[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57730-57732]
[FR Doc No: 2018-25071]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2017-M-6970, FDA-2017-M-6971, FDA-2017-M-6983, FDA-
2017-M-6984, FDA-2017-M-7004, FDA-2018-M-0411, FDA-2018-M-0528, FDA-
2018-M-0620, FDA-2018-M-0736, FDA-2018-M-0737, FDA-2018-M-00-0738, FDA-
2018-M-0792, FDA-2018-M-1371, FDA-2018-M-1215, FDA-2018-M-1237, FDA-
2018-M-1372, FDA-2018-M-1446, FDA-2018-M-1447, FDA-2018-M-1580, FDA-
2018-M-1581, FDA-2018-M-1634, FDA-2018-M-1727, FDA-2018-M-1791, FDA-
2018-M-1753, FDA-2018-M-1970, FDA-2018-M-2118, FDA-2018-M-2119, FDA-
2018-M-2237, FDA-2018-M-2269, FDA-2018-M-2335, FDA-2018-M-2460, FDA-
2018-M-2461, FDA-2018-M-2462, FDA-2018-M-2463, FDA-2018-M-2571, FDA-
2018-M-2883, FDA-2018-M-2884, FDA-2018-M-2885, FDA-2018-M-2886, FDA-
2018-M-2887, FDA-2018-M-2983, FDA-2018-M-3131, FDA-2018-M-3153, FDA-
2018-M-3212, FDA-2018-M-3503, FDA-2018-M-3505, and FDA-2018-M-3548]

Medical Devices; Availability of Safety and Effectiveness
Summaries for Premarket Approval Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
premarket approval applications (PMAs) and humanitarian device
exemption applications (HDEs), that have been approved. This list is
intended to inform the public of the availability of safety and
effectiveness summaries of approved PMAs through the internet and the
Agency's Dockets Management Staff.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2017-M-6970, FDA-2017-M-6971, FDA-2017-M-6983, FDA-2017-M-6984,
FDA-2017-M-7004, FDA-2018-M-0411, FDA-2018-M-0528, FDA-2018-M-0620,
FDA-2018-M-0736, FDA-2018-M-0737, FDA-2018-M-00-0738, FDA-2018-M-0792,
FDA-2018-M-1371, FDA-2018-M-1215, FDA-2018-M-1237, FDA-2018-M-1372,
FDA-2018-M-1446, FDA-2018-M-1447, FDA-2018-M-1580, FDA-2018-M-1581,
FDA-2018-M-1634, FDA-2018-M-1727, FDA-2018-M-1791, FDA-2018-M-1753,
FDA-2018-M-1970, FDA-2018-M-2118, FDA-2018-M-2119, FDA-2018-M-2237,
FDA-2018-M-2269, FDA-2018-M-2335, FDA-2018-M-2460, FDA-2018-M-2461,
FDA-2018-M-2462, FDA-2018-M-2463, FDA-2018-M-2571, FDA-2018-M-2883,
FDA-2018-M-2884, FDA-2018-M-2885, FDA-2018-M-2886, FDA-2018-M-2887,
FDA-2018-M-2983, FDA-2018-M-3131, FDA-2018-M-3153, FDA-2018-M-3212,
FDA-2018-M-3503, FDA-2018-M-3505, and FDA-2018-M-3548 for ``Medical
Devices; Availability of Safety and Effectiveness Summaries for
Premarket Approval Applications.'' Received comments will be placed in
the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf .

    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Joshua Nipper, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1650, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with section 515(d)(4) and (e)(2) of the Federal
Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360e(d)(4) and
(e)(2)), notification of an order approving, denying, or withdrawing
approval of a PMA will continue to include a notice of opportunity to
request review of the order under section 515(g) of the FD&C Act. The
30-day period for requesting reconsideration of an FDA action under
Sec.  10.33(b) (21 CFR 10.33(b)) for notices announcing approval of a
PMA begins on the day the notice is placed on the internet. Section
10.33(b) provides that FDA may, for good cause, extend this 30-day
period. Reconsideration of a denial or withdrawal of approval of a PMA
may be sought only by the applicant; in these cases, the 30-day period
will begin when the applicant is notified by FDA in writing of its
decision.
    The regulations provide that FDA publish a list of available safety
and effectiveness summaries of PMA approvals and denials that were
announced during that quarter. The following is a list of approved PMAs
for which summaries of safety and effectiveness were placed on the
internet from January 1, 2018, through September 18, 2018. There were
no denial actions during this period. The list provides the
manufacturer's name, the product's generic name or the trade name, and
the approval date.

  Table 1--List of Safety and Effectiveness Summaries for Approved PMAs and Safety and Probable Benefit Summaries for Approved HDEs Made Available From
                                                       January 1, 2018, Through September 18, 2018
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              PMA No., Docket No.                                     Applicant                                    Trade name              Approval date
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P150005/S014, FDA-2017-M-6970.................  Boston Scientific....................................  Blazer[supreg] Open-Irrigated          12/21/2017
                                                                                Ablation Catheter and
                                                                                IntellaNavTM Open-Irrigated
                                                                                Ablation Catheter.
P100030/S008, FDA-2017-M-6971.................  Mallinckrodt Pharma IP Trading DAC...................  PREVELEAK Surgical Sealant.......      12/21/2017
P160012, FDA-2017-M-6983......................  Physio-Control, Inc..................................  LIFEPAK CR[supreg] Plus                12/21/2017
                                                                                Defibrillator, LIFEPAK
                                                                                EXPRESS[supreg] Defibrillator
                                                                                and CHARGE-PAK[supreg] Battery
                                                                                Charger.
P140032, FDA-2017-M-6984......................  Medtronic, Inc.......................................  Implantable System for                 12/22/2017
                                                                                Remodulin[supreg].
P160022, FDA-2017-M-7004......................  ZOLL Medical Corp....................................  X Series[supreg], R                    12/27/2017
                                                                                Series[supreg], AED Pro[supreg],
                                                                                and AED 3TM BLS[supreg]
                                                                                Professional Defibrillators, Pro-
                                                                                Padz Radiotransparent Electrode,
                                                                                SurePowerTM Battery Pack,
                                                                                SurePower IITM Battery Pack, AED
                                                                                Pro[supreg] Non-Rechargeable
                                                                                Lithium Battery Pack, AED 3TM
                                                                                Battery Pack, SurePowerTM
                                                                                Charger, and SurePowerTM Single
                                                                                Bay Charger.
P170025, FDA-2018-M-0411......................  Hologic, Inc.........................................  Aptima[supreg] HBV Quant Assay...       1/23/2018
P160032, FDA-2018-M-0528......................  Defibtech, LLC.......................................  Lifeline/ReviveR DDU-100,                2/1/2018
                                                                                Lifeline/ReviveR AUTO DDU-120,
                                                                                Lifeline/ReviveR VIEW DDU-2300,
                                                                                Lifeline/ReviveR VIEW AUTO DDU-
                                                                                2200, Lifeline/ReviveR ECG DDU-
                                                                                2450, and Lifeline/ReviveR ECG+
                                                                                DDU-2475 Automated External
                                                                                Defibrillators.
P140003/S018, FDA-2018-M-0620.................  Abiomed, Inc.........................................  Impella Ventricular Support              2/7/2018
                                                                                Systems.
P160037, FDA-2018-M-0736......................  Becton, Dickinson and Co.............................  BD Onclarity HPV Assay...........       2/12/2018
P150001/S021, FDA-2018-M-0737.................  Medtronic MiniMed, Inc...............................  MiniMed 630G System..............       2/13/2018
P160017/S017, FDA-2018-M-0738.................  Medtronic MiniMed, Inc...............................  MiniMed 670G System..............       2/13/2018
P960043/S097, FDA-2018-M-0792.................  Abbott Vascular......................................  Perclose ProGlide[supreg] Suture-       2/16/2018
                                                                                Mediated Closure System.
P160007, FDA-2018-M-1371......................  Medtronic MiniMed, Inc...............................  Guardian Connect System..........        3/8/2018
H170002, FDA-2018-M-1215......................  Kaneka Pharma America LLC............................  LIPOSORBER[supreg] LA-15 System..       3/20/2018
P160013, FDA-2018-M-1237......................  TransMedics, Inc.....................................  Organ Care System (OCSTM) Lung          3/22/2018
                                                                                System.
P050006/S060, FDA-2018-M-1372.................  W.L. Gore & Associates, Inc..........................  GORE[supreg] CARDIOFORM Septal          3/30/2018
                                                                                Occluder.
P160018/S001, FDA-2018-M-1446.................  Foundation Medicine, Inc.............................  FoundationFocusTM CDx BRCA LOH...        4/6/2018
P150009, FDA-2018-M-1447......................  Angel Medical Systems, Inc...........................  AngelMed Guardian System.........        4/9/2018
P160052, FDA-2018-M-1581......................  Parsagen Diagnostics, Inc............................  PartoSure Test...................       4/11/2018
P950039/S036, FDA-2018-M-1580.................  Hologic, Inc.........................................  ThinPrep Integrated Imager.......       4/18/2018
P140010/S037, FDA-2018-M-1634.................  Medtronic Vascular, Inc..............................  IN.PACTTM AdmiralTM Paclitaxel-         4/19/2018
                                                                                Coated Percutaneous Transluminal
                                                                                Angioplasty (PTA) Balloon
                                                                                Catheter.
P960009/S219, FDA-2018-M-1727.................  Medtronic, Inc.......................................  Medtronic DBS System for Epilepsy       4/27/2018
P170035, FDA-2018-M-1791......................  Bausch + Lomb, Inc...................................  Bausch + Lomb ULTRA (samfilcon A)       4/30/2018
                                                                                Contact Lenses.
P170016, FDA-2018-M-1753......................  Teva Pharmaceuticals USA, Inc........................  SYNOJOYNTTM......................        5/8/2018
P040024/S099, FDA-2018-M-1970.................  Galderma Laboratories, LP............................  Restylane[supreg] Lyft with             5/18/2018
                                                                                Lidocaine.
P170013, FDA-2018-M-2118......................  MicroVention, Inc....................................  Low-Profile Visualized                  5/30/2018
                                                                                Intraluminal Support (LVIS) and
                                                                                LVIS Jr.
P170039, FDA-2018-M-2119......................  Clinical Research Consultants, Inc...................  CustomFlexTM Artificial Iris.....       5/30/2018
P910056/S027, FDA-2018-M-2237.................  Bausch + Lomb, Inc...................................  enVista[supreg] One-Piece                6/8/2018
                                                                                Hydrophobic Acrylic Toric
                                                                                Intraocular Lens (Model MX60T).
P150013/S009, FDA-2018-M-2269.................  Dako North America, Inc..............................  PD-L1 IHC 22C3 pharmDx...........       6/12/2018
P100006/S005, FDA-2018-M-2335.................  BioMimetic Therapeutics, LLC.........................  AUGMENT[supreg] Injectable.......       6/12/2018
P170043, FDA-2018-M-2460......................  Glaukos Corp.........................................  iStent inject Trabecular Micro-         6/21/2018
                                                                                Bypass System (Model G2-M-IS).

P160017/S031, FDA-2018-M-2461.................  Medtronic MiniMed, Inc...............................  MiniMed 670G System..............       6/21/2018
P160048, FDA-2018-M-2463......................  Senseonics, Inc......................................  Eversense Continuous Glucose            6/21/2018
                                                                                Monitoring System.
P180008, FDA-2018-M-2462......................  Tandem Diabetes Care, Inc............................  t:slim X2 Insulin Pump with Basal-      6/21/2018
                                                                                IQ Technology.
P180002, FDA-2018-M-2571......................  Pulmonx Corp.........................................  Zephyr[supreg] Endobronchial            6/29/2018
                                                                                Valve System.
P160026, FDA-2018-M-2883......................  Physio-Control, Inc..................................  LIFEPAK[supreg] 1000                     7/2/2018
                                                                                Defibrillator, LIFEPAK[supreg]
                                                                                1000 Defibrillator Lithium-Ion
                                                                                Rechargeable Battery,
                                                                                LIFEPAK[supreg] 1000
                                                                                Defibrillator Non-Rechargeable
                                                                                Battery, LIFEPAK[supreg] 20
                                                                                Defibrillator/Monitor
                                                                                (Refurbished), LIFEPAK[supreg]
                                                                                20e Defibrillator/Monitor,
                                                                                LIFEPAK[supreg] 15 Monitor/
                                                                                Defibrillator, LIFEPAK[supreg]
                                                                                Lithium-ion Rechargeable Battery
                                                                                (for use with the
                                                                                LIFEPAK[supreg] 15 Monitor/
                                                                                Defibrillator).
P170024, FDA-2018-M-2884......................  Stryker Neurovascular................................  Surpass Streamline Flow Diverter.       7/13/2018
P170041, FDA-2018-M-2885......................  Abbott Molecular, Inc................................  Abbott RealTime IDH1.............       7/20/2018
P160030/S017, FDA-2018-M-2886.................  Abbott Diabetes Care Inc.............................  FreeStyle Libre 14 Day Flash            7/23/2018
                                                                                Glucose Monitoring System.
P160053, FDA-2018-M-2887......................  Endomagnetics Ltd....................................  MagtraceTM and Sentimag[supreg]         7/24/2018
                                                                                Magnetic Localization System.
P170042, FDA-2018-M-2983......................  C.R. Bard, Inc.......................................  COVERATM Vascular Covered Stent..       7/30/2018
P150048/S012, FDA-2018-M-3131.................  Edwards Lifesciences LLC.............................  Edwards Pericardial Mitral               8/9/2018
                                                                                Bioprosthesis, Model 11000M.
P170034, FDA-2018-M-3153......................  Ivantis, Inc.........................................  Hydrus[supreg] Microstent........       8/10/2018
P150013/S011, FDA-2018-M-3212.................  Dako North America, Inc..............................  PD-L1 IHC 22C3 pharmDx...........       8/16/2018
P030016/S001, FDA-2018-M-3503.................  STAAR Surgical Co....................................  Visian[supreg] TORIC ICL                9/13/2018
                                                                                (Implantable Collamer[supreg]
                                                                                Lens).
H170004, FDA-2018-M-3505......................  BIOTRONIK, Inc.......................................  PK Papyrus Covered Coronary Stent       9/14/2018
                                                                                System.
P180011, FDA-2018-M-3548......................  Boston Scientific Corp...............................  ELUVIATM Drug-Eluting Vascular          9/18/2018
                                                                                Stent System.
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II. Electronic Access

    Persons with access to the internet may obtain the documents at
https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/DeviceApprovalsandClearances/PMAApprovals/default.htm.

    Dated: November 13, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-25071 Filed 11-15-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: July 9, 2009 (Volume 74, Number 130)]
[Notices]
[Page 32905]
[DOCID:fr09jy09-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-439-000]

National Fuel Gas Supply Corporation; Notice of Application

June 29, 2009.
    Take notice that on June 24, 2009, National Fuel Gas Supply
Corporation (National Fuel) 6363 Main Street, Williamsville, New York
14221, filed an application in Docket No. CP09-439-000 pursuant to
section 7(c) of the Natural Gas Act and Part 157 of the Commission's
Regulations, for a certificate of public convenience and necessity.
National Fuel seeks the necessary authorization to refunctionalize from
gathering to transmission Lines K-197 and R-49 in Jefferson, Forest and
Elk Counties, Pennsylvania; and to refunctionalize from transmission to
gathering approximately 2 miles of its Line YM-2 in McKean County,
Pennsylvania.
    Copies of this filing are available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to
David W. Reitz, Deputy General Counsel for National Fuel, 6363 Main
Street, Williamsville, New York 14221, or call at<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, before the
comment date of this notice, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents Docket No.
CP09-439-000 filed by the applicant and by all other parties. A party
must submit 14 copies of filings made with the Commission and must mail
a copy to the applicant and to every other party in the proceeding.
Only parties to the proceeding can ask for court review of Commission
orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest. Comments, protests and interventions may be
filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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>.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link. Persons unable
to file electronically should submit an original and 14 copies of the
protest or intervention to the Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426.
    Comment Date: 5 p.m. Eastern Time on July 20, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16157 Filed 7-8-09; 8:45 am]


[Federal Register: February 14, 2006 (Volume 71, Number 30)]
[Notices]
[Page 7817-7820]
[DOCID:fr14fe06-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53234; File No. SR-Amex-2006-009]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to ``All or None'' Orders

February 6, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 2, 2006, the American Stock Exchange LLC (``Amex'' or
``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 Amex. On February 3,
2006, the Exchange submitted Amendment No. 1 to the proposed rule
change.\3\ The Exchange filed the proposed rule change, as amended, as
a ``non-controversial'' rule change under Rule 19b-4(f)(6) under the
Act,\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, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Partial Amendment No. 1 (``Amendment No. 1'') corrects an
error in the heading of Exhibit 5 of Form 19b-4.
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Amex proposes to eliminate the ``all or none'' (``AON'') order
type.\5\ The text of the proposed rule change, as amended, is below.
Proposed new language is in italics. Proposed deletions are in
[brackets].
---------------------------------------------------------------------------

    \5\ The Exchange is proposing to eliminate the AON order type
for equities (including Exchange Traded funds, Trust Issued Receipts
and other equity traded products), options, and bonds.
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Rule 118. Trading in Nasdaq National Market Securities

    (a)-(p) No change.
    (q) An institutional order is a limit order for a Nasdaq National
Market Security of 10,000 shares or more transmitted to the order book
electronically which is to be executed automatically in full at one
price. If it is not executed automatically in full at one price, it is
to be routed to the specialist for execution and may be partially
executed. [Unlike an all or none order, a]An institutional order has
standing on the limit order book. An institutional order may not be
entered for the proprietary account of a broker-dealer.

Rule 122. Bids or Offers for More Than Unit of Trading

    Bids or offers for more than one unit of trading shall be deemed to
be for the amount thereof or a smaller number of units[, except that
bids or offers may be made and executed ``all or none'' if all of the
following conditions are met:
    Bids or offers, ``all or none''
    (1) The securities bid for or offered are bonds;
    (2) The amount bid for or offered equals or exceeds $25,000 of par
value;
    (3) The bid or offer is executed at a price higher than the best
bid price and lower than the best offer price, ``regular way,'' at the
time of execution].

Rule 124. Types of Bids and Offers

    (a)-(f) No change.

[``All or none''
    (g) ``All or none,'' i.e., that the bid or offer is for an amount
of securities equal to the total amount of securities bid for or
offered and no less; provided, however, that such condition may be
specified only in accordance with the provisions of Rule 122.]

Rule 128A. Automatic Execution

    (a) No change.
    (b) Definitions:
    Amex Published Quote (``APQ'')--Specialist/Registered Trader
Quantity--No change.
    Available Book Quantity: The Available Book Quantity is the number
of shares on the order book at the APQ plus additional orders on the
book that can be executed at or within the APQ minus shares on the book
priced at or within the APQ that cannot be executed by their terms
(e.g., [all or none orders and ]tick sensitive orders).
    Trade Threshold--Maximum Spread Value--No change.
    (c)-(i) No change.
    (j) Auto-Ex Unavailability. Auto-Ex will be unavailable in the
following situations.
    (i)-(vii) No change.
    (viii) Auto-Ex will not occur with respect to an incoming Auto-Ex
Eligible [All Or None or] Institutional Order in the event that there
is insufficient size to execute the order in full at one price.
    (ix)-(xi) No change.
    (xii) [Auto-Ex will not occur if it would cause a trade to occur
through the price of an all or none order on the book.
    (xiii)] Auto-Ex will not occur if there are orders on both sides of
the market when the order book comes out of a Freeze condition to allow
the specialist to pair-off the orders.
    (xiii) [(xiv)] Auto-Ex will not occur if the spread exceeds the
Maximum Spread Value.
    Auto-Ex Eligible Orders that are not automatically executed will be
routed to the specialist for handling.
* * * * *

Rule 131. Types of Orders

    (a)-(b) No change.

[All or none order
    (c) An all or none order is a market or limited price order which
is to be executed in its entirety or not at all, but, unlike a fill or
kill order, is not to be treated as cancelled if not executed as soon
as it is represented in the Trading Crowd. The making of ``all or
none'' bids or offers in stocks is prohibited, and the making of ``all
or none'' bids or offers in bonds is subject to the restrictions of
Rule 122.]
    (d)-(t) No change.
* * * * *

Rule 904. Position Limits

    (a)-(b) No change.

* * * Commentary

    .01-.09 No change.
    .10 No change.
    (a)-(b) No change.
    (c) The facilitation firm shall comply with the following
provisions regarding the execution of its customer's order and its own
facilitating order:
    (1) Neither the customer order nor the facilitation order may be
contingent on [``all or none'' or] ``fill or kill'' instructions;
    (2) The orders may not be executed until Rule 950(d) procedures
have been satisfied and all market participants have been given a
reasonable time to participate in the order.
* * * * *
    .11 No change.

Rule 904C. Position Limits

    (a)-(d) No change.

* * * Commentary

    .01 No change.
    .02 No change.
    (a)-(b) No change.
    (c) The facilitation firm shall comply with the following
provisions regarding the execution of its customer's order and its own
facilitating order:
    (1) Neither the customer order nor the facilitation order may be
contingent on [``all or none'' or] ``fill or kill'' instructions;
    (2) The orders may not be executed until Rule 950(d) procedures
have been satisfied and all market participants have been given a
reasonable time to participate in the order;
* * * * *

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, as
amended, and discussed any comments it received on the proposed rule
change, as amended. The text of these statements

may be examined at the places specified in Item IV below. The 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, Proposed Rule Change

1. Purpose
    The Exchange proposes the elimination of the AON order type. The
Amex states that, Exchange Rule 131(c) defines an AON order as a market
or limited price order which is to be executed in its entirety or not
at all, but, unlike a ``fill or kill'' \6\ order, is not to be treated
as cancelled if not executed as soon as it is represented in the
Trading Crowd.
---------------------------------------------------------------------------

    \6\ The Exchange states that, Amex Rule 131(i) defines a ``fill
or kill'' order as a market or limited price order which is to be
executed in its entirety as soon as it is represented in the Trading
Crowd, and such order, if not so executed, is to be treated as
cancelled. The Amex states that, for purposes of this definition, a
``stop'' is considered an execution. The Amex states, that a fill or
kill order for securities other than options sent to the order book
electronically and not executed by Auto-Ex would be cancelled
immediately.
---------------------------------------------------------------------------

    The Amex believes that, AON orders are unnecessary and should be
eliminated because: (i) AON orders are infrequently used and represent
a very small percentage of order flow; (ii) the resources and
programming effort necessary to support AON orders cannot be justified;
(iii) the availability of ``immediate or cancel'' \7\ and ``fill or
kill'' orders provide a better substitute for customers seeking similar
types of executions; and (iv) AON orders cannot be represented in the
Amex's published best bid/offer due to the conditional nature of the
order's execution.
---------------------------------------------------------------------------

    \7\ The Exchange states that, Amex Rule 131(k) defines an
``immediate or cancel'' order as a market or limited price order
which is to be executed in whole or in part as soon as such order is
represented in the Trading Crowd, and the portion not so executed is
to be treated as cancelled. The Amex states that, for the purposes
of this definition, a ``stop'' is considered an execution. The Amex
states that, in the case of an immediate or cancel order for
securities other than options sent to the order book electronically,
any portion not executed by Auto-Ex would be cancelled
automatically.
---------------------------------------------------------------------------

    In support of the infrequent use of AON orders, Amex states that,
an analysis of all AON equity orders on the Exchange for the months of
November 2005 and December 2005 revealed that AON orders are
infrequently used and represent a very small percentage of equity order
flow. The Exchange notes that out of 7,854,438 and 8,736,624 orders
entered on the Exchange during November 2005 and December 2005,
respectively, only 53,405, or 0.68% and 54,607, or 0.63%, respectively,
were AON orders. In addition, approximately 70.1% and 72.1% of these
AON orders that were entered during the respective months of November
and December were cancelled.
    The Amex states that, similarly, an analysis of all AON options
orders on the Exchange for the months of November 2005 and December
2005 also revealed that AON orders are infrequently used and represent
a very small percentage of options order flow. The Exchange notes that
out of 1,093,173 and 996,564 orders entered on the Exchange during
November 2005 and December 2005, respectively, only 6,857, or 0.63% and
4,278 or 0.43%, respectively, were AON orders. In addition,
approximately 26.6% and 28.3% of these AON orders that were entered
during the respective months of November and December were cancelled.
    Additionally, Amex notes that the New York Stock Exchange (the
``NYSE'') filed a proposal with the Commission in July 2005 to
eliminate the AON order type citing similar reasons.\8\ The Exchange
believes that the AON order type should be eliminated, and accordingly,
all references to AON orders should be eliminated from relevant Amex
rules.
---------------------------------------------------------------------------

    \8\ Securities Exchange Act Release No. 52154 (July 28, 2005),
70 FR 44966 (August 4, 2005) (order approving file No. SR-NYSE-2005-
51).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal, as amended, is consistent
with section 6(b) of the Act \9\ in general, and furthers the
objectives of section 6(b)(5) of the Act \10\ 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 regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and national market
system and, in general, to protect investors and the public interest;
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers, or to regulate by virtue of any authority
conferred by the Act matters not related to the purpose of the Act or
the administration of the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change, as
amended, will impose any inappropriate burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.

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

    The Exchange states that, no written comments were solicited or
received with respect to the proposed rule change, as amended.

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

    Because the proposed rule change, as amended, 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 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, as
amended, has become effective pursuant to section 19(b)(3)(A) of the
Act \11\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\13\
However, Rule 19b-4(f)(6)(iii)\14\ 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 satisfied the five-
day filing requirement. In addition, the Exchange has requested that
the Commission waive the 30-day pre-operative delay and designate the
proposed rule change, as amended, to become upon filing. The Commission
believes that waiving the 30-day pre-operative delay is consistent with
the protection of investors and the public interest because it would
allow the Exchange to expeditiously eliminate an infrequently used
order type, which may increase the efficiency of the Exchange. The
Commission also notes that this proposed rule change, as amended, is
similar to SR-NYSE-2005-51.\15\ For the reasons stated above, the
Commission designates the proposal, as amended, to become effective and
operative immediately.\16\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ Id.
    \15\ See supra, note 8.
    \16\ For purposes only of accelerating the operative date of
this proposal, the Commission has considered the impact of the
proposed rule on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).

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

    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 the furtherance of the purposes of the Act.\17\
---------------------------------------------------------------------------

    \17\ The effective date of the original proposed rule change is
February 2, 2006, and the effective date of Amendment No. 1 is
February 3, 2006. For purposes of calculating the 60-day period
within which the Commission may summarily abrogate the proposed rule
change, as amended, the Commission considers the period to commence
on February 3, 2006, the date on which the Exchange submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-2006-009 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Amex-2006-009. 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 Section, 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 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-2006-009 and should be
submitted on or before March 7, 2006.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E6-2011 Filed 2-13-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2641-2642]
[FR Doc No: 2023-00676]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]

Eurofins Electrical and Electronic Testing NA, Inc. a/k/a MET
Laboratories, Inc.: Grant of Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for Eurofins Electronic Testing NA, Inc. a/k/a
MET Laboratories, Inc., as a Nationally Recognized Testing Laboratory
(NRTL).

DATES: The expansion of the scope of recognition becomes effective on
January 17, 2023.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications; telephone:<PHONE_NUMBER>; email:
[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration; telephone:<PHONE_NUMBER>; email:
[email protected]. OSHA's web page includes information about the
NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of Eurofins Electrical and Electronic Testing NA, Inc. a/k/
a MET Laboratories, Inc. (MET), as a NRTL. MET's expansion covers the
addition of two test standards to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an

acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding, and in the second
notice, the agency provides the final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details the scope of recognition. These pages are
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    MET submitted an application, dated September 3, 2021 (OSHA-2006-
0028-0092), to expand the recognition to include two additional test
standards. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to the application.
    OSHA published the preliminary notice announcing MET's expansion
application in the Federal Register on November 23, 2022 (87 FR 71684).
The agency requested comments by December 8, 2022, but it received no
comments in response to this notice. OSHA now is proceeding with this
final notice to grant expansion of MET's scope of recognition.
    To obtain or review copies of all public documents pertaining to
MET's application, go to http://www.regulations.gov or contact the OSHA
Docket Office. Docket No. OSHA-2006-0028 contains all materials in the
record concerning MET's recognition. Please note: Due to the COVID-19
pandemic, the Docket Office is closed to the public at this time but
can be contacted at<PHONE_NUMBER> (TTY ((877) 889-5627).

II. Final Decision and Order

    OSHA staff examined MET's expansion application, the capability to
meet the requirements of the test standard, and other pertinent
information. Based on the review of this evidence, OSHA finds that MET
meets the requirements of 29 CFR 1910.7 for expansion of the NRTL scope
of recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant MET's
scope of recognition. OSHA limits the expansion of MET's recognition to
testing and certification of products for demonstration of conformance
to the test standards listed in Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in MET's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
        Test Standard                     Test standard title
------------------------------------------------------------------------
UL 698A......................  Standard for Industrial Control Panels
                                Related to Hazardous (Classified)
                                Locations
UL 60079-31..................  Standard for Safety Explosive
                                Atmospheres--Part 31: Equipment Dust
                                Ignition Protection by Enclosure ``t''
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, the use of the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 01-00-
004, Chapter 2, Section VIII), only standards determined to be
appropriate test standards may be approved for NRTL recognition. Any
NRTL recognized for a particular test standard may use either the
proprietary version of the test standard or the ANSI version of that
standard. Contact ANSI to determine whether a test standard is
currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
MET must abide by the following conditions of the recognition:
    1. MET must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in their operations as a NRTL, and provide details of the
change(s);
    2. MET must meet all the terms of the NRTL recognition and comply
with all OSHA policies pertaining to this recognition; and
    3. MET must continue to meet the requirements for recognition,
including all previously published conditions on MET's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of MET, subject to the limitations and conditions
specified above.

III. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020)), and 29 CFR 1910.7.

    Signed at Washington, DC, on January 10, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-00676 Filed 1-13-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: June 6, 2007 (Volume 72, Number 108)]
[Notices]
[Page 31358-31359]
[DOCID:fr06jn07-133]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55833; File No. SR-ISE-2007-28]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change and Amendment No. 1 Thereto Relating to the Expiration of an ISE
Stock Exchange Fee Waiver and the Granting of a Fee Waiver for Certain
Other Transactions

May 31, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 1, 2007, the International Securities Exchange, LLC (``ISE'' 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 substantially prepared by the
Exchange. On May 29, 2007, the ISE filed Amendment No. 1 to the
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, 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 ISE is proposing to amend its Schedule of Fees to reflect the
expiration of a fee waiver related to all transactions executed on the
ISE Stock Exchange (``ISE Stock'') and to allow for a waiver of certain
transactions executed on ISE Stock. The text of the proposed rule
change is available at http://www.iseoptions.com and 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 purpose of this proposed rule change is to amend the Schedule
of Fees to reflect the expiration of a fee waiver related to all
MidPoint Match (``MPM'') transactions executed on ISE Stock, a facility
of the Exchange, and to allow for a waiver of certain other MPM
transactions executed on ISE Stock. The Exchange currently waives all
execution fees for MPM transactions in an effort to promote trading on
ISE Stock. The Exchange currently waives all execution fees in an
effort to promote trading on ISE Stock.\3\ The fee waiver is scheduled
to expire on May 1, 2007.\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 54561 (October 2,
2006), 71 FR 59844 (October 11, 2006).
    \4\ See Securities Exchange Act Release No. 55560 (March 29,
2007), 72 FR 16837 (April 5, 2007).
---------------------------------------------------------------------------

    The Exchange proposes to waive the transaction fee applicable to
executions in MPM when the same firm enters a MPM buy order which
executes against that same firm's MPM sell order. However, the Exchange
represents that, due to the configuration of session lines carrying
orders for multiple firms, it is not always possible for the Exchange
to determine who the originating firm is that entered the order.
Accordingly, for a firm to avail itself of this waiver, the firm must
ensure that the MPM order sent by it, or on its behalf, is marked with
the firm's identifier or is uniquely identified by submission on a
dedicated session. A firm may contact the Exchange to set up its own
dedicated session line, whereby all MPM orders sent by it will be
identified as that member's order and will be afforded the waiver
anytime one of its MPM buy orders executes against one of its own MPM
sell orders. Alternatively, a firm may contact a service bureau that is
connected to ISE to have the service bureau allocate a session line
solely for that firm's orders, i.e., creating a dedicated session line
for that firm. In those situations where one firm submits MPM orders to
the Exchange over different session lines, the Exchange represents that
so long as the firm is identifiable as the originating firm on both
sides of the MPM execution, the firm will be afforded the waiver,
regardless of what line the MPM orders were submitted through.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) \5\ that the Exchange provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change does not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act \6\ and Rule 19b-4(f)(2)
thereunder,\7\ because it establishes or changes a due, fee, or other
charge imposed by the Exchange. Accordingly, the proposal will take
effect upon filing with the Commission.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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.\8\
---------------------------------------------------------------------------

    \8\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on May 29, 2007, the date on which the ISE filed
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-ISE-2007-28 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2007-28. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. 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-ISE-2007-28 and should be submitted on or before June
27, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-10873 Filed 6-5-07; 8:45 am]

BILLING CODE 8010-01-P