[Federal Register: September 29, 2008 (Volume 73, Number 189)]
[Notices]
[Page 56620-56622]
[DOCID:fr29se08-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58615; File No. SR-CBOE-2008-95]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend CBOE Rules Relating to Appointment Costs

September 22, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 16, 2008, the Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities
and Exchange Commission (the ``Commission'') the proposed rule change
as described in Items I and II below, which Items have been prepared by
the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to make technical changes to the tables
setting forth the appointment costs for option classes in CBOE's rules.
The text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.org/Legal), at the Exchange's Office of the
Secretary and at the Commission.

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

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

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

1. Purpose
    The purpose of this rule change is to make technical changes to the
tables setting forth the appointment costs for option classes in CBOE's
rules.
    In connection with CBOE's determination to trade options on the
Morgan Stanley Retail Index Option class (MVR) on the Hybrid Trading
System (``Hybrid'') commencing on September 23, 2008,\5\ CBOE proposes
to delete reference to MVR in the list of Hybrid 3.0 classes in the
table contained in Rule 8.3(c)(iii). MVR then would be added to the
table of Hybrid classes in paragraph (c)(i) of Rule 8.3 and placed in
the AA Tier, which has been reconfigured to hold all option classes
which have a fixed appointment cost. CBOE intends to maintain an
appointment cost of .25 for MVR when it trades on Hybrid.
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    \5\ MVR currently trades on the Hybrid 3.0 Platform.
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    As noted above, CBOE also proposes to reconfigure the AA and A+
Tiers in Rule 8.3(c)(i) such that the AA Tier would hold all option
classes which have a fixed appointment cost. The reference to an A+
Tier would be deleted, and the five option classes currently in the A+
Tier would be placed in the AA Tier.\6\ The appointment cost of the
existing AA Tier classes and the former A+ Tier classes would remain
the same. CBOE is making this change for operational reasons.
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    \6\ CBOE also proposes to make a technical change to Rule
8.85(e) and Rule 8.92(d) to delete the reference to the A+ Tier.
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    CBOE believes that these changes to the tables are technical in
nature and will facilitate CBOE's decision to trade MVR on the Hybrid
Trading System.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations under the Act applicable to a national securities exchange
and, in particular, the requirements of Section 6(b) of the Act.
Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) Act \7\ requirements that the rules
of an exchange be designed to promote just and equitable principles of
trade, in that these proposed changes are technical in nature and
enable the Exchange to trade MVR on Hybrid.
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    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
thereunder.\9\ 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
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    Under Rule 19b-4(f)(6) of the Act,\10\ the proposal does not become
operative for 30 days after the date of its filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. The Exchange has requested that
the Commission waive the 30-day operative date. The Exchange states
that waiving the 30 days will enable it to begin trading MVR options on
Hybrid on September 23, 2008, which would promote competition and
efficiency without undue delay. Based on these reasons, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest, and thus designates
the proposal effective upon filing.\11\
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    \10\ Id.
    \11\ For purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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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-CBOE-2008-95 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-CBOE-2008-95. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the CBOE. 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-CBOE-2008-95 and should be
submitted on or before October 20, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Florence E. Harmon,
Acting Secretary.
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    \12\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E8-22747 Filed 9-26-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 16, 2010 (Volume 75, Number 179)]
[Notices]
[Page 56624-56627]
[DOCID:fr16se10-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62876; File No. SR-Phlx-2010-120]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. To
Establish Fees for NASDAQ OMX PSX

September 9, 2010.
    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 August 31, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt new fees in connection with the
trading of NMS stocks through the new NASDAQ OMX PSX system (``PSX'').
The text of the proposed rule change is available on the Exchange's Web
site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, on the
Commission's Web site at http://www.sec.gov, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Shortly after its acquisition by The NASDAQ OMX Group, Inc.
(``NASDAQ OMX'') in 2008, the Exchange ceased operation of XLE, its
former system for trading NMS stocks.\3\ Earlier this year, the
Exchange filed a proposed rule change to resume trading NMS stocks
through a new electronic platform known as NASDAQ OMX PSX.\4\ In
anticipation of approval and launch of PSX, the Exchange is filing this
proposed rule change to establish fees, dues, and other charges
applicable to PSX. The proposed fees are structurally similar to those
of the Exchange's affiliated exchanges, The NASDAQ Stock Market LLC
(the ``NASDAQ Exchange'') and NASDAQ OMX BX, Inc. (``BX''), but with
the omission of fees that are not pertinent to the Exchange's planned
business and with differences in the level of certain fees.
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    \3\ Securities Exchange Act Release No. 58613 (September 22,
2008), 73 FR 57181 (October 1, 2008) (SR-PHLX-2008-65).
    \4\ Securities Exchange Act Release No. 62519 (July 16, 2010),
75 FR 43597 (July 26, 2010) (SR-PHLX-2010-79).
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Order Execution Fees
    Order execution fees will be uniform for all types of securities
and member organizations. Specifically, for securities executed at
prices of $1 or more, the Exchange will charge $0.0013 per share
executed and pay a liquidity provider rebate of $0.0020 per share
executed. For executions below $1, the execution fee will be 0.2% of
the total transaction cost, and the rebate will be $0. The Exchange
proposes this ``inverted'' pricing structure as a temporary promotional
mechanism to attract liquidity to PSX. Other exchanges and trading
venues have adopted inverted pricing in the past as a means to promote
the development of a new market entrant.\5\
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    \5\ See, e.g., Securities Exchange Act Release No. 59452
(February 25, 2009), 74 FR 9456 (March 4, 2009) (SR-BX-2009-012)
(temporarily decreasing order execution fee to a level below
prevailing liquidity provider rebate); BATS ECN Unveils Ultra-
Aggressive January Pricing Special (December 19, 2006) (available at
http://www.batstrading.com/resources/press_releases/
BATS%20ECN%20Unveils%20Ultra-
Aggressive%20January%20Pricing%20Special.pdf).
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PSX TotalView
    The Exchange proposes to establish fees for its PSX TotalView data
product. Like NASDAQ TotalView and BX TotalView, PSX TotalView will
provide all Displayed Orders in the market at every price level.\6\ In
recognition of the start-up nature of the new market, the data feed
will be provided free of charge to subscribers and distributors for a
period ending on the last day of the twelfth full calendar month of
PSX's operation. Thus, if PSX commences operations on September 27,
2010, PSX TotalView fees will be waived until October 1, 2011.
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    \6\ In contrast with the NASDAQ Exchange and BX, however, all
orders designated as Displayed Orders will be displayed without
attribution to the entering market participant.
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    After the initial free period, the Exchange will offer users a
range of pricing options. In general, charges will be assessed to
distributors of PSX Total View on a per distributor basis, with
additional charges assessed on a per subscriber basis for each
subscriber receiving the data from a distributor. A ``distributor'' is
defined as any entity that receives a feed or data file of Exchange
data directly from the Exchange (a ``direct distributor'') or
indirectly through another entity (an ``indirect distributor'') and
then distributes the data either internally (within that entity) or
externally (outside that entity). Distributors of PSX TotalView will
pay a $1,000 monthly fee to receive the data directly from the Exchange
(including from the Exchange through an extranet); indirect
distributors would not pay this charge. Distributors will also pay
either a $500 monthly fee to distribute the data feed internally (i.e.,
to employees) or a $1,250 monthly fee to distribute to external
customers (as well as internally, if applicable). All of the foregoing
fees will be waived during the initial free period. Finally,
distributors receiving any PSX TotalView or any other PSX data feed
will be charged an annual administrative fee: either $500 for delayed
distribution of data, or $1,000 for real-time distribution.\7\ The
administrative fees, which are assessed annually, will be charged at
the beginning of the first calendar year after the launch of PSX,
rather than being subject to the one-year free period applicable to
other data fees. If, as the Exchange expects, PSX launches in

2010, the fees would therefore be charged in January 2011.\8\
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    \7\ These annual administrative fees may be waived for colleges
and universities receiving the data for research and educational
purposes.
    \8\ The administrative fees will also cover distribution of any
other PSX data feeds, including free data feeds such as the PSX Last
Sale Data Feeds described later in this proposed rule change, and
other free or fee-liable feeds that the Exchange offers in the
future.
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    In addition to the distributor fees, the Exchange will also charge
subscriber fees for controlled accesses to the TotalView data feed.
``Subscriber'' is defined with reference to instances of access to the
data on computer equipment that can receive the data. Specifically, a
``subscriber'' is defined as any access that a distributor provides to
(i) access the information in the PSX TotalView entitlement package, or
(ii) communicate with a distributor so as to cause the distributor to
access the information in the entitlement package. If a distributor
provides its customers or employees an option to use or not to use PSX
TotalView data on their computers, and the data is not actually used on
a specific computer that has access to it, then the computer in
question would not be charged as a subscriber. However, the burden is
on the distributor to demonstrate that a particular computer with
access is not using the data.
    Following the initial one-year free period, the Exchange will
assess a monthly charge for each subscriber. The fee for each
professional PSX TotalView subscriber is $40 per month.\9\
Alternatively, market participants using the data internally on non-
display controlled devices may purchase an enterprise license at a rate
of $16,000 per month for internal use on an unlimited number of non-
display devices within the firm, and thereby avoid individual
subscription charges for these devices.\10\
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    \9\ The fee is comparable to the corresponding fee on BX, but BX
bifurcates the product between a version of the product covering
NASDAQ Exchange-listed securities and a version covering securities
listed on other exchanges, charging $20 per subscriber per month for
each version. PSX TotalView will provide data about orders for all
securities for a fee of $40 per subscriber per month.
    \10\ A non-display device uses data from the PSX TotalView for
calculations and routing decisions but does not provide means to
display the information on a screen.
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    In addition to the foregoing fees, which apply to professional
users of PSX TotalView, the Exchange will also allow distributors to
provide PSX TotalView to non-professional subscribers at a reduced
rate. A ``non-professional'' is defined as a natural person who is
neither (i) registered with the Commission, the Commodities Futures
Trading Commission, a state securities agency, a securities exchange or
securities association, or a commodities or futures contract market or
association; (ii) engaged as an investment advisor as defined in
Section 202(a)(11) of the Investment Advisors Act of 1940 \11\ (the
``1940 Act'') (whether or not the person is registered or qualified
under the 1940 Act); nor (iii) employed by a bank or other organization
exempt from registration under federal or state securities laws to
perform functions that would require registration or qualification if
performed for another organization. The non-professional fee is $1 per
subscriber per month. This fee will also be waived until the end of the
twelfth full calendar month following PSX's launch.
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    \11\ 15 U.S.C. 80b-2(a)(11).
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    After the expiration of the one-year introductory period, the
Exchange will allow distributors to provide PSX TotalView to new
subscribers receiving PSX TotalView for the first time free of charge
for an individual one-month trial period. The free trial period applies
to individual subscribers receiving the data on a per-subscriber basis,
and to broker-dealers that opt to receive the data under an enterprise
license. The fee waiver would be applied to the first full month of
charges following the date on which a new subscriber is first entitled
by a distributor to receive access to PSX TotalView.
    The foregoing fee structure is similar to the structure for NASDAQ
TotalView and BX TotalView, but the overall level of fees will be lower
than for NASDAQ TotalView and comparable to those for BX TotalView.
These fee levels reflect the start-up nature of the Exchange's new
equities trading platform, and will help to promote competition among
exchanges with respect to the quoting and trading services.
Specifically, the Exchange believes that the fees it sets for PSX
TotalView will help to attract order flow to the Exchange. At
inception, the Exchange will have zero market share and therefore must
set its fees, including data fees, with a view to attracting order
flow. Moreover, the alternatives that exist for market participants to
determine market depth--such as other depth of book products that may
be associated with markets with more liquidity, or order routing
strategies designed to ascertain market depth--provide incentives for
the Exchange to ensure that its fees for PSX TotalView are set
reasonably. Accordingly, the Exchange will charge no fee at all for a
period of more than twelve months, and thereafter will charge fees
comparable to those already established for BX.
    The fees are not unreasonably discriminatory. The fees for
subscribers are uniform for all subscribers, except with respect to
reasonable and well-established distinctions between fees for
professional and non-professional subscribers. These distinctions,
previously approved by the Commission for the NASDAQ Exchange and BX,
are designed to promote more widespread distribution to non-
professional users. Similarly, the fees for distributors are uniform
except with respect to reasonable and well-established distinctions
between internal and external distribution and direct and indirect
receipt of data. These distinctions, also previously approved by the
Commission for the NASDAQ Exchange and BX, are designed to charge lower
fees to distributors whose activities do not require the Exchange to
establish and maintain direct connections to the distributor, and to
distributors that do not establish and maintain external distribution
networks requiring more extensive procedures to monitor subscriber
usage. The fees are fair and reasonable in that they compare favorably
to fees charged by other exchanges for comparable products.
TradeInfo PSX
    TradeInfo PSX is an order and execution management tool, similar to
comparable products offered by the NASDAQ Exchange and BX. TradeInfo
PSX allows users to manage their order flow and mitigate risk by giving
them the ability to view their orders and executions, as well as the
ability to perform cancels at the port level. It also allows users to
download records of their orders and executions for record-keeping
purposes. It will be available to PSX participants for a fee of $95 per
user per month, which is the same as the fee for the comparable
products of the NASDAQ Exchange and BX.
Testing
    The Exchange proposes to establish fees for its testing facility,
to be set at levels identical to the fees for the NASDAQ Exchange's and
BX's testing facilities. In general, the Exchange will charge $285 per
hour for an active connection during the facility's normal operating
hours and $333 per hour for an active connection at other times. The
fees are waived for testing of new, enhanced, or modified services and/
or software offered by the Exchange, as well as for modifications
initiated by the Exchange and for a 30-day period for new subscribers
to existing services. In addition, all testing fees will be waived for
the period ending on the last day of the sixth full calendar month
following the launch of PSX. Thereafter, as provided in the rule, the
fees will be

waived for a 30-day period for each new market participant.
Other Fees
    Other fee rules relate to installation, removal or relocation of
equipment at a subscriber's premises,\12\ administrative reports,\13\
special data requests,\14\ and partial month charges \15\ and are
comparable to corresponding fees of the NASDAQ Exchange and BX. Fee
language governing the aggregation of the activity of affiliated
Exchange member organizations for purposes of volume pricing discounts
would not be immediately operative, since the Exchange will not
initially offer such discounts, but is being adopted at this time to
address any such discounts adopted in the future.
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    \12\ This provision allows the Exchange to pass through any
costs it incurs.
    \13\ An administrative report is prepared at a member
organization's request regarding its activities to assist the firm
in activities such as auditing its internal systems, verifying back-
office processing, or projecting monthly costs. The fee is $25 per
month.
    \14\ This provision allows the Exchange to recoup costs
associated with responding to ad hoc requests for market data, such
as requests that may be made by news reporters or academic
researchers.
    \15\ This provision provides that market data distributors may
elect to be billed on a prorated basis during the month of
initiation or termination of service.
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Non-Fee Liable Data
    The Exchange also proposes to make certain data feeds and other
data products available without assessing any distributor or subscriber
fees.\16\ If the Exchange opts to charge a fee for these feeds or
products at a later date, it will file a proposed rule change under
Section 19 of the Act to establish the fee.
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    \16\ The Exchange will assess the annual administrative fee
described above to all distributors receiving a data feed, including
non-fee-liable feeds. The Exchange reserves the right to impose
distributor and/or subscriber fees for these products at a later
date by submitting a proposed rule change under Section 19 of the
Act. 15 U.S.C. 78s.
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    The feeds are comparable to corresponding feeds offered by BX.
First, the Exchange will offer PSX Last Sale Data Feeds, which will
provide real-time last sale information, including execution price,
volume, and time for executions occurring within PSX. The Exchange
believes that these data feeds will increase transparency and the
efficiency of executions by enabling vendors to provide additional
market data in a cost-efficient manner. The Exchange will offer the PSX
Last Sale for NASDAQ and the PSX Last Sale for NYSE/Amex feeds,
providing information for (i) NASDAQ Exchange-listed securities, and
(ii) securities listed on the New York Stock Exchange (``NYSE''), NYSE
Amex, and other exchanges.
    Second, the Exchange will offer real-time data feeds of PSX's Best
Bid and Offer (``BBO''). The Exchange will offer three different feeds,
one providing the BBO for NASDAQ Exchange-listed securities, a second
for NYSE-listed securities, and a third for NYSE Amex-listed
securities.
    Third, the Exchange will offer the PSX Ouch BBO Feed, a data feed
that will represent PSX's internal view of the best bid and offer among
all market centers other than PSX. The PSX Ouch BBO Feed will be
available to all PSX market participants equally at no charge, and will
offer all firms transparent, real-time data concerning the Exchange's
internal view of the BBO. This data feed reflects the Exchange's view
of the BBO, at any given time, based on orders executed on PSX and
updated quote information from the SIPs. PSX will make the PSX Ouch BBO
Feed available to all market participants via subscription through an
established connection to PSX.
    The PSX Ouch BBO Feed will contain the following data elements:
Symbol, bid price, and ask price.\17\ Unlike the PSX TotalView feed,
the Ouch BBO feed will not contain information about individual orders,
either those residing within the PSX system or those executed or routed
by PSX. Unlike the SIP feeds containing the National Best Bid and Offer
(``NBBO''), the PSX Ouch BBO Feed will not identify either the market
center quoting the BBO or the size of the BBO quotes. It merely
contains the symbol and bid and offer prices.
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    \17\ PSX also provides a time stamp and message type field for
reference.
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    By making the PSX Ouch BBO Feed data available, the Exchange will
enhance market transparency and foster competition among orders and
markets. Member organizations may use the PSX Ouch BBO Feed to more
accurately price their orders based on PSX's view of what the BBO is at
any point in time, which may not be reflected in the official NBBO due
to latencies inherent in the NBBO's dissemination. As a consequence,
firms may more accurately price their orders on PSX, thus avoiding
price adjustments by PSX based on a quote that is no longer available.
Additionally, market participants can price orders more aggressively to
narrow the NBBO and provide better reference prices for investors.
    Fourth, the Exchange will make a version of NASDAQ OMX's Weblink
ACT product available for use by PSX participants. For PSX
participants, Weblink Act will provide a convenient system for member
organizations to access comprehensive records of their own trades in
PSX. Weblink ACT will be provided free of charge at the time of PSX's
launch. Users will have the option of receiving the Weblink ACT service
for PSX as a standalone product, or in addition to Weblink ACT for the
NASDAQ Exchange service that they may already be receiving. In either
case, the Exchange will not charge a fee for the PSX version.
    Finally, the PSX Trading and Compliance Data Package will provide
PSX Participants with historical data reports containing trade-
reporting information about the Participant's own trades in PSX, for
delivery on an end-of-day or T+1 basis. The Exchange may modify the
contents of the PSX Trading and Compliance Data Package from time to
time based on subscriber interest. Users will have the option to
request and download these reports as a standalone product, and
subscribers to the existing NASDAQ Exchange Trading and Compliance Data
package who are PSX Participants will also have the option to request
PSX reports through their existing service. In either case, the
Exchange will not charge a fee for the PSX version at this time.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\18\ in general and with
Section 6(b)(4) of the Act,\19\ in particular, in that it provides an
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The Exchange makes
all services and products subject to these fees available on a non-
discriminatory basis to similarly situated recipients. All fees are
structured in manner comparable to corresponding fees of the NASDAQ
Exchange or BX already in effect, and are set at levels equal to or
lower than the levels of the comparable NASDAQ Exchange and BX fees.
Most of the proposed fees, including transaction execution and testing
fees, are uniform for all customers and are therefore equitably
allocated based on usage of PSX services. The proposed fees for PSX
TotalView are equitably allocated since the fees vary solely based on
reasonable and well-established distinctions with respect to
professional and non-professional users, internal and external
distribution, and direct and indirect

receipt of data. The fees are fair and reasonable in that they compare
favorably to fees charged by other exchanges for comparable products.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f.
    \19\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Despite its long history, the Exchange will effectively be entering the
highly competitive markets for trading NMS stocks as a start-up
venture. Accordingly, its fees must be set at a level that will promote
competition in these markets, or potential users of its services will
simply continue to obtain services from the Exchange's multiple
competitors. If the Exchange sets fees at inappropriately high levels,
market participants will seek to avoid using the Exchange. Thus, the
products and services introduced by the Exchange will promote
competition if they succeed in providing market participants with
viable and cost-effective alternatives to existing competitors.
Conversely, they will impose no burden on competition if they fail to
provide such alternatives.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\20\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-Phlx-2010-120 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File No. SR-Phlx-2010-120. 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 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
a.m. and 3 p.m. Copies of such filing will also 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 No. SR-Phlx-2010-120 and should be
submitted on or before October 7, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-23103 Filed 9-15-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34134-34136]
[FR Doc No: 2021-13817]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0379]
RIN 1625-AA00

Safety Zone; Lake Charles, Lake Charles, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of Lake Charles west of 93[deg]13'51.2'' W, east
of 93[deg]14'8.3'' W, and extending 500 yards south from the northern
shore of Lake Charles. This safety zone is necessary to protect persons
and vessels from hazards associated with a Pro Watercross event on
August 28 and 29, 2021 in Lake Charles, LA. This regulation prohibits
persons and vessels from being in the

safety zone unless authorized by the Captain of the Port Marine Safety
Unit Port Arthur or a designated representative.

DATES: This rule is effective from 8 a.m. through 6 p.m. on August 28,
2021 and August 29, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0379 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Christpher Saylor, MSU Lake Charles, U.S. Coast Guard;
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

    On May 19, 2021, the Pro Watercross Orginzation notified the Coast
Guard that it would be conducting watercross races from 8 a.m. through
6 p.m. on August 28 and 29, 2021. These watercross races are scheduled
to be conducted along the north shore of Lake Charles in waters west of
93[deg]13'51.2'' W, east of 93[deg]14'8.3'' W, and extending 500 yards
south from the north shoreline of Lake Charles, LA. The Captain of the
Port Marine Safety Unit Port Arthur (COTP) determined that potential
hazards associated with the pro watercross races would be a safety
concern for spectator craft and vessels in the vicinity of these race
events. In response, on June 3, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Lake Charles,
Lake Charles, LA (86 FR 29725). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
marine event. During the comment period that ended June 18, 2021, we
received one comment concurring with the proposed rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with high speed boat
races.

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 Port Arthur
(COTP) has determined that potential hazards associated with pro
watercross races at this location would a safety concern for spectator
craft and vessels in the vicinity of these race events.
    The purpose of this rule is to ensure safety of vessels and the
navigable waters in the safety zone before, during, and after the
scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one concurring comment on our NPRM
published June 3, 2021. There are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 8 a.m. on August 28, 2021
through 6 p.m. on August 29, 2021. The safety zone will cover all
navigable waters west of 93[deg]13'51.2'' W, east of 93[deg]14'8.3'' W,
and extending 500 yards south from the north shoreline of Lake Charles,
LA. The duration of the safety zone is intended to protect
participants, spectators, and other persons and vessels, in the
navigable waters of the Lake Charles during the watercross races.
    No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.

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. 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).
    This regulatory action determination is based on the proposed size,
location, and duration of the safety zone. The temporary safety zone
would be enforced on a 500-yards by 500-yards portion of navigable
waters of Lake Charles, LA for only two days. This rule would be
enforced to protect personnel, vessels, and the marine environment from
hazards associated with the pro watercross race.
    The Coast Guard will notify the public by issuing Local Notice to
Mariners (LNM), and/or Marine Safety Information Bulletin (MSIB) and
Broadcast Notice to Mariners via VHF-FM radio and the rule will allow
vessels to seek permission to enter the zone during scheduled breaks.

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 received one concurring comment from Lauren
Jones on this rulemaking. 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
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
call or email 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.

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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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
safety zone lasting 10 hours on each of the two event days, and
prohibits entry within 500 yards of the beach area of North Lake
Charles. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, 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 AREA 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.T08-0379 to read as follows:

Sec.  165.T08-0379  Safety Zone; Lake Charles, Lake Charles, Louisiana.

    (a) Location. The following area is a safety zone: All navigable
waters of the Lake Charles west of 93[deg]13'51.2'' W, east of
93[deg]14'8.3'' W, and extending 500 yards south from the northern
shore of Lake Charles. The duration of the safety zone is intended to
protect participants, spectators, and other persons and vessels, on the
navigable waters of the Lake Charles during the watercross races.
    (b) Enforcement period. This section is effective from 8 a.m.
through 6 p.m. on August 28, 2021 and August 29, 2021.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry of vessels or persons into this zone
is prohibited unless authorized by the Captain of the Port Marine
Safety Unit Port Arthur (COTP) or a designated representative. They may
be contacted on VHF-FM channel 13 or 16, or by phone at by telephone at
337-912-0073.
    (2) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
    (3) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
    (4) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
    (e) Informational broadcasts. 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.

    Dated: June 22, 2021.
James B. Suffern,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety
Unit Port Arthur.
[FR Doc. 2021-13817 Filed 6-28-21; 8:45 am]
BILLING CODE 9110-04-P


Comment Info: =================

General Comment:A 75 day comment period is insufficient time for the e-cig industry and the wider e-cig community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I have been a smoker of combustible cigarettes for over 8 years; in this time I've had numerous issues with coughing, wheezing and general lung discomfort and pain. When e-cigarettes first entered the market I tried them. They didn't help me give up combustible cigarettes any easier, or with any permanence than the other options out on the market for nicotine replacement(the patch, gum, lossenge, etc.). Frankly, these are all replacements, not cessation aids. Every time I have attempted to use any of the other replacements my personal and professional life has suffered due to withdrawal of nicotine. Every time I have gone back to smoking combustible cigarettes within a few months time. I have since switched over to e-cigarettes of today a month ago, and immediately ceased smoking combustible cigarettes and have since had no lung pain, coughing or wheezing. I have been able to begin working out on a regular basis to increase my personal health with no suffering to my personal or professional life and remain a productive citizen. I have been a more pleasant person and have been drastically decreasing my nicotine intake as well through the use of lower nicotine concentrated e-cigarette liquids. E-cigarettes have drastically changed my life for the better and the proposed regulations could very well put that in danger.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Page 54284]
[FR Doc No: 2011-22251]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Reduced
Vertical Separation Minimum

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on June 21, 2011, Vol. 76, No. 119, page 36171-36172.
Aircraft operators seeking operational approval to conduct RVSM
operations within the 48 contiguous United States (U.S.), Alaska and a
portion of the Gulf of Mexico must submit an application to the
Certificate Holding District Office.

DATES: Written comments should be submitted by September 30, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0679.
    Title: Reduced Vertical Separation Minimum.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The authority to collect data from aircraft operators
seeking operational approval to conduct RVSM operations is contained in
Part 91, Section 91.180. Aircraft operators seeking operational
approval to conduct RVSM operations within the 48 contiguous States of
the United States (U.S.), Alaska and that portion of the Gulf of Mexico
where the FAA provides air traffic services must submit their
application to the Certificate Holding District Office (CHDO).
    Respondents: Approximately 370 operators.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 30 hours.
    Estimated Total Annual Burden: 11,100 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for 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
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on August 22, 2011.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2011-22251 Filed 8-30-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15237-15239]
[FR Doc No: 2019-07364]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85576; File No. SR-IEX-2019-04]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend IEX
Rule 11.280 (Limit Up-Limit Down Plan and Trading Halts) To Extend the
Pilot Period for the Regulation NMS Plan To Address Extraordinary
Market Volatility to the Close of Business on October 18, 2019

April 9, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 8, 2019, the Investors Exchange LLC (``IEX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ IEX is
filing with the Commission a proposed rule change to amend IEX Rule
11.280 (Limit Up-Limit Down Plan and Trading Halts) to extend the pilot
period for the Regulation NMS Plan to Address Extraordinary Market
Volatility, to the close of business on October 18, 2019. IEX has
designated this rule change as ``non-controversial'' under Section
19(b)(3)(A) of the Act \6\ and provided the Commission with the notice
required by Rule 19b-4(f)(6) thereunder.\7\ The text of the proposed
rule change is available at the Exchange's website at
www.iextrading.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The purpose of this proposed rule change is to amend IEX Rule
11.280 (Limit Up-Limit Down Plan and Trading Halts) (``Rule 11.280'')
to extend the pilot period for the Regulation NMS Plan to Address
Extraordinary Market Volatility, to the close of business on October
18, 2019. Rule 11.280 provides a methodology for determining when to
halt trading in all stocks due to extraordinary market volatility,
i.e., market-wide circuit breakers. The market-wide circuit breaker
mechanism under Rule 11.280 was approved by the Commission to operate
on a pilot basis, the term of which was to coincide with the pilot
period for the Plan to Address Extraordinary Market Volatility Pursuant
to Rule 608 of Regulation NMS (the ``LULD Plan''),\8\ including any
extensions to the pilot period for the LULD Plan. The Commission
published an amendment to the LULD Plan for it to operate on a
permanent, rather than pilot, basis.\9\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release''). An amendment to the LULD Plan adding IEX as a
Participant was filed with the Commission on August 11, 2016, and
became effective upon filing pursuant to Rule 608(b)(3)(iii) of the
Act because it involves solely technical or ministerial matters.
    \9\ See Securities Exchange Act Release No. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (Amendment No. 18 Proposing
Release).
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 11.280 to untie the pilot's
effectiveness from that of the LULD Plan and to extend the pilot's
effectiveness to the close of business on October 18, 2019. The
Exchange does not propose any additional changes to Rule 11.280.
    Market-wide circuit breakers under Rule 11.280 provide an
important, automatic mechanism that is invoked to promote stability and
investor confidence during a period of significant stress when
securities markets experience extreme broad-based declines. All U.S.
equity exchanges have rules relating to market-wide circuit breakers,
which are designed to slow the effects of extreme price movement
through coordinated trading halts across securities markets when severe
price declines reach levels that may exhaust market liquidity. Market-
wide circuit breakers provide for trading halts in all equities and
options markets during a severe market decline as measured by a single-
day decline in the S&P 500 Index.
    Pursuant to Rule 11.280, a market-wide trading halt will be
triggered if the S&P 500 Index declines in price by specified
percentages from the prior day's closing price of that index.
Currently, the triggers are set at three circuit breaker thresholds: A
7% market decline (Level 1), a 13% market decline (Level 2) and a 20%
market decline (Level 3). A market decline that triggers a Level 1 or
Level 2 circuit breaker after 9:30 a.m. ET and before 3:25 p.m. ET
would halt market-wide trading for 15 minutes, while a similar market
decline at or after 3:25 p.m. ET would not halt market-wide trading. A
market decline that triggers a Level 3 circuit breaker, at

any time during the trading day, would halt market-wide trading for the
remainder of the trading day.
    The Exchange intends to file a separate proposed rule change with
the Commission to operate Rule 11.280 on a permanent, rather than
pilot, basis. Extending the effectiveness of Rule 11.280 to the close
of business on October 18, 2019 should provide the Commission adequate
time to consider whether to approve the Exchange's separate proposal to
operate the market-wide circuit breaker mechanism under Rule 11.280 on
a permanent basis.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of Sections 6(b) \10\ and 6(b)(5) of the Act,\11\ in
particular, because it would promote just and equitable principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market and a national market system. The Exchange also believes
that the proposed rule change promotes just and equitable principles of
trade in that it promotes transparency and uniformity across markets
concerning when and how to halt trading in all stocks as a result of
extraordinary market volatility. Extending the market-wide circuit
breaker pilot under Rule 11.280 an additional six months would ensure
the continued, uninterrupted operation of a consistent mechanism to
halt trading across the U.S. markets while the Commission considers
whether to approve the pilot on a permanent basis. The proposed rule
change would thus promote fair and orderly markets and the protection
of investors and the public interest. Based on the foregoing, the
Exchange believes the benefits to market participants from the market-
wide circuit breaker mechanism under Rule 11.280 should continue on a
pilot basis while the Commission considers whether to permanently
approve the market-wide circuit breaker.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    IEX does not believe that the proposed rule change implicates any
competitive issues because the proposal would ensure the continued,
uninterrupted operation of a consistent mechanism to halt trading
across the U.S. markets while the Commission considers whether to
permanently approve the market-wide circuit breaker mechanism under
Rule 11.280. Further, IEX understands that FINRA and other national
securities exchanges will file proposals to extend their rules
regarding the market-wide circuit breaker pilot with the Commission so
that the market-wide circuit breaker mechanism may continue
uninterrupted while the Commission considers whether to approve its
operation on a permanent basis.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing. Extending the pilot for an additional
six months will allow the uninterrupted operation of the existing pilot
to halt trading across the U.S. markets while the Commission considers
whether to approve the pilot on a permanent basis. The extension simply
maintains the status quo. Therefore, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest. The Commission hereby designates the
proposed rule change to be operative upon filing.\16\
---------------------------------------------------------------------------

    \14\ Id.
    \15\ 17 CFR 240.19b-4(f)(g)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-IEX-2019-04 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-IEX-2019-04. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish

to make available publicly. All submissions should refer to File Number
SR-IEX-2019-04, and should be submitted on or before May 6, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-07364 Filed 4-12-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42379-42380]
[FR Doc No: 2020-15158]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP20-1012-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Secondary Scheduling Priority
Modification GT&C 48.3(a) to be effective 9/1/2020.
    Filed Date: 7/6/20.
    Accession Number: 20200706-5028.
    Comments Due: 5 p.m. ET 7/20/20.

    Docket Numbers: RP20-1013-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Sec.  4(d) Rate Filing: ETNG Cleanup Filing eff 8-6-20
to be effective 8/6/2020.
    Filed Date: 7/6/20.
    Accession Number: 20200706-5046.
    Comments Due: 5 p.m. ET 7/20/20.

    Docket Numbers: RP20-1014-000.

    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--July 2020
Cleanup Filing to be effective 8/6/2020.
    Filed Date: 7/6/20.
    Accession Number: 20200706-5073.
    Comments Due: 5 p.m. ET 7/20/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 8, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-15158 Filed 7-13-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Pages 20146-20147]
[FR Doc No: 2021-07848]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0040; FRL--10022-60-OAR]

Proposed Agency Information Collection Request; Comment Request;
Servicing of Motor Vehicle Air Conditioners (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Servicing of Motor
Vehicle Air Conditioners (Renewal)'' (EPA ICR No. 1617.10, OMB Control
No. 2060-0247) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act. Before
doing so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through December 31,
2021. An Agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Comments must be submitted on or before June 15, 2021.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2021-0040, online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>Out of an abundance of caution for
members of the public and our staff, the EPA Docket Center and Reading
Room are closed to the public, with limited exceptions, to reduce the
risk of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. We
encourage the public to submit comments via https://www.regulations.gov
or email, as there may be a delay in processing mail and faxes. Hand
deliveries and couriers may be received by scheduled appointment only.
For further information on EPA Docket Center services and the current
status, please visit us online at https://www.epa.gov/dockets.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric
Protection Division, Office of Atmospheric Programs (Mail Code 6205T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The EPA is temporarily suspending its
Docket Center and Reading Room for public visitors, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via https://www.regulations.gov or email, as there may be a delay in
processing mail and faxes. Hand deliveries and couriers may be received
by scheduled appointment only. The telephone number for the Docket
Center is<PHONE_NUMBER>. For further information on EPA Docket Center
services and the current status, please visit us online at https://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: Section 609 of the Clean Air Act Amendments of 1990 (Act)
provides general guidelines for the servicing of motor vehicle air
conditioners (MVACs). It states that ``no person repairing or servicing
motor vehicles for consideration may perform any service on a motor
vehicle air conditioner involving the refrigerant for such air
conditioner without properly using approved refrigerant recycling
equipment and no such person may perform such service unless such
person has been properly trained and certified.'' In 1992, EPA
developed regulations under section 609 that were published in 57 FR
31240 and codified at 40 CFR Subpart B (Section 82.30 et seq.). The
information required to be collected under the section 609 regulations
is: Approved refrigerant handling equipment; approved independent
standards testing organizations; technician training and certification;
and certification, reporting and recordkeeping.
    Form Numbers: None.
    Respondents/affected entities: The following is a list of NAICS
codes for organizations potentially affected by the information
requirements covered under this ICR. It is meant to include any
establishment that may service or maintain motor vehicle air
conditioners.

4411 Automobile Dealers
4413 Automotive Parts, Accessories, and Tire Stores
44711 Gasoline Stations with Convenience Stores
8111 Automotive Repair and Maintenance
811198 All Other Automotive Repair and Maintenance

    Other affected groups include independent standards testing
organizations and organizations with technician certification programs.
    Respondent's obligation to respond: Mandatory (40 CFR 82.36, 82.38,
82.40, 82.42).
    Estimated number of respondents: 46,033 (per year).
    Frequency of response: On occasion, biennially, only once.

    Total estimated burden: 4,165 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $ 213,153 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is an increase of 35 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This increase is due in part to an increase in the number of motor
vehicle establishments in the United States. This correlates with an
increase in the number of establishments that send refrigerants off-
site for recycling or reclamation.

Cynthia A. Newberg,
Director, Stratospheric Protection Division.
[FR Doc. 2021-07848 Filed 4-15-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Rules and Regulations]
[Pages 7970-7971]
[FR Doc No: 2015-02851]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R03-OAR-2013-0690; FRL-9921-31-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia's Redesignation Request and Associated Maintenance Plan
of the West Virginia Portion of the Martinsburg-Hagerstown, WV-MD
Nonattainment Area for the 1997 Annual Fine Particulate Matter
Standard; Correction

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correcting amendments.

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

SUMMARY: This document corrects an error in the rule language of a
final rule pertaining to West Virginia's request to redesignate to
attainment the West Virginia portion of the Martinsburg-Hagerstown, WV-
MD nonattainment area for the 1997 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS), which
was published in the Federal Register on Tuesday, November 25, 2014 (79
FR 70099).

DATES: This document is effective on February 13, 2015.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On November 25, 2014 (79 FR 70099), the
Environmental Protection Agency (EPA) published a final rulemaking
action announcing the approval of West Virginia's request to
redesignate to attainment the Martinsburg-Hagerstown, WV-MD
nonattainment area for the 1997 annual PM2.5 NAAQS.

Need for Correction

    As published, the final redesignation contains an error. EPA
inadvertently added the word ``Moderate'' in the table for the 1997
annual PM2.5 NAAQS. The intent of the final rule was to
redesignate the Area to attainment. Moderate is a classification for
nonattainment areas. This action corrects the table of 40 CFR part 81
for West Virginia's 1997 annual PM2.5 NAAQS.

List of Subjects in 40 CFR Part 81

    Air pollution, National Parks, Wilderness areas.

    Dated: January 28, 2015.
William C. Early,
Acting Regional Administrator, EPA Region III.
    Accordingly, 40 CFR part 81 is corrected by making the following
correcting amendments:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. Section 81.349 is amended by revising the entry for ``Martinsburg,
WV-Hagerstown, MD: Berkeley County'' at the end of the table titled
``West Virginia--1997 Annual PM2.5 NAAQS'' to read as
follows:

Sec.  81.349  West Virginia.

* * * * *

                                     West Virginia--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                     Designation a                        Classification
           Designated Area            --------------------------------------------------------------------------
                                          Date \1\                Type               Date \2\          Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Martinsburg, WV-Hagerstown, MD:
    Berkeley County..................        11/25/14  Attainment...............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
a Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-02851 Filed 2-12-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Notices]
[Pages 24983-24984]
[FR Doc No: 2023-08690]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0070; FRL-10841-03-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients March 2023

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before May 25, 2023.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0070, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (BPPD) (7511M); main telephone number:
(202) 566-1400; email address: [email protected]. The mailing
address for this contact person is Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001. As part of the mailing address, include the contact
person's name, division, and mail code. The division to contact is
listed at the end of each application summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications. For actions being evaluated under EPA's public
participation process for registration actions, there will be an
additional opportunity for public comment on the proposed decisions.
Please see EPA's public participation website for additional
information on this process (https://www.epa.gov/pesticide-registration/public-participation-process-registration-actions).

Notice of Receipt--New Active Ingredients

    1. File Symbol: 94554-R. Docket ID number: EPA-HQ-OPP-2023-0180.
Applicant: Agri-Organic, LLC., P.O. Box 7748, Bloomfield Township, MI
48302. Product name: AOMMA-Agro Crop Protection. Active ingredient:
Extracts of noni fruit and noni leaves (Morinda citrifolia); fungicide,
insecticide; Morinda citrifolia leaf extract at 0.55% and Morinda
citrifolia fruit extract at 0.45%. Proposed classification/Use:
Fungicide, insecticide. Contact: BPPD.
    2. File Symbol: 101966-E. Docket ID number: EPA-HQ-OPP-2023-0183.
Applicant: FytoFend, LLC, 2915 Ogletown Road Newark, DE 19713. Product
name: Fyto11. Active ingredient: COS-OGA; fungicide, plant growth
regulator; COS-OGA at 1.04%. Proposed use: Fungicide, insecticide.
Contact: BPPD.
    3. File Symbol: 101966-R. Docket ID number: EPA-HQ-OPP-2023-0183.
Applicant: FytoFend, LLC, 2915 Ogletown Road Newark, DE 19713. Product
name: COS-OGA MUP. Active ingredient: COS-OGA; manufacturing use
product for formulation into fungicide, insecticide and plant growth
regulators at 2.28%. Proposed use: Manufacturing use product. Contact:
BPPD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: April 14, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2023-08690 Filed 4-24-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 22, 2010 (Volume 75, Number 14)]
[Notices]
[Page 3784]
[DOCID:fr22ja10-105]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Adrian and Blissfield Railroad

[Waiver Petition Docket Number FRA-2009-0113]

    The Adrian and Blissfield Railroad (ADBF), a Class III railroad
located in Lenawee County in the State of Michigan, seeks a waiver of
compliance from the requirements of 49 CFR 223.15 Requirements for
existing passenger cars. Specifically, ADBF has petitioned FRA for a
waiver for passenger coach ADBF 3370, Columbia River, which was built
for the Union Pacific Railroad in 1949. ADBF operates this car in a
dinner train exclusively on ADBF tracks in a rural area at speeds not
exceeding 15 miles per hour on a 16-mile round trip.
    ADBF states that passenger car ADBF 3370 is equipped with double
pane safety glass. In the 15 years of operation in its present service,
neither this car nor the two passenger cars it normally operates with
have suffered any glazing breakage due to an accident or act of
vandalism. The petitioner additionally states that preliminary
estimates for upgrading this car to FRA Type I and II glazing are in
the range of $20,000 to $30,000, which is the approximate value of the
railcar.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2009-0113) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on January 19, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-1228 Filed 1-21-10; 8:45 am]
BILLING CODE 4910-06-P