[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Notices]
[Pages 20554-20556]
[FR Doc No: 2021-08034]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91547; File No. SR-CBOE-2021-021]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend Its Fees Schedule To Adopt Reduced Permit Fees for New Floor
Brokers

April 14, 2021.
    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 April 1, 2021, Cboe Exchange, Inc. (``CBOE'' 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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Fees Schedule to adopt reduced permit fees for new Floor
Brokers. The text of the proposed rule change is provided in Exhibit 5.

    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule to adopt reduced
permit fees for new Floor Brokers. By way of background, a Floor Broker
Permit (``FB Permit'') entitles the holder to act as a Floor Broker on
the floor of the exchange. The Exchange currently maintains a Floor
Trading Permit Sliding Scale, which allows Floor Brokers to pay reduced
rates for higher quantity of FB Permits. Particularly, Floor Brokers
pay $7,500 for the first FB Permit, $5,700 per permit for the 2nd and
3rd FB Permits, $4,500 per permit for the 4th and 5th FB permits and
$3,200 for each additional FB Permit. The Exchange proposes to now
adopt a discount for FB Permits for new Trading Permit Holders
(``TPHs'') or for TPHs that have not held a FB Permit in at least
twelve (12) months (collectively referred to herein as ``New Floor
Brokers''). Specifically, the Exchange proposes to assess New Floor
Brokers $500 per permit for up to two FB Permits. Thereafter, any
additional permit would be subject to the current Floor Trading Permit
Sliding Scale.\3\ A New Floor Broker is only eligible for reduced fees
for 6 months starting from the month the 1st permit is activated. The
Exchange believes the proposed change may incentivize new market
participants to become Floor Brokers on the Exchange and help offset
initial costs of operation as Floor Brokers. The Exchange also notes
the proposed reduced rate is consistent with the rates charged by
another Exchange to Floor Broker participants.\4\
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    \3\ For example, if a new Floor Broker purchases 4 FB Permits,
the first two permits will be assessed $500 each per month, and the
third permit would be assessed $5,700 per month and the fourth
permit would be assessed $4,500 per month. See Cboe Options Fees
Schedule, Floor Trading Permit Sliding Scales.
    \4\ See NYSE American Options Fees Schedule, Section III
(Monthly Trading Permit, Rights, Floor Access and Premium Product
Fees).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\5\ in general, and
furthers the objectives of Section 6(b)(4),\6\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) \7\
requirements that the rules of an exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and, particularly, is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. Additionally, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \8\ requirement that
the rules of an exchange not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f.(b)(5).
    \8\ Id.
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    In particular, the Exchange believes that the proposed discount for
the first two FB Permits for New Floor Brokers is reasonable as such
market participants will pay lower costs for those permits. Also as
noted above, the proposed discounted rate is consistent with the amount
charged by another exchange for Floor Broker permits.\9\ The Exchange
notes it is not otherwise amending any of the rates in the Floor
Trading Permits Sliding Scale. The Exchange believes the proposed
change is also reasonable as it may incentivize new market participants
to become Floor Brokers on the Exchange and help offset initial costs
associated with becoming a Floor Broker. The Exchange believes the
proposed discount is equitable and not unfairly discriminatory because
all New Floor Brokers are eligible. The Exchange also believes it's
equitable and not unfairly discriminatory to provide the discount to
New Floor Brokers because it is designed to encourage new market
participants to become Floor Brokers on the Exchange that may not
otherwise do so because of the expense involved in becoming a Floor
Broker. The Exchange also believes it's equitable and not unfairly
discriminatory to offer a discount to Floor Brokers because Floor
Brokers serve an important function in facilitating the execution of
orders via open outcry, which as a price-improvement mechanism, the
Exchange wishes to encourage and support. Further, the proposed change
is designed to further encourage the execution of orders via open
outcry, which should increase volume, which would benefit all market
participants Lastly, the Exchange notes that it is not aware of any
market participant that is expected to qualify as a New Floor Broker
within the next month, but to the extent that this discount proves
attractive to market participants, they are welcome to become Floor
Brokers on the Exchange and receive the proposed discount.
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    \9\ See NYSE American Options Fees Schedule, Section III
(Monthly Trading Permit, Rights, Floor Access and Premium Product
Fees).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because, while it is limited to
Floor Brokers, Floor Brokers serve an important function in
facilitating the execution of orders via open outcry, which as a price-
improvement mechanism, the Exchange wishes to encourage and support.
Further, the proposed change is designed to encourage more Floor
Brokers which may further encourage more execution of orders via open
outcry, which should increase volume, which would benefit all market
participants trading via open outcry. The Exchange does not believe
that the proposed change will impose an unnecessary or inappropriate
burden on intermarket competition because it only

applies to Cboe Options. To the extent that this discount proves
attractive to Floor Brokers on other options exchanges, or its results
prove attractive to market participants on other exchanges, such Floor
Brokers or market participants may elect to become Floor Brokers or
market participants at the Exchange.

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) \10\ of the Act.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    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 under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved
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    \11\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CBOE-2021-021 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 No. SR-CBOE-2021-021. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-CBOE-2021-021, and should be submitted on
or before May 11, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-08034 Filed 4-19-21; 8:45 am]
BILLING CODE 8011-01-P


11100 Federal Register / Vol. 68, No. 45 / Friday, March 7, 2003 / Notices mg/ kg/ day for female dogs in the control through high dose groups, respectively, with a NOAEL of 24.9 mg/ kg/ day for males and 29.6 mg/ kg/ day for females based on hematology effects and microscopic liver changes. An 18   month feeding/ carcinogenicity study in mice was conducted with dietary intake of 0, 46.6, 93.9, 160.5, or 337.6 mg/ kg/ day for males and 0, 58.0, 116.9, 198.0, or 407.1 mg/ kg/ day for females. A NOAEL of 93.9 mg/ kg/ day in males and 116.9 mg/ kg/ day in females was based on decreases in Hgb and HCT. There were no treatment related increases in tumors of any kind observed at any dose level. In a 24   month chronic feeding/ carcinogenicity study in rats at dietary doses of 0, 24.3, 40.0, 82.8, or 123.5 mg/ kg/ day for males and 20.0, 36.4, 67.0, or 124.7 mg/ kg/ day for females, an overall NOAEL of 40.0 mg/ kg/ day in males and 36.4 mg/ kg/ day in females was based on hematology effects and reduced body weights. There was no evidence of a carcinogenic response. 6. Animal metabolism. A metabolism study in rats indicated that approximately 84 to 104% of the orally administered dose of sulfentrazone was excreted in the urine, and that the pooled urinary radioactivity consisted almost entirely of 3 hydroxymethyl sulfentrazone. Pooled fecal radioactivity showed that the major metabolite consisted of 3 hydroxymethylsulfentrazone ( 1.26 to 2.55% of the administered dose). The proposed metabolic pathway appeared to be conversion of the parent compound mainly to 3 hydroxymethylsulfentrazone ( excreted in urine and feces). 7. Endocrine disruption. An evaluation of the potential effects on the endocrine systems of mammals has not been determined; however, no evidence of such effects were reported in the chronic or reproductive toxicology studies described above. There was no observed pathology of the endocrine organs in these studies. There is no evidence at this time that sulfentrazone causes endocrine effects.

C. Aggregate Exposure 1. Dietary exposure   i. Food. A Tier 3 short term exposure analysis has been performed to estimate the exposure for all adults, adult females, and toddlers ( 3 to 4 years of age) in the U. S. population for these raw commodities and processed commodities. This analysis utilized Novigen's ( Novigen Sciences, Inc.) Dietary Exposure Evaluation Model ( DEEM) software; field trial data for registered and pending crop uses; percent crop treated information; and consumption data from the United States Department of Agriculture ( USDA) Continuing Surveys of Food Intake by Individuals ( CSFIIs), conducted from 1994   1996. ii. Drinking water. A Tier 1 short term drinking water exposure assessment was conducted to determine exposure risk of sulfentrazone residues from consumption of water. This analysis was performed utilizing EPA's Standard Operating Procedure ( SOP) for Drinking Water Exposure Risk Assessments ( DUS EPA, 1997b), the absorbed ( systemic) aggregate exposure estimates, and water data from FMC Corporation ground water study conducted in North Carolina. 2. Non dietary exposure. The primary source for human non dietary exposure to sulfentrazone will be from postapplication exposure to treated residential turf grass. The routes of sulfentrazone exposure were dermal post application exposure for adults and toddlers, and post application incidental ingestion of sulfentrazone due to the hand to mouth behavior of toddlers. A worst case short term nondietary exposure analysis was conducted using algorithms and default factors published in EPA's SOPs for Residential Exposure Assessments.

D. Cumulative Effects Cumulative exposure to substances with common mechanism of toxicity. Section 408( b)( 2)( D)( v) requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency considers `` available information'' concerning the cumulative effects of a particular pesticide residue and `` other substances that have a common mechanism of toxicity.'' In the case of sulfentrazone, EPA has determined that it does not have the capability to apply the information in its files to a resolution of common mechanism issues in a manner that would be useful in a risk assessment. This tolerance determination therefore does not take into account common mechanism issues. The Agency will reexamine the tolerances for sulfentrazone, if reexamination is appropriate, after the Agency has determined how to apply common mechanism issues to its pesticide risk assessments.

E. Safety Determination 1. U. S. population. The absorbed ( systemic) aggregate exposure estimates for all adults, and adult females were found to be 0.0015 mg/ kg/ day and 0.0017 mg/ kg/ day, respectively. The acute dietary ( 99.9%), non dietary, and aggregate margin of exposure ( MOE) for all adults were found to be 12,353, 7,571, and 6,726 respectively. The acute dietary ( 99.9%), non dietary and aggregate MOE for adult females were 22,857, 6,327, and 5,717 respectively. The MOE from the limited potential for short term exposure from residential uses was > 1,000. Based on these assessments, it can be concluded that there is reasonable certainty of no harm to the U. S. population from exposure to sulfentrazone. 2. Infants and children. The absorbed ( systemic) aggregate exposure estimates for toddlers were found to be 0.0054 mg/ kg/ day. The acute dietary ( 99.9%), non dietary, and aggregate MOE for toddlers were found to be 6,721, 2,048, and 1,869 respectively. The MOE from the limited potential for short term exposure from residential uses was > 1,000. Based on these assessments, it can be concluded that there is reasonable certainty of no harm to infants and children from exposure to sulfentrazone. The calculated drinking water levels of concern for all adults, and adult females were estimated to be 298 parts per billion ( ppb), 250 ppb, respectively. These values exceed the maximum water monitoring residue of 42 ppb ( from the North Carolina study). Therefore, the data indicate a low risk potential due to the aggregate ( food, water and residential) exposures to sulfentrazone residues.

F. International Tolerances There are no Codex Alimentarius Commission ( Codex) maximum residue levels for sulfentrazone. [ FR Doc. 03   5319 Filed 3   6   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0350; FRL   7285   8]

Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2002   0350, must be received on or before April 7, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or VerDate Dec< 13> 2002 17: 55 Mar 06, 2003 Jkt 200001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 07MRN1. SGM 07MRN1 11101 Federal Register / Vol. 68, No. 45 / Friday, March 7, 2003 / Notices through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and Pollution Prevention Division ( 7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   8715; e mail address: mendelsohn. mike@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer or pesticide manufacturer. Potentially affected categories and entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket ( ID) number OPP   2002   0350. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address, or other contact information in the body of your comment. Also, include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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. i. EPA dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA dockets VerDate Dec< 13> 2002 17: 55 Mar 06, 2003 Jkt 200001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 07MRN1. SGM 07MRN1 11102 Federal Register / Vol. 68, No. 45 / Friday, March 7, 2003 / Notices at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select`` search,'' and then key in docket ID number OPP   2002   0350. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID number OPP   2002   0350. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID number OPP   2002   0350. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID number OPP   2002   0350. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI To the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, 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 CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any 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 and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI, or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Make sure to submit your comments by the deadline in this notice. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. What Action is the Agency Taking?

EPA has received a pesticide petition as follows proposing the establishment and/ or amendment of regulations for residues of a certain pesticide chemical in or on various food commodities under section 408 of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a. EPA has determined that this petition contains data or information regarding the elements set forth in FFDCA section 408( d)( 2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: February 28, 2003. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

Summary of Petition The petitioner summary of the pesticide petition is printed below as required by FFDCA section 408( d)( 3). The summary of the petition was prepared by Mycogen/ Dow AgroSciences and represents the view of the petitioner. The petition summary announces the availability of a description of the analytical methods available to EPA for the detection and measurement of the pesticide chemical residues, or an explanation of why no such method is needed.

Mycogen/ Dow AgroSciences PP 0G6112 This notice of filing summarizes information submitted and cited by Mycogen/ Dow AgroSciences in support of a request for a temporary exemption from tolerance residues of the plantincorporated protectant Bacillus thuringiensis ( B. t. Cry34/ 35Ab1 Insecticidal Crystal Protein ( ICP), and the genetic material necessary for its production in corn ( formerly known as Bacillus thuringiensis ( B. t.)) 149B1 protein and the genetic material necessary for its production in corn). The Mycogen/ Dow AgroSciences and Pioneer Hi Bred experimental use permits associated with the petition are 68467   EUP   3, 68467   EUP   5, 68467   EUP   T, 68467   EUP   I, 29964   EUP   1, 29964   EUP   3, 29964   EUP   U, and 29964   EUP   L.

A. Petition Summary for B. t. Cry34/ 35Ab1 ICP Uses B. t. Cry34/ 35Ab1 ICP is expressed in corn plants to provide protection from key coleopteran insect pests such as the western corn rootworm. B. t. Cry34/ 35Ab1 transgenic plants are derived from transformation events that contain the insecticidal genes via a plasmid insert. The B. t. Cry34/ 35Ab1 ICP poses no foreseeable risks to non target organisms including mammals, birds, fish, beneficial insects, and earthworms. B. t. Cry34/ 35Ab1 protected field corn provides growers with a highly efficacious tool for controlling important insect pests in corn in a manner that is fully compatible with integrated pest management practices.

VerDate Dec< 13> 2002 17: 55 Mar 06, 2003 Jkt 200001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 07MRN1. SGM 07MRN1 11103 Federal Register / Vol. 68, No. 45 / Friday, March 7, 2003 / Notices B. Product Identity and Chemistry The Cry34Ab1 and Cry35Ab1 genes were isolated from Bacillus thuringiensis strain PS149B1 and modified before insertion into corn plants. The Cry34/ 35Ab1 ICP has been adequately characterized. Several safety studies were conducted using microbially produced test substances that contained 54% of the Cry34Ab1 ( 14 kDa) protein and 37% of the Cry35Ab1 ( 44 kDa) protein. Studies conducted to establish the equivalence of the Cry34/ 35Ab1 ICP obtained from corn or from a microbial source demonstrate that the materials are similar with respect to molecular weight, immunoreactivity, lack of post translational modification ( glycosylation) N terminal amino acid sequence, and spectrum of bioactivity. A qualitative analytical method ( lateral flow immunoassay) for the detection of the Cry34Ab1 ( 14 kDa) protein has been submitted ( MRID # 45383401).

C. Mammalian Toxicity Profile Cry proteins have been deployed as safe and effective pest control agents in microbial Bacillus thuringiensis formulations for almost 40 years. There are currently 180 registered microbial Bacillus thuringiensis products in the United States for use in agriculture, forestry, and vector control. The numerous toxicology studies conducted with these microbial products show no significant adverse effects, and demonstrate that the products are practically non toxic to mammals. An exemption from the requirement of a tolerance has been in place for these products since at least 1971 ( 40 CFR 180.1011). Toxicology studies conducted to determine the toxicity of Cry34/ 35Ab1 ICP demonstrated that the proteins have very low toxicity. The acute oral LD50 of Cry34Ab1 ( 14 kDa) is greater than 5,000 milligrams/ kilogram ( mg/ kg), and at 54% purity, the acute LD50 for pure protein is greater than 2,700 mg/ kg. The acute oral LD50 of Cry35Ab1 ( 44 kDa) is greater than 5,000 mg/ kg, and at 37% purity, the acute LD50 for pure protein is greater than 1,850 mg/ kg in male mice when the proteins were tested individually. When tested as a mixture ( 1: 3 molar ratio of Cry34Ab1: Cry35Ab1 proteins), the acute oral LD50 of PS149B1 Cry34/ 35Ab1 proteins in male and female mice is greater than 5,000 mg/ kg, and greater than 2,000 mg/ kg of an equimolar ( 1: 3) mixture of pure proteins. In in vitro studies, Cry34/ 35Ab1 ICP exhibited a high rate of digestibility under simulated gastric conditions ( referred to as SGF) in the presence of pepsin. The Cry34Ab1( 14 kDa protein) was greater than 90% digested in SGF 6.2 minutes. The Cry35Ab1 ( 44 kDa protein) was greater than 97% digested in less than 5 minutes. Also, thermolability testing results showed that the ICP was deactivated following exposure to 60 ° C, 75 ° C, and 90 ° C for 30 minutes. A search of relevant data bases indicated that the amino acid sequences of the Cry34/ 35Ab1 ICP exhibit no significant homology to the sequences of known protein allergens. Thus, Cry34/ 35Ab1 ICP is highly unlikely to exhibit an allergic response. The genetic material necessary for the production of the Cry34/ 35Ab1 ICP is nucleic acid ( DNA) which is common to all forms of plant and animal life. There are no known instances where nucleic acids have caused toxic effects as a result of dietary exposure. Collectively, the available data on Cry34/ 35Ab1 ICP along with the safe use history of microbial Bacillus thuringiensis products establishes the safety of the plant incorporated protectant B. t. Cry34/ 35Ab1 ICP and the genetic material necessary for its production in all raw agricultural commodities.

D. Aggregate Exposure Because B. t. Cry34/ 35Ab1 ICP is expressed in minute quantities and is retained within the plant, there is virtually no potential for dermal or inhalation exposure to the protein. Significant dietary exposure to Cry34/ 35Ab1 ICP is unlikely to occur. Dietary exposures at very low levels, via ingestion of processed commodities, although, they may occur, are unlikely to be problematic because of the low toxicity and the high degree of digestibility of the protein. In addition, the protein is not likely to be present in drinking water because the protein is deployed in minute quantities within the plant, and studies demonstrate that Cry34/ 35Ab1 ICP is rapidly degraded in soil. In summary, the potential for significant aggregate exposure to Cry34/ 35Ab1 is highly unlikely.

E. Cumulative Exposure Common modes of toxicity are not relevant to consideration of the cumulative exposure to B. t. Cry34/ 35Ab1 ICP. The product has demonstrated low toxicity, and these effects do not appear to be cumulative with any other known compounds.

F. Safety Determination 1. U. S. population. The deployment of the product in minute quantities within the plant, the very low toxicity of the product, the lack of allergenic potential, and the high degree of digestibility of the proteins, are all factors in support of Mycogen/ Dow AgroSciences' assertion that no significant risk is posed by exposure of the U. S. population to B. t. Cry34/ 35Ab1 ICP. 2. Infants and children. Non dietary exposure to infants and children is not anticipated, due to the proposed use pattern of the product. Due to the very low toxicity of the product, the lack of allergenic potential, and the high degree of digestibility of the proteins, dietary exposure is anticipated to be at very low levels and is not anticipated to pose any harm to infants and children.

G. Effects on the Immune and Endocrine System Given the high degree of digestibility of the Cry34/ 35Ab1 ICP, no chronic effects are expected. Cry34/ 35Ab1 ICP, or metabolites of the ICP are not known to, or are expected to have any effect on the immune or endocrine systems. Proteins in general are not carcinogenic, therefore, no carcinogenic risk is associated with the Cry34/ 35Ab1 ICP.

H. Existing Tolerances or Exemptions from Tolerance There are no existing tolerances or exemptions from tolerance for B. t. Cry34/ 35Ab1 ICP. [ FR Doc. 03   5620 Filed 3   7   03; 2: 17 pm]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0016; FRL   7289   3]

Experimental Use Permit; Receipt of Application AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of an application 68467   EUP   4 from Mycogen Seeds/ Dow Agrosciences LLC requesting an experimental use permit ( EUP) amendment/ extension for Bacillus thuringiensis moCry1F protein and the genetic material necessary for its production ( plasmid insert PHP 12537) in corn. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11( a), the Agency is soliciting comments on this application. DATES: Comments, identified by docket ID number OPP   2003   0016, must be received on or before April 7, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or VerDate Jan< 31> 2003 20: 00 Mar 06, 2003 Jkt 200001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 07MRN1. SGM 07MRN1


[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Page 51520]
[FR Doc No: 2018-22094]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84369]

Securities Exchange Act of 1934

October 4, 2018.
    In the Matter of the NYSE Arca, Inc.; Order Scheduling Filing of
Statements on Review for an Order of Disapproval of Proposed Rule
Change To List and Trade the Shares of the ProShares Bitcoin ETF and
the ProShares Short Bitcoin ETF (File No. SR-NYSEArca-2017-139).
    On December 4, 2017, NYSE Arca Inc. (``NYSE Arca'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act (``Exchange Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the ProShares Bitcoin ETF and the ProShares Short Bitcoin ETF
issued by the ProShares Trust II under NYSE Arca Rule 8.200-E,
Commentary .02. The proposed rule change was published for comment in
the Federal Register on December 26, 2017.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82350 (Dec. 19,
2017), 82 FR 61100 (Dec. 26, 2017).
---------------------------------------------------------------------------

    On January 30, 2018, pursuant to Section 19(b)(2) of the Exchange
Act,\4\ the Commission designated a longer period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to approve or disapprove
the proposed rule change.\5\ On March 23, 2018, the Commission
instituted proceedings under Section 19(b)(2)(B) of the Exchange Act
\6\ to determine whether to approve or disapprove the proposed rule
change.\7\ On June 15, 2018, the Commission extended the period for
consideration of the proposed rule change to August 23, 2018.\8\
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 82602 (Jan. 30,
2018), 83 FR 4941 (Feb. 2, 2018).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 82939 (Mar. 23,
2018), 83 FR 13537 (Mar. 29, 2018).
    \8\ See Securities Exchange Act Release No. 83452 (June 15,
2018), 83 FR 28894 (June 21, 2018).
---------------------------------------------------------------------------

    On August 22, 2018, the Division of Trading and Markets, pursuant
to delegated authority,\9\ issued an order disapproving the proposed
rule change.\10\ On August 23, 2018, the Secretary of the Commission
notified NYSEArca that, pursuant to Commission Rule of Practice
431,\11\ the Commission would review the Division's action pursuant to
delegated authority and that the Division's action pursuant to
delegated authority had been automatically stayed.\12\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
    \10\ See Securities Exchange Act Release No. 83904 (Aug. 22,
2018), 83 FR 43934 (Aug. 28, 2018) (SR-NYSEArca-2017-139)
(``Disapproval Order'').
    \11\ See 17 CFR 201.431(c).
    \12\ See Letter from Secretary of the Commission to David De
Gregorio, Senior Counsel, NYSE Group, Inc. (Aug. 23, 2018),
available at https://www.sec.gov/rules/sro/nysearca/2018/34-83904-letter-from-secretary.pdf.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Commission Rule of Practice
431, that by November 5, 2018, any party or other person may file a
statement in support of, or in opposition to, the action made pursuant
to delegated authority.
    It is further ordered that the order disapproving proposed rule
change SR-NYSEArca-2017-139 shall remain in effect pending the
Commission's review.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22094 Filed 10-10-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42117-42118]
[FR Doc No: 2018-17876]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0059; FRL-9982-41-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Natural Gas Transmission and
Storage (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Natural Gas
Transmission and Storage (EPA ICR No. 1789.10, OMB Control No. 2060-
0418), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through
August 31, 2018. Public comments were previously requested via the
Federal Register on June 29, 2017 during a 60-day comment period. This
notice allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before September 19,
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0059, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to [email protected]. Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Natural Gas Transmission and Storage (40 CFR
part 63, subpart HHH) apply to existing facilities and new facilities
that are major sources of hazardous air pollutants (HAP) and that
either transport or store natural gas prior to entering the pipeline to
a local distribution company or to a final end user (if there is no
local distribution company). The 2012 amendment eliminates the startup,
shutdown and malfunction (SSM) exemption, establishes MACT standards
for ``small'' glycol dehydration units (glycol dehydrators with an
actual annual average natural gas flowrate less than 283,000 scmd or
actual average benzene emissions less than 0.9 Mg/yr), and requires
facilities using carbon adsorbers as a control device to keep records
of their carbon replacement schedule. New facilities include those that
commenced construction or reconstruction after the date of proposal. In
general, all NESHAP standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance with 40 CFR part 63,
subpart HHH.
    Form Numbers: None.
    Respondents/affected entities: Natural gas transport and storage
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart HHH).
    Estimated number of respondents: 55 (total).
    Frequency of response: Initially, occasionally, and semiannually.

    Total estimated burden: 2,910 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $306,000 (per year), which includes $0 for
annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is an increase in burden hours and
number of responses in this ICR compared to the previous ICR. This
increase is not due to any program changes. The increase is due to an
increase in the number of affected sources subject to the rule based on
the latest available data, and taking into account growth in this
industry.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-17876 Filed 8-17-18; 8:45 am]
 BILLING CODE 6560-50-P


P-16-0541 Sanitized Support Documents Index:
 P-16-0541 Sanitized Detemination Document (linked)
 P-16-0541 Sanitized CHEM Report (attached)
 P-16-0541 Sanitized ECO Report (attached)
 P-16-0541 Sanitized ENG Report (attached)
 P-16-0541 Sanitized EXP Report (attached)
 P-16-0541 Sanitized Fate Report (attached)
 P-16-0541 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Notices]
[Page 68870-68871]
[DOCID:fr28no06-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54801; File No. SR-NYSE-2006-80]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Relating
to NYSE Rule 1300 (Gold Shares) and NYSE Rule 51 (Hours of Business)

November 21, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934, as amended (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on October 2, 2006, the New York Stock Exchange LLC
(``NYSE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. On November 6, 2006, the Exchange filed Amendment No. 1.\3\
The Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ See Form 19b-4 dated November 6, 2006 (``Amendment No. 1'').
Amendment No. 1 replaced the original filing in its entirety.
---------------------------------------------------------------------------

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

    The NYSE proposes to amend NYSE Rule 1300 (Gold Shares) and NYSE
Rule 51 (Hours for Business) to allow streetTRACKS[supreg] Gold Shares
to open for trading at 8:20 a.m. The text of the proposed rule change,
as amended, is available on the Exchange's Web site at http://www.nyse.com
, at NYSE's principal office, and at the Commission's

Public Reference Room.

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

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

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

1. Purpose
    Since 2004, the Exchange has offered its customers the ability to
trade in a gold-based security called streetTRACKS[supreg] Gold Shares
(``Gold Shares''). Gold Shares represent units of fractional undivided
interest in and ownership of the streetTRACKS[supreg] Gold Trust (the
``Trust''). The Trust holds gold bullion and the investment objective
of the Trust is to reflect the performance of the price of gold
bullion, less the Trust's expenses.
    Interest in commodity-based securities has increased. In order to
remain competitive, the Exchange proposes to amend NYSE Rule 1300 and
NYSE Rule 51 to reflect that Gold Shares would open for trading at 8:20
a.m. An 8:20 a.m. opening would coincide with the opening of
COMEX[supreg] trading in gold futures and gold options and thus permit
trading in Gold Shares to start at the same time as other gold-based
instruments. This would give customers the opportunity to trade an
equity product based on the price of gold from the time that gold
futures and options on gold futures begin trading on the COMEX[supreg].
    Except for the new opening time, trading in Gold Shares would
operate as it does today. The current assigned specialist would
continue as the assigned specialist and the stock would continue to
trade at its current post and panel. All Exchange systems would be
operative beginning at 8:20 a.m. and throughout the trading day
including those systems that provide audit trail information. The
Exchange surveillances that currently operate during market hours would
be in place to coincide with the 8:20 a.m. opening. Further, the
Exchange would make sure that either a Floor Governor or two Floor
Officials would be available upon the 8:20 a.m. opening. As always, all
Exchange Rules would apply upon the open at 8:20 a.m. and throughout
the trading day.
    Furthermore, the Exchange represents that the updated spot price of
gold and the Intraday Indicative Value (``IIV'') for Gold Shares would
be available at 8:20 a.m. on the Trust's Web site (http://www.streettracksgoldshares.com
). The IIV is calculated by the Trust's

Sponsor, World Trust Gold Services, LLC. The Exchange's Web site
(http://www.nyse.com) provides a link to the Trust's Web site. The spot

price of gold and the IIV on the Trust's Web site are subject to a 5 to
10 second delay.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \4\ in general, and furthers the objectives of Section
6(b)(5) of the Act \5\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system; and, in general, to protect investors and the public interest.

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

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

    The Exchange believes that the proposed rule change will impose no
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received comments on this
proposal.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2006-80 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2006-80. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NYSE. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NYSE-2006-80 and should be submitted on or before December 19, 2006.
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    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-20133 Filed 11-27-06; 8:45 am]

BILLING CODE 8011-01-P