[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Notices]
[Page 34196-34199]
[DOCID:fr16jn10-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62256; File No. SR-EDGX-2010-02]

 Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by EDGX Exchange, Inc. Relating to Direct Edge, Inc.

June 10, 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 June 3, 2010, EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'')
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

    EDGX proposes to make changes to its corporate structure to provide
that it will be a wholly-owned subsidiary of Direct Edge, Inc.
(``DEI'') instead of Direct Edge Holdings, LLC (``DE Holdings'').
    The proposed Certificate of Incorporation of DEI (``DEI
Certificate'') is attached as Exhibit 5A, the proposed Bylaws of DEI
(``DEI Bylaws'') are attached as Exhibit 5B, and the Amended and
Restated Bylaws of EDGX (``EDGX Bylaws'') are attached as Exhibit 5C.
    The text of the proposed rule change is available on the Exchange's
Web site http://www.directedge.com, on the Commission's Internet 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
Background
    On March 12, 2010, the Commission granted the Form 1 exchange
registration applications of EDGX and its affiliate exchange, EDGA
Exchange, Inc. (``EDGA'').\3\
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    \3\ See Securities and Exchange Release No. 61698 (March 12,
2010), 75 FR 13151 (March 18, 2010) (approving File Nos. 10-194 and
10-196) (the ``Order'').
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    As provided in the Form 1 application, EDGX and Direct Edge ECN,
LLC d/b/a DE Route (``DE Route''), the Exchange's routing broker/
dealer, are wholly-owned subsidiaries of DE Holdings.\4\ EDGX Bylaws
identify this ownership structure.\5\ Any changes to the EDGX Bylaws,
including any change in the provision that identifies DE Holdings as
the initial owner of EDGX, must be filed with and approved by the
Commission pursuant to Section 19 of the Act.\6\ As part of a general
corporate reorganization, EDGX is now proposing to create a new
corporation, DEI, which will be owned by DE Holdings. DEI will, in
turn, own the Exchange and be both an operating and holding company.
All of the equity of EDGX is proposed to be transferred to DEI. In
turn, DE Holdings will be the sole stockholder of DEI and thus, DEI
will be a wholly-owned subsidiary of DE Holdings. The self-regulatory
functions of EDGX will, however, continue to remain with EDGX. As
stated above, DE Route will continue to be owned directly by DE
Holdings.
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    \4\ DE Holdings is a limited liability company overseen by a
board of managers. Ownership in DE Holdings is represented by
limited liability membership interests. EDGA is also a wholly-owned
subsidiary of DE Holdings.
    \5\ EDGA Bylaws, Article I., Section kk.
    \6\ See 15 U.S.C. 78s. See also Order at note 77 and
accompanying text.
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    In connection with this corporate reorganization, the Exchange is
filing these documents with the Commission as part of Exhibit 5: (i)
The proposed DEI Certificate is attached as Exhibit 5A; (ii) the
proposed DEI Bylaws are attached as Exhibit 5B; and (iii) the EDGX
Bylaws are attached as Exhibit 5C.
    As the primary focus of this rule filing is to focus on those
provisions that are directly related to the Exchange's ability to
perform its regulatory responsibilities following the transaction
described above, the Exchange's discussion will focus on the relevant
provisions of the documents mentioned above.
Preservation of Self-Regulatory Function of EDGX
    Section 7.7 of the DE Holdings' Fourth Amended and Restated Limited
Liability Company Operating Agreement (the ``DE Holdings LLC
Agreement'') identifies certain corporate actions that require the
approval of DE Holdings' Board of Managers and the members of DE
Holdings. The Sixth Article of the DEI Certificate provides that any
action requiring the approval of the DE Holdings Board of Managers and/
or

members of DE Holdings pursuant to Section 7.7 of the DE Holdings LLC
Agreement shall require the approval of the stockholders of DEI (DE
Holdings is the sole stockholder of DEI). The Sixth Article of the DEI
Certificate further provides that, notwithstanding such approval,
nothing contained in Section 7.7 of the DE Holdings LLC Agreement shall
be applicable where the application of such provision or provisions
would interfere with the effectuation of any decisions by the Board of
Directors of DEI (``Board'') relating to regulatory functions of the
Exchange (including disciplinary matters) or the structure of the
market that the Exchange regulates, or would interfere with the ability
of the Exchange to carry out its responsibilities under the Act or to
oversee the structure of the market that the Exchange regulates.\7\
This Sixth Article of the DEI Certificate further provides that these
responsibilities shall include the ability of the Exchange as an SRO:
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    \7\ See DEI Certificate, Article VI., Section 2.
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     To prevent fraudulent and manipulative acts and practices;
     To promote just and equitable principles of trade;
     To foster cooperation and coordination with persons
engaged in regulating, clearing, settling, processing information with
respect to, and facilitating transactions in securities;
     To remove impediments to and perfect the mechanisms of a
free and open market and a national market system; and
     To protect investors and the public interest.\8\
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    \8\ Id.
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    In addition, the DEI Bylaws provide that, for so long as DEI
controls the Exchange, the Board, officers, employees and agents of DEI
must give due regard to the preservation of independence of the self-
regulatory function of the Exchange and must not interfere with its
regulatory functions (including disciplinary matters) or the ability of
the Exchange to carry out its responsibilities under the Act.\9\
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    \9\ See DEI Bylaws, Article VII, Section 7.1.
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    These provisions, as well as the associated notice and rule filing
requirements with respect to any person or entity that may acquire an
interest in DEI (as described below), will serve to protect the
integrity of the Exchange's self-regulatory responsibilities and the
SEC's oversight responsibilities. These provisions will also ensure
that, although DEI will not itself carry out any regulatory functions,
its activities with respect to the Exchange will be consistent with,
and not interfere with the self-regulatory obligations of the Exchange.
Ownership Limitations and Changes in Ownership
    The DE Holdings LLC Agreement includes restrictions on the ability
to own and vote shares of the capital stock of DE Holdings.\10\ The DE
Holdings LLC Agreement states that no person may own, directly or
indirectly, of record or beneficially, units of interest in the
ownership of DE Holdings (``Units'') representing more than a 40%
interest in DE Holdings.\11\ In addition, the DE Holdings LLC Agreement
prohibits members of EDGX or EDGA (``Exchange Members''), either alone
or together with their related persons, from owning, directly or
indirectly, of record or beneficially, Units representing a percentage
interest in DE Holdings of more than 20%.\12\ Furthermore, no person,
other than International Securities Exchange Holdings, Inc., either
alone or together with its related persons, may vote or cause the
voting of Units representing more than a 20% interest in DE
Holdings.\13\ If any member of DE Holdings purports to transfer Units
in violation of the ownership limits, or to vote or cause the voting of
Units in violation of the voting limits, then DE Holdings has the right
to redeem such Units for the lesser of the fair market value or the
book value of the Units.\14\ In addition, DE Holdings will not honor
any vote that would violate the voting limitations, and any Units that
would violate the voting limitation will not be entitled to vote to the
extent of the violation.\15\
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    \10\ See the Order at 13156.
    \11\ See DE Holdings LLC Agreement, Article XII., Section
12.1(a)(1).
    \12\ See DE Holdings LLC Agreement, Article XII., Section
12.1(a)(2).
    \13\ See DE Holdings LLC Agreement, Article XII., Section
12.1(a)(3).
    \14\ See DE Holdings LLC Agreement, Article XII., Section 12.3.
    \15\ See DE Holdings LLC Agreement, Article XII., Section 12.4.
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    These voting and ownership restrictions in the DE Holdings LLC
Agreement are unaffected by the proposed change in corporate structure
whereby DEI will become an operating and holding company for the
Exchange. Further, such restrictions will effectively be carried over
into the new corporate structure because the DEI Certificate provides
that the sole stockholder of DEI will be DE Holdings \16\ and as
discussed below, the EDGX Bylaws indicate that DEI will be the sole
owner of EDGA.\17\ In addition, for so long as DEI indirectly or
directly controls EDGA, any amendment to the ownership requirements in
the DEI Certificate, including the provision identifying DE Holdings as
the sole stockholder of DEI, shall be submitted to the Board of
Directors of EDGX for a determination as to whether such amendment must
be filed with, or filed with and approved by, the SEC before such
amendment can become effective and in such event, such amendment shall
not be effective until filed with, or filed with and approved by, the
SEC, as the case may be.\18\
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    \16\ See DEI Certificate, Article VIII., Section 4.
    \17\ See EDGX Bylaws, Article I., Section kk.
    \18\ See DEI Certificate, Article VIII, Section 3.
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    The Exchange proposes to amend its bylaws to require that the sole
stockholder of the Exchange will be DEI.\19\ Any changes to the EDGX
Bylaws, including any change in the provision that identifies DEI as
the sole owner of EDGX, must be filed with and approved by the
Commission pursuant to Section 19 of the Act.\20\ This ownership
requirement, together with the DE Holdings' and DEI's voting and
ownership restrictions described above, is designed to prevent any
Exchange Member or other person from exercising undue control over the
operation of the Exchange through DEI and further assures that the
Exchange and the Commission will be able to carry out their respective
regulatory obligations under the Act. The Exchange believes that these
requirements should minimize the potential that a person could
improperly interfere with or restrict the ability of the Commission or
the Exchange to effectively carry out their respective regulatory
oversight responsibilities under the Act.
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    \19\ See EDGX Bylaws, Article I., Section kk.
    \20\ See 15 U.S.C. 78s. See also Order at note 77 and
accompanying text.
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Jurisdiction and Regulatory Oversight
    The DEI Certificate and DEI Bylaws will contain several provisions
designed to protect the independence of the self-regulatory function of
the Exchange.
    DEI's officers and directors are deemed to be the officers and
directors of the Exchange.\21\ Article VII of the DEI Bylaws further
states that DEI's Board and its officers, employees, and agents shall
give due regard to the preservation of independence of the self-
regulatory function of the Exchange and shall not interfere with the
effectuation of any decisions by the Exchange's Board of Directors
relating to its regulatory functions (including disciplinary matters)
or which would interfere with the ability of the Exchange to carry out
its responsibilities under the Act.\22\ In

addition, the DEI Bylaws further provide that DEI shall comply with the
U.S. federal securities laws and rules and regulations thereunder and
shall cooperate with the SEC and the Exchange.\23\ The DEI Bylaws also
provide that DEI's officers, directors, employees and agents shall be
deemed to agree to (i) comply with the U.S. federal securities laws and
the rules and regulations thereunder; and (ii) to cooperate with the
SEC and the Exchange in respect of the SEC's oversight responsibilities
regarding the Exchange and the self-regulatory functions and
responsibilities of the Exchange. In addition, DEI shall take
reasonable steps necessary to cause its officers, directors, employees
and agents to so cooperate.\24\
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    \21\ See DEI Bylaws, Article V., Section 5.8(b).
    \22\ See DEI Bylaws, Article VII., Section 7.1.
    \23\ See DEI Bylaws, Article VII., Section 7.2.
    \24\ Id.
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    Furthermore, DEI and its officers, directors, employees and agents
will be deemed to irrevocably submit to the jurisdiction of the U.S.
federal courts, the SEC, and the Exchange for purposes of any suit,
action, or proceeding pursuant to the U.S. federal securities laws or
the rules or regulations thereunder relating to or arising out of the
activities of the Exchange.\25\ In addition, those same parties shall
be deemed to waive and agree not to assert by way of motion, as a
defense or otherwise in any such suit, action, or proceeding any claims
that they are not personally subject to the jurisdiction of the United
States federal courts, the SEC, and the Exchange that the suit, action,
or proceeding is an inconvenient forum or that the venue of the suit,
action, or proceeding is improper, or that the subject matter of that
suit, action or proceeding may not be enforced in or by such courts or
agency.\26\
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    \25\ See DEI Bylaws, Article VII., Section 7.3.
    \26\ Id.
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    These provisions ensure that, should an occasion arise that
requires regulatory cooperation or jurisdictional submission from DEI,
such cooperation will be forthcoming and uncontested.
Books and Records
    The Bylaws of DEI contain a number of provisions designed to ensure
that the Exchange has sufficient access to the books and records of
DEI. According to the DEI Bylaws, the books and records of DEI are
deemed to be the books and records of the Exchange to the extent they
are related to the operation or administration of the Exchange.\27\ In
addition, for as long as DEI controls the Exchange, DEI's books and
records shall be subject at all times to inspection and copying by the
SEC and the Exchange, provided that such books and records are related
to the operation or administration of the Exchange.\28\
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    \27\ See DEI Bylaws, Article V., Section 5.8(b).
    \28\ Id.
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    The DEI Bylaws also provide that, to the fullest extent permitted
by applicable law, all confidential information pertaining to the self-
regulatory function of the Exchange (including but not limited to
disciplinary matters, trading data, trading practices and audit
information) contained in the books and records of the Exchange that
shall come into the possession of DEI shall:
     Be retained in confidence by DEI, its stockholders,
officers, directors, employees and agents; and
     Not be used for any non-regulatory purposes.\29\
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    \29\ See DEI Bylaws, Article V., Section 5.8(a).
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    The foregoing, however, shall not limit or impede the rights of the
SEC or the Exchange to access and examine such confidential information
pursuant to the federal securities laws and the rules and regulations
thereunder, or to limit or impede the ability of any DEI stockholders,
officers, directors, employees or agents to disclose such confidential
information to the SEC or the Exchange.\30\ DEI's books and records
shall be subject at all times to inspection and copying by (a) the SEC
and (b) any Exchange, provided that such books and records are related
to the operation or administration of the Exchange.\31\ In addition,
DEI's books and records shall be maintained within the United
States.\32\
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    \30\ Id.
    \31\ See DEI Bylaws, Article V., Section 5.8(b).
    \32\ See DEI Bylaws, Article VII., Section 7.5.
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Voting the Equity of EDGX
    Currently, the DE Holdings LLC Agreement provides that DE Holdings
shall, in its capacity as the sole stockholder of EDGX, cause all
outstanding equity of EDGX owned by DE Holdings and entitled to vote
with respect to an election to be voted in accordance with the EDGA
Bylaws.\33\ Inasmuch as DE Holdings will no longer be a stockholder of
EDGX upon the consummation of this transaction, such requirements will
no longer be applicable to DE Holdings.
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    \33\ See DE Holdings LLC Agreement, Article VII., Section
7.3(b).
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    As DEI will now be the sole stockholder of EDGX, DEI shall cause
all outstanding equity of EDGX owned by DEI and entitled to vote with
respect to an election to be voted in accordance with the EDGX
Bylaws.\34\ Under Section 2.15(b) of the DEI Bylaws, with respect to
any election of directors, other than ``Owner Directors,'' \35\ or
members of the Nominating Committee or Exchange Member Nominating
Committee of the Exchange, DEI shall cause all outstanding equity of
the Exchange owned by DEI and entitled to vote to elect: (i) only those
nominees for the Nominating Committee and for the Exchange Member
Nominating Committee that are nominated in accordance with the EDGX
Bylaws; and (ii) only those directors nominated by the Nominating
Committee of the Exchange. Under Section 2.15(c) of the DEI Bylaws,
with respect to ``Owner Directors,'' DEI shall take all actions in its
capacity as a stockholder of the Exchange to vote or consent with
respect to matters concerning an Owner Director according to the
written instructions of the relevant member of DE Holdings that is
entitled to nominate such Owner Director.
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    \34\ See DEI Bylaws, Article II., Section 2.15(b).
    \35\ ``Owner Director'' is defined in Article I., Section (z) of
the EDGA Bylaws as a Director nominated by a member of DE Holdings
that holds at least a 15% percentage interest in DE Holdings and
that is elected by the stockholders of the Exchange.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\36\ in general, and with
Sections 6(b)(1) and (b)(5) of the Act,\37\ in particular, in that the
proposal enables the Exchange to be so organized as to have the
capacity to be able to carry out the purposes of the Act and to comply
with and enforce compliance by members and persons associated with
members with provisions of the Act, the rules and regulations
thereunder, and SRO rules, and is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \36\ 15 U.S.C. 78f.
    \37\ 15 U.S.C. 78f(b)(3), [sic] (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

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-EDGX-2010-02 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 Number SR-EDGX-2010-02. 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 also will be available for
inspection and copying at the principal office of EDGA. 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-EDGX-2010-02 and should be
submitted on or before July 7, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
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    \38\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-14441 Filed 6-16-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Rules and Regulations]
[Page 69564]
[FR Doc No: 2012-28128]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0979]

Drawbridge Operation Regulation; Bayou Boeuf, Amelia, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burlington Northern Santa Fe (BNSF)
Railway Company swing span bridge across Bayou Boeuf, mile 10.2, at
Amelia, St. Mary Parish, Louisiana. The deviation is necessary to
complete scheduled repairs necessitated by a bridge allision. This
deviation allows the bridge to remain in the closed-to-navigation
position for sixteen consecutive hours.

DATES: This deviation is effective from 7 a.m. through 11 p.m. on
Thursday, December 6, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0979 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0979 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Jim Wetherington, Bridge Branch Office, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The BNSF Railway Company has requested a
temporary deviation from the operating schedule of the swing span
railroad bridge across Bayou Boeuf, mile 10.2, at Amelia, St. Mary
Parish, Louisiana. The bridge provides no vertical clearance in the
closed-to-navigation position.
    In accordance with 33 CFR 117.5, the bridge currently opens on
signal for the passage of vessels. This deviation allows the vertical
lift span of the bridge to remain in the closed-to-navigation position
from 7 a.m. through 11 p.m. on Thursday, December 6, 2012.
    The closure is necessary in order to change out a shaft and reducer
gear damaged during a bridge allision earlier this year. Notices will
be published in the Eighth Coast Guard District Local Notice to
Mariners and will be broadcast via the Coast Guard Broadcast Notice to
Mariners System.
    Navigation at the site of the bridge consists mainly of tows with
barges and some recreational pleasure craft. Due to prior experience,
as well as coordination with waterway users, it has been determined
that this closure will not have a significant effect on these vessels.
An alternate route is available by using the GIWW, Morgan City to Port
Allen Alternate Route.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: November 6, 2012.
David M. Frank,
Bridge Administrator.
[FR Doc. 2012-28128 Filed 11-19-12; 8:45 am]
BILLING CODE 9110-04-P


From: Louis Wagner [ mailto: lwagner@ voyager. net]

Sent: Wednesday, August 27, 2003 12: 01 PM To: Katie Hanks Subject: Re: Fiberboard Coatings in the PCWP NESHAP As promised:

 Original Message

From: Louis Wagner To: Hunt, Timothy ; Jim Rabe ; Allison Casey ; Paul Vasquez Cc: John Bradfield Sent: Friday, May 30, 2003 1: 15 PM Subject: Fiberboard Coatings in the PCWP NESHAP In answer to EPA's question about including fiberboard asphalt coating operations in the PCWP, please suggest to them that the following wording be added to the end of the definition of Miscellaneous Coating Operations in section 63.2292 of the rule:

Miscellaneous coating operations also include the application of coatings to fiberboard and cellulosic ceiling tiles that occurs at the same site as fiberboard manufacture.

This paragraph is consistent with the wording and intent of the final NESHAP for Wood Building Products  Surface Coating. See FR Vol. 68. No. 102. pps. 31746 31788 or more specifically page 31748.

EPA staff who worked with the Surface Coating NESHAP have already recognized that the asphalt for some product lines and coatings used to convert fiberboard to ceiling tile are applied as part of the product manufacture and are virtually HAP free.

If you intend to mention this issue during the June 4, 2003 meeting with EPA, I am sure that either Jim Rabe, Allison Casey or Paul Vasquez would be happy to make the presentation as manufacturers of these products. Otherwise, feel free to present them with this email.

Louis Wagner Director of Technical Services American Fiberboard Association


Product Chemistry Science Chapter for Halohydantoins September 7, 2004 U. S. Environmental Protection Agency Office of Pesticide Programs Antimicrobials Division Nov. 21, 2002 MEMORANDUM SUBJECT: Data Evaluation Record ( DER) for the product formulations Containing: Dantobrom, Dantochlor and Glychlor.

TO: Ben Chambliss, Acting Team Leader, Team 32 Regulatory Management Branch II Antimicrobials Division ( 7510C)

FROM: A. Najm Shamim, Ph. D., Chemist Regulatory Management Branch Antimicrobials Division ( 7510C).

THRU: Connie Welch, Chief Regulatory Management Branch II Antimicrobials Division ( 7510C). Page 3 of 9 PRODUCT CHEMISTRY DATA EVALUATION RECORD For Product Formulation: ( 1) Dantobrom ( 2) Dantochlor ( 3) Glychlor Active Ingredients: ( 1) Dantobrom 1 Bromo 3 chloro 5,5 dimethylhydantoin 1,3 dichloro 5,5 dimethylhydantoin 1,3 dichloro 5 ethyl 5 methylhydantoin ( 2) Dantochlor 1,3 dichloro 5,5 dimethylhydantoin 1,3 dichloro 5 ethyl 5 methylhydantoin ( 3) Glychlor 1,3 dichloro 5,5 dimethylhydantoin BACKGROUND Registrants have submitted, in support of reregistration, six studies on the product chemistry of dihalodialkydantoins. Studies were specifically submitted for the following products: Dantobrom, Dantochlor, and Glychlor. Each product contains 1,3 dichloro 5,5 dimethylhydantoin as an active ingredient. However, Dantobrom also contains the active ingredients 1 Bromo 3 chloro 5,5 dimethylhydantoin and 1,3 dichloro 5 ethyl 5 methylhydantoin and Dantochlor also contains the active ingredient 1,3 dichloro 5 ethyl 5 methylhydantoin. These studies were reviewed for following the Group A: Series 830 Product Identity, Composition and Analysis Test Guidelines and the Group B: Series 830 Physical and Chemical Properties Guidelines. The six studies reviewed include: ( 1) Dantochlor, Phase III Reregistration Requirements, Analysis and Certification of Product Ingredients ( MRID 41953 01C); ( 2) Preliminary Analysis of Glychlor ( 6836 109) and Dantochlor ( 6836 114) ( MRID 433159 02); ( 3) Glychlor, Phase III Reregistration Requirements, Analysis and Certification of Product Ingredients ( MRID 419528 01C); ( 4) Dantobrom, Reregistration Phase II Requirements, Analysis and Certification of Product Ingredients ( MRID 419527 01C); ( 5) Preliminary Analysis of 1 Bromo 3 Chloro 5,5 Dimethylhydantoin ( BCDMH) ( MRID 424785 01); and ( 6) an unititled product chemistry data requirement chapter for DantobromTM S ( MRID 350117 010). Page 4 of 9 FINDINGS A. Product Identity, Composition and Analysis 1. Product Identity and Composition ( Guideline # 830 1550) 1. Product Names: Dantobrom, Dantochlor, and Glychlor 3. Common Names, Chemical Names, Empirical Formulas, and CAS Numbers:

1,3 dichloro 5,5 dimethylhydantoin ( DCDMH) = Dichlorodimethylhydantoin 2,4 Imidazolindinedione C 5 H 6 Cl 2 N 2 O 2 CAS Number 118 52 5 1 Bromo 3 chloro 5,5 dimethylhydantoin ( BCDMH) = Bromochlorodimethylhydantoin 2,4 Imidazolindinedione C 5 H 6 BrClN 2 O 2 CAS Number 16079 88 2 1,3 dichloro 5 ethyl 5 methylhydantoin ( DCEMH) = Dichloroethylmethylhydantoin 2,4 Imidazolindinedione C 6 H 8 Cl 2 N 2 O 2 CAS Number 89415 87 2 2. Description of Material Used to Produce the Product ( Guideline # 830 1600)

The starting materials used to produce Dantobrom   S and the specifications and methods of analysis are listed in Table 1 of the product chemistry data requirement document submitted by the Registrant for Dantobrom. The starting materials include trisodium salt of ethylenediamine tetraacetic acid, aqueous ammonia, carbon dioxide, acetone, methyl ethyl ketone, hydrogen cyanide, sodium bromide, chlorine, and caustic soda 3. Description of Production and Formulation Process ( Guideline # 830 1650)

The bromochloro 5,5 dialkyhydantoins are produced by the chlorination of a mixture of 5,5 dimethylhydantoin ( DMH) and 5 ethyl 5 methylhydantoin ( MEH) in the presence of sodium bromide. The mixed hydantoins are produced by the Bucherer Bergs reaction. The mixture of 5,5 dialkylhyddantoins is then halogenated. Page 5 of 9 Preparation of Mixed Hydantoins A stainless steel autoclave is charged with water, a trace of sodium salt of ethylenediaminetetracetic acid to chelate soluble iron, and a 20% excess of 29.7% aqueous ammonia based on stoichiometry. Carbon dioxide is added at elevated pressures until the formation of ammonium bicarbonate is complete ( the pressure stabilizes at 3.06 atm. or 2325 mm Hg). A molar equivalent of ketones, consisting of 0.8 moles acetone and 0.2 moles of methyl ethyl ketone, and hydrogen cyanide are reacted at elevated temperatures and pressure ( 71 to 80 o C, 3.06 atm. or 2326 mm Hg; finished at 4.42 atm. or 3359 mm Hg) until cyclization is complete. The aqueous mass is steamed at atmospheric pressure until its ammonia content is less than 500 ppm, and water is added to restore it to its original volume.

Preparation of Dantobrom Chlorine and dilute hydroxide are added, in about 10% molar excess, to the diluted reaction mass of the mixed hydantoins and sodium bromide at less than 25

C in the pH range of 7.2 to 7.6. The product precipitates as it forms. On reaction completion, the product is filtered, washed with water, and dried at 71 to 79 o C.

Preparation of Dantobrom S Dry product is fed from interim storage to a hopper which continuously feeds a two roll briquetting machine. The product briquettes are screened to remove fines which are then recycled to the hopper.

4. Discussion of Formation of Impurities ( Guideline # 830 1670).

The impurities formed during the production of Dantobrom   S include sodium chloride and water ( gaseous form). Sodium chloride is the by product of the reaction between aqueous sodium hydroxide and chlorine. It is removed by washing the halogenated hydantoin mixture and is measured by Analytical Method developed by registrants ( R 136). Water is given off during desiccation of the product and is measured by Registrants' Analytical Method R 125A.

5. Preliminary Analysis ( Guideline # 830 1700)

A preliminary analysis study was provided for Glychlor and Dantochlor ( MRID 433159 02) and for 1 Bromo 3 chloro 5,5 dimethylhydantoin ( MRID 424785 01). The preliminary analysis study for Glychlor and Dantochlor included analytical results on the appearance and the percent of DMH radical, MEH radical, active chlorine, chloroform insolubles, and volatiles in five batches of the two test substances. The analytical results are presented in Table 1. Page 6 of 9 Table 1: Appearance and Ingredient Concentrations of Dantochlor and Glychlor Test Substance Appearance Percent DMHradical Percent MEHradical Percent Active Chlorine Percent Chloroform Insolubles Percent Volatiles Percent Closure1 Dantochlor Fine, White, Free Flowing, Crystalline, Solid, FFVFM2 50.8 to 54.3 11.1 to 14.4 34.4 to 36.6 0.1 to 0.6 0.09 to 0.7 101 to 102 Glychlor Fine, White, Free Flowing, Crystalline, Solid, FFVFM2 63.5 to 64.0 < 0.1( below the detection limit) 36.3 to 37.9 0.04 to 0.6 0.02 to 0.08 101 to 102 1. Closure is the rounded sum of the unrounded average ingredient concentrations. 2. FFVFM = Free from visible foreign matter.

The preliminary analysis study for 1 Bromo 3 chloro 5,5 dimethylhydantoin provided the amount of bromide, chloride, and ionic chloride present in samples from five different lots. Ionic chloride is an impurity in BCDMH. The mean concentration values for each of the tested lots are presented in Table 2.

Table 2: Mean Concentration Values of Bromide, Chloride, and Ionic Chloride in BCDMH Lot Number Percent Bromide Percent Total Chloride Percent Ionic Chloride Net Percent Chloride Mean percent Assay 062492 1 32.05 15.96 0.78 15.18 99.41 61092 1 32.17 15.59 0.86 14.73 98.38 60892 1 31.71 15.73 0.81 14.92 98.08 62692 3 32.17 16.05 0.85 15.20 99.70 62592 2 30.74 15.39 0.95 14.45 95.04 In addition, Preliminary analysis results for Glychlor, Dantochlor, and Dantobrom were also provided in MRID 419528 01C, 419530 01C, and 419527 01C, respectively.

6. Certified Limits ( Guideline # 830 1750).

The certified limits for Glychlor, Dantochlor, and Dantobrom were provided by the registrants ( MRID 419528 01C, 419530 01C, and 419527 01C, respectively).

The registrants provided the analytical methods for enforcement limits are for Glychlor ( MRID 419528 01C, for Dantochlor ( MRID 419530 01C), and for Dantobrom ( MRID in 419527 01C).

7. Submittal of Samples ( Guideline # 830 1900) Not provided. Page 7 of 9 B. Physical and Chemical Properties Physical and chemical properties for Dantobrom   S were provided ( MRID 350117 010)

1. Color ( Guideline # 830 6302). Off white.

2. Physical State ( Guideline # 830 6303) The test substance is a powder.

3. Odor ( Guideline # 830 6304). A slight chlorine odor.

4. Stability to Sunlight, Normal and Elevated Temperatures, Metals/ Metal Ions ( Guideline # 830 6313) Dantobrom is stable in the dry state. It decomposes exothermally at 180

C. It is attacked by strong alkalies, acids, and moisture. It also will react with readily oxidizable materials.

5. Oxidation/ Reduction: Chemical Incompatibility ( Guideline # 830 6314) Dantobrom is an oxidizer and it will react with materials which are readily oxidized such as cellulosics, lubricating oils, and reducing agents. In that it yields oxygen readily to stimulate the combustion of organic matter, Dantobrom is classified as an oxidizer according to 49 CFR 173.151.

6. Flammability/ Flame Extension ( Guideline # 830 6315) Not Applicable 7. Explodibility ( Guideline # 830 6316). Not Applicable.

8. Storage Stability ( Guideline # 830 6317). DantoBromTM was stored for 18 months period at room temperature in a virgin polyethylene bag in a fiber drum. Total halogen as bromine was 71.5% at the start and at 71% at the end of the experiment.

9. Miscibility ( Guideline # 830 6319). Not Applicable 10. Corrosion Characteristics ( Guideline # 830 6320) Dantobrom does not attack low density polyethylene. It is not corrosive to metals in the complete absence of water. In the presence of traces of moisture it will attack galvanized iron, stainless steel, copper, and bronze.

11. Dielectric Breakdown Voltage ( Guideline # 830 6321). Not Applicable.

12. pH of Water Solutions or Suspensions ( Guideline # 830 7000) ( 1% slurry at 25

C), the pH was determined to be 3.6. Page 8 of 9 13. UV/ VIS Absorption ( Guideline # 830 7000) Not Applicable.

14. Viscosity ( Guideline # 830 71000). Not Applicable 15. Melting Point/ Melting Range ( Guideline # 830 7200) The melting range of Dantobrom is between 120 and 148

C.

16. Boiling Point/ Boiling Range ( Guideline # 830 7220). Not Applicable 17. Density/ Relative Density/ Bulk Density ( Guideline # 830 7300) When packed, the bulk density of Dantobrom is 60 lbs/ ft 3 ).

18. Dissociation Constant in Water ( Guideline # 830 7370) Not Applicable.

19. Particle Size, Fiber Length, and Diameter Distribution ( Guideline # 830 7520) Not Applicable.

20. KOW ( n Octanol/ H2O) ( Guideline # 830 7550, 7560, and 7570) Registrants did not provide the data.

21. Water Solubility: ( Guideline # 830 7840, 7860). The solubility of Dantobrom in water at 25

C is 0.54 grams/ 100 grams. Dissolution process is accompanied by hydrolysis.

22. Vapor Pressure ( Guideline # 830 7950). Not Applicable.

Conclusions and Recommendations:

The product Chemistry data has been reviewed and is acceptable. However, registrants are required to submit the K OW and solubilities of the test substance in non aqueous solvents. Page 9 of 9 BIBLIOGRAPHY Kastra, H. P. ( 1991) " Dantobrom, Reregistration Phase II Requirements, Analysis and Certification of Product Ingredients". MRID# 419527 01C.

Severs, L. W. ( 1992) " Preliminary Analysis of 1 Bromo 3 Chloro 5,5 Dimethylhydantoin ( BCDMH)". MRID# 424785 01.

Sloan, R. J. ( 1994) " Preliminary Analysis of Glychlor ( 6836 109) and Dantochlor ( 6836 114)". MRID# 433159 02.

Katstra, H. P. ( 1991) " Glychlor, Phase II Reregistration Requirements, Analysis and Certification of Product Ingredients". MRID# 419528 01C.

Kastra, H. P. ( 1991) " Dantochlor, Reregistration Phase II Requirements, Analysis and Certification of Product Ingredients". MRID# 419530 01C.

Unknown Author. ( Unknown) " Product chemistry data requirements". MRID# 350117 010.


[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Notices]
[Pages 55882-55883]
[FR Doc No: 2015-23286]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75902; File No. SR-BATS-2015-74]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees To Adopt a Tape B Volume Tier

September 11, 2015.
    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 9, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange filed a proposal to amend its fees and rebates
applicable to Members \5\ of the Exchange pursuant to Rule 15.1(a) and
(c) (``Fee Schedule'') to adopt a Tape B Volume Tier.
---------------------------------------------------------------------------

    \5\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Currently, the Exchange offers a rebate of $0.0020 per share as the
standard rebate for orders with fee code B, which applies to orders
that add liquidity to the Exchange in Tape B securities. The Exchange
also offers various tiers that provide Members with the opportunity to
earn higher rebates by meeting certain volume metrics, including the
Cross-Asset Tape B Tier which provides a $0.0031 per share rebate to a
Member's orders with a fee code of B for which the Member: (1) Has a
Tape B Step-Up Add TCV \6\ from February 2015 that is equal to or
greater than 0.06%; and (2) has an Options Market Maker Add TCV \7\
that is equal to or greater than 0.75% on the BATS Options.
---------------------------------------------------------------------------

    \6\ As provided in the fee schedule, for purposes of BATS
Equities pricing, ``Tape B Step-Up Add TCV'' means ADAV in Tape B
securities as a percentage of TCV in the relevant baseline month
subtracted from current ADAV in Tape B securities as a percentage of
TCV.
    \7\ As provided in the fee schedule, for purposes of BATS
Equities pricing, ``Options Market Maker Add TCV'' for purposes of
equities pricing means ADAV resulting from Market Maker orders as a
percentage of TCV, using the definitions of ADAV, Market Maker and
TCV as provided under the Exchange's fee schedule for BATS Options.
---------------------------------------------------------------------------

    The Exchange is proposing to adopt a new tier in footnote 13 titled
``Tape B Volume Tier.'' Under the Tape B Volume Tier, the Exchange is
proposing to provide a $0.0027 per share rebate to a Member's orders
with a fee code of B for which the Member's Tape B ADAV as a percentage
of TCV is equal to or greater than 0.08%. As is the case with any other
rebates on the fee schedule, to the extent that a Member qualifies for
higher rebates than those provided under the proposed Tape B Volume
Tier, the higher rebates shall apply.
Implementation Date
    The Exchange proposes to implement this amendment to its Fee
Schedule immediately.\8\
---------------------------------------------------------------------------

    \8\ The Exchange initially filed the proposed fee change on
August 31, 2015 (SR-BATS-2015-66). On September 2, 2015, the
Exchange withdrew that filing and submitted filing SR-BATS-2015-70.
On that same day, the Exchange withdrew SR-BATS-2015-70 and
submitted SR-BATS-2015-72. On September 9, 2015, the Exchange
withdrew SR-BATS-2015-72 and submitted this filing.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The proposed rule change reflects a competitive
pricing structure designed to incent market participants to direct
their order flow to the Exchange. The Exchange believes that the
proposed rates are equitable and non-discriminatory in that they apply
uniformly to all Members. The Exchange believes the fees and credits
remain competitive with those charged by other venues and therefore
continue to be reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Volume-based rebates and fees such as the proposed Tape B Volume
Tier have been widely adopted by equities and options exchanges and are
equitable because they are open to all Members on an equal basis and
provide additional benefits or discounts that are reasonably related to
the value to an exchange's market quality associated with higher levels
of market activity, such as higher levels of liquidity provision and/or
growth patterns, and introduction of higher volumes of orders into the
price and volume discovery processes.
    The Exchange believes that the proposal to add a Tape B Volume Tier
is a reasonable, fair and equitable, and not unfairly discriminatory
allocation of fees and rebates because it will provide Members with an
additional incentive to reach certain thresholds on both [sic] the
Exchange in Tape B securities. Such pricing programs thereby reward a
Member's growth pattern in Tape B securities and such increased volume
increases potential revenue to the Exchange, and will allow the
Exchange to continue to provide and potentially expand the incentive
programs operated by the Exchange. Further, the proposed changes will
result in Members receiving either the same or an increased rebate than
they would currently receive. The Exchange also notes that the proposed
Tape B Volume Tier is similar to pricing tier already employed by the
Exchange as well as on

other exchanges, including EDGX Exchange, Inc. (``EDGX''), which
maintains a Tape B Step Up tier to incentivize added liquidity in Tape
B securities.\11\
---------------------------------------------------------------------------

    \11\ See EDGX fee schedule, footnote 2.
---------------------------------------------------------------------------

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

    The Exchange does not believe its proposed amendments to its Fee
Schedule would impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed changes represent a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets.
    The Exchange does not believe that the proposed new tier would
burden competition, but instead, enhances competition, as they [sic]
are intended to increase the competitiveness of and draw additional
volume to the Exchange. As stated above, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily direct order flow to competing venues if the deem fee
structures to be unreasonable or excessive. The proposed changes are
generally intended to enhance the rebates for liquidity added to the
Exchange, which is intended to draw additional liquidity to the
Exchange. The Exchange does not believe the proposed tier would burden
intramarket competition as they [sic] would apply to all Members
uniformly.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4
thereunder.\13\ 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.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2015-74 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BATS-2015-74. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BATS-2015-74, and should be
submitted on or before October 8, 2015.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Brent J. Fields,
Secretary.
[FR Doc. 2015-23286 Filed 9-16-15; 8:45 am]
BILLING CODE 8011-01-P


and kidney atrophy/tubular casts in both sexes; hepatic necrosis and
gross/ microscopic ulcerations/lesions in the glandular and
fore-stomachs in males.

No evidence of carcinogenicity

870.4300

Carcinogenicity

(mouse)	45118330 (1999) Unacceptable/guideline

M: 0, 10, 30, 120 ppm

0, 1.4, 4.1, 17.2 mg/kg/day

F: 0, 10, 30, 120, 180 ppm

0, 1.6, 4.8, 20.5, 32.8 mg/kg/day	NOAEL =  M: 4.1 mg/kg/day

	     F:  32.8 mg/kg/day

LOAEL =  M: 17.1 mg/kg/day based on decrease in body weight gain (20%)
at 13 weeks which was supported by the results of a 90-day study.

	    F >32.8 mg/kg/day

Inadequate dosing in females based on CARC Report dated 10/22/03 (TXR #
0051445)

No evidence of carcinogenicity

Gene Mutation

870.870.5100

Bacterial reverse mutation assay	45118332 (1997)

Acceptable/guideline	Negative  ± S9 up to 5,000 μg/plate by standard
plate and tube preincubation. No cytotoxicity at any dose but there was
precipitation at ≥2,500 μg/plate.

Gene Mutation

870.5300

Mammalian cell culture	45118335 (1998)

Acceptable/guideline	Negative  ± S9 up to cytotoxic and precipitating
concentration of 20 μg/mL

Cytogenetics (in vitro)

870.5375 Chromosomal aberrations	45118333 (1999)

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㐀ۖĀ̊dਃ昀Ĵ瑹ྷí܀± S9 for clastogenic/aneugenic activity
up to 25 μg/mL.  Precipitation and cytotoxicity (reduced cell
attachment and poor quality of metaphases) were seen at concentrations
≥50  μg/mL.

Cytogenetics

870.5395

Micronucleus test in mouse	45118334 (1998)

Acceptable/guideline	Negative for clastogenic/aneugenic activity up to
the highest dose tested (300 mg/kg).  In a preliminary study, doses
≥400 mg/kg caused death.

Unscheduled DNA synthesis

870.5550

Rat hepatocyte culture	45118336 (1998)

Acceptable/guideline	Negative up to a cytotoxic concentration of 1.0
µg/mL.

870.6200a

Acute neurotoxicity screening (rat)	45118337(1999)

Acceptable/guideline

0, 100, 300, 1000 mg/kg	Neurotoxicity NOAEL = 1000 mg/kg

M/F LOAEL >1000 mg/kg

Systemic M/F NOAEL = 300/1000 mg/kg

M/F LOAEL 1000/ >1000 mg/kg based on ↓body weight gain in males.

870.6200b

Subchronic neurotoxicity screening (rat)	45118401 (1999)

Acceptable/guideline

0, 50, 250, 750 (M)/1500 (F) ppm

M: 0, 3.5, 16.9, 49.9 mg/kg/day

F: 0, 4.0, 20.4, 111.9 mg/kg/day	Neurotoxicity M/F NOAEL =  49.9/111.9
mg/kg/day

M/F LOAEL  >49.9/111.9 mg/kg/day.

Systemic M/F NOAEL =  16.9/20.4 mg/kg/day

M/F LOAEL =  49.9/111.9 mg/kg/day based on ↓ body weight gain, and ↓
food intake/efficiency.

870.7485

Metabolism and pharmacokinetics

(rat)	 45118403 (1998)

 45118404 (1999)

Acceptable/guideline	Nearly 35% of an oral dose of pyraclostrobin is
absorbed with urinary and fecal excretions accounting for about 15% and
85%, respectively, and bile elimination accounted for about 30%. Two
peak plasma concentrations were reached at 0.5-1 and 8 hours with lower
plasma concentrations in males than females (by 16-38%) during the early
peak phase.  Elimination was biphasic at a low dose with plasma half
lives of nearly 10/35 hours and monophasic at a high dose with a
half-life of nearly 20 hours.  Tissue distribution was fast, peaking at
0.5 hours, and was slightly higher among females.  Some of the highest
concentrations were found in the liver, thyroid, kidney, lung, adrenal
glands, and pancreas but all levels dropped by more than 20-fold within
72 hours. About 33 metabolites were identified in urine, feces, and bile
with no sex- or dose-related differences but the position of the label
seemed to alter the profile, particularly in the urine.  Desmethoxy
pyraclostrobin (500M07) is one of the major metabolites in rat and is
also found in large amounts in plants (BF 500-3) and livestock (500M07).
 The rat metabolic pathway included phase-I reactions such as
N-demethoxylation, various hydroxylations, and cleavage of the ether
bond with subsequent oxidation; these reactions were followed by phase
II glucuronidation and sulfation.

870.7600

Dermal penetration

(rat)	45118402 (1999) Unacceptable/guideline (most of the test material
was retained on the dressing and was unavailable for absorption;
therefore, actual dose cannot be determined. 	The HIARC calculated and
recommended a dermal penetration rate of 14% (report dated 2/10/03; TXR
# 0051553)

Appendix B: Rationale for Toxicity Data Requirement  TC \l1 "Appendix B:
Rationale for Toxicity Data Requirement

Appendix B:  Rationale for Toxicity Data Requirements

OPPTS Guideline Number:  870.7800

Study Title:  Immunotoxicity

Rationale for Requiring the Data

	The immunotoxicity study is a new data requirement under 40CFR §158 as
a part of the data requirements for registration of a pesticide (food
and non-food uses).

	The Immunotoxicity Test Guideline (OPPTS 870.7800) prescribes
functional immunotoxicity testing, and is designed to evaluate the
potential of a repeated chemical exposure to produce adverse effects
(such as suppression) on the immune system.  Immunosuppression is a
deficit in the ability of the immune system to respond to a challenge of
bacterial or viral infections, such as tuberculosis (TB), Severe
Acquired Respiratory Syndrome (SARS), or neoplasia.  Because the immune
system is highly complex, studies not specifically conducted to assess
immunotoxic endpoints are inadequate to characterize a pesticide’s
potential immunotoxicity.  While data from hematology, lymphoid organ
weights, and histopathology in routine chronic or subchronic toxicity
studies may offer useful information on potential immunotoxic effects,
these endpoints alone are insufficient to predict immunotoxicity.

Practical Utility of the Data

How will the data be used?

	Immunotoxicity studies provide critical scientific information needed
to characterize potential hazard to the human population on the immune
system from pesticide exposure.  Since epidemiologic data on the effects
of chemical exposures on immune parameters are limited, and are
inadequate to characterize a pesticide’s potential immunotoxicity in
humans, animal studies are used as the most sensitive endpoint for risk
assessment.  These animal studies can be used to select endpoints and
doses for use in risk assessment of all exposure scenarios, and are
considered a primary data source for reliable reference dose
calculation.  For example, animal studies have demonstrated that
immunotoxicity in rodents is one of the more sensitive manifestations of
TCDD (2,3,7,8-tetrachlorodibenzo-p-dioxin) among developmental,
reproductive and endocrinologic toxicities.  Additionally, the EPA has
established an oral reference dose (RfD) for tributyltin oxide (TBTO),
based on observed immunotoxicity in animal studies (IRIS, 1997).

How could the data impact the Agency's future decision-making?

	If the immunotoxicity study shows that the test material poses either a
greater or a diminished risk than that given in the interim decision’s
conclusion, the risk assessments for the test material may need to be
revised to reflect the magnitude of potential risk derived from the new
data.

 	If the Agency does not have these data, a 10X database UF may be
applied for conducting a risk assessment from the available studies.

Page   PAGE  1  of   NUMPAGES  50


[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13838-13839]
[FR Doc No: 2023-04506]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2023-0097]

National Navigation Safety Advisory Committee Meeting; March 2023
Meetings

AGENCY: U.S. Coast Guard, Department of Homeland Security.

ACTION: Notice of Federal Advisory Committee meetings.

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

SUMMARY: The National Navigation Safety Advisory Committee (Committee)
will conduct a series of meetings over 2 days in Portsmouth, Virginia
to discuss matters relating to maritime collisions, rammings, and
groundings; Inland Rules of the Road; International Rules of the Road;
navigation regulations and equipment; routing measures; marine
information; and aids to navigation systems. All meetings will be open
to the public.

DATES:
    Meetings: The Committee will hold meetings on Tuesday, March 28,
and Wednesday, March 29, 2023, from 8 a.m. to 5:30 p.m. Eastern
Daylight Time (EDT). Please note these meetings may adjourn early if
the Committee has completed its business.
    Comments and supporting documents: To ensure your comments are
reviewed by Committee members before the meetings, submit your written
comments no later than March 14, 2023.

ADDRESSES: The meetings will be held at the Renaissance Portsmouth-
Norfolk Waterfront hotel located at 425 Water Street, Portsmouth, VA
23704, website: https://www.marriott.com/en-us/hotels/orfpt-renaissance-portsmouth-norfolk-waterfront-hotel/overview/. The meetings
will also be held virtually. To join the virtual meetings, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section no
later than 1 p.m., EDT on March 24, 2023, to obtain the needed
information. The number of virtual lines are limited and will be
available on a first-come first-served basis.
    Pre-registration information: Pre-registration is required for
attending virtual meetings. You must request attendance by contacting
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice. You will receive a response with attendance instructions.
    Attendees at the in-person meetings will be required to follow
COVID-19 safety guidelines promulgated by the Centers for Disease
Control and Prevention (CDC), which may include the need to wear masks.
CDC guidance on COVID protocols can be found here: https://www.cdc.gov/coronavirus/2019-ncov/communication/guidance.html.

    The National Navigation Safety Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodations due to a disability to
fully participate, please email Lieutenant Ryan Burk at
[email protected] or call<PHONE_NUMBER> as soon as possible.
    Instructions: You are free to submit comments at any time,
including orally at the meeting as time permits, but if you want
Committee members to review your comment before the meeting, please
submit your comments no later than March 14, 2023. We are particularly
interested in comments regarding the topics in the ``Agenda'' section
below. We encourage you to submit comments through the Federal
eRulemaking Portal at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov call or email the
individual in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions. You must include the docket number
[USCG-2023-0097]. Comments received will be posted without alteration
at https://www.regulations.gov, including any personal information
provided. You may wish to view the Privacy and Security Notice
available on the homepage of https://www.regulations.gov. For more
about the privacy and submissions in response to this document, see
DHS's eRulemaking System of Records notice (85 FR 14226, March 11,
2020). If you encounter technical difficulties with comment submission,
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this notice.
    Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comment, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.

FOR FURTHER INFORMATION CONTACT: Lieutenant Ryan Burk, Alternate
Designated Federal Officer of the National Navigation Safety Advisory
Committee, 2703 Martin Luther King Jr Ave, SE, Stop 7418, Washington,
DC 20593-7418, telephone<PHONE_NUMBER>, or email [email protected].

SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act (Pub. L. 117-286, 5 U.S.C., ch. 10).
The National Navigation Safety Advisory Committee is authorized by
section 601 of the Frank LoBiondo Act of 2018 and is codified in 46
U.S.C. 15107. The Committee operates under the provisions of the
Federal Advisory Committee Act and 46 U.S.C. 15109. The Committee
provides advice the Secretary of Homeland Security via the Commandant
of the U. S. Coast Guard on matters relating to maritime collisions,
rammings, and groundings; Inland Rules of the Road; International Rules
of the Road; navigation regulations and equipment; routing measures;
marine information; and aids to navigation systems.

Agenda

Day 1

    The agenda for the March 28, 2023, meeting is as follows:
    (1) Call to order.
    (2) Introduction.
    (3) Remarks by the Chairman and the Designated Federal Officer
(DFO).
    (4) Roll call of Committee members and determination of a quorum.
    (5) Presentations on electronic charts and navigation equipment
carriage requirements, and navigation safety in and around Offshore
Renewable Energy Installations (OREI).
    (6) Presentation of Tasks. Following the above presentations, the
Committee Chairman and the DFO will form subcommittees to discuss the
following task statements:
    (a) Task Statement 21-01, Electronic Charts and Navigational
Equipment Carriage Requirements.
    (b) Task Statement 23-01: Review of NVIC 01-19 (CH 1) which
incorporated recommendations provided by Committee Resolution 21-02--
Navigation Safety in and around Offshore Renewable Energy Installations
    (c) Task Statement 23-02: Defining the term ``prudent mariner''
referenced in the Rules of the Road, on nautical charts and in
navigation publications.
    (d) Task Statement 23-03: Recommendation to clarify the term
``crosses a navigational channel'' as used in Rules of the Road, Rule
27.
    (7) Public comment period.
    (8) Report by Subcommittees on accomplishments.
    (9) Adjournment of meeting.

Day 2

    The agenda for the March 29, 2023, meeting is as follows:
    (1) Call to order.
    (2) Introduction.
    (3) Remarks by the Chairman and the DFO.
    (4) Roll call of Committee members and determination of a quorum.
    (5) Subcommittee discussions continued from Tuesday, March 28,
2023.
    (6) Public comment period.
    (7) Subcommittee reports presented to the Committee.
    (8) Schedule next meeting date.
    (9) Closing remarks by the Chairman and the DFO.
    (10) Adjournment of meeting.
    A copy of all meeting documentation will be available, by March 14,
2023, by going to the Coast Guard Homeport website, https://homeport.uscg.mil, selecting the Missions tab, and navigating to the
Federal Advisory Committees section. Alternatively, you may contact
Lieutenant Ryan Burk as noted in the FOR FURTHER INFORMATION CONTACT
section.
    A public comment period will be held during each Committee meeting
concerning matters being discussed. Speakers are requested to limit
their comments to 3 minutes. Please note that this public comment
period may end before the period allotted following the last call for
comments.
    Please contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section above to register as a speaker.

    Dated: March 1, 2023.
Michael D. Emerson,
Director, Marine Transportation Systems.
[FR Doc. 2023-04506 Filed 3-3-23; 8:45 am]
BILLING CODE 9110-04-P