regulatory
organization. As such, CHX would continue to have separate rules,
membership rosters, and listings that would be distinct from the rules,
membership rosters, and listings of the four registered national
securities exchanges and self-regulatory organizations owned by NYSE
Group, namely, the NYSE, NYSE American, NYSE Arca, and NYSE National
(together, the ``NYSE Exchanges'').
    The proposed rule changes would become operative simultaneously
with the Merger that effectuates the Transaction (``Closing'').
Amendments to the Independence Policy
    The Independence Policy was adopted at the time that the Exchange
was acquired by ICE \6\ and amended to reflect the NYSE Group
acquisition of NYSE National.\7\ In connection with the Transaction,
the Independence Policy would be amended to provide similar protections
to CHX as are currently provided to the NYSE Exchanges by the policy,
by making technical and conforming amendments.\8\ In addition, the
Exchange proposes to remove or update obsolete references.
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    \6\ See Securities Exchange Act Release No. 70210 (August 15,
2013), 78 FR 51758,<PHONE_NUMBER>65 [sic] (August 21, 2013) (SR-NYSE-
2013-42; SR-NYSEMKT-2013-50; SR-NYSEArca-2013-62). At the time of
the acquisition, ``ICE'' was called ``IntercontinentalExchange
Group, Inc.'' See Securities Exchange Act Release No. 72156 (May 13,
2014), 79 FR 28782 (May 19, 2014) (SR-NYSEMKT-2014-41).
    \7\ See Securities Exchange Act Releases No. 79901 (January 30,
2017), 82 FR 9251 (February 3, 2017) (SR-NYSE-2016-90; SR-NYSEArca-
2016-167; SR-NYSEMKT-2016-122), and 79902 (January 30, 2017), 82 FR
9258 (February 3, 2017) (SR-NSX-2016-16).
    \8\ The Exchange's affiliates NYSE, NYSE Arca, and NYSE National
have each submitted substantially the same proposed rule change to
the Independence Policy as described herein. See SR-NYSE-2018-19,
SR-NYSEArca-2018-27, and SR-NYSENAT-2018-06.
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    The proposed amendments are as follows:
     Under ``Independence Qualifications,'' references to the
CHX would be added to categories (1)(b) and (c) that refer to
``members,'' as defined in section 3(a)(3)(A)(i), 3(a)(3)(A)(ii),
3(a)(3)(A)(iii) and 3(a)(3)(A)(iv) of the Exchange Act.\9\ References
to the CHX would also be added to subsections (4) and (5) of the
section. As CHX does not have terms equivalent to ``allied members'' or
``approved persons,'' the Exchange does not propose to add references
to CHX to the clause following ``(collectively, `Members')'' in
category (1)(b) or to category 2.
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    \9\ See 15 U.S.C. 78c(a)(3)(a).
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     The NYSE no longer has allied members.\10\ Accordingly,
the Exchange proposes to delete the text ``as defined in paragraph (c)
of Rule 2 of the New York Stock Exchange LLC and'' from category 1(b)
of ``Independence Qualifications.''
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    \10\ See Securities Exchange Act Release No. 58549 (September
15, 2008), 73 FR 54444 (September 19, 2008) (SR-NYSE-2008-80)
(notice of filing and immediate effectiveness of proposed rule
change and Amendment No. 1 thereto conforming certain NYSE rules to
changes to NYSE incorporated rules recently filed by the Financial
Industry Regulatory Authority, Inc.).
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     NYSE MKT LLC changed its name to NYSE American LLC.\11\
Under ``Independence Qualifications'' and ``Member Organizations,''
references to NYSE MKT LLC would be updated to reflect its name change.
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    \11\ See Securities Exchange Act Release No. 80283 (March 21,
2017), 82 FR 15244 (March 27, 2017) (SR-NYSEMKT-2017-14).
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     NYSE Arca Equities, Inc. merged with NYSE Arca, Inc., and
therefore no longer exists.\12\ Accordingly, under ``Independence
Qualifications,'' the text ``and Rule 1.1(c) of NYSE Arca Equities,
Inc.'' in category 1(b) and references to NYSE Arca Equities, Inc. in
categories 2 and 5 would be deleted.
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    \12\ See Securities Exchange Act Release No. 81419 (August 17,
2017), 82 FR 40044 (August 23, 2017) (SR-NYSEArca-2017-40).
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    Conforming changes would also be made to delete and replace
connectors.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \13\ in general, and with Section
6(b)(1) \14\ in particular, in that it enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act and to comply, and to enforce compliance by its
exchange members and persons associated with its exchange members, with
the provisions of the Exchange Act, the rules and regulations
thereunder, and the rules of the Exchange.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(1).
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    The Exchange believes that amending the ICE Independence Policy
would remove impediments to, and perfect the mechanism of a free and
open market and a national market system and, in general, protect
investors and the public interest by incorporating CHX in the text of
the Independence Policy and by removing or updating obsolete or
outdated references, thereby adding clarity and transparency to the
Exchange Rules by removing any confusion that may result if the
Transaction was not reflected in the Independence Policy, or if it
retained

obsolete or outdated references to NYSE allied members, NYSE MKT LLC or
NYSE Arca Equities, Inc. The proposed changes would allow persons
subject to the Exchange's jurisdiction, regulators, and investors to
more easily navigate and understand the Independence Policy,
contributing to the orderly operation of the Exchange,
    For similar reasons, the Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\15\ in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \15\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed amendments to the
Independence Policy would remove impediments to and perfect the
mechanism of a free and open market and a national market system by
removing confusion that may result if the Transaction was not reflected
in the Independence Policy, or if it retained obsolete or outdated
references to NYSE allied members, NYSE MKT LLC or NYSE Arca Equities,
Inc., thereby ensuring that market participants can more easily
navigate, understand and comply with the Exchange rules. In this
manner, the proposed change would ensure that persons subject to the
Exchange's jurisdiction, regulators, and the investing public can more
easily navigate and understand the Independence Policy. The Exchange
further believes that eliminating obsolete or outdated references would
not be inconsistent with the public interest and the protection of
investors because investors will not be harmed and in fact would
benefit from increased transparency, thereby reducing potential
confusion. Removing such obsolete references will also further the goal
of transparency and add clarity to the Exchange's rules.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not intended to address competitive issues but rather is
concerned solely with updating the Independence Policy to reflect the
Transaction and to remove obsolete references.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the 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) of the Act \16\ and Rule 19b-4(f)(6) thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6)(iii) requires the
Exchange to provide the Commission with written notice of its intent
to file the proposed rule change, along with a brief description and
the text of the proposed rule change, at least five business days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Exchange has
fulfilled this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \18\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \19\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay to allow
the Exchange to immediately update the Independence Policy to reflect
the Transaction and to remove obsolete references. The Commission does
not believe that any new or novel issues are raised by the proposal.
For these reasons, the Commission believes that the waiver of the
operative delay is consistent with the protection of investors and the
public interest. Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\20\
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-NYSEAMER-2018-17 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-NYSEAMER-2018-17. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish

to make available publicly. All submissions should refer to File Number
SR-NYSEAMER-2018-17 and should be submitted on or before June 26, 2018.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11984 Filed 6-4-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33399-33402]
[FR Doc No: 2021-13284]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92173; File No. SR-C2-2021-010]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend Its Fees Schedule

June 14, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 1, 2021, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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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

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') is filing with
the Securities and Exchange Commission (``Commission'') a proposed rule
change to amend Open-Close Data fees. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule to (i) adopt an
academic discount for its historical End-of-Day Open-Close and Intraday
Open-Close data and (ii) offer a free trial during the months of June
and July 2021 for an ad-hoc request of three (3) historical months of
Intraday Open-Close historical data to all Trading Permit Holders
(``TPHs'') and non-TPHs who have never before subscribed to the
Intraday Open-Close historical files.
    By way of background, the Exchange historically offered Open-Close
Data, which is an end-of-day volume summary of trading activity on the
Exchange at the option level by origin (customer, professional
customer, broker-dealer, and market maker), side of the market (buy or
sell), price, and transaction type (opening or closing) (``End-of-Day
Open-Close Data''). The customer and professional customer volume is
further broken down into trade size buckets (less than 100 contracts,
100-199 contracts, greater than 199 contracts). The End-of-Day Open-
Close Data is proprietary C2 Options trade data and does not include
trade data from any other exchange. It is also a historical data
product and not a real-time data feed. The recently adopted Intraday
Open-Close Data provides similar information to that of End-of-Day
Open-Close Data but is produced and updated every 10 minutes during the
trading day. Data is captured in ``snapshots'' taken every 10 minutes
throughout the trading day and is available to subscribers within five
minutes of the conclusion of each 10-minute period.\3\ The Intraday
Open-Close Data provides a volume summary of trading activity on the
Exchange at the option level by origin (customer, professional
customer, broker-dealer, and market maker), side of the market (buy or
sell), and transaction type (opening or closing). The customer and
professional customer volume are further broken down into trade size
buckets (less than 100 contracts, 100-199 contracts, greater than 199
contracts). The Intraday Open-Close Data is also proprietary C2 Options
trade data and does not include trade data from any other exchange.
Cboe LiveVol, LLC (``LiveVol''), a wholly owned subsidiary of the
Exchange's parent company, Cboe Global Markets, Inc., makes the Open-
Close Data and Intraday Open-Close Data available for purchase to TPHs
and non-TPHs on the LiveVol DataShop website (datashop.cboe.com).
Customers may currently purchase End-of-Day Open-Close Data on a
subscription basis ($500 per month) or by ad hoc request for a
specified historical month ($400 per request per month). Customers may
also purchase Intraday Open-Close Data on a subscription basis ($1,000
per month or $12,000 per year) or by ad hoc request for a specified
historical month ($500 per request per month).
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    \3\ For example, subscribers to the intraday product will
receive the first calculation of intraday data by approximately 9:42
a.m. ET, which represents data captured from 9:30 a.m. to 9:40 a.m.
Subscribers will receive the next update at 9:52 a.m., representing
the data previously provided together with data captured from 9:40
a.m. through 9:50 a.m., and so forth. Each update will represent the
aggregate data captured from the current ``snapshot'' and all
previous ``snapshots.''
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    The Exchange now proposes to adopt an academic discount for ad-hoc
requests of historical months of these data sets. Specifically, the
Exchange proposes to charge qualifying academic purchasers $500 per
year for the first year (instead of $4,800 per year) for historical
End-of-Day Open-Close Data and $1,000 per year for the first year
(instead of $6,000 per year) for historical Intraday Open-Close Data.
Additional months after the first year may be purchased separately and
will be assessed a prorated amount based on the yearly rate (i.e.,
$41.67 per month for historical End-of-Day Open-Close and $83.33 per
month for historical Intraday Open-Close). Particularly, the Exchange
believes that academic institutions and researchers provide a valuable
service for the Exchange in studying and promoting the options market.
Though academic institutions and researchers have need for granular
options data sets, they do not trade upon the data for which they
subscribe. The Exchange believes the proposed reduced fee for
qualifying academic purchasers of historical End-of-Day Open-Close Data
and Intraday Open-Close Data will encourage and promote academic
studies of its market data by academic institutions. In order to
qualify for the academic pricing, an academic purchaser must be (1) an
accredited academic institution or member of the faculty or staff of
such an institution, (2) that will use the data in independent academic
research, academic journals and other publications, teaching and
classroom use, or for other bona fide educational purposes (i.e.
academic use). Furthermore, use of the data must be limited to faculty
and students of an accredited academic institution, and any commercial
or profit-seeking usage is excluded. Academic pricing will not be
provided to any purchaser whose research is funded by a securities
industry participant. LiveVol subscriber policies will reflect the
academic discount program, and academic users interested in qualifying
will be required to submit a brief application. LiveVol Business
Development will have the discretion to review and approve such
applications and request additional information when it deems
necessary.
    The Exchange notes that another exchange currently offers an
academic discount for a similar data feed.\4\ Additionally, the
Exchange's affiliate Cboe Exchange, Inc. (``Cboe Options'') offers an
academic discount for historical End-of-Day Open-Close and Intraday
Open-Close Data products.\5\ The Exchange recognizes the high value of
academic research and educational instruction and publications, and
believes that the proposed academic discount for historical End-of-Day
Open-Close Data and Intraday Open-Close Data will encourage the
promotion of academic research of the options industry, which will
serve to benefit all market participants while also opening up a new
potential user base among students. Finally, the Exchange notes that
academic purchasers' ad hoc requests of historical End-of-Day Open-
Close an Intraday Open-Close Data would be educational in use and
purpose, and not vocational.
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    \4\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A.,
Nasdaq ISE Open/Close Trade Profile Intraday.
    \5\ See Cboe Options Fees Schedule, Livevol Fees, Open Close
Data.
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    The Exchange next seeks to adopt a free trial for historical ad hoc
requests for Intraday Open-Close Data for new purchasers. Particularly,
the Exchange proposes to adopt a free trial available during the months
of June and July 2021 to provide up to three (3) historical months of
Intraday Open-Close Data to any TPH or non-TPH that has not previously
subscribed to this offering.\6\ The Exchange believes the proposed
trial will serve as an incentive for new users to start purchasing
Intraday Open-Close historical data. More specifically, the Exchange
believes it will give potential subscribers the ability to use

and test the data offering before signing up for additional months. The
Exchange also notes another exchange offers a free trial for new
subscribers of a similar data product.\7\ Lastly, the purchase of
Intraday Open-Close historical data is discretionary and not
compulsory.
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    \6\ For example, if a TPH or non-TPH that has never made an ad-
hoc request for a specified month of Intraday Open-Close historical
data wishes to purchase Intraday Open-Close Data for the months of
January, February and March 2021 during the month of June 2021, the
historical files for those months would be provided free of charge.
If a new user wishes to purchase Intraday Open-Close historical data
for the months of January, February, March and April 2021 during the
month of June 2021, then the data for January, February and March
2021 would be provided free of charge, and the new user would be
charged $1,000 for the April 2021 historical file.
    \7\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A.,
Nasdaq ISE Open/Close Trade Profile End of Day.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\9\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
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 to protect investors and the public
interest, and that it is not designed to permit unfair discrimination
among customers, brokers, or dealers. The Exchange also believes that
its proposal to adopt fees for Intraday Open-Close Data is consistent
with Section 6(b) of the Act in general, and furthers the objectives of
Section 6(b)(4) of the Act \10\ in particular, in that it is an
equitable allocation of dues, fees and other charges among its members
and other recipients of Exchange data.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange believes that the discount for
qualifying academic purchasers of the ad hoc historical End-of-Day
Open-Close and Intraday Open-Close Data is reasonable because academic
users are not able to monetize access to the data as they do not trade
on the data set. The Exchange believes the proposed discount will allow
for more academic institutions and faculty members to purchase
historical End-of-Day Open-Close and Intraday Open-Close Data, and, as
a result, promote research and studies of the options industry to the
benefit of all market participants. The Exchange believes that the
proposed discount is equitable and not unfairly discriminatory because
it will apply equally to all academic users that submit applications
and meet the accredited academic institution or faculty member and
academic use criteria. As stated above, qualified academic users will
subscribe to the data set for educational use and purposes and are not
permitted to use the data for commercial or monetizing purposes, nor
can qualify if they are funded by an industry participant. As a result,
the Exchange believes the proposed discount is equitable and not
unfairly discriminatory because it maintains equal treatment for all
industry participants or other subscribers that use the data for
vocational, commercial or other for-profit purposes.
    The Exchange also believes that the proposed free trial for any TPH
or non-TPH who has not previously purchased Intraday Open-Close
historical data is reasonable because such users would not be subject
to fees for up to 3 months' worth of Intraday Open-Close historical
data. The Exchange believes the proposed free trial is also reasonable
as it will give potential subscribers the ability to use and test the
Intraday Open-Close historical data prior to purchasing additional
months and will therefore encourage and promote new users to purchase
the Intraday Open-Close historical data. The Exchange believes that the
proposed discount is equitable and not unfairly discriminatory because
it will apply equally to all TPHs and non-TPHs who have not previously
purchased Intraday Open-Close historical data. Lastly, as noted above,
another exchange offers a free trial to new users for a similar data
product \11\ and purchase of this data product is discretionary and not
compulsory.
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    \11\ See Nasdaq ISE, Options 7 Pricing Schedule, Section 10A.,
Nasdaq ISE Open/Close Trade Profile End of Day.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed rule change
relating to the academic discount will apply to all qualifying academic
purchasers uniformly. While the proposed fee reduction applies only to
qualifying academic purchasers, academic purchasers' research and
publications as a result of access to historical market data benefits
all market participants. The Exchange also does not believe that the
proposed rule change relating to the free trial will impose any burden
on intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed rule change
will apply to all TPHs and non-TPHs who have never made an ad-hoc
request to purchase Intraday Open-Close historical data. Moreover,
purchase of Intraday Open-Close historical files is discretionary and
not compulsory.
    The Exchange also does not believe that the proposed rule change
will impose any burden on intermarket competition that is not necessary
or appropriate in furtherance of the purposes of the Act because the
proposed change applies only to the Exchange. Furthermore, another
exchange currently offers similar historical data to academic users at
a discounted price as well as a similar free-trial period for similar
data.\12\
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule
19b-4 \14\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2021-010 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-C2-2021-010. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-C2-2021-010 and should be submitted on
or before July 15, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-13284 Filed 6-23-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 4, 2010 (Volume 75, Number 23)]
[Notices]
[Page 5780]
[DOCID:fr04fe10-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13653-000]

Claverack Creek, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

January 27, 2010.
    On January 11, 2010, Claverack Creek, LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of the Claverack Creek Hydroelectric Project No. 13653,
to be located on Claverack Creek, in Columbia County, New York.
    The proposed project would consist of: (1) The existing 16-foot-
high, 170-foot-long Stottville Mill Dam; (2) an existing 11.4-acre
impoundment with a normal water surface elevation of 106 feet mean sea
level; (3) an existing turbine with a new generator and a new turbine-
generator with a total capacity of 450 kilowatts; (4) an existing 10-
foot-wide, 8-foot-deep intake canal; (5) new trash racks, head gates,
and stop log structure; (6) an existing 6-foot-diameter, 10-foot-long
penstock and a new 10-foot-long penstock extension; (7) a new 40-foot-
wide, 60-foot-long powerhouse; (8) an existing 10-foot-wide, 20-foot-
long tailrace; (9) a new approximately 200-foot-long, 13.2-kilovolt
transmission line from the powerhouse to a nearby distribution line;
(10) a redeveloped 100-foot-long access road; (11) and appurtenant
facilities. The project would have an estimated annual generation of
2,182 megawatt-hours.
    Applicant Contact: William Fay, 189 River Road, Ware, MA 01082,
(413) 244-6445.
    FERC Contact: Brandon Cherry,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing application: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``eFiling'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp.
    More information about this project can be viewed or printed on the
``eLibrary'' link of the Commission's Web site at http://www.ferc.gov/
docs-filing/elibrary.asp. Enter the docket number (P-13653) in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-2264 Filed 2-3-10; 8:45 am]
BILLING CODE 6717-01-P


Scientific Advisory Panel

Consultation on the Effects of Climate Change on

Pesticide Exposure Assessment Models

Reference List

Ecological References

Arnot, J.A. and F.A.P.C. Gobas. 2004. A food web bioaccumulation model
for organic chemicals in aquatic ecosystems. Environmental Toxicology
and Chemistry, 23 (10): 2343-2355

  HYPERLINK
"http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6V78-4KNKBNV-
1&_user=14684&_coverDate=10%2F01%2F2006&_rdoc=1&_fmt=high&_orig=search&_
origin=search&_sort=d&_docanchor=&view=c&_searchStrId=1459610150&_rerunO
rigin=google&_acct=C000001678&_version=1&_urlVersion=0&_userid=14684&md5
=6c16b95f68ad217945a95994734058d5&searchtype=a" \l "bbib7#bbib7"
Bloomfield, J.P., Williams R.J., Gooddy, D.C., Cape, J.N., and P. Guha.
200 6 Impacts of climate change on the fate and behaviour of pesticides
in surface and ground water- a UK Perspective. Science of the Total
Environment 369: 163-177

Falloon, P.P., Smith P., Bradley R.I., Milne, R., Tomlinson, R., Viner,
D., Livermore, M., Brown, T. 2006.  RothCUK - a dynamic modelling system
for estimating changes in soil C from mineral soils at 1-km resolution
in the UK. Soil Use Manag.  22: 274–288.

  HYPERLINK
"http://onlinelibrary.wiley.com/doi/10.1111/j.1475-2743.2006.00028.x/pdf
"
http://onlinelibrary.wiley.com/doi/10.1111/j.1475-2743.2006.00028.x/pdf

Fletcher, J.S., J.E. Nellesson and T. G. Pfleeger. 1994. Literature
review and evaluation of the EPA food-chain (Kenaga) nomogram, an
instrument for estimating pesticide residues on plants. Environ. Tox.
And Chem. 13(9):1383-1391

Grace, P.R., Colunga-Garcia, M., Stuart, H., Gage, G., Robertson, P.,
and Safir, G.R. 2006. The Potential Impact of Agricultural Management
and Climate Change on Soil Organic Carbon of the North Central Region of
the United States. Ecosystems 9: 816–827

  HYPERLINK "http://www.cbmjournal.com/content/1/1/14"
http://www.cbmjournal.com/content/1/1/14

Hoerger, F. and E.E. Kenaga. 1972. Pesticide residues on plants:
correlation of representative data as a basis for estimation of their
magnitude in the environment. IN: F. Coulston and F. Corte, eds.,
Environmental Quality and Safety: Chemistry, Toxicology and Technology.
Vol 1. Georg Theime Publishers, Stuttgart, Germany. Pp. 9-28

Natural Resources Conservation Service (NRCS). 1986. Urban Hydrology for
Small Watersheds, TR – 55. United States Department of Agriculture,
Washington DC

  HYPERLINK
"http://www.wsi.nrcs.usda.gov/products/w2q/h&h/docs/other/TR55_documenta
tion.pdf"
http://www.wsi.nrcs.usda.gov/products/w2q/h&h/docs/other/TR55_documentat
ion.pdf


[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22056-22057]
[FR Doc No: 2023-07677]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2328]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before July 11, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2328, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of

the SRP only may be exercised after FEMA and local communities have
been engaged in a collaborative consultation process for at least 60
days without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Sonoma County, California and Incorporated Areas
         Project: 18-09-0034S Preliminary Date: October 27, 2022
------------------------------------------------------------------------
City of Santa Rosa.....................  Engineering Division, City
                                          Hall, 100 Santa Rosa Avenue,
                                          Santa Rosa, CA 95404.
Town of Windsor........................  Building 400, 9291 Old Redwood
                                          Highway, Windsor, CA 95492.
Unincorporated Areas of Sonoma County..  Sonoma County Permit & Resource
                                          Management, 2550 Ventura
                                          Avenue, Santa Rosa, CA 95403.
------------------------------------------------------------------------

[FR Doc. 2023-07677 Filed 4-11-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: September 26, 2005 (Volume 70, Number 185)]
[Notices]
[Page 56193-56194]
[DOCID:fr26se05-72]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52469; File No. SR-Amex-2005-089]

Self-Regulatory Organizations; American Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Adopt Options Licensing Fees for Certain Vanguard ETF Options

September 19, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 9, 2005, the American Stock Exchange, Inc. (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by Amex. Amex submitted
the proposed rule change under Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange proposes to modify its options fee schedule by
adopting a per-contract side licensing fee for the orders of
specialists, registered options traders (``ROTs''), firms, non-member
market makers, and broker-dealers in connection with transactions in
options on certain Vanguard exchange-traded funds (``ETFs'').
    The text of the proposed rule change is available on Amex's Web
site http://www.amex.com, at Amex's principal office, and at the

Commission's Public Reference Room.

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

    In its filing with the Commission, Amex 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. Amex 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 has entered into numerous license agreements with
issuers and owners of indexes for the purpose of trading options on
certain ETFs. The requirement to pay an index licensing fee to third
parties is a condition to the listing and trading of these ETF options.
In many cases, the Exchange is required to pay a significant licensing
fee to issuers or index owners that may not be reimbursed. In an effort
to recoup the costs associated with certain index licenses, the
Exchange has established a per-contract side licensing fee for the
orders of specialists, ROTs, firms, non-member market makers, and
broker-dealers collected on every transaction in certain designated
products in which such market participant is a party.\5\
---------------------------------------------------------------------------

    \5\ See File No. SR-Amex-2005-087 (filed on August 31, 2004, and
pending before the Commission).
---------------------------------------------------------------------------

    The purpose of the proposal is to charge a per-contract side
licensing fee in connection with transactions in certain options on the
Vanguard ETFs (``Vanguard ETF Options''). Specifically, Amex seeks to
charge an options licensing fee of $0.10 per contract side for
specialist, ROT, firm, non-member market maker, and broker-dealer
orders executed on the Exchange in connection with the following
Vanguard ETFs:
    (1) Vanguard Consumer Discretionary VIPERs (symbol: VCR);
    (2) Vanguard Consumer Staples VIPERs (symbol: VDC);
    (3) Vanguard Energy VIPERs (symbol: VDE);
    (4) Vanguard Financials VIPERs (symbol: VFH);
    (5) Vanguard Health Care VIPERs (symbol: VHT);
    (6) Vanguard Industrials VIPERs (symbol: VIS);
    (7) Vanguard Information Technology VIPERs (symbol: VGT);
    (8) Vanguard Materials VIPERs (symbol: VAW);
    (9) Vanguard Utilities VIPERs (symbol: VPU);
    (10) Vanguard Telecommunication Services VIPERs (symbol: VOX);
    (11) Vanguard REIT VIPERs (symbol: VNQ);
    (12) Vanguard Small-Cap Growth VIPERs (symbol: VBK);
    (13) Vanguard Small-Cap Value VIPERs (symbol: VBR);
    (14) Vanguard Mid-Cap VIPERs (symbol: VO);
    (15) Vanguard Large-Cap VIPERs (symbol: VV);
    (16) Vanguard Growth VIPERs (symbol: VUG);
    (17) Vanguard Value VIPERs (symbol: VTV); and
    (18) Vanguard Small-Cap VIPERs (symbol: VB).
    In addition, the Exchange also proposes to charge an options
licensing fee of $0.09 per contract side for specialist, ROT, firm,
non-member market maker, and broker-dealer orders executed on the
Exchange in connection with the Vanguard Extended Market VIPERs
(symbol: VXF). The proposal also revises Section V (Options Licensing
Fee) of the Options Fee Schedule to designate the SPDR O-Strip by its
symbol ``OOO.'' In all cases, the fees set forth in the Options Fee
Schedule are charged only to Exchange members through whom the orders
are placed.
    The proposed options licensing fees will allow the Exchange to
recoup its costs in connection with index licensing fees for the
trading of the Vanguard ETF Options. The fees will be collected on
every Vanguard ETF Option order of a specialist, ROT, firm, non-member
market maker, and broker-dealer executed on the Exchange. The Exchange
believes that collection of a per-contract side licensing fee in
connection with Vanguard ETF Options orders placed by those market
participants that are the beneficiaries of the Exchange's index license
agreements is justified and consistent with the rules of the Exchange.
    The Exchange notes that Amex in recent years has revised a number
of fees to better align Exchange fees with the actual cost of
delivering services and to reduce Exchange subsidies of such

services.\6\ Implementation of this proposal is consistent with the
reduction and/or elimination of these subsidies. Amex believes that
these fees will help to allocate to those market participants offering
Vanguard ETF Options a fair share of the related costs of offering such
options. In connection with the adoption of an options licensing fee
for the Vanguard ETF Options, the Exchange notes that the proposal will
better align its licensing fees with its competitors. The Exchange also
maintains that charging an options licensing fee, where applicable, for
all market participant orders executed on the Exchange except for
customer orders is reasonable given the competitive pressures in the
industry. Accordingly, the Exchange seeks, through this proposal, to
better align its charges with the cost of providing these products and
maintaining the trading floor and systems.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 45360 (January 29,
2002), 67 FR 5626 (February 6, 2002) and 44286 (May 9, 2001), 66 FR
27187 (May 16, 2001).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\8\ in particular, regarding
the equitable allocation of reasonable dues, fees, and other charges
among exchange members and other persons using exchange facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\10\ because it establishes or changes a due, fee, or other
charge imposed by Amex. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-Amex-2005-089 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number SR-Amex-2005-089. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal offices of Amex. 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-Amex-2005-089 and should be submitted on or before October 17, 2005.

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

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

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5169 Filed 9-23-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 62979-62980]
[DOCID:fr22oc08-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-43-000]

Tenaska Washington Partners, L.P.; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

October 15, 2008.
    This is a supplemental notice in the above-referenced proceeding of
Tenaska Washington Partners, L.P.'s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 5, 2008.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed

docket(s). For assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-25085 Filed 10-21-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66255-66257]
[FR Doc No: 2019-26059]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87632; File No. SR-BOX-2019-34]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Rule
7260 by Extending the Penny Pilot Program Through June 30, 2020

November 26, 2019.
    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 November 19, 2019, BOX Exchange LLC (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule 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 extend the effective time period of the
Penny Pilot Program until June 30, 2020. The text of the proposed rule
change is available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's internet
website at http://boxoptions.com.

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

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

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

1. Purpose
    The Exchange proposes to extend the effective time period of the
Penny Pilot Program that is currently scheduled to expire on December
31, 2019, until June 30, 2020.\3\ The Penny Pilot Program permits
certain classes to be quoted in

penny increments. The minimum price variation for all classes included
in the Penny Pilot program, except for PowerShares QQQ Trust
(``QQQQ'')[supreg], SPDR S&P 500 Exchange Traded Funds (``SPY''), and
iShares Russell 2000 Index Funds (``IWM''), will continue to be $0.01
for all quotations in options series that are quoted at less than $3
per contract and $0.05 for all quotations in options series that are
quoted at $3 per contract or greater. QQQQ, SPY, and IWM will continue
to be quoted in $0.01 increments for all options series.
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    \3\ The Penny Pilot Program has been in effect on the Exchange
since its inception in May 2012. See Securities Exchange Act Release
Nos. 66871 (April 27, 2012), 77 FR 26323 (May 3, 2012) (File No.10-
206, In the Matter of the Application of BOX Options Exchange LLC
for Registration as a National Securities Exchange Findings,
Opinion, and Order of the Commission), 67328 (June 29, 2012), 77 FR
40123 (July 6, 2012) (SR-BOX-2012-007), 68425 (December 13, 2012),
77 FR 75234 (December 19, 2013) (SR-BOX-2012-021), 69789 (June 18,
2013), 78 FR 37854 (June 24, 2013) (SR-BOX-2013-31), 71056 (December
12, 2013), 78 FR 76691 (December 18, 2013) (SR-BOX-2013-56), 72348
(June 9, 2014), 79 FR 33976 (June 13, 2014) (SR-BOX-2014-17), 73822
(December 11, 2014), 79 FR 75606 (December 18, 2014) (SR-BOX-2014-
29), 75295 (June 25, 2015), 80 FR 37690 (July 1, 2015) (SR-BOX-2015-
23), 78172 (June 28, 2016), 81 FR 43325 (July 1, 2016) (SR-BOX-2016-
24), 79429 (November 30, 2016), 81 FR 87991 (December 6, 2016) (SR-
BOX-2016-55), 80828 (May 31, 2017), 82 FR 26175 (June 6, 2017) (SR-
BOX-2017-18), 82353 (December 19, 2017) 82 FR 61087 (December 26,
2017) (SR-BOX-2017-37), 83500 (June 22, 2018), 83 FR 30471 (June 28,
2018) (SR-BOX-2018-23), 84869 (December 19, 2018), 83 FR 66806
(December 27, 2018) (SR-BOX-2018-38), and 86053 (June 6, 2019), 84
FR 27388 (June 12, 2019) (SR-BOX-2019-20). The extension of the
effective date is the only change to the Penny Pilot Program being
proposed at this time.
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    The Exchange may replace any Pilot Program classes that have been
delisted on the second trading day in the first month of each quarter.
The Exchange notes that the replacement classes will be selected based
on trading activity in the previous six months. The Exchange will
employ the same parameters to prospective replacement classes as
approved and applicable under the Pilot Program, including excluding
high-priced underlying securities. The Exchange will distribute a
Regulatory Circular notifying Participants which replacement classes
shall be included in the Penny Pilot Program.
    BOX is specifically authorized to act jointly with the other
options exchanges participating in the Pilot Program in identifying any
replacement class.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\4\ in general, and Section
6(b)(5) of the Act,\5\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general protect investors
and the public interest.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which extends the Penny
Pilot until June 30, 2020, will enable public customers and other
market participants to express their true prices to buy and sell
options for the benefit of all market participants. This is consistent
with the Act.

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. To the contrary, this proposal
is pro-competitive because it allows Penny Pilot issues to continue
trading on the Exchange. Moreover, the Exchange believes that the
proposed rule change will allow for further analysis of the Pilot and a
determination of how the Pilot should be structured in the future; and
will serve to promote regulatory clarity and consistency, thereby
reducing burdens on the marketplace and facilitating investor
protection. The Pilot is an industry wide initiative supported by all
other option exchanges. The Exchange believes that extending the Pilot
will allow for continued competition between market participants on the
Exchange trading similar products as their counterparts on other
exchanges, while at the same time allowing the Exchange to continue to
compete for order flow with other exchanges in option issues trading as
part of the Pilot.
    As such, 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.

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) \7\ thereunder. 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 after the date of the filing, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
\9\ thereunder.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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 necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission 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_ADDRESS>Please include
File Number SR-BOX-2019-34 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-BOX-2019-34. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, on official business days
between the hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street
NE, Washington, DC 20549. 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. 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-BOX-2019-34 and should be submitted on
or before December 24, 2019.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-26059 Filed 12-2-19; 8:45 am]
 BILLING CODE 8011-01-P


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[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Notices]
[Pages 58713-58714]
[FR Doc No: 2019-23945]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10001-58-OA]

Notification of a Public Meeting of the Chartered Clean Air
Scientific Advisory Committee (CASAC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces a
public face-to-face meeting of the Chartered Clean Air Scientific
Advisory Committee (CASAC). The CASAC will discuss its Draft Report on
EPA's Policy Assessment for the Review of the National Ambient Air
Quality Standards (NAAQS) for Particulate Matter (External Review
Draft--September 2019) and will peer review EPA's Integrated Science
Assessment for Ozone and Related Photochemical Oxidants (External
Review Draft--September 2019) and EPA's Policy Assessment for the
Review of the Ozone National Ambient Air Quality Standards (External
Review Draft).

DATES: The public face-to-face meeting will be held on Tuesday,
December 3, 2019, from 9:00 a.m. to 5:00 p.m. (ET), Wednesday, December
4, 2019, from 8:30 a.m. to 5:00 p.m. (ET), Thursday, December 5, 2019,
from 8:30 a.m. to 5:00 p.m. (ET), and Friday, December 6, 2019, from
8:30 a.m. to 3:30 p.m. (ET).

ADDRESSES: The public face-to-face meeting will be held at the Embassy
Suites by Hilton Raleigh Durham Research Triangle, 201 Harrison Oaks
Boulevard, Cary, North Carolina 27513.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain information concerning these public meetings may contact Mr.
Aaron Yeow, Designated Federal Officer (DFO), at<PHONE_NUMBER> or at
<EMAIL_ADDRESS>General information about the CASAC, as well as any
updates concerning the meeting announced in this notice, may be found
on the CASAC website at http://www.epa.gov/casac.

SUPPLEMENTARY INFORMATION:
    Background: The Clean Air Scientific Advisory Committee (CASAC) was
established under section 109(d)(2) of the Clean Air Act (CAA or Act)
(42 U.S.C. 7409) as a scientific advisory committee. The CASAC provides
independent advice, information and recommendations on the scientific
and technical aspects of air quality criteria and the National Ambient
Air Quality Standards (NAAQS). The CASAC shall also: Advise the EPA
Administrator of areas in which additional knowledge is required to
appraise the adequacy and basis of existing, new, or revised NAAQS;
describe the research efforts necessary to provide the required
information; advise the EPA Administrator on the relative contribution
to air pollution concentrations of natural as well as anthropogenic
activity; and advise the EPA Administrator of any adverse public
health, welfare, social, economic, or energy effects which may result
from various strategies for attainment and maintenance of such NAAQS.
The CAA requires that the Agency, at five-year intervals, review and
revise, as appropriate, the air quality criteria and the NAAQS for the
six ``criteria'' air pollutants, including particulate matter and
ozone. EPA is currently reviewing the NAAQS for particulate matter and
the NAAQS for ozone.
    The CASAC is a Federal Advisory Committee chartered under the
Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2. The Chartered
CASAC will comply with the provisions of FACA and all appropriate SAB
Staff Office procedural policies. Pursuant to FACA and EPA policy,
notice is hereby given that the Chartered CASAC will hold a public
face-to-face meeting to discuss its Draft Report on EPA's Policy
Assessment for the Review of the National Ambient Air Quality Standards
(NAAQS) for Particulate Matter (External Review Draft--September 2019)
and to peer review

EPA's Integrated Science Assessment for Ozone and Related Photochemical
Oxidants (External Review Draft--September 2019) and EPA's Policy
Assessment for the Review of the Ozone National Ambient Air Quality
Standards (External Review Draft).
    Technical Contacts: Any technical questions concerning the Policy
Assessment for the Review of the National Ambient Air Quality Standards
for Particulate Matter (External Review Draft--September 2019) should
be directed to Dr. Scott Jenkins (jenkins.scott@epa.gov). Any technical
questions concerning the Integrated Science Assessment for Ozone and
Related Photochemical Oxidants (External Review Draft--September 2019)
should be directed to Dr. Tom Luben<EMAIL_ADDRESS>and Dr.
Meredith Lassiter (lassiter.meredith@epa.gov). Any technical questions
concerning the Policy Assessment for the Review of the Ozone National
Ambient Air Quality Standards (External Review Draft) should be
directed to Dr. Deirdre Murphy (murphy.deirde@epa.gov).
    Availability of Meeting Materials: Prior to the meeting, the review
documents, agenda and other materials will be accessible through the
calendar link on the blue navigation bar at http://www.epa.gov/casac/.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to EPA.
Members of the public can submit relevant comments on the topic of this
advisory activity, including the charge to the CASAC and the EPA review
documents, for the CASAC to consider as it develops advice for EPA.
Input from the public to the CASAC will have the most impact if it
provides specific scientific or technical information or analysis for
CASAC to consider or if it relates to the clarity or accuracy of the
technical information. Members of the public wishing to provide comment
should follow the instructions below to submit comments.
    Oral Statements: Individuals or groups requesting an oral
presentation during the face-to-face meeting will be limited to five
minutes. Each person making an oral statement should consider providing
written comments as well as their oral statement so that the points
presented orally can be expanded upon in writing. Interested parties
should contact Mr. Aaron Yeow, DFO, in writing (preferably via email)
at the contact information noted above by November 26, 2019, to be
placed on the list of public speakers.
    Written Statements: Written statements will be accepted throughout
the advisory process; however, for timely consideration by CASAC
members, statements should be supplied to the DFO (preferably via
email) at the contact information noted above by November 26, 2019. It
is the SAB Staff Office general policy to post written comments on the
web page for the advisory meeting or teleconference. Submitters are
requested to provide an unsigned version of each document because the
SAB Staff Office does not publish documents with signatures on its
websites. Members of the public should be aware that their personal
contact information, if included in any written comments, may be posted
to the CASAC website. Copyrighted material will not be posted without
explicit permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Mr. Aaron Yeow at (202)
564-2050 or<EMAIL_ADDRESS>To request accommodation of a
disability, please contact Mr. Yeow preferably at least ten days prior
to each meeting to give EPA as much time as possible to process your
request.

    Dated: October 22, 2019.
Khanna Johnston,
Deputy Director, EPA Science Advisory Staff Office.
[FR Doc. 2019-23945 Filed 10-31-19; 8:45 am]
 BILLING CODE 6560-50-P