[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Rules and Regulations]
[Pages 36469-36471]
[FR Doc No: 2019-15969]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0621]
RIN 1625-AA00

Safety Zone; Allegheny River, Mile 0 to Mile 0.6, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Allegheny River from Mile 0 to Mile 0.6. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by high speed boat races and
paddle boat races. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by Captain of the Port Marine
Safety Unit Pittsburgh or a designated representative.

DATES: This rule is effective from 10:30 a.m. on August 2, 2019 through
10:30 p.m. on August 4, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0621 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Charles Morris, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. After receiving
and fully reviewing the event information, circumstances and exact
location, the Coast Guard determined that a safety zone was necessary
to protect personnel, vessels, and the marine environment from
potential hazards created from high speed boat races and paddleboat
races. It would be impracticable to complete the full NPRM process for
this safety zone because we need to establish it by August 2, 2019 and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Marine
Safety Unit Pittsburgh (COTP) has determined that a safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created from high speed boat races and paddle boat
races.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10:30 a.m. on August 2,
2019 through 10:30 p.m. on August 4, 2019, to be enforced from 10:30
a.m. through 10:30 p.m. each day. The safety zone will cover all
navigable waters on the Allegheny River from Mile 0 to Mile 0.6.
    No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned to units under the operational
control of the COTP. To seek permission to enter, contact the COTP or a
designated representative via VHF-FM channel 16, or through Marine
Safety Unit Pittsburgh at<PHONE_NUMBER>. Persons and vessels permitted
to enter the safety zone must comply with all lawful orders or
directions issued by the COTP or designated representative. The COTP or
a designated representative will inform the public of the effective
period for the safety zone as well as any changes in the dates and
times of enforcement through Local Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins
(MSIBs), as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts
approximately a one-half mile stretch of the Allegheny River for a
duration of twelve hours on each of three days. Vessel traffic can seek
permission to transit the zone. Moreover, the Coast Guard will issue
LNMs, MSIBs, and BNMs via VHF-FM marine channel 16 about 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 rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a temporary safety zone lasting twelve
hours on each of three days that will prohibit entry on the Allegheny
River from Mile 0 to Mile 0.6, during the high speed boat race and
paddleboat race event. It is categorically excluded from further review
under paragraph L60(a) in Table Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0621 to read as follows:

Sec.  165.T08-0621  _Safety Zone; Allegheny River, Mile 0 to Mile 0.6,
Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All navigable
waters of the Allegheny River from Mile 0 to Mile 0.6
    (b) Effective period. This section is effective from 10:30 a.m. on
August 2, 2019, through 10:30 p.m. on August 4, 2019. It will be
enforced from 10:30 a.m. through 10:30 p.m. each day.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry of persons and vessels into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units under the operational control of
the COTP.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. To seek permission to enter, contact the COTP or a
designated representative via VHF-FM channel 16, or through Marine
Safety Unit Pittsburgh at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.

A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2019-15969 Filed 7-26-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47254-47256]
[FR Doc No: 2017-21812]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81814; File No. SR-Phlx-2017-75]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
of Proposed Rule Change To Amend Rule 1009 To Modify the Criteria for
Listing an Option on an Underlying Covered Security

October 4, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 27, 2017, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The 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 Exchange proposes to amend Commentary .01 to Rule 1009 to
modify the criteria for listing an option on an underlying covered
security.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqphlx.cchwallstreet.com/ com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Commentary .01
to Rule 1009 to modify the criteria for listing options on an
underlying security as defined in Section 18(b)(1)(A) of the Securities
Act of 1933 (hereinafter ``covered security'' or ``covered
securities''). In particular, the Exchange proposes to modify Rule
1009, Commentary .01(4)(i) to permit the listing of an option on an
underlying covered security that has a market price of at least $3.00
per share for the previous three consecutive business days preceding
the date on which the Exchange submits a certificate to the Options
Clearing Corporation (``OCC'') for listing and trading. The Exchange
does not intend to amend any other criteria for listing options on an
underlying security in Rule 1009 and accompanying Commentary.
    Currently the underlying covered security must have a closing
market price of $3.00 per share for the previous five consecutive
business days preceding the date on which the Exchange submits a
listing certificate to OCC. In the proposed amendment, the market price
will still be measured by the closing price reported in the primary
market in which the underlying covered security is traded, but the
measurement will be the price over the prior three consecutive business
day period preceding the submission of the listing certificate to OCC,
instead of the prior five business day period.
    The Exchange acknowledges that the Options Listing Procedures Plan
\3\ requires that the listing certificate be provided to OCC no earlier
than 12:01 a.m. and no later than 11:00 a.m. (Chicago time) on the
trading day prior to the day on which trading is to begin.\4\

The proposed amendment will still comport with that requirement. For
example, if an initial public offering (``IPO'') occurs at 11 a.m. on
Monday, the earliest date the Exchange could submit its listing
certificate to OCC would be on Thursday by 12:01 a.m. (Chicago time),
with the market price determined by the closing price over the three-
day period from Monday through Wednesday. The option on the IPO would
then be eligible for trading on the Exchange on Friday. The proposed
amendment would essentially enable options trading within four business
days of an IPO becoming available instead of six business days (five
consecutive days plus the day the listing certificate is submitted to
OCC).
---------------------------------------------------------------------------

    \3\ The Plan for the Purpose of Developing and Implementing
Procedures Designed to Facilitate the Listing and Trading of
Standardized Options Submitted Pursuant to Section 11a(2)(3)(B) of
the Securities Exchange Act of 1934 (a/k/a the Options Listing
Procedures Plan (``OLPP'')) is a national market system plan that,
among other things, set forth procedures governing the listing of
new options series. See Securities Exchange Act Release No. 44521
(July 6, 2001), 66 FR 36809 (July 13, 2001) (Order approving OLPP).
The sponsors of OLPP include Phlx; OCC; BATS Exchange, Inc.; BOX
Options Exchange LLC; C2 Options Exchange, Incorporated; Chicago
Board Options Exchange, Incorporated; EDGX Exchange, Inc; Miami
International Securities Exchange, LLC; MIAX PEARL LLC; The NASDAQ
Stock Market LLC; NASDAQ BX, Inc.; Nasdaq GEMX, LLC; Nasdaq ISE,
LLC; Nasdaq MRX, LLC; NYSE American, LLC; and NYSE Arca, Inc.
    \4\ See OLPP at page 3.
---------------------------------------------------------------------------

    At the time the Exchange adopted the ``look back'' period of five
consecutive business days, it determined that the five-day period was
sufficient to protect against attempts to manipulate the market price
of the underlying security and would provide a reliable test for
stability.\5\ Surveillance technologies and procedures concerning
manipulation have evolved since then to provide adequate prevention or
detection of rule or securities law violations within the proposed time
frame, and the Exchange represents that its existing trading
surveillances are adequate to monitor the trading in the underlying
security and subsequent trading of options on the Exchange.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 47794 (May 5, 2003),
68 FR 25076 (May 9, 2003) (SR-Phlx-2003-27).
    \6\ Such surveillance procedures generally focus on detecting
securities trading subject to opening price manipulation, closing
price manipulation, layering, spoofing or other unlawful activity
impacting an underlying security, the option, or both. As it relates
to IPOs, the Exchange has price movement alerts, unusual market
activity and order book alerts active for all trading symbols. These
real-time patterns are active for the new security as soon as the
IPO begins trading. The Nasdaq MarketWatch group, which provides
such real-time surveillance on the Exchange and its affiliated
markets, monitors trading activity in IPOs to see whether the new
issue moves substantially above or below the public offering price
in the first day or several days of trading.
---------------------------------------------------------------------------

    Furthermore, The NASDAQ Stock Market (``Nasdaq''), the Exchange's
affiliated listing market, had no cases within the past five years
where an IPO-related issue for which it had pricing information
qualified for the $3.00 price requirement during the first three days
of trading and did not qualify for the $3.00 price requirement during
the first five days.\7\ In other words, none of these qualifying issues
fell below the $3.00 threshold within the first three or five days of
trading. As such, the Exchange believes that its existing surveillance
technologies and procedures, coupled with its findings related to the
IPO-related issues on Nasdaq as described herein, adequately address
potential concerns regarding possible manipulation or price stability
within the proposed timeframe.
---------------------------------------------------------------------------

    \7\ There were over 750 IPO-related issues on Nasdaq within the
past five years. Out of all of the issues with pricing information,
there was only one issue that had a price below $3 during the first
five consecutive business days. The Exchange notes, however, that
Nasdaq allows for companies to list on the Nasdaq Capital Market at
$2.00 or $3.00 per share in some instances, which was the case for
this particular issue. See Nasdaq Rule 5500 Series for initial
listing standards on the Nasdaq Capital Market.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed look back period can
be implemented in connection with the other initial listing criteria
for underlying covered securities. In particular, the Exchange
recognizes that it may be difficult to verify the number of
shareholders in the days immediately following an IPO due to the fact
that stock trades generally clear within two business days (T+2) of
their trade date and therefore the shareholder count will generally not
be known until T+2.\8\ The Exchange notes that the current T+2
settlement cycle was recently reduced from T+3 on September 5, 2017 in
connection with the Commission's amendments to Exchange Rule 15c6-1(a)
to adopt the shortened settlement cycle,\9\ and the look back period of
three consecutive business days proposed herein reflects this shortened
T+2 settlement period. As proposed, stock trades would clear within T+2
of their trade date (i.e., within three business days) and therefore
the number of shareholders could be verified within three business
days, thereby enabling options trading within four business days of an
IPO (three consecutive business days plus the day the listing
certificate is submitted to OCC).
---------------------------------------------------------------------------

    \8\ The number of shareholders of record can be verified from
large clearing agencies such as The Depository Trust and Clearing
Corporation (``DTCC'') upon the settlement date (i.e., T+2).
    \9\ See Securities Exchange Act Release No. 78962 (September 28,
2016), 81 FR 69240 (October 5, 2016) (Amendment to Securities
Transaction Settlement Cycle) (File No. S7-22-16).
---------------------------------------------------------------------------

    Furthermore, the Exchange notes that it can verify the shareholder
count with various brokerage firms that have a large retail customer
clientele. Such firms can confirm the number of individual customers
who have a position in the new issue. The earliest that these firms can
provide confirmation is usually the day after the first day of trading
(T+1) on an unsettled basis, while others can confirm on the third day
of trading (T+2). The Exchange has confirmed with some of these
brokerage firms who provide shareholder numbers to the Exchange that
they are able to provide these numbers within T+2 after an IPO. For the
foregoing reasons, the Exchange believes that basing the proposed three
business day look back period on the T+2 settlement cycle would allow
for sufficient verification of the number of shareholders.
    The proposed rule change will apply to all covered securities that
meet the criteria of Rule 1009. Pursuant to Rule 1009, the Exchange's
Board of Directors (the ``Board'') establishes guidelines to be
considered by the Exchange in evaluating the potential underlying
securities for Exchange option transactions.\10\ However, the fact that
a particular security may meet the guidelines established by the Board
does not necessarily mean that it will be approved as an underlying
security.\11\ As part of the established criteria, the issuer must be
in compliance with any applicable requirement of the Securities
Exchange Act of 1934.\12\ Additionally, in considering the underlying
security, the Exchange relies on information made publicly available by
the issuer and/or the markets in which the security is traded.\13\
Also, in determining whether to list an option that otherwise meets the
objective listing criteria, the Chairman of the Board or his designee
may consider, inter alia, the name recognition of the option or
underlying security.\14\ Even if the proposed option meets the
objective criteria, the Chairman of the Board or his designee may
decide not to list, or place limitations or conditions upon
listing.\15\ The Exchange believes that these measures, together with
its existing surveillance procedures, provide adequate safeguards in
the review of any covered security that may meet the proposed criteria
for consideration of the option within the timeframe contained in this
proposal.
---------------------------------------------------------------------------

    \10\ See Exchange Rule 1009(b). The Board established specific
criteria to consider by the Exchange in evaluating potential
underlying securities for Exchange Option Transactions in its
Commentary to Exchange Rule 1009.
    \11\ Id.
    \12\ See Exchange Rule 1009, Commentary .01(5).
    \13\ See Exchange Rule 1009, Commentary .02(d).
    \14\ See Exchange Rule 1009, Commentary .02(e).
    \15\ See Exchange Rule 1009, Commentary .02(c).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\16\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\17\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and

perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to its listing
standards for covered securities would allow the Exchange to more
quickly list options on a qualifying covered security that has met the
$3.00 eligibility price without sacrificing investor protection. As
discussed above, the Exchange believes that its existing trading
surveillances provide a sufficient measure of protection against
potential price manipulation within the proposed three consecutive
business day timeframe. The Exchange also believes that the proposed
three consecutive business day timeframe would continue to be a
reliable test for price stability in light of its findings that none of
the IPO-related issues on Nasdaq within the past five years that
qualified for the $3.00 per share price standard during the first three
trading days fell below the $3.00 threshold during the fourth or fifth
trading day. Furthermore, the established guidelines to be considered
by the Exchange in evaluating the potential underlying securities for
Exchange option transactions,\18\ together with existing trading
surveillances, provide adequate safeguards in the review of any covered
security that may meet the proposed criteria for consideration of the
option within the proposed timeframe.
---------------------------------------------------------------------------

    \18\ See notes 10-15 above.
---------------------------------------------------------------------------

    In addition, the Exchange believes that basing the proposed
timeframe on the T+2 settlement cycle adequately addresses the
potential difficulties in confirming the number of shareholders of the
underlying covered security. Having some of the largest brokerage firms
that provide these shareholder counts to the Exchange confirm that they
are able to provide these numbers within T+2 further demonstrates that
the 2,000 shareholder requirement can be sufficiently verified within
the proposed timeframe. For the foregoing reasons, the Exchange
believes that the proposed amendments will remove and perfect the
mechanism of a free and open market and a national market system by
providing an avenue for investors to swiftly hedge their investment in
the stock in a shorter amount of time than what is currently in
place.\19\
---------------------------------------------------------------------------

    \19\ This proposed rule change does not alter any obligations of
issuers or other investors of an IPO that may be subject to a lock-
up or other restrictions on trading related securities.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change
reduces the number of days to list options on an underlying security,
and is intended to bring new options listings to the marketplace
quicker.

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

    No written comments were either solicited or received.

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

    Within 45 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 shall: (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 Number SR-Phlx-2017-75 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-Phlx-2017-75. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-Phlx-2017-75, and should be
submitted on or before November 1, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21812 Filed 10-10-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13663-13664]
[FR Doc No: 2015-05940]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Motor Carrier Safety Advisory Committee (MCSAC): Public Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of meeting.

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

SUMMARY: FMCSA announces that its MCSAC will meet on Monday and
Tuesday, March 30-31, 2015. The MCSAC will meet to discuss and analyze
data to support the potential benefits and feasibility of voluntary
compliance and ways to credit carriers and drivers who initiate and
establish programs that promote safety beyond the standards established
in FMCSA regulations. The meeting will be open to the public for its
entirety with a public comment period at the end of each day.
    Times and Dates: The meeting will be held Monday--Tuesday, March
30-31, 2015, from 9 a.m. to 4:30 p.m., Eastern Daylight Time (EDT), at
the Hyatt Regency Crystal City, 2799 Jefferson Davis Highway,
Arlington, VA 22202,<PHONE_NUMBER>. Copies of the MCSAC Task Statement
and an agenda for the entire meeting will be made available in advance
of the meeting at http://mcsac.fmcsa.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Policy

Advisor, Federal Motor Carrier Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590,
(202) 385-2395<EMAIL_ADDRESS>    Services for Individuals with Disabilities: For information on
facilities or services for individuals with disabilities or to request
special assistance at the meeting, please contact Mr. Eran Segev at
(617) 494-3174 or<EMAIL_ADDRESS>by Wednesday, March 25, 2015.

SUPPLEMENTARY INFORMATION:

I. Background

    MCSAC was established to provide FMCSA with advice and
recommendations on motor carrier safety programs and motor carrier
safety regulations. MCSAC is composed of up to 20 voting
representatives from safety advocacy, safety enforcement, labor, and
industry stakeholders of motor carrier safety. The diversity of the
Committee ensures the requisite range of views and expertise necessary
to discharge its responsibilities. The Committee operates as a
discretionary committee under the authority of the U.S. Department of
Transportation (DOT), established in accordance with the provisions of
the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2.
See FMCSA's MCSAC Web site for additional information about the
committee's activities at http://mcsac.fmcsa.dot.gov/.

Voluntary Compliance Task

    The truck and motorcoach industries and the DOT have invested
significant resources to research, develop, and test strategies and
technologies to reduce truck and bus crashes. In September 2014, the
Commercial Vehicle Safety Alliance submitted a request to FMCSA to
consider initiating a pilot program to investigate the benefits and
feasibility of voluntary compliance. Citing research that has been
underway for several years, the Agency established an Alternative
Compliance initiative the goal of which is to analyze the concept and
gather data to support how this concept might be developed and
implemented. The Agency will request that the MCSAC, with its
collective expertise on transportation safety, identify options for the
motor carrier safety community to promote programs that could improve
safety beyond the standards established in FMCSA regulations.

II. Meeting Participation

    Oral comments from the public will be heard during the last half-
hour of the meetings each day. Should all public comments be exhausted
prior to the end of the specified period, the comment period will
close. Members of the public may submit written comments on the topics
to be considered during the meeting by Wednesday, March 25, 2015, to
Federal Docket Management System (FDMC) Docket Number FMCSA-2006-26367
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC, between 9 a.m. and 5
p.m., E.T. Monday through Friday, except Federal holidays.

    Issued on: March 11, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-05940 Filed 3-13-15; 8:45 am]
 BILLING CODE 4910-EX-P


September 10, 2007

EPA and National Paint and Coatings Association (NPCA)

Teleconference

Participants:

Heidi McAuliffe, Counsel

Government Affairs Division

National Paint and Coatings Association

Robin Dunkins, Leader, Natural Resources and Commerce Group

J. Kaye Whitfield, EPA Project Lead

National VOC Emission Standards for Aerosol Coatings

Bruce Moore, EPA Team Leader

Consumer and Commercial Products Sector

Geoffrey L. Wilcox, EPA OGC ARLO

	The teleconference was held at the request of NPCA.  NPCA requested the
meeting to ask whether EPA would reopen the comment period on the
proposal.

	EPA explained that it did not intend to reopen the comment period due
to a court ordered deadline for completion of the final rule, and had
made no decision regarding how it would handle any late comments.

NPCA reiterated concerns about the application of FIFRA which it had
previously raised in written comments.  EPA indicated that it would
review the written comments.

 PAGE

 PAGE   1


[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36985-36986]
[FR Doc No: 2016-13307]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of a New Approval of Information Collection: Automatic
Dependent Surveillance--Broadcast (ADS-B) Rebate System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
FAA invites public comments about its intention to request Office of
Management and Budget (OMB) approval for a new information collection.
The FAA is launching a rebate program to emphasize the urgent need for
pilots to comply with Automatic Dependent Surveillance Broadcast (ADS-
B) Out requirements ahead of the January 1, 2020, compliance deadline.
This program will defray costs associated with the ADS-B equipment and
installation for eligible general aviation aircraft, and help ensure
that all general aviation aircraft are equipped by the compliance date.

DATES: Written comments should be submitted by August 8, 2016.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 441, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.
    Public comments invited: Individuals are asked to comment on any
aspect of this information collection, including (a) whether the
proposed collection of information is necessary for this program; (b)
the accuracy of the estimated burden; (c) ways for the FAA to enhance
the quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
public comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: Not assigned.
    Title: Automatic Dependent Surveillance-Broadcast (ADS-B) Rebate
System.
    Form Numbers: Information is collected via a Web site specific to
the ADS-B Rebate program.
    Type of Review: New information collection.
    Background: On May 21, 2010, the FAA issued a final rule requiring
Automatic Dependence Surveillance-Broadcast (ADS-B) Out avionics on
aircraft operating in Classes A, B, and C airspace, as well as certain
other classes of airspace within the National Airspace System (NAS), no
later than January 1, 2020 (75 FR 30160). ADS-B Out equipage is a
critical step in achieving the benefits of NextGen, in that it
transforms aircraft surveillance with satellite-based precision. When
properly equipped with ADS-B, both pilots and controllers can, for the
first time, see the same real-time displays of air traffic, and pilots
will be able to receive air traffic services in places where it has not
been previously available.
    To meet this deadline for compliance, the FAA estimated that as
many as 160,000 general aviation aircraft would need to be equipped
with ADS-B by January 1, 2020. In developing the ADS-B Out final rule,
the FAA assumed that these aircraft owners would begin equipping new
aircraft with ADS-B equipment in 2012, and begin retrofitting the
existing aircraft in 2013, to minimize costs associated with
retrofitting outside of the aircraft's heavy maintenance cycle. In any
given year, avionics installers are capable of completing approximately
35,000-50,000 installations. In order to guarantee that general
aviation aircraft that will operate in ADS-B airspace are equipped by
January 1, 2020, approximately 23,000 aircraft would have needed to
equip each year beginning in early 2013. This would have ensured there
would be a balance between the expected demand for avionics
installations and the capacity of avionics installers. Owners of
general aviation aircraft who are particularly price sensitive are
postponing their installations. This trend demonstrates that there is a
near-term need to accelerate equipage, to ensure that pilots,
manufacturers, and retail facilities have adequate time and capacity to
equip aircraft by the January 1, 2020, compliance deadline. It is
necessary to take advantage of the installation capacity available now
in order to avoid back-end capacity constraints that could result in
some aircraft being unable to receive their upgrades ahead of the
compliance deadline, which will, in turn, lead to denial of access to
ADS-B airspace once the ADS-B equipage mandate is in effect. This
limited-time rebate will provide an incentive for early retrofitting,
but it is intended to emphasize the urgent need for pilots to comply
with ADS-B Out requirements ahead of 2020.
    Section 221 of the FAA Modernization and Reform Act of 2012
provided the FAA with the authority to establish an incentive program
for equipping general aviation and commercial aircraft with
communications, surveillance, navigation, and other avionics equipment.
Thus, the FAA is establishing an initiative (the ADS-B Rebate Program)
to addresses the rate of general aviation equipage by incentivizing
those aircraft owners who are affected by the ADS-B Out requirements
and are the most price sensitive to the cost of avionics and the
associated installation. The ADS-B Rebate Program will provide a one-
time

$500 rebate to an aircraft owner to defray some of the cost of an ADS-B
Out system meeting the program eligibility requirements. The rebates
will be available on a first come first served basis.
    The FAA, with input from industry partners (Aircraft Electronics
Association, Aircraft Owners and Pilots Association, and General
Aircraft Manufacturers Association), designed this rebate program
targeting specific eligibility requirements for avionics, aircraft
types, and aircraft owners. The eligibility requirements are as
follows:
    Eligible Avionics--Technical Standard Order (TSO)-certified Version
2 ADS-B Out system, purchased on or after June 8, 2016. Such equipment
must have a TSO marking for TSO-C154c, or TSO-C166b, or both. Eligible
ADS-B Out system equipment may have an embedded position source
compliant with one of the following TSOs: TSO-C-145c (or subsequent
versions), TSO-C146c (or subsequent versions), or may be connected to a
separate position source compliant with TSO-C-145c (or subsequent
versions) or TSO-C146c (or subsequent versions). Any separate position
source must comply with the guidance published in FAA Advisory Circular
(AC) 20-165B. ADS-B In/Out systems compliant with TSO-C154c, TSO-C166b,
or both, are also eligible.
    Eligible Aircraft--Only U.S.-registered, fixed-wing single-engine
piston aircraft first registered before January 1, 2016 are eligible
for the program. This eligibility will be determined via the FAA Civil
Aircraft Registry. Program eligibility also requires permanent
installation of new avionics equipment in a single aircraft in
compliance with applicable FAA regulations and guidance material.
    Aircraft Owner--Program eligibility is limited to one rebate per
aircraft owner. An aircraft owner means either a single individual
owner or any owning entity (any legal ownership entity including but
not limited to an LLC, corporation, partnership or joint venture)
identified as the owner of the eligible aircraft in the FAA Civil
Aviation Registry.
    Exclusions--All aircraft for which FAA has already paid or
previously committed to upgrade to meet the ADS-B Out mandate. Software
upgrades to existing equipment are not eligible. Aircraft that already
have a Version 2 ADS-B Out system prior to the launch of the data
collection system are not eligible. New aircraft produced after January
1, 2016, are not eligible.
    For reimbursement under this program, the FAA Civil Aircraft
Registry information regarding ownership is controlling and the rebate
program will be using the publically available database to determine
eligibility requirements based on the aircraft information. The
aircraft owner is responsible for ensuring that the FAA Civil Aircraft
Registry information is accurate before a claim for the rebate is
submitted; rebates will only be mailed to the registered owner and
address as indicated in the Civil Aircraft Registry.
    To request a rebate, the applicant must provide via the program Web
site a valid email address for official correspondence and
notifications and aircraft-specific information such as the aircraft
registration number, TSO-certified equipment purchased, and scheduled
installation date. Once the information is submitted, the FAA will
validate eligibility for the program with the official records
regarding aircraft ownership contained in the publically available
Civil Aircraft Registry. Additionally, anyone requesting a rebate will
need to accept legal notices electronically by acknowledging their
agreement and acceptance and providing the name of the person
submitting the information on the individual web application.
    Through the ADS-B Rebate Program, aircraft owners will be permitted
to reserve a rebate, validate their installation, and then claim their
rebate through the ADS-B Rebate Program Web site. The program steps and
timeline requirements are as follows:
    [1] Decide: The aircraft owner arranges for purchase and schedules
installation of TSO-certified avionics for an eligible aircraft.
    [2] Reserve: Before avionics installation occurs, the aircraft
owner must go to the ADS-B Rebate Program Web site to submit
information for a rebate reservation. Upon successful submission, the
system will generate an email with a Rebate Reservation Code. During
the rebate reservation process, the eligible aircraft's information is
validated against the FAA Civil Aircraft Registry, including ownership
information. If there are discrepancies, the aircraft owner may
continue with the reservation process; but before a valid Incentive
Code can be obtained in step [5], the aircraft owner must ensure that
the FAA Civil Aircraft Registry data for their eligible aircraft is
corrected.
    [3] Install: TSO-certified ADS-B avionics are installed in the
eligible aircraft.
    [4] Fly & Validate: Only after the prior steps are completed, the
eligible aircraft must be flown in the airspace defined in 14 CFR
91.225 for at least 30 minutes, with at least 10 aggregate minutes of
maneuvering flight, per the guidance in AC 20-165B http://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.information/documentID/1028666, sections 4.3.2 and <IP_ADDRESS>-
<IP_ADDRESS> for Part 23 aircraft. After flight, the ADS-B data is used to
generate a Public Compliance Report (PCR) and General Aviation
Incentive Requirements Status (GAIRS) Report, which is how the
performance of the eligible aircraft's ADS-B installation is validated.
Note that it may be necessary to repeat this step more than once, until
the GAIRS Report indicates PASS for all fields and provides an
Incentive Code in the Rebate Status section. Once proper installation
and operation of the ADS-B is validated the FAA will notify the
applicant using the email address provided at the time of rebate
request.
    [5] Claim: Within 60 days of the scheduled installation date, the
aircraft owner gathers their Rebate Reservation Code (from step [2])
and their Incentive Code (from step [4]) and submits this information
as well as their name and aircraft number via the ADS-B Rebate Program
Web site to complete the claim for their rebate.
    The FAA is seeking comments from the public regarding the
information we collect for the program and how we collect it. The
information provided in this notice is solely to identify and collect
information from the public on the potential burden to an individual
that would result from this program.
    Respondents: Approximately 20,000 rebates.
    Frequency: Information is collected only during the times the user
is submitting their reservation and claiming their rebate after proof
of meeting the eligibility requirements.
    Estimated Average Burden per Response: Approximately 6 minutes.
    Estimated Total Annual Burden: Approximately 2,000 hours.

    Issued in Washington, DC, on June 1, 2016.
Ronda Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2016-13307 Filed 6-6-16; 4:15 pm]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Page 62198]
[FR Doc No: 2016-21641]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78758; File no. SR-NYSEArca-2016-67]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Withdrawal of a Proposed Rule Change To List and Trade Shares of the
Natixis Seeyond International Minimum Volatility ETF Under NYSE Arca
Equities Rule 8.600

September 2, 2016.
    On May 5, 2016, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares (``Shares'') of the Natixis Seeyond International
Minimum Volatility ETF (``Fund'') under NYSE Arca Equities Rule 8.600.
The proposed rule change was published for comment in the Federal
Register on May 25, 2016.\3\ On June 13, 2016, the Exchange filed
Amendment No. 1 to the proposed rule change, which replaced and
superseded its entirety the proposed rule change as originally
filed.\4\ On June 22, 2016, the Exchange filed Amendment No. 2 to the
proposed rule change.\5\ On July 1, 2016, the Exchange filed Amendment
No. 3 to the proposed rule change, which replaced and superseded the
proposed rule change as modified by Amendments No. 1 and No. 2.\6\ The
Commission has received no comments on the proposed rule change. On
June 30, 2016, pursuant to Section 19(b)(2) of the Act,\7\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\8\ On August 22, 2016, pursuant to Section 19(b)(2)(B) of the
Act \9\, the Commission instituted proceedings to determine whether to
approve or disapprove the proposed rule change, as modified by
Amendment No. 3.\10\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77861 (May 19,
2016), 81 FR 33291.
    \4\ In Amendment No. 1, the Exchange: (1) Narrows the universe
of investments that may be held by the Fund; (2) offers color
regarding types of corporate bonds of foreign issuers that the Fund
would ordinarily hold; (3) clarifies potentially ambiguous language
in the filing.
    \5\ In Amendment No. 2, the Exchange proposes standards for the
corporate bonds of foreign issuers that may be held by the Fund and
clarifies how spot foreign currency transactions would be priced for
purposes of calculating the net asset value of the Fund.
    \6\ In Amendment No. 3, the Exchange revises the standards for
the Fund's investment in non-U.S. equity securities. Amendments No.
1, No. 2, and No. 3 are available at: http://www.sec.gov/comments/sr-nysearca-2016-67/nysearca201667.shtml.
    \7\ 15 U.S.C. 78s(b)(2).
    \8\ See Securities Exchange Act Release No. 78204, 81 FR 44393
(July 7, 2016). The Commission designated a longer period within
which to take action on the proposed rule change and designated
August 23, 2016, as the date by which it should approve, disapprove,
or institute proceedings to determine whether to disapprove the
proposed rule change.
    \9\ 15 U.S.C. 78s(b)(2)(B).
    \10\ See Securities Exchange Act Release No. 78627, 81 FR 59002
(August 26, 2016).
---------------------------------------------------------------------------

    On August 31, 2016, the Exchange withdrew the proposed rule change
(SR-NYSEArca-2016-67).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2016-21641 Filed 9-7-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 21, 2006 (Volume 71, Number 54)]
[Notices]
[Page 14257-14258]
[DOCID:fr21mr06-125]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange

Commission will hold the following meeting during the week of March 20,
2006:
    A Closed Meeting will be held on Thursday, March 23, 2006 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10) permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Glassman, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
March 23, 2006 will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature; and
    Formal orders of investigation.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: March 16, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. 06-2765 Filed 3-17-06; 11:06 am]

BILLING CODE 8010-01-M