[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Page 41949]
[FR Doc No: 2017-18723]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2345-000]

EC&R Energy Marketing, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
EC&R Energy Marketing, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 18, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: August 29, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-18723 Filed 9-1-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2655-2662]
[FR Doc No: 2022-00750]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93949; File No. SR-MEMX-2021-21]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend the
Exchange's Fee Schedule

January 11, 2022.
    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 December 30, 2021, MEMX LLC (``MEMX'' or the ``Exchange'')
filed with the Securities and Exchange Commission (the ``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 is filing with the Commission a proposed rule change
to amend the Exchange's fee schedule applicable to Members \3\ (the
``Fee Schedule'') pursuant to Exchange Rules 15.1(a) and (c). The
Exchange proposes to implement the changes to the Fee Schedule pursuant
to this proposal on January 3, 2022. The text of the proposed rule
change is provided in Exhibit 5.
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    \3\ See Exchange Rule 1.5(p).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Fee
Schedule to: (i) Reduce the standard rebate for executions of orders in
securities priced at or above $1.00 per share that add displayed
liquidity to the Exchange (such orders, ``Added Displayed Volume'');
(ii) modify the Liquidity Provision Tiers by reducing the rebate for
executions of Added Displayed Volume and modifying the required
criteria under Liquidity Provision Tier 1, modifying the required
criteria under Liquidity Provision Tier 2, and adopting a new Liquidity
Provision Tier 3; (iii) modify Liquidity Removal Tier 1 by increasing
the fee for executions of orders in securities priced at or above $1.00
per share that remove liquidity from the Exchange (such orders,
``Removed Volume'') and modifying the required criteria under such
tier; (iv) modify the Displayed Liquidity Incentive (``DLI'') Tiers by
reducing the rebates for executions of Added Displayed Volume under DLI
Tiers 1 and 2 and adopting a new additive rebate for executions of
Added Displayed Volume applicable to DLI Tiers 1 and 2; and (v) modify
the Exchange's pricing for executions of orders in securities priced
below $1.00 per share that remove liquidity from the Exchange (such
orders, ``Removed Sub-Dollar Volume'') and orders in securities priced
below $1.00 per share that add non-displayed liquidity to the Exchange
(such orders, ``Added Non-Displayed Sub-Dollar Volume'').
    The Exchange first 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 or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues, to
which market participants may direct their order flow. Based on
publicly available information, no single registered equities exchange
currently

has more than approximately 17% of the total market share of executed
volume of equities trading.\4\ Thus, in such a low-concentrated and
highly competitive market, no single equities exchange possesses
significant pricing power in the execution of order flow, and the
Exchange currently represents approximately 4% of the overall market
share.\5\ The Exchange in particular operates a ``Maker-Taker'' model
whereby it provides rebates to Members that add liquidity to the
Exchange and charges fees to Members that remove liquidity from the
Exchange. The Fee Schedule sets forth the standard rebates and fees
applied per share for orders that add and remove liquidity,
respectively. Additionally, in response to the competitive environment,
the Exchange also offers tiered pricing, which provides Members with
opportunities to qualify for higher rebates or lower fees where certain
volume criteria and thresholds are met. Tiered pricing provides an
incremental incentive for Members to strive for higher tier levels,
which provides increasingly higher benefits or discounts for satisfying
increasingly more stringent criteria.
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    \4\ Market share percentage calculated as of December 29, 2021.
The Exchange receives and processes data made available through
consolidated data feeds (i.e., CTS and UTDF).
    \5\ Id.
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Reduced Standard Rebate for Added Displayed Volume
    Currently, the Exchange provides a standard rebate of $0.0028 per
share for executions of Added Displayed Volume. The Exchange now
proposes to reduce the standard rebate for executions of Added
Displayed Volume to $0.0022 per share.\6\ The purpose of reducing the
standard rebate for executions of Added Displayed Volume is for
business and competitive reasons, as the Exchange believes that the
reduction of such rebate would decrease the Exchange's expenditures
with respect to its transaction pricing in a manner that is still
consistent with the Exchange's overall pricing philosophy of
encouraging added displayed liquidity. The Exchange notes that despite
the reduction proposed herein, the proposed standard rebate for
executions of Added Displayed Volume (i.e., $0.0022 per share) remains
higher than, and competitive with, the standard rebates provided by
other exchanges for executions of orders in securities priced at or
above $1.00 per share that add displayed liquidity.\7\
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    \6\ This proposed standard pricing for executions of Added
Displayed Volume is referred to by the Exchange on the Fee Schedule
under the existing description ``Added displayed volume'' with a Fee
Code of ``B'', ``D'' or ``J'', as applicable.
    \7\ See, e.g., the NYSE Arca, Inc. equities trading fee schedule
on its public website (available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf), which
reflects a standard rebate of $0.0020 per share for executions of
orders in securities priced at or above $1.00 per share that add
displayed liquidity; the Cboe BZX Exchange, Inc. (``Cboe BZX'')
equities trading fee schedule on its public website (available at
https://www.cboe.com/us/equities/membership/fee_schedule/bzx/),
which reflects a standard rebate of $0.0018 per share for executions
of orders in securities priced at or above $1.00 per share that add
displayed liquidity; the Nasdaq Stock Market LLC Price List--Trading
Connectivity (available at http://nasdaqtrader.com/Trader.aspx?id=PriceListTrading2), which reflects a standard rebate
of $0.0020 per share for executions of orders in Tape A and Tape B
securities priced at or above $1.00 per share that add displayed
liquidity and a standard rebate of $0.0015 per share for executions
of orders in Tape C securities priced at or above $1.00 per share
that add displayed liquidity.
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Liquidity Provision Tiers
    The Exchange currently offers Liquidity Provision Tiers in which
qualifying Members are provided an enhanced rebate for executions of
Added Displayed Volume by achieving certain specified volume criteria.
Now, the Exchange proposes to modify its Liquidity Provision Tiers by
reducing the rebate for executions of Added Displayed Volume and
modifying the required criteria under Liquidity Provision Tier 1,
modifying the required criteria under Liquidity Provision Tier 2, and
adopting a new Liquidity Provision Tier 3.
    First, the Exchange proposes to reduce the rebate for executions of
Added Displayed Volume under Liquidity Provision Tier 1 from $0.00335
per share to $0.00325 per share.\8\ The Exchange believes that the
proposed rebate represents only a modest decrease from the current
rebate provided for executions of Added Displayed Volume under
Liquidity Provision Tier 1. The purpose of reducing the enhanced rebate
for executions of Added Displayed Volume under Liquidity Provision Tier
1 is for business and competitive reasons, as the Exchange believes the
reduction of such rebate would decrease the Exchange's expenditures
with respect to its transaction pricing in a manner that is still
consistent with the Exchange's overall pricing philosophy of
encouraging added displayed liquidity. The Exchange also proposes to
modify the required criteria under Liquidity Provision Tier 1.
Currently, a Member qualifies for Liquidity Provision Tier 1 by
achieving an ADAV \9\ of at least 0.20% of the TCV.\10\ Now, the
Exchange proposes to modify this required criteria such that a Member
would now qualify for Liquidity Provision Tier 1 by achieving an ADAV
of at least 0.25% of the TCV. Thus, such proposed change would increase
the ADAV threshold, which is designed to encourage Members to maintain
or increase their orders that add liquidity on the Exchange. The
Exchange believes that the tier, as proposed, would further incentivize
increased order flow to the Exchange, thereby promoting price discovery
and contributing to a deeper and more liquid market to the benefit of
all market participants.
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    \8\ The proposed pricing for Liquidity Provision Tier 1 is
referred to by the Exchange on the Fee Schedule under the existing
description ``Added displayed volume, Liquidity Provision Tier 1''
with a Fee Code of ``B1'', ``D1'' or ``J1'', as applicable, to be
provided by the Exchange on the monthly invoices provided to
Members. The Exchange notes that because the determination of
whether a Member qualifies for a certain pricing tier for a
particular month will not be made until after the month-end, the
Exchange will provide the Fee Codes otherwise applicable to such
transactions on the execution reports provided to Members during the
month and will only designate the Fee Codes applicable to the
achieved pricing tier on the monthly invoices, which are provided
after such determination has been made, as the Exchange does for its
tier-based pricing today.
    \9\ As set forth on the Fee Schedule, ``ADAV'' means the average
daily added volume calculated as the number of shares added per day,
which is calculated on a monthly basis.
    \10\ As set forth on the Fee Schedule, ``TCV'' means total
consolidated volume calculated as the volume reported by all
exchanges and trade reporting facilities to a consolidated
transaction reporting plan for the month for which the fees apply.
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    Next, the Exchange proposes to modify the required criteria under
Liquidity Provision Tier 2. Currently, a Member qualifies for Liquidity
Provision Tier 2 by achieving an ADAV that is greater than or equal to
0.10% of the TCV. Now, the Exchange proposes to modify this required
criteria such that a Member would now qualify for Liquidity Provision
Tier 2 by achieving either: (1) An ADAV of at least 0.20% of the TCV;
or (2) a Step-Up ADAV \11\ from December 2021 of at least 0.05% of the
TCV. Thus, such proposed changes would increase the ADAV threshold and
provide an alternative Step-Up ADAV threshold that a Member may choose
to achieve in order to qualify for Liquidity Provision Tier 2 that is
based on such Member increasing its ADAV above its December 2021 ADAV,
each of which is designed to encourage Members to maintain or increase
their orders that add liquidity on the Exchange. The Exchange believes
that the tier, as proposed, would further incentivize increased order
flow to the Exchange, thereby promoting price discovery and
contributing to a deeper

and more liquid market to the benefit of all market participants. The
Exchange does not propose to change the pricing under Liquidity
Provision Tier 2.
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    \11\ As set forth on the Fee Schedule, ``Step-Up ADAV'' means
ADAV in the relevant baseline month subtracted from current ADAV.
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    Additionally, the Exchange is proposing to adopt a new Liquidity
Provision Tier 3 in which it would provide an enhanced rebate of
$0.0027 per share for executions of Added Displayed Volume for Members
that qualify by achieving an ADAV of at least 0.05% of the TCV.\12\ The
Exchange proposes to provide Members that qualify for Liquidity
Provision Tier 3 a rebate of 0.05% of the total dollar value of the
transaction for executions of orders in securities priced below $1.00
per share that add displayed liquidity to the Exchange, which is the
same rebate that is applicable to such executions for all Members. The
proposed Liquidity Provision Tier 3 is designed to encourage Members to
maintain or increase their orders that add liquidity on the Exchange in
order to qualify for an enhanced rebate for executions of Added
Displayed Volume, which, in turn, the Exchange believes would encourage
the submission of additional Added Displayed Volume to the Exchange,
thereby promoting price discovery and contributing to a deeper and more
liquid market to the benefit of all market participants. Further, the
proposed new Liquidity Provision Tier 3 would provide Members that
would not qualify for Liquidity Provision Tiers 1 and 2 with an
opportunity to still qualify for an enhanced rebate for executions of
Added Displayed Volume in a manner that, coupled with the higher
enhanced rebates provided under Liquidity Provision Tiers 1 and 2, as
described above, provides increasingly higher benefits for satisfying
increasingly more stringent criteria.
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    \12\ The proposed pricing for Liquidity Provision Tier 3 is
referred to by the Exchange on the Fee Schedule under the new
description ``Added displayed volume, Liquidity Provision Tier 3''
with a Fee Code of ``B3'', ``D3'' or ``J3'', as applicable.
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Liquidity Removal Tier 1
    Currently, the Exchange charges a standard fee of $0.0029 per share
for executions of Removed Volume. The Exchange also currently offers
Liquidity Removal Tier 1 in which qualifying Members are charged a
lower fee of $0.0027 per share for executions of Removed Volume by
achieving either: (1) A Step-Up ADAV from October 2021 of at least
0.05% of the TCV; or (2) an ADV of at least 0.55% of the TCV. Now, the
Exchange proposes to increase the fee charged for executions of Removed
Volume under such tier and modify the required criteria under such
tier. Specifically, the Exchange proposes to charge a fee of $0.0028
per share for executions of Removed Volume for Members that qualify for
Liquidity Removal Tier 1 by achieving either: (1) An ADAV of at least
0.50% of the TCV; or (2) an ADV of at least 0.70% of the TCV.
    The Exchange believes that the proposed fee represents only a
modest increase from the current fee charged for executions of Removed
Volume under Liquidity Removal Tier 1. The purpose of increasing such
fee is for business and competitive reasons, as the Exchange believes
that increasing such fee would generate additional revenue to offset
some of the costs associated with the Exchange's current transaction
pricing structure, which provides various rebates for liquidity-adding
orders, and the Exchange's operations generally, in a manner that is
still consistent with the Exchange's overall pricing philosophy of
encouraging added liquidity. The Exchange notes that the proposed
changes to the required criteria under Liquidity Removal Tier 1 would
replace the current Step-Up ADAV threshold with an ADAV threshold that
is not based on a Member's ADAV from a prior month (but that is a
higher percentage of the TCV) and would increase the alternative ADV
threshold. Thus, the purpose of the proposed changes to the required
criteria is to encourage Members to maintain or increase their order
flow to the Exchange. The Exchange believes that the tier, as proposed,
would further incentivize increased order flow to the Exchange, thereby
promoting price discovery and contributing to a deeper and more liquid
market to the benefit of all market participants.
    The Exchange notes that it is also proposing to change the fee
charged under Liquidity Removal Tier 1 for executions of Removed Sub-
Dollar Volume, as further described below.
DLI Tiers and DLI Additive Rebate
    The Exchange currently offers DLI Tiers 1 and 2 in which qualifying
Members are provided an enhanced rebate for executions of Added
Displayed Volume. The DLI Tiers are designed to encourage Members,
through the provision of such enhanced rebates for executions of Added
Displayed Volume, to promote price discovery and market quality by
quoting at the NBBO for a significant portion of each day in a large
number of securities, generally, and in a targeted group of securities
(i.e., the DLI Target Securities), in particular, thereby benefitting
the Exchange and investors by providing improved trading conditions for
all market participants through narrower bid-ask spreads and increased
depth of liquidity available at the NBBO in a broad base of securities,
including the DLI Target Securities specifically, and committing
capital to support the execution of orders.\13\ Now, the Exchange
proposes to modify its DLI Tiers by reducing the rebates for executions
of Added Displayed Volume under DLI Tiers 1 and 2 and adopting a new
additive rebate for executions of Added Displayed Volume applicable to
DLI Tiers 1 and 2.
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    \13\ See the Exchange's Fee Schedule (available at https://info.memxtrading.com/fee-schedule/) for additional details regarding
the Exchange's DLI Tiers and DLI Target Securities. See also
Securities Exchange Act Release No. 92150 (June 10, 2021), 86 FR
32090 (June 16, 2021) (SR-MEMX-2021-07) (notice of filing and
immediate effectiveness of fee changes adopted by the Exchange,
including the adoption of DLI).
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    First, the Exchange proposes to reduce the rebates for executions
of Added Displayed Volume under DLI Tiers 1 and 2. Currently, the
Exchange provides enhanced rebates of $0.0035 per share under DLI Tier
1 and $0.0034 per share under DLI Tier 2 for executions of Added
Displayed Volume for Members that qualify for such tiers.\14\ Now, the
Exchange proposes to reduce the rebate provided under DLI Tier 1 to
$0.0033 per share and the rebate provided under DLI Tier 2 to $0.0031
per share. The Exchange is not proposing to modify the required
criteria for a Member to qualify for DLI Tier 1 or DLI Tier 2, nor is
the Exchange proposing to change the rebates provided under such tiers
for executions of orders in securities priced below $1.00 per share
that add displayed liquidity to the Exchange. The purpose of reducing
the enhanced rebates provided under DLI Tiers 1 and 2 for executions of
Added Displayed Volume is for business and competitive reasons, as the
Exchange believes the reduction of such rebates would decrease the
Exchange's expenditures with respect to the Exchange's transaction
pricing in a manner that is still consistent with the Exchange's
overall pricing philosophy of encouraging added liquidity and promoting
the price discovery and market quality objectives of the DLI Tiers.
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    \14\ The pricing for DLI Tier 1 is referred to by the Exchange
on the Fee Schedule under the description ``Added displayed volume,
DLI Tier 1'' with a Fee Code of ``Bq1'', ``Bq1'' or ``Jq1'', as
applicable. The pricing for DLI Tier 2 is referred to by the
Exchange on the Fee Schedule under the description ``Added displayed
volume, DLI Tier 2'' with a Fee Code of ``Bq2'', ``Dq2'' or ``Jq2'',
as applicable.
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    The Exchange also proposes to revise the ``Displayed Liquidity
Incentive Tiers'' heading on the Fee Schedule to read ``Displayed
Liquidity Incentive

(DLI) Tiers'' (i.e., to include the ``DLI'' abbreviation in a
parenthetical) so that it is clear that references to ``DLI'' on the
Fee Schedule are references to the Displayed Liquidity Incentive.
    Additionally, the Exchange is proposing to adopt a new additive
rebate for executions of Added Displayed Volume applicable to DLI Tiers
1 and 2 (the ``DLI Additive Rebate''). Specifically, the proposed DLI
Additive Rebate would provide an additive rebate of $0.0001 per share
that is in addition the otherwise applicable rebate under DLI Tier 1 or
DLI Tier 2 for a qualifying Member's executions of Added Displayed
Volume.\15\ As proposed, a Member that qualifies for DLI Tier 1 would
qualify for the DLI Additive Rebate if such Member has an ADAV of at
least 0.30% of the TCV, and a Member that qualifies for DLI Tier 2
would qualify for the DLI Additive Rebate if such Member has an ADAV of
at least 0.10% of the TCV.\16\ The Exchange notes that the DLI Additive
Rebate would only apply to executions of Added Displayed Volume that
would otherwise receive the rebate applicable under DLI Tier 1 or DLI
Tier 2.\17\ The purpose of the proposed DLI Additive Rebate is to
encourage Members that consistently quote at the NBBO on the Exchange
(i.e., Members that qualify for DLI Tier 1 or DLI Tier 2) to also
maintain or increase their orders that add liquidity on the Exchange in
order to qualify for an additive rebate for executions of Added
Displayed Volume, which, in turn, the Exchange believes would encourage
the submission of additional Added Displayed Volume to the Exchange,
thereby promoting price discovery and contributing to a deeper and more
liquid market to the benefit of all market participants. The Exchange
notes that the proposed DLI Additive Rebate is comparable to other
volume-based incentives and discounts, which have been widely adopted
by exchanges, including the Exchange, such as pricing tiers that
provide a supplemental incentive for firms that achieve a specified
volume threshold.\18\
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    \15\ This proposed pricing is referred to by the Exchange on the
Fee Schedule under the new description ``DLI Additive Rebate'' with
a Fee Code of ``Y'' to be appended to the otherwise applicable Fee
Code for qualifying executions (which include Fee Codes ``Bq1'',
``Dq1'', ``Jq1'', ``Bq1X'', ``Dq1X'', ``Jq1X'', ``Bq2'', ``Dq2'',
``Jq2'', ``Bq2X'', ``Dq2X'', ``Jq2X'').
    \16\ Thus, a Member that qualifies for DLI Tier 1 and the DLI
Additive Rebate applicable to DLI Tier 1 (by achieving an ADAV of at
least 0.30% of the TCV) would receive a rebate of $0.0034 per share
(which is the proposed $0.0033 per share rebate under DLI Tier 1, as
described above, plus the $0.0001 per share DLI Additive Rebate) for
executions of Added Displayed Volume, and a Member that qualifies
for DLI Tier 2 and the DLI Additive Rebate applicable to DLI Tier 2
(by achieving an ADAV of at least 0.10% of the TCV) would receive a
rebate of $0.0032 per share (which is the proposed $0.0031 per share
rebate under DLI Tier 2, as described above, plus the $0.0001 per
share DLI Additive Rebate) for executions of Added Displayed Volume.
    \17\ The Exchange notes that such executions are also eligible
to receive the $0.0002 per share additive rebate under the existing
Targeted Step-Up Tier for Members that also qualify for such
incentive.
    \18\ The Exchange's Targeted Step-Up Tier currently provides an
additive rebate of $0.0002 per share for executions of added volume
for Members that qualify for the Targeted Step-Up Tier by achieving
one of two specified volume thresholds in certain designated
securities. See the Exchange's Fee Schedule (available at https://info.memxtrading.com/fee-schedule/) for additional details regarding
the Targeted Step-Up Tier. See also Securities Exchange Act Release
No. 93554 (November 10, 2021), 86 FR 64248 (November 17, 2021) (SR-
MEMX-2021-16) (notice of filing and immediate effectiveness of fee
changes adopted by the Exchange, including the adoption of the
Targeted Step-Up Tier).
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Pricing for Certain Sub-Dollar Volume
    Currently, the Exchange charges a standard fee of 0.05% of the
total dollar value of the transaction for executions of Removed Sub-
Dollar Volume, which is the same fee that is applicable to all Members
(including those that qualify for Liquidity Removal Tier 1). Now, the
Exchange proposes to increase the standard fee charged to all Members
(including those that qualify for Liquidity Removal Tier 1) for
executions of Removed Sub-Dollar Volume to 0.25% of the total dollar
value of the transaction.\19\ The purpose of increasing the standard
fee for executions of Removed Sub-Dollar Volume is for business and
competitive reasons, as the Exchange believes that increasing such fee
would generate additional revenue to offset some of the costs
associated with the Exchange's current transaction pricing structure,
which provides various rebates for liquidity-adding orders, and the
Exchange's operations generally, in a manner that is still consistent
with the Exchange's overall pricing philosophy of encouraging added
liquidity. The Exchange notes that despite the increase proposed
herein, the proposed standard fee for executions of Removed Sub-Dollar
Volume (i.e., 0.25% of the total dollar value of the transaction)
remains lower than, and competitive with, the standard fee charged by
at least one other equity exchange for executions of orders in
securities priced below $1.00 per share that remove liquidity.\20\
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    \19\ This proposed pricing for Removed Sub-Dollar Volume is
referred to by the Exchange on the Fee Schedule under the existing
descriptions ``Removed volume from MEMX Book'' with a Fee Code of
``R'' and ``Removed volume from MEMX Book, Liquidity Removal Tier
1'' with a Fee Code of ``R1'', as applicable.
    \20\ See, e.g., the Cboe BZX equities trading fee schedule on
its public website (available at https://www.cboe.com/us/equities/membership/fee_schedule/bzx/), which reflects a standard fee of
0.30% of the total dollar value of the transaction for executions of
orders in securities priced below $1.00 per share that remove
liquidity.
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    Currently, the Exchange provides a standard rebate of 0.05% of the
total dollar value of the transaction for executions of orders
(including Midpoint Peg orders) of Added Non-Displayed Sub-Dollar
Volume. Now, the Exchange proposes to modify this standard pricing to
provide for free executions of orders (including Midpoint Peg orders)
of Added Non-Displayed Sub-Dollar Volume.\21\ The purpose of
eliminating the standard rebate for executions of orders (including
Midpoint Peg orders) of Added Non-Displayed Sub-Dollar Volume is for
business and competitive reasons, as the Exchange believes the
elimination of such rebate would decrease the Exchange's expenditures
with respect to the Exchange's transaction pricing in a manner that is
still consistent with the Exchange's overall pricing philosophy of
encouraging added displayed liquidity. The Exchange notes that multiple
other equities exchanges currently provide standard pricing of free
executions of orders in securities priced below $1.00 per share that
add non-displayed liquidity.\22\
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    \21\ This proposed pricing for Added Non-Displayed Sub-Dollar
Volume is referred to by the Exchange on the Fee Schedule under the
existing descriptions ``Added non-displayed volume'' with a Fee Code
of ``H'' and ``Added non-displayed volume, Midpoint Peg'' with a Fee
Code of ``M'', as applicable.
    \22\ See, e.g., the Cboe BZX equities trading fee schedule on
its public website (available at https://www.cboe.com/us/equities/membership/fee_schedule/bzx/), which reflects free executions as the
standard pricing for orders in securities priced below $1.00 per
share that add non-displayed liquidity; the Cboe EDGA Exchange, Inc.
equities trading fee schedule on its public website (available at
https://www.cboe.com/us/equities/membership/fee_schedule/edga/),
which reflects free executions as the standard pricing for orders in
securities priced below $1.00 per share that add non-displayed
liquidity.
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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,\23\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\24\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its Members and other persons using its facilities
and is not designed to permit unfair

discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f.
    \24\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    As discussed above, the Exchange operates in a highly fragmented
and 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 or incentives to be insufficient, and the
Exchange represents only a small percentage of the overall market. The
Commission and the courts have repeatedly expressed their preference
for competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and also recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \25\
---------------------------------------------------------------------------

    \25\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005).
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow or discontinue to reduce use of certain categories of
products, in response to new or different pricing structures being
introduced into the market. Accordingly, competitive forces constrain
the Exchange's transaction fees and rebates, and market participants
can readily trade on competing venues if they deem pricing levels at
those other venues to be more favorable. The Exchange believes the
proposal reflects a reasonable and competitive pricing structure
designed to incentivize market participants to direct additional order
flow to the Exchange, which the Exchange believes would enhance
liquidity and market quality on the Exchange to the benefit of all
Members, as well as to decrease the Exchange's expenditures and
generate additional revenue with respect to its transaction pricing in
a manner that is still consistent with the Exchange's overall pricing
philosophy of encouraging added displayed liquidity.
    Regarding the proposed changes to the standard rates, the Exchange
believes that reducing the standard rebate for executions of Added
Displayed Volume, increasing the standard fee for executions of Removed
Sub-Dollar Volume (including for Members that qualify for Liquidity
Removal Tier 1), and eliminating the standard rebate (i.e., to provide
free executions) for executions of orders (including Midpoint Peg
orders) of Added Non-Displayed Sub-Dollar Volume are reasonable
because, as indicated above, in order to operate in the highly
competitive equities markets, the Exchange and its competing exchanges
seek to offer similar pricing structures, including assessing
comparable standard fees and rebates, as applicable, for executions of
Added Displayed Volume, Removed Sub-Dollar Volume, and Added Non-
Displayed Sub-Dollar Volume. Thus, the Exchange believes the proposed
standard rate changes for executions of Added Displayed Volume, Removed
Sub-Dollar Volume, and Added Non-Displayed Sub-Dollar Volume proposed
herein are reasonable, as such rates are comparable to, and competitive
with, the standard fees and rebates, as applicable, assessed for such
executions on other equity exchanges.\26\ Further, the Exchange
believes the proposed changes to reduce the standard rebates for
executions of Added Displayed Volume and Added Non-Displayed Sub-Dollar
Volume, as well as the proposed change to increase the standard fee for
executions of Removed Sub-Dollar Volume, are reasonable because, as
noted above, the Exchange believes such changes would decrease the
Exchange's expenditures and generate additional revenue with respect to
its transaction pricing in a manner that is still consistent with the
Exchange's overall pricing philosophy of encouraging added displayed
liquidity. The Exchange also believes that the proposed changes to
these standard rates represents an equitable allocation of fees and are
not unfairly discriminatory because such standard rates will continue
to apply equally to all Members.
---------------------------------------------------------------------------

    \26\ See supra notes 7, 20, and 22.
---------------------------------------------------------------------------

    As noted above, volume-based incentives and discounts have been
widely adopted by exchanges, including the Exchange, and are
reasonable, equitable, and not unfairly discriminatory because they are
open to all members on an equal basis and provide additional benefits
or discounts that are reasonably related to: (i) The value to an
exchange's market quality; (ii) associated higher levels of market
activity, such as high levels of liquidity provision and/or growth
patterns; and (iii) the introduction of higher volumes of orders into
the price and volume discovery processes.
    In particular, the Exchange believes the proposed new Liquidity
Provision Tier 3 is reasonable, equitable, and not unfairly
discriminatory for these same reasons, as it provides Members with an
additional incentive to achieve a certain volume threshold on the
Exchange, is available to all Members and, as noted above, is designed
to encourage Members to maintain or increase their orders that add
liquidity on the Exchange in order to qualify for an enhanced rebate
for executions of Added Displayed Volume, which, in turn, the Exchange
believes would encourage the submission of additional Added Displayed
Volume to the Exchange, thereby promoting price discovery and
contributing to a deeper and more liquid market to the benefit of all
market participants. Moreover, the Exchange believes the proposed new
Liquidity Provision Tier 3 is a reasonable means to incentivize such
increased activity, as it provides Members with an additional
opportunity to qualify for an enhanced rebate for executions of Added
Displayed Volume with less stringent criteria than Liquidity Provision
Tiers 1 and 2. The Exchange also believes that providing a rebate of
0.05% of the total dollar value of the transaction for executions of
orders in securities priced below $1.00 per share that add displayed
liquidity to the Exchange under proposed new Liquidity Provision Tier 3
is reasonable, equitable, and not unfairly discriminatory, as this is
the same rebate that is applicable to such executions for all Members
(i.e., including those that do not qualify for any Liquidity Provision
Tier), which is also the case under the Exchange's current pricing.
    The Exchange also believes the proposed changes to Liquidity
Provision Tiers 1 and 2, including to reduce the rebate for executions
of Added Displayed Volume and modify the required criteria under
Liquidity Provision Tier 1 and to modify the required criteria under
Liquidity Provision Tier 2, are reasonable, equitable, and not unfairly
discriminatory for the same reasons applicable to volume-based
incentives and discounts described above. Specifically, the Exchange
believes the proposed new required criteria under Liquidity Provision
Tiers 1 and 2 is reasonable, equitable, and not unfairly discriminatory
because all Members will continue to be eligible to qualify for such
tiers and have the opportunity to receive the corresponding enhanced
rebates for executions of Added Displayed Volume if such criteria is
achieved and, as noted above, such criteria is designed to encourage
Members to maintain or increase their orders that add liquidity on the

Exchange in order to qualify for an enhanced rebate for executions of
Added Displayed Volume, which, in turn, the Exchange believes would
encourage the submission of additional Added Displayed Volume to the
Exchange, thereby promoting price discovery and contributing to a
deeper and more liquid market to the benefit of all market
participants. The Exchange also believes the proposed reduced rebate
for executions of Added Displayed Volume and proposed new required
criteria under Liquidity Provision Tier 1 and the proposed new required
criteria under Liquidity Provision Tier 2 are reasonable and consistent
with an equitable allocation of fees and rebates, in that such reduced
rebate represents only a modest decrease from the current rebate for
executions of Added Displayed Volume under Liquidity Provision Tier 1
(i.e., from $0.00335 per share to $0.00325 per share) and would
decrease the Exchange's expenditures with respect to its transaction
pricing in a manner that is still consistent with the Exchange's
overall pricing philosophy of encouraging added displayed liquidity,
and the more stringent criteria under such tiers correlates to, and is
commensurate with, the corresponding tier's higher rebate.
    Without having a view of activity on other markets and off-exchange
venues, the Exchange has no way of knowing whether this proposed rule
change would definitely result in any Members qualifying for the
proposed Liquidity Provision Tiers. While the Exchange has no way of
predicting with certainty how the proposed tiers will impact Member
activity, the Exchange anticipates that multiple Members that currently
qualify for Liquidity Provision Tiers 1 and 2 would be able to satisfy
the proposed new required criteria under such tiers, which the Exchange
believes continues to be commensurate with the fees under such tiers,
and that multiple additional Members would be able to satisfy the
required criteria under proposed new Liquidity Provision Tier 3. The
Exchange also notes that the proposed tiers will not adversely impact
any Member's ability to qualify for reduced fees or enhanced rebates
offered under other pricing tiers. Should a Member not meet the
proposed new criteria, the Member will merely not receive that
corresponding enhanced rebate.
    The Exchange also believes the proposed changes to Liquidity
Removal Tier 1, including to increase the fee charged for executions of
Removed Volume and modify the required criteria under such tier, are
reasonable, equitable, and not unfairly discriminatory for the same
reasons applicable to volume-based incentives and discounts described
above. Specifically, the Exchange believes the proposed new required
criteria under Liquidity Removal Tier 1 is reasonable, equitable, and
not unfairly discriminatory because all Members will continue to be
eligible to qualify for such tier and have the opportunity to receive
the corresponding lower fee for executions of Removed Volume if such
criteria is achieved and, as noted above, such criteria is designed to
encourage Members to maintain or increase their order flow to the
Exchange, thereby promoting price discovery and contributing to a
deeper and more liquid market to the benefit of all market
participants. The Exchange also believes the proposed increased fee for
executions of Removed Volume and proposed new required criteria under
Liquidity Removal Tier 1 are reasonable and consistent with an
equitable allocation of fees and rebates, in that such proposed fee
represents only a modest increase from the current fee charged for
executions of Removed Volume under Liquidity Removal Tier 1 (i.e., from
$0.0027 per share to $0.0028 per share) and would generate additional
revenue to offset some of the costs associated with the Exchange's
current transaction pricing in a manner that is still consistent with
the Exchange's overall pricing philosophy of encouraging added
displayed liquidity.
    Additionally, while the Exchange has no way of predicting with
certainty how the proposed new required criteria under such tier will
impact Member activity, the Exchange anticipates that most, if not all,
of the Members that currently qualify for Liquidity Removal Tier 1
would continue to qualify under the proposed new criteria, which the
Exchange believes continues to be commensurate with the proposed new
fee under such tier. The Exchange also notes that the proposed tier
will not adversely impact any Member's ability to qualify for reduced
fees or enhanced rebates offered under other pricing tiers. Should a
Member not meet the proposed new criteria, the Member will merely not
be charged the corresponding lower fee.
    The Exchange believes the proposed changes to reduce the rebates
for executions of Added Displayed Volume under DLI Tiers 1 and 2 are
reasonable, equitable, and not unfairly discriminatory for the same
reasons applicable to volume-based incentives and discounts described
above, as such rebates would continue to apply equally to all Members,
in that all Members would continue to have the opportunity to achieve
the required criteria under such tiers, which the Exchange is not
proposing to modify with this proposal, and in turn, qualify for an
enhanced rebate for executions of Added Displayed Volume, and the
rebate provided under DLI Tier 1 will remain higher than the rebate
provided under DLI Tier 2 commensurate with the more stringent criteria
of DLI Tier 1 than of DLI Tier 2. The Exchange further believes that
such proposed changes are reasonable and consistent with an equitable
allocation of fees and rebates, as such reduced rebates are designed to
decrease the Exchange's expenditures with respect to its transaction
pricing in a manner that is still consistent with the Exchange's
overall pricing philosophy of encouraging added displayed liquidity and
promoting the price discovery and market quality objectives of the DLI
Tiers described above.
    The Exchange also believes the proposed change to revise the
``Displayed Liquidity Incentive Tiers'' heading on the Fee Schedule to
read ``Displayed Liquidity Incentive (DLI) Tiers'' (i.e., to include
the ``DLI'' abbreviation in a parenthetical) is reasonable, equitable,
and not unfairly discriminatory in that it is designed to make clear
for all Members that references to ``DLI'' on the Fee Schedule are
references to the Displayed Liquidity Incentive.
    As noted above, the Exchange believes that the proposed DLI
Additive Rebate is similar to other volume-based incentives and
discounts, which have been widely adopted by exchanges, including the
Exchange,\27\ and thus, the Exchange believes the proposed new DLI
Additive Rebate is reasonable, equitable, and not unfairly
discriminatory for the same reasons applicable to volume-based
incentives and discounts described above. Specifically, the Exchange
believes the proposed DLI Additive Rebate is reasonable, equitable, and
not unfairly discriminatory, as it provides Members that consistently
quote at the NBBO on the Exchange (i.e., Members that qualify for DLI
Tier 1 or DLI Tier 2) with an additional incentive to achieve a certain
volume threshold on the Exchange, is available to all such Members,
and, as noted above, is designed to encourage such Members to maintain
or increase their orders that add liquidity on the Exchange in order to
qualify for an additive rebate for executions of Added Displayed
Volume, which, in turn, the Exchange believes would encourage the
submission of additional Added

Displayed Volume to the Exchange, thereby promoting price discovery and
contributing to a deeper and more liquid market to the benefit of all
market participants.
---------------------------------------------------------------------------

    \27\ See supra note 18.
---------------------------------------------------------------------------

    The Exchange also believes the proposed additive rebate for
executions of Added Displayed Volume under the proposed DLI Additive
Rebate (i.e., $0.0001 per share) is reasonable, in that it represents
only a modest addition to the rebates otherwise applicable to
executions of Added Displayed Volume for Members that qualify for DLI
Tiers 1 or 2 and, in conjunction with the other changes proposed
herein, would not provide for a rebate that is higher than the current
maximum rebate provided by the Exchange. While the proposed DLI
Additive Rebate is only available to Members that also qualify for DLI
Tiers 1 or 2, the Exchange believes that it is reasonable, consistent
with an equitable allocation of fees, and not unfairly discriminatory
to provide such additive rebate only to such Members in recognition of
the benefits that such Members provide to the Exchange and market
participants by consistently quoting at the NBBO on the Exchange, as
described above, particularly as the magnitude of the additive rebate
is not unreasonably high and is, instead, reasonably related to the
enhanced liquidity and market quality that such additive rebate is
designed to achieve.
    Additionally, while the Exchange has no way of predicting with
certainty how the proposed new DLI Additive Rebate will impact Member
activity, the Exchange anticipates that several of the Members that
currently qualify for DLI Tiers 1 or 2 would also satisfy the required
criteria for the corresponding DLI Additive Rebate, which the Exchange
believes to be commensurate with the proposed additive rebate in each
case. The Exchange also notes that the proposed DLI Additive Rebate
will not adversely impact any Member's ability to qualify for reduced
fees or enhanced rebates offered under other pricing tiers or
incentives. Should a Member not meet the proposed required criteria,
the Member will merely not receive the additive rebate.
    For the reasons discussed above, the Exchange submits that the
proposal satisfies the requirements of Sections 6(b)(4) and 6(b)(5) of
the Act \28\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities and is not designed to unfairly
discriminate between customers, issuers, brokers, or dealers. As
described more fully below in the Exchange's statement regarding the
burden on competition, the Exchange believes that its transaction
pricing is subject to significant competitive forces, and that the
proposed fees and rebates described herein are appropriate to address
such forces.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposal will result in any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Instead, as discussed above,
the proposal is intended to decrease the Exchange's expenditures and
generate additional revenue with respect to its transaction pricing and
to encourage Members to maintain or increase their order flow on the
Exchange, thereby contributing to a deeper and more liquid market to
the benefit of all market participants and enhancing the attractiveness
of the Exchange as a trading venue. As a result, the Exchange believes
the proposal would enhance its competitiveness as a market that
attracts actionable orders, thereby making it a more desirable
destination venue for its customers. For these reasons, the Exchange
believes that the proposal furthers the Commission's goal in adopting
Regulation NMS of fostering competition among orders, which promotes
``more efficient pricing of individual stocks for all types of orders,
large and small.'' \29\
---------------------------------------------------------------------------

    \29\ See supra note 25.
---------------------------------------------------------------------------

Intramarket Competition
    As discussed above, the Exchange believes that the proposal would
incentivize Members to maintain or increase their order flow on the
Exchange, thereby contributing to a deeper and more liquid market to
the benefit of all market participants and enhancing the attractiveness
of the Exchange as a trading venue, which the Exchange believes, in
turn, would continue to encourage market participants to direct
additional order flow to the Exchange. Greater liquidity benefits all
Members by providing more trading opportunities and encourages Members
to send additional orders to the Exchange, thereby contributing to
robust levels of liquidity, which benefits all market participants. The
opportunity to qualify for the Liquidity Provision Tiers, the DLI
Tiers, and Liquidity Removal Tier 1, and thus receive the proposed
enhanced rebates for executions of Added Displayed Volume or be charged
the proposed lower fee for executions of Removed Volume, as applicable,
would be available to all Members that meet the associated volume
requirements in any month. As noted above, the Exchange believes that
meeting the proposed new volume requirements of the Liquidity Provision
Tiers and Liquidity Removal Tier 1 is attainable for several market
participants, and the Exchange believes such thresholds are reasonably
related to the enhanced liquidity and market quality that such tiers
are designed to promote. Similarly, as described above, the Exchange
anticipates that several of the Members that currently qualify for DLI
Tiers 1 or 2 would also satisfy the required criteria for the
corresponding DLI Additive Rebate, which the Exchange believes to be
commensurate with the proposed additive rebate in each case, and the
Exchange believes that it is appropriate for the proposed DLI Additive
Rebate to be available only to Members that qualify for DLI Tier 1 or
DLI Tier 2 in recognition of the benefits that such Members provide to
the Exchange and market participants, particularly as the magnitude of
the additive rebate is not unreasonably high and is, instead,
reasonably related to the enhanced liquidity and market quality that
such additive rebate is designed to achieve. Lastly, as noted above,
the proposed reduced standard rebates for executions of Added Displayed
Volume and Added Non-Displayed Sub-Dollar Volume, as well as the
proposed increased standard fee for executions of Removed Volume, would
apply equally to all Members. For the foregoing reasons, the Exchange
believes the proposed changes would not impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Intermarket Competition
    As noted above, the Exchange 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 or incentives to be insufficient. Members have numerous
alternative venues that they may participate on and direct their order
flow to, including 15 other equities exchanges and numerous alternative
trading systems and other off-exchange venues. As noted above, no
single registered equities exchange currently has more than
approximately 17% of the total market share of executed volume of
equities trading. Thus, in such a low-concentrated and highly
competitive market, no single equities exchange possesses significant
pricing power in the execution of order

flow. Moreover, the Exchange believes that the ever-shifting market
share among the exchanges from month to month demonstrates that market
participants can shift order flow or discontinue to reduce use of
certain categories of products, in response to new or different pricing
structures being introduced into the market. Accordingly, competitive
forces constrain the Exchange's transaction fees and rebates, including
with respect to executions of Added Displayed Volume, Removed Volume,
Removed Sub-Dollar Volume, and Added Non-Displayed Sub-Dollar Volume,
and market participants can readily choose to send their orders to
other exchange and off-exchange venues if they deem fee levels at those
other venues to be more favorable. As described above, the proposed
change is a competitive proposal through which the Exchange is seeking
to decrease the Exchange's expenditures and generate additional revenue
with respect to its transaction pricing and to encourage additional
order flow to the Exchange through volume-based incentives and
discounts, which have been widely adopted by exchanges, and standard
pricing that are comparable to, and competitive with, pricing for
similar executions in place at other exchanges.\30\ Accordingly, the
Exchange believes the proposal would not burden, but rather promote,
intermarket competition by enabling it to better compete with other
exchanges that offer similar standard pricing for executions of Added
Displayed Volume, Removed Sub-Dollar Volume, and Added Non-Displayed
Sub-Dollar Volume and similar pricing incentives and discounts to
market participants that achieve certain volume criteria and
thresholds.
---------------------------------------------------------------------------

    \30\ See supra notes 7, 20, and 22.
---------------------------------------------------------------------------

    Additionally, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \31\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. SEC, the D.C. Circuit stated as follows:
``[n]o one disputes that competition for order flow is `fierce.' . . .
As the SEC explained, `[i]n the U.S. national market system, buyers and
sellers of securities, and the broker-dealers that act as their order-
routing agents, have a wide range of choices of where to route orders
for execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\32\ Accordingly, the Exchange does not believe its
proposed pricing changes impose any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \31\ See supra note 25.
    \32\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSE-2006-21)).
---------------------------------------------------------------------------

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
proposed rule change.

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 \33\ and Rule 19b-4(f)(2) \34\ thereunder.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \34\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MEMX-2021-21 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-MEMX-2021-21. 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. All submissions should refer to
File Number SR-MEMX-2021-21 and should be submitted on or before
February 8, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-00750 Filed 1-14-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 8, 2009 (Volume 74, Number 88)]
[Notices]
[Page 21729-21730]
[DOCID:fr08my09-113]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Wade Cook Financial Corp., Warning Management
Services, Inc., Weldotron Corp., Western Microwave, Inc., Wickes, Inc.,
Worldwide Technologies, Inc., and Worldwide Xceed Group, Inc. (n/k/a
Liquidating WXG, Inc.); Order of Suspension of Trading

May 6, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Wade Cook Financial Corp. because it has not filed any periodic reports
since the period ended September 30, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Warning Management Services, Inc. because it has not filed any periodic
reports since the period ended December 31, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Weldotron Corp. because it has not filed any periodic reports since
February 28, 1998.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Western Microwave, Inc. because it has not filed any periodic reports
since the period ended March 31, 1997.

    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Wickes, Inc. because it has not filed any periodic reports since the
period ended June 28, 2003.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Worldwide Technologies, Inc. because it has not filed any periodic
reports since the period ended June 30, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Worldwide Xceed Group, Inc. (n/k/a Liquidating WXG, Inc.) because it
has not filed any periodic reports since the period ended February 28,
2001.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on May 6, 2009, through 11:59 p.m. EDT on May 19, 2009.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-10933 Filed 5-6-09; 4:15 pm]

BILLING CODE 8010-01-P


[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]
[Page 51049-51053]
[DOCID:fr18au10-95]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0262; FRL-8841-5]

Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by registrants to voluntarily cancel
certain pesticide registrations. EPA intends to grant these requests at
the close of the comment period for this announcement unless the Agency
receives substantive comments within the comment period that would
merit its further review of the requests, or unless the registrants
withdraw their requests. If these requests are granted, any sale,
distribution, or use of products listed in this notice will be
permitted after the registration has been canceled only if the sale,
distribution, or use is consistent with the terms as described in the
final order.

DATES: Comments must be received on or before September 17, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2002-0262, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
    Submit written withdrawal request by mail to: Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Attention: Melanie Biscoe.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility's telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2002-0262. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://

www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or e-mail. The
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility's
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Melanie Biscoe, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental; human
health; agricultural advocates; the chemical industry; pesticide users;
and members of the public interested in the sale, distribution, or use
of pesticides. If you have any questions regarding the information in
this notice, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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 e-mail. 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 submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests from all
endosulfan registrants to cancel all 30 pesticide products registered
under FIFRA section 3 or 24(c). These registrations are listed in Table
1 of this unit.

      Table 1.--Registrations with Pending Requests for Cancellation
------------------------------------------------------------------------
       Registration No.            Product Name        Chemical Name
------------------------------------------------------------------------
11678-5                         Thionex            Endosulfan
                                 Endosulfan
                                 Technical
------------------------------------------------------------------------
19713-99                        Drexel Endosulfan  Endosulfan
                                 2EC Insecticide
------------------------------------------------------------------------
19713-319                       Drexel Endosulfan  Endosulfan
                                 Technical
------------------------------------------------------------------------
19713-399                       Drexel Endosulfan  Endosulfan
                                 3EC
------------------------------------------------------------------------
61483-65                        Endalfly           Endosulfan
                                 Insecticide
                                 Cattle Ear Tag
------------------------------------------------------------------------
66222-62                        Thionex 50W        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
66222-63                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
66222-64                        Thionex Technical  Endosulfan
                                 Insecticide
------------------------------------------------------------------------

AZ030004                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
AZ980004                        Drexel Endosulfan  Endosulfan
                                 3EC
------------------------------------------------------------------------
HI030001                        Thionex 50W        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
HI030002                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
HI070006                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
ID030002                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
ID030004                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
ID980003                        Drexel Endosulfan  Endosulfan
                                 3EC
------------------------------------------------------------------------
NC080001                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
NV030001                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030007                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030010                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030012                        Thionex 50W        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030013                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
OR030024                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
UT030003                        Thionex 3EC        Endosulfan
------------------------------------------------------------------------
WA030013                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA030017                        Thionex 50W        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA030018                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA030024                        Thionex 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA030027                        Thiodan 3EC        Endosulfan
                                 Insecticide
------------------------------------------------------------------------
WA980012                        Drexel Endosulfan  Endosulfan
                                 3EC
------------------------------------------------------------------------

    \The registrants listed in Table 2 of this unit have requested:
     Cancellation of the uses listed in List 1 of Unit V.
effective immediately.
     Cancellation of the uses listed in List 2 of Unit V.
effective as of March 31, 2012.
     Cancellation of the uses listed in List 3 of Unit V.
effective as of March 31, 2013.
     Cancellation of the uses listed in List 4 of Unit V.
effective as of September 1, 2014.
     Cancellation of the uses listed in List 5 of Unit V.
effective as of March 31, 2015.
     Cancellation of the uses listed in List 6 of Unit V.
effective as of March 31, 2016.
    These cancellation requests are part of a Memorandum of Agreement
between the Agency and the four endosulfan registrants dated July 22,
2010. Specific endosulfan uses will end according to the schedule
described in Unit V. The Memorandum of Agreement also requires
additional mitigation measures for uses listed in Lists 2, 3, 4, 5, or
6 of Unit V. The Memorandum of Agreement is available at http://
www.regulations.gov under docket number EPA-HQ-OPP-2002-0262-0181.
Unless the Agency determines that there are substantive comments that
warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue orders in the Federal Register
canceling all of the affected registrations.
    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in this unit.

          Table 2.--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
            EPA Company No.                  Company Name and Address
------------------------------------------------------------------------
11678                                    Makhteshim Chemical Works, Ltd.
                                         4515 Falls of Neuse Rd.
                                         Suite 300
                                         Raleigh, NC 27609
------------------------------------------------------------------------
19713                                    Drexel Chemical Company
                                         1700 Channel Ave.
                                         P.O. Box 13327
                                         Memphis, TN 38113-0327
------------------------------------------------------------------------
61483                                    KMG-Bernuth, Inc.
                                         9555 W. Sam Houston Pkwy.,
                                          South
                                         Suite 600
                                         Houston, TX 77099
------------------------------------------------------------------------

66222                                    Makhteshim-Agan of North
                                          America, Inc.
                                         4515 Falls of Neuse Rd.
                                         Suite 300
                                          Raleigh, NC 27609
------------------------------------------------------------------------

III. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must provide a 30-day public
comment period on the request for voluntary cancellation or use
termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA
provide a 180-day comment period on a request for voluntary
cancellation or termination of any minor agricultural use before
granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants in Table 2 of Unit II. have requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 30-
day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation
should submit the withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. In any order issued in response to these requests
for use deletions and requests for voluntary cancellations, the Agency
proposes to include the following provisions for the treatment of any
existing stocks of the products identified or referenced in Table 1 of
Unit II. These provisions are consistent with the requests for use
deletions and requests for voluntary cancellations outlined in Unit II.
If the request for voluntary cancellation and use termination is
granted, the Agency intends to publish the cancellation order in the
Federal Register.
    1. For the uses in List 1 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 1 after December
31, 2010, except sale or distribution of such products for the purposes
of proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 1 by persons other than the registrants
after May 31, 2011, except sale or distribution of such products for
the purposes of proper disposal, or export consistent with section 17
of FIFRA.
    iii. EPA intends to prohibit the uses in List 1 after July 31,
2012. The stop use date for the uses listed in List 1 of this unit will
also be reflected on amended product labeling.
    iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 1.--Phase-Out Group A
    Almond
    Apricot
    Broccoli
    Brussels sprouts
    Carrots
    Cauliflower
    Celery (non-AZ)
    Citrus (non-bearing)
    Collard greens
    Dry beans
    Dry peas
    Eggplant
    Filbert
    Kale
    Kohlrabi
    Mustard greens
    Nectarine (CA only)
    Macadamia
    Plum & prune
    Poplars grown for pulp and timber
    Strawberry (annual)
    Sweet potato
    Tart cherry
    Turnip
    Walnut
    Ornamental trees, shrubs, and herbaceous plants - includes
boxelder, dogwood, lilac, douglas fir (grown for ornamentals nursery
stock or Christmas trees; Pacific Northwest only), elms, leatherleaf
fern, pines (austrian, jack, red, scotch, white), shade trees
(except birch), shrubs, spruce (New England area only), taxus,
orchids, hybrid poplars, Christmas trees
Other uses that may appear on section 3 registration labels or on a
24(c) registration and are not listed above or on Lists 2, 3, 4, 5, or
6 of this unit.
    2. For the uses in List 2 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 2 after March 31,
2012, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 2 by persons other than the registrants
after May 31, 2012, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
    iii. EPA intends to prohibit the uses in List 2 after July 31,
2012. The stop use date for the uses listed in List 2 of this unit will
also be reflected on amended product labeling.
     iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 2.--Phase-Out Group B
    Cabbage
    Celery (AZ only)
    Cotton
    Cucumbers
    Lettuce
    Stone fruits not listed in List 1 of this unit, including
nectarine (non-CA), peaches, and sweet cherry
    Summer melons (cantaloupe, honeydew, watermelon)
    Summer squash
    Tobacco

    3. For the use in List 3 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the use in List 3 after March 31,
2013, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products
permitting the use in List 3 by persons other than the registrants
after May 31, 2013, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
    iii. EPA intends to prohibit the use in List 3 after July 31, 2013.
The stop use date for the use listed in List 3 of this unit will also
be reflected on amended product labeling.

    iv. Any use of existing stocks must be consistent with the
directions and terms of the previously approved labeling on, or that
accompanied, the product with respect to those uses.
List 3.--Phase-Out Group C
    Pear

    4. For the uses in List 4 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 4 in the state of
Florida after September 30, 2014, except sale or distribution of the
products for the purposes of proper disposal, or export consistent with
section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale in the state
of Florida of products permitting the uses in List 4 by persons other
than the registrants after October 31, 2014, except sale or
distribution of the products for the purposes of proper disposal, or
export consistent with section 17 of FIFRA.
    iii. EPA intends to prohibit the uses in List 4 in the state of
Florida after December 31, 2014. The stop use date for the uses listed
in List 4 of this unit will also be reflected on amended product
labeling.
    iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 4.--Phase-Out Group D
All Florida uses of:
    Apple
    Blueberry
    Peppers
    Potatoes
    Pumpkins
    Sweet corn
    Tomato
    Winter squash

    5. For the uses in List 5 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 5 after March 31,
2015, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 5 by persons other than the registrants
after May 31, 2015, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
    iii. EPA intends to prohibit the uses in List 5 after July 31,
2015. The stop use date for the uses listed in List 5 of this unit will
also be reflected on amended product labeling.
    iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 5.--Phase-Out Group E
    Apple
    Blueberry
    Peppers
    Potatoes
    Pumpkins
    Sweet corn
    Tomato
    Winter squash

    6. For the uses in List 6 of this unit:
    i. EPA intends to prohibit the registrants' distribution, sale, and
reformulation of products permitting the uses in List 6 after March 31,
2016, except sale or distribution of the products for the purposes of
proper disposal, or export consistent with section 17 of FIFRA.
    ii. EPA intends to prohibit the distribution or sale of products
permitting the uses in List 6 by persons other than the registrants
after May 31, 2016, except sale or distribution of the products for the
purposes of proper disposal, or export consistent with section 17 of
FIFRA.
    iii. EPA intends to prohibit the uses or products in List 6 after
July 31, 2016. The stop use date for the uses listed in List 6 of this
unit will also be reflected on amended product labeling.
    iv. Any use of existing stocks must be consistent with the
directions for use and terms of the previously approved labeling on, or
that accompanied, the product with respect to those uses.
List 6.--Phase-Out Group F
    Livestock ear tags
    Pineapple
    Strawberry (perennial/biennial)
    Vegetable crops for seed (alfalfa, broccoli, brussels sprouts,
cabbage, cauliflower, Chinese cabbage, collard greens, kale,
kohlrabi, mustard greens, radish, rutabaga, turnip)

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 12, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. 2010-20447 Filed 8-17-10; 8:45 am]
BILLING CODE 6560-50-S