80_FR_64245 80 FR 64041 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

80 FR 64041 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range64041-64042
FR Document2015-26809

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64041-64042]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26809]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76177; File No. SR-ISE-2015-31]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Amend the Schedule of Fees

October 16, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 1, 2015, the International Securities Exchange, LLC 
(the ``Exchange'' or the ``ISE'') 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 self-regulatory organization. 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 ISE proposes to amend language in the Schedule of Fees related 
to excluding days from its average daily volume calculations when the 
market is not open for the entire trading day. The text of the proposed 
rule change is available on the Exchange's Web site (http://www.ise.com), at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

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

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

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

1. Purpose
    Currently, for purposes of determining a member's average daily 
volume (``ADV''), any day that the regular or complex order books are 
not open for the entire trading day may be excluded from such 
calculation. The Exchange proposes to amend language in the Schedule of 
Fees related to excluding days from the ADV calculations used to 
determine applicable fee and rebate tiers. Specifically, the Exchange 
proposes to permit days to be excluded from its ADV calculations where 
the Exchange is technically open for the entire trading day, but has 
instructed members to route away due to a systems or other error that 
ultimately does not impact trading on the Exchange. Currently, the 
Exchange's ability to remove days from its ADV calculations is limited 
to days where the market is not open for the entire trading day. This 
allows the Exchange to exclude days, for example, where the Exchange 
declares a trading halt in all securities, honors a market-wide trading 
halt declared by another market, or closes early for holiday 
observance. Because these days generally have artificially lower 
trading volume, the Exchange believes that it is reasonable and 
equitable to not include such days in determining fee and rebate tiers. 
The Exchange notes, however, that if it has a systems issue in the 
morning before the market opens, it may instruct members to route away 
to other markets. If the systems issue continues into trading hours, 
the Exchange is permitted to exclude the day for all members that would 
have a lower ADV with the day included. If, however, the systems issue 
is resolved prior to the opening of trading, the Exchange is not 
permitted to exclude the day from its ADV calculations. This is the 
case regardless of the fact that many members would have already made 
arrangements to route away in accordance with the Exchange's 
instructions. To prevent this undesirable result, and preserve the 
Exchange's intent behind adopting volume-based pricing, the Exchange 
proposes to allow days to be excluded from its ADV calculation whenever 
all members are instructed, in writing, to route their orders to other 
markets.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\3\ in general, and Section 
6(b)(4) of the Act,\4\ in particular, in that it is designed to provide 
for the equitable allocation of reasonable dues, fees, and other 
charges among its members and other persons using its facilities. The 
Exchange believes that it is reasonable and equitable to exclude a day 
from its ADV calculations when members are instructed to route their 
orders to other markets as this preserves the Exchange's intent behind 
adopting volume-based pricing, and avoids penalizing members that 
follow this instruction. Without this change, members that route away 
in accordance with the Exchange's instructions may be negatively 
impacted, resulting in an effective cost increase for those members. 
The Exchange further believes that the proposed rule change is not 
unfairly discriminatory because it applies equally to all members and 
ADV calculations. As is the Exchange's current practice, the Exchange 
will inform members of any day to be excluded from its ADV calculations 
by sending members a notice and posting such notice on the Exchange's 
Web site.
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    \3\15 U.S.C. 78f.
    \4\15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\5\ the Exchange does 
not believe that the proposed rule change will impose any burden on 
intermarket or intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
believes that the proposed modifications to its ADV calculation are 
pro-competitive and will result in lower total costs to end users, a 
positive outcome of competitive markets. The Exchange operates in a 
highly competitive market in which market participants can readily 
direct their order flow to competing venues. In such an environment, 
the Exchange must

[[Page 64042]]

continually review, and consider adjusting, its fees and rebates to 
remain competitive with other exchanges. For the reasons described 
above, the Exchange believes that the proposed fee changes reflect this 
competitive environment.
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    \5\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act \6\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\7\ because it establishes a due, fee, or other charge 
imposed by ISE.
---------------------------------------------------------------------------

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-ISE-2015-31 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2015-31. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-ISE-2015-31, and should be 
submitted on or before November 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-26809 Filed 10-21-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices                                           64041

                                              should refer to File Number SR–FINRA–                   II. Self-Regulatory Organization’s                    of the fact that many members would
                                              2015–026, and should be submitted on                    Statement of the Purpose of, and                      have already made arrangements to
                                              or before November 12, 2015.                            Statutory Basis for, the Proposed Rule                route away in accordance with the
                                                                                                      Change                                                Exchange’s instructions. To prevent this
                                              VII. Conclusion
                                                                                                         In its filing with the Commission, the             undesirable result, and preserve the
                                                It is therefore ordered, pursuant to                  self-regulatory organization included                 Exchange’s intent behind adopting
                                              Section 19(b)(2) of the Act,20 that the                 statements concerning the purpose of,                 volume-based pricing, the Exchange
                                              proposed rule change (SR–FINRA–                         and basis for, the proposed rule change               proposes to allow days to be excluded
                                              2015–026), as modified by Amendment                     and discussed any comments it received                from its ADV calculation whenever all
                                              No. 1, be, and hereby is, approved on an                on the proposed rule change. The text                 members are instructed, in writing, to
                                              accelerated basis.                                      of these statements may be examined at                route their orders to other markets.
                                                For the Commission, by the Division of                the places specified in Item IV below.                2. Statutory Basis
                                              Trading and Markets, pursuant to delegated              The self-regulatory organization has
                                                                                                                                                               The Exchange believes that the
                                              authority.21                                            prepared summaries, set forth in
                                                                                                                                                            proposed rule change is consistent with
                                              Brent J. Fields,                                        sections A, B and C below, of the most
                                                                                                                                                            the provisions of Section 6 of the Act,3
                                              Secretary.                                              significant aspects of such statements.
                                                                                                                                                            in general, and Section 6(b)(4) of the
                                              [FR Doc. 2015–26808 Filed 10–21–15; 8:45 am]            A. Self-Regulatory Organization’s                     Act,4 in particular, in that it is designed
                                              BILLING CODE 8011–01–P                                  Statement of the Purpose of, and                      to provide for the equitable allocation of
                                                                                                      Statutory Basis for, the Proposed Rule                reasonable dues, fees, and other charges
                                                                                                      Change                                                among its members and other persons
                                              SECURITIES AND EXCHANGE                                                                                       using its facilities. The Exchange
                                              COMMISSION                                              1. Purpose
                                                                                                                                                            believes that it is reasonable and
                                                                                                         Currently, for purposes of                         equitable to exclude a day from its ADV
                                              [Release No. 34–76177; File No. SR–ISE–                 determining a member’s average daily                  calculations when members are
                                              2015–31]                                                volume (‘‘ADV’’), any day that the                    instructed to route their orders to other
                                                                                                      regular or complex order books are not                markets as this preserves the Exchange’s
                                              Self-Regulatory Organizations;                          open for the entire trading day may be                intent behind adopting volume-based
                                              International Securities Exchange,                      excluded from such calculation. The                   pricing, and avoids penalizing members
                                              LLC; Notice of Filing and Immediate                     Exchange proposes to amend language                   that follow this instruction. Without this
                                              Effectiveness of Proposed Rule                          in the Schedule of Fees related to                    change, members that route away in
                                              Change To Amend the Schedule of                         excluding days from the ADV                           accordance with the Exchange’s
                                              Fees                                                    calculations used to determine                        instructions may be negatively
                                                                                                      applicable fee and rebate tiers.                      impacted, resulting in an effective cost
                                              October 16, 2015.                                       Specifically, the Exchange proposes to                increase for those members. The
                                                 Pursuant to Section 19(b)(1) of the                  permit days to be excluded from its                   Exchange further believes that the
                                              Securities Exchange Act of 1934 (the                    ADV calculations where the Exchange is                proposed rule change is not unfairly
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  technically open for the entire trading               discriminatory because it applies
                                              notice is hereby given that on October                  day, but has instructed members to                    equally to all members and ADV
                                              1, 2015, the International Securities                   route away due to a systems or other                  calculations. As is the Exchange’s
                                              Exchange, LLC (the ‘‘Exchange’’ or the                  error that ultimately does not impact                 current practice, the Exchange will
                                              ‘‘ISE’’) filed with the Securities and                  trading on the Exchange. Currently, the               inform members of any day to be
                                              Exchange Commission (‘‘Commission’’)                    Exchange’s ability to remove days from                excluded from its ADV calculations by
                                              the proposed rule change, as described                  its ADV calculations is limited to days               sending members a notice and posting
                                              in Items I, II, and III below, which Items              where the market is not open for the                  such notice on the Exchange’s Web site.
                                              have been prepared by the self-                         entire trading day. This allows the
                                              regulatory organization. The                            Exchange to exclude days, for example,                B. Self-Regulatory Organization’s
                                              Commission is publishing this notice to                 where the Exchange declares a trading                 Statement on Burden on Competition
                                              solicit comments on the proposed rule                   halt in all securities, honors a market-                In accordance with Section 6(b)(8) of
                                              change from interested persons.                         wide trading halt declared by another                 the Act,5 the Exchange does not believe
                                                                                                      market, or closes early for holiday                   that the proposed rule change will
                                              I. Self-Regulatory Organization’s                       observance. Because these days
                                              Statement of the Terms of Substance of                                                                        impose any burden on intermarket or
                                                                                                      generally have artificially lower trading             intramarket competition that is not
                                              the Proposed Rule Change                                volume, the Exchange believes that it is              necessary or appropriate in furtherance
                                                The ISE proposes to amend language                    reasonable and equitable to not include               of the purposes of the Act. The
                                              in the Schedule of Fees related to                      such days in determining fee and rebate               Exchange believes that the proposed
                                              excluding days from its average daily                   tiers. The Exchange notes, however, that              modifications to its ADV calculation are
                                              volume calculations when the market is                  if it has a systems issue in the morning              pro-competitive and will result in lower
                                              not open for the entire trading day. The                before the market opens, it may instruct              total costs to end users, a positive
                                              text of the proposed rule change is                     members to route away to other markets.               outcome of competitive markets. The
                                              available on the Exchange’s Web site                    If the systems issue continues into                   Exchange operates in a highly
                                              (http://www.ise.com), at the principal                  trading hours, the Exchange is permitted              competitive market in which market
tkelley on DSK3SPTVN1PROD with NOTICES




                                              office of the Exchange, and at the                      to exclude the day for all members that               participants can readily direct their
                                              Commission’s Public Reference Room.                     would have a lower ADV with the day                   order flow to competing venues. In such
                                                                                                      included. If, however, the systems issue              an environment, the Exchange must
                                                20 15U.S.C. 78s(b)(2).                                is resolved prior to the opening of
                                                21 17CFR 200.30–3(a)(12).                             trading, the Exchange is not permitted                  315 U.S.C. 78f.
                                                115 U.S.C.78s(b)(1)                                   to exclude the day from its ADV                         415 U.S.C. 78f(b)(4).
                                                217 CFR 240.19b–4.                                    calculations. This is the case regardless               5 15 U.S.C. 78f(b)(8).




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                                              64042                         Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices

                                              continually review, and consider                         All submissions should refer to File                   1, 2015, the International Securities
                                              adjusting, its fees and rebates to remain                Number SR–ISE–2015–31. This file                       Exchange, LLC (the ‘‘Exchange’’ or
                                              competitive with other exchanges. For                    number should be included on the                       ‘‘ISE’’) filed with the Securities and
                                              the reasons described above, the                         subject line if email is used. To help the             Exchange Commission the proposed
                                              Exchange believes that the proposed fee                  Commission process and review your                     rule change, as described in Items I, II,
                                              changes reflect this competitive                         comments more efficiently, please use                  and III below, which items have been
                                              environment.                                             only one method. The Commission will                   prepared by the self-regulatory
                                                                                                       post all comments on the Commission’s                  organization. The Commission is
                                              C. Self-Regulatory Organization’s                        Internet Web site (http://www.sec.gov/                 publishing this notice to solicit
                                              Statement on Comments on the                             rules/sro.shtml). Copies of the                        comments on the proposed rule change
                                              Proposed Rule Change Received From                       submission, all subsequent                             from interested persons.
                                              Members, Participants, or Others                         amendments, all written statements
                                                                                                                                                              I. Self-Regulatory Organization’s
                                                The Exchange has not solicited, and                    with respect to the proposed rule
                                                                                                                                                              Statement of the Terms of Substance of
                                              does not intend to solicit, comments on                  change that are filed with the
                                                                                                                                                              the Proposed Rule Change
                                              this proposed rule change. The                           Commission, and all written
                                              Exchange has not received any                            communications relating to the                            ISE proposes to amend the Schedule
                                              unsolicited written comments from                        proposed rule change between the                       of Fees as described in more detail
                                              members or other interested parties.                     Commission and any person, other than                  below. The text of the proposed rule
                                                                                                       those that may be withheld from the                    change is available on the Exchange’s
                                              III. Date of Effectiveness of the                        public in accordance with the                          Internet Web site at http://www.ise.com,
                                              Proposed Rule Change and Timing for                      provisions of 5 U.S.C. 552, will be                    at the principal office of the Exchange,
                                              Commission Action                                        available for Web site viewing and                     and at the Commission’s Public
                                                 The foregoing rule change has become                  printing in the Commission’s Public                    Reference Room.
                                              effective pursuant to Section                            Reference Room, 100 F Street NE.,                      II. Self-Regulatory Organization’s
                                              19(b)(3)(A)(ii) of the Act 6 and                         Washington, DC 20549 on official                       Statement of the Purpose of, and
                                              subparagraph (f)(2) of Rule 19b–4                        business days between the hours of                     Statutory Basis for, the Proposed Rule
                                              thereunder,7 because it establishes a                    10:00 a.m. and 3:00 p.m. Copies of such                Change
                                              due, fee, or other charge imposed by                     filing also will be available for
                                                                                                       inspection and copying at the principal                   In its filing with the Commission, the
                                              ISE.                                                                                                            Exchange included statements
                                                 At any time within 60 days of the                     office of the Exchange. All comments
                                                                                                       received will be posted without change;                concerning the purpose of, and basis for,
                                              filing of such proposed rule change, the                                                                        the proposed rule change and discussed
                                              Commission summarily may                                 the Commission does not edit personal
                                                                                                       identifying information from                           any comments it received on the
                                              temporarily suspend such rule change if                                                                         proposed rule change. The text of these
                                              it appears to the Commission that such                   submissions. You should submit only
                                                                                                       information that you wish to make                      statements may be examined at the
                                              action is necessary or appropriate in the                                                                       places specified in Item IV below. The
                                              public interest, for the protection of                   available publicly. All submissions
                                                                                                       should refer to File Number SR–ISE–                    self-regulatory organization has
                                              investors, or otherwise in furtherance of                                                                       prepared summaries, set forth in
                                                                                                       2015–31, and should be submitted on or
                                              the purposes of the Act. If the                                                                                 Sections A, B and C below, of the most
                                                                                                       before November 12, 2015.
                                              Commission takes such action, the                                                                               significant aspects of such statements.
                                              Commission shall institute proceedings                     For the Commission, by the Division of
                                              to determine whether the proposed rule                   Trading and Markets, pursuant to delegated             A. Self-Regulatory Organization’s
                                                                                                       authority.8                                            Statement of the Purpose of, and
                                              should be approved or disapproved.
                                                                                                       Brent J. Fields,                                       Statutory Basis for, the Proposed Rule
                                              IV. Solicitation of Comments                             Secretary.                                             Change
                                                Interested persons are invited to                      [FR Doc. 2015–26809 Filed 10–21–15; 8:45 am]
                                                                                                                                                              1. Purpose
                                              submit written data, views, and                          BILLING CODE 8011–01–P
                                                                                                                                                                 The Exchange proposes to amend its
                                              arguments concerning the foregoing,
                                                                                                                                                              Schedule of Fees to increase the fees
                                              including whether the proposed rule
                                                                                                       SECURITIES AND EXCHANGE                                charged to subscribers of the ISE Order
                                              change is consistent with the Act.
                                                                                                       COMMISSION                                             Feed and to standardize the managed
                                              Comments may be submitted by any of
                                                                                                                                                              data fees charged for the ISE Order
                                              the following methods:                                   [Release No. 34–76181; File No. SR–ISE–
                                                                                                                                                              Feed, ISE Top Quote Feed, and ISE
                                                                                                       2015–33]
                                              Electronic Comments                                                                                             Spread Feed 3 with a modest increase to
                                                • Use the Commission’s Internet                        Self-Regulatory Organizations;                         the fees charged.
                                              comment form (http://www.sec.gov/                        International Securities Exchange,                     Order Feed
                                              rules/sro.shtml); or                                     LLC; Notice of Filing and Immediate
                                                                                                       Effectiveness of Proposed Rule                           The Order Feed provides real-time
                                                • Send an email to rule-comments@                                                                             updates to subscribers every time a new
                                              sec.gov. Please include File Number SR–                  Change To Amend the Schedule of
                                                                                                       Fees                                                   limit order that is not immediately
                                              ISE–2015–31 on the subject line.                                                                                executable at the BBO is placed on the
                                              Paper Comments                                           October 16, 2015.                                      ISE order book. The Order Feed also
                                                                                                          Pursuant to Section 19(b)(1) of the                 announces the commencement of
                                                • Send paper comments in triplicate
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                       Securities Exchange Act of 1934 (the
                                              to Brent J. Fields, Secretary, Securities                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                    3 With the exception that the ISE Spread Feed

                                              and Exchange Commission, 100 F Street                    notice is hereby given that on October                 will continue to be subject to a higher controlled
                                              NE., Washington, DC 20549–1090.                                                                                 device fee than the ISE Order Feed and ISE Top
                                                                                                                                                              Quote Feed. Additionally, nothing in this rule filing
                                                                                                         8 17 CFR 200.30–3(a)(12).                            affects subscription fee discounts offered to
                                                6 15 U.S.C. 78s(b)(3)(A)(ii).                            1 15 U.S.C. 78s(b)(1).                               members who subscribe to two data feeds (10%) or
                                                7 17 CFR 240.19b–4(f)(2).                                2 17 CFR 240.19b–4.                                  three data feeds (20%).



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Document Created: 2015-12-14 15:33:55
Document Modified: 2015-12-14 15:33:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 64041 

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