80_FR_79041 80 FR 78799 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Accelerated Approval of a Proposed Rule Change To Trade Expiring MSCI EAFE Index Options Until 3:00 p.m.

80 FR 78799 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Accelerated Approval of a Proposed Rule Change To Trade Expiring MSCI EAFE Index Options Until 3:00 p.m.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 242 (December 17, 2015)

Page Range78799-78800
FR Document2015-31678

Federal Register, Volume 80 Issue 242 (Thursday, December 17, 2015)
[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78799-78800]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31678]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76632; File No. SR-CBOE-2015-104]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Order Granting Accelerated Approval of a Proposed Rule 
Change To Trade Expiring MSCI EAFE Index Options Until 3:00 p.m.

December 11, 2015.

I. Introduction

    On November 13, 2015, the Chicago Board Options Exchange, 
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities 
and Exchange Commission (the ``Commission''), pursuant to Section 
19(b)(1) of the Securities Exchange Act of 1934 (the ``Act'') \1\ and 
Rule 19b-4 thereunder,\2\ a proposed rule change to change the trading 
hours for expiring MSCI EAFE Index (``EAFE'') options. This proposal 
was published for comment in the Federal Register on November 25, 
2015.\3\ The Commission received no comments regarding the proposal. 
This order approves the proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76482 (November 19, 
2015), 80 FR 73839 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to change the trading hours for expiring EAFE 
options from 10:00 a.m. (Chicago time) on their expiration date to 3:00 
p.m. (Chicago time) on their expiration date. When the Exchange first 
listed EAFE options, the MSCI EAFE Index was not calculated and 
disseminated during the entire time period during which EAFE options 
were traded on the Exchange. Accordingly, the Exchange set the initial 
trading hours for expiring EAFE options to align with expiring EAFE 
futures contracts traded on the Intercontinental Exchange, Inc. 
(``ICE''), which stopped trading at 10:00 a.m. (Chicago time) on the 
third Friday of the futures contracts month.\4\
---------------------------------------------------------------------------

    \4\ See Notice, supra note 3, at 73840. The Exchange established 
listing criteria that permits the trading of EAFE options ``after 
trading in all component securities has closed for the day and the 
index level is no longer widely disseminated at least once every 
fifteen (15) seconds by one or more major market data vendors, 
provided that EAFE futures contracts are trading and prices for 
those contract may be used as a proxy for the current index value.'' 
See CBOE Rule 24.2.01(a)(8).
---------------------------------------------------------------------------

    The MSCI EAFE Index, however, will now be calculated and 
disseminated through the close of trading on U.S.

[[Page 78800]]

markets at 3:00 p.m. (Chicago time). As such, the Exchange understands 
that ICE is changing the trading hours for expiring EAFE futures 
contracts listed on ICE from 10:00 a.m. (Chicago time) to 3:15 p.m. 
(Chicago time).\5\ Because the MSCI EAFE Index will now be calculated 
and disseminated through the close of trading on U.S. markets (until 
3:00 p.m. (Chicago time)) and because ICE is also changing the trading 
hours for expiring EAFE futures (to close at 3:15 p.m. (Chicago time)), 
the Exchange proposes to change the closing time for trading in 
expiring EAFE options from 10:00 a.m. (Chicago time) to 3:00 p.m. 
(Chicago time) on their expiration date.
---------------------------------------------------------------------------

    \5\ See Notice, supra note 3, at 73840.
---------------------------------------------------------------------------

    The Exchange proposes to close trading at 3:00 p.m. (Chicago 
time)--rather than at 3:15 p.m. (Chicago time), the time ICE ceases 
trading for expiring EAFE futures contracts--because, according to the 
Exchange, on the last day of trading, the closing prices of the 
component stocks, which are used to derive the exercise settlement 
value of the EAFE options, are known at 3:00 p.m. (Chicago time) (or 
shortly thereafter).\6\ The Exchange further notes that this proposed 
rule change is consistent with the closing times for other expiring 
P.M.-settled contracts that underlie indexes that close when the U.S. 
equity markets close at 3:00 p.m. (Chicago time).\7\
---------------------------------------------------------------------------

    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    The Exchange proposes to change the trading hours for expiring EAFE 
options beginning with the December 2015 expiration, which occurs on 
December 18, 2015. The Exchange is proposing to have this change apply 
to all EAFE options listed on or before the effective date of this 
filing and all EAFE options listed afterward.

III. Discussion and Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange.\8\ 
In particular, the Commission finds that the proposed rule change is 
consistent with Section 6(b)(5) of the Act,\9\ which requires, among 
other things, that the rules of a national securities exchange be 
designed to prevent fraudulent and manipulative acts and practices, 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.
---------------------------------------------------------------------------

    \8\ In approving this proposal, the Commission has considered 
the proposed rule's impact on efficiency, competition, and capital 
formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that it is consistent with the Act for the 
Exchange to change the trading hours for expiring EAFE options from a 
close of 10:00 a.m. (Chicago time) to 3:00 p.m. (Chicago time), because 
the MSCI EAFE Index will now be calculated and disseminated through the 
close of trading at 3:00 p.m. (Chicago time) and thus the current index 
value should be widely available to market participants throughout the 
entire trading day. Further, the proposed rule change will allow the 
trading hours of EAFE options to continue to closely align with the 
trading hours of expiring EAFE futures contracts, which the Commission 
believes will afford investors and market participants the ability to 
continue to hedge across markets. The Commission also notes that the 
trading hours are consistent with the closing times of other P.M.-
settled contracts listed on the Exchange that underlie indexes that 
close when the U.S. equity markets close at 3:00 p.m. (Chicago 
time).\10\
---------------------------------------------------------------------------

    \10\ See CBOE Rules 24.6.01, 24.6.03, 24.6.04 and 24.9(e).
---------------------------------------------------------------------------

    In addition, the Commission finds good cause, pursuant to Section 
19(b)(2) of the Act,\11\ for approving the proposed rule change prior 
to the 45th day after publication of notice in the Federal Register. 
The proposed rule change to modify the trading hours of EAFE options 
was published for a 15-day comment period to ensure that the public had 
an opportunity to review the proposal and no comments were received. 
The proposed rule change will increase the trading hours during which 
EAFE options may be traded, which the Commission believes should 
broaden the trading and hedging opportunities for investors. Further, 
the Commission notes that the Exchange represents that the change to 
the trading hours for EAFE futures will be implemented with the 
December 2015 expiration. Accordingly, the Commission believes that 
accelerated approval will maintain consistency in the trading hours of 
EAFE options and EAFE futures contracts, which should enable cross-
market competition and facilitate hedging opportunities. For these 
reasons, the Commission finds that good cause exists for approving the 
proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\12\ that the proposed rule change (File No. SR-CBOE-2015-104) be, 
and hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31678 Filed 12-16-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices                                                   78799

                                                      In this instance, the changes to                           • Send an email to rule-comments@                    SECURITIES AND EXCHANGE
                                                    charges and credits do not impose a                        sec.gov. Please include File Number SR–                COMMISSION
                                                    burden on competition because the                          Phlx–2015–98 on the subject line.
                                                                                                                                                                      [Release No. 34–76632; File No. SR–CBOE–
                                                    Exchange membership is optional and is                                                                            2015–104]
                                                    the subject of competition from other                      Paper Comments
                                                    exchanges. The increased credits and                         • Send paper comments in triplicate                  Self-Regulatory Organizations;
                                                    charges are reflective of the intent to                    to Secretary, Securities and Exchange                  Chicago Board Options Exchange,
                                                    increase the order flow on the Exchange.                                                                          Incorporated; Order Granting
                                                                                                               Commission, 100 F Street NE.,
                                                    For these reasons, the Exchange does                                                                              Accelerated Approval of a Proposed
                                                                                                               Washington, DC 20549–1090.
                                                    not believe that any of the proposed                                                                              Rule Change To Trade Expiring MSCI
                                                    changes will impair the ability of                         All submissions should refer to File                   EAFE Index Options Until 3:00 p.m.
                                                    members or competing order execution                       Number SR–Phlx–2015–98. This file
                                                    venues to maintain their competitive                       number should be included on the                       December 11, 2015.
                                                    standing in the financial markets.                         subject line if email is used. To help the             I. Introduction
                                                    Moreover, because there are numerous                       Commission process and review your
                                                    competitive alternatives to the use of the                                                                           On November 13, 2015, the Chicago
                                                                                                               comments more efficiently, please use
                                                    Exchange, it is likely that the Exchange                                                                          Board Options Exchange, Incorporated
                                                                                                               only one method. The Commission will                   (the ‘‘Exchange’’ or ‘‘CBOE’’) filed with
                                                    will lose market share as a result of the                  post all comments on the Commission’s
                                                    changes if they are unattractive to                                                                               the Securities and Exchange
                                                                                                               Internet Web site (https://www.sec.gov/                Commission (the ‘‘Commission’’),
                                                    market participants.                                       rules/sro-shtml). Copies of the
                                                      Accordingly, the Exchange does not                                                                              pursuant to Section 19(b)(1) of the
                                                                                                               submission, all subsequent                             Securities Exchange Act of 1934 (the
                                                    believe that the proposed rule changes
                                                                                                               amendments, all written statements                     ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                                    will impair the ability of members or
                                                    competing order execution venues to                        with respect to the proposed rule                      proposed rule change to change the
                                                    maintain their competitive standing in                     change that are filed with the                         trading hours for expiring MSCI EAFE
                                                    the financial markets.                                     Commission, and all written                            Index (‘‘EAFE’’) options. This proposal
                                                                                                               communications relating to the                         was published for comment in the
                                                    C. Self-Regulatory Organization’s                          proposed rule change between the                       Federal Register on November 25,
                                                    Statement on Comments on the                               Commission and any person, other than                  2015.3 The Commission received no
                                                    Proposed Rule Change Received From                         those that may be withheld from the                    comments regarding the proposal. This
                                                    Members, Participants, or Others                           public in accordance with the                          order approves the proposed rule
                                                      No written comments were either                          provisions of 5 U.S.C. 552, will be                    change on an accelerated basis.
                                                    solicited or received.                                     available for Web site viewing and                     II. Description of the Proposed Rule
                                                    III. Date of Effectiveness of the                          printing in the Commission’s Public                    Change
                                                    Proposed Rule Change and Timing for                        Reference Room, 100 F Street NE.,
                                                                                                               Washington, DC 20549, on official                         The Exchange proposes to change the
                                                    Commission Action                                                                                                 trading hours for expiring EAFE options
                                                                                                               business days between the hours of
                                                       The foregoing rule change has become                                                                           from 10:00 a.m. (Chicago time) on their
                                                                                                               10:00 a.m. and 3:00 p.m. Copies of the
                                                    effective pursuant to Section                                                                                     expiration date to 3:00 p.m. (Chicago
                                                                                                               filing also will be available for
                                                    19(b)(3)(A)(ii) of the Act.10 At any time                                                                         time) on their expiration date. When the
                                                    within 60 days of the filing of the                        inspection and copying at the principal                Exchange first listed EAFE options, the
                                                    proposed rule change, the Commission                       office of the Exchange. All comments                   MSCI EAFE Index was not calculated
                                                    summarily may temporarily suspend                          received will be posted without change;                and disseminated during the entire time
                                                    such rule change if it appears to the                      the Commission does not edit personal                  period during which EAFE options were
                                                    Commission that such action is                             identifying information from                           traded on the Exchange. Accordingly,
                                                    necessary or appropriate in the public                     submissions. You should submit only                    the Exchange set the initial trading
                                                    interest, for the protection of investors,                 information that you wish to make                      hours for expiring EAFE options to align
                                                    or otherwise in furtherance of the                         available publicly. All submissions                    with expiring EAFE futures contracts
                                                    purposes of the Act. If the Commission                     should refer to File Number SR–Phlx–                   traded on the Intercontinental
                                                    takes such action, the Commission shall                    2015–98 and should be submitted on or                  Exchange, Inc. (‘‘ICE’’), which stopped
                                                    institute proceedings to determine                         before January 7, 2016.                                trading at 10:00 a.m. (Chicago time) on
                                                    whether the proposed rule should be                          For the Commission, by the Division of               the third Friday of the futures contracts
                                                    approved or disapproved.                                   Trading and Markets, pursuant to delegated             month.4
                                                                                                               authority.11                                              The MSCI EAFE Index, however, will
                                                    IV. Solicitation of Comments
                                                                                                                                                                      now be calculated and disseminated
                                                      Interested persons are invited to                                                                               through the close of trading on U.S.
                                                    submit written data, views, and                            Robert W. Errett,
                                                    arguments concerning the foregoing,                        Deputy Secretary.                                        1 15 U.S.C. 78s(b)(1).
                                                    including whether the proposed rule                        [FR Doc. 2015–31687 Filed 12–16–15; 8:45 am]             2 17 CFR 240.19b–4.
                                                    change is consistent with the Act.                         BILLING CODE 8011–01–P
                                                                                                                                                                        3 See Securities Exchange Act Release No. 76482

                                                                                                                                                                      (November 19, 2015), 80 FR 73839 (‘‘Notice’’).
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Comments may be submitted by any of                                                                                 4 See Notice, supra note 3, at 73840. The
                                                    the following methods:                                                                                            Exchange established listing criteria that permits
                                                    Electronic Comments                                                                                               the trading of EAFE options ‘‘after trading in all
                                                                                                                                                                      component securities has closed for the day and the
                                                      • Use the Commission’s Internet                                                                                 index level is no longer widely disseminated at
                                                    comment form (http://www.sec.gov/                                                                                 least once every fifteen (15) seconds by one or more
                                                                                                                                                                      major market data vendors, provided that EAFE
                                                    rules/sro.shtml); or                                                                                              futures contracts are trading and prices for those
                                                                                                                                                                      contract may be used as a proxy for the current
                                                      10 15   U.S.C. 78s(b)(3)(A)(ii).                           11 17   CFR 200.30–3(a)(12).                         index value.’’ See CBOE Rule 24.2.01(a)(8).



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                                                    78800                        Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices

                                                    markets at 3:00 p.m. (Chicago time). As                   trade, to remove impediments to and                   IV. Conclusion
                                                    such, the Exchange understands that                       perfect the mechanism of a free and                     It is therefore ordered, pursuant to
                                                    ICE is changing the trading hours for                     open market and a national market                     Section 19(b)(2) of the Act,12 that the
                                                    expiring EAFE futures contracts listed                    system, and, in general, to protect                   proposed rule change (File No. SR–
                                                    on ICE from 10:00 a.m. (Chicago time)                     investors and the public interest.                    CBOE–2015–104) be, and hereby is,
                                                    to 3:15 p.m. (Chicago time).5 Because                        The Commission believes that it is                 approved on an accelerated basis.
                                                    the MSCI EAFE Index will now be
                                                                                                              consistent with the Act for the Exchange                For the Commission, by the Division of
                                                    calculated and disseminated through
                                                                                                              to change the trading hours for expiring              Trading and Markets, pursuant to delegated
                                                    the close of trading on U.S. markets                                                                            authority.13
                                                                                                              EAFE options from a close of 10:00 a.m.
                                                    (until 3:00 p.m. (Chicago time)) and
                                                                                                              (Chicago time) to 3:00 p.m. (Chicago                  Robert W. Errett,
                                                    because ICE is also changing the trading
                                                    hours for expiring EAFE futures (to                       time), because the MSCI EAFE Index                    Deputy Secretary.
                                                    close at 3:15 p.m. (Chicago time)), the                   will now be calculated and                            [FR Doc. 2015–31678 Filed 12–16–15; 8:45 am]
                                                    Exchange proposes to change the                           disseminated through the close of                     BILLING CODE 8011–01–P

                                                    closing time for trading in expiring                      trading at 3:00 p.m. (Chicago time) and
                                                    EAFE options from 10:00 a.m. (Chicago                     thus the current index value should be
                                                    time) to 3:00 p.m. (Chicago time) on                      widely available to market participants               SECURITIES AND EXCHANGE
                                                    their expiration date.                                    throughout the entire trading day.                    COMMISSION
                                                       The Exchange proposes to close                         Further, the proposed rule change will                [Release No. 34–76623; File No. SR–BATS–
                                                    trading at 3:00 p.m. (Chicago time)—                      allow the trading hours of EAFE options               2015–112]
                                                    rather than at 3:15 p.m. (Chicago time),                  to continue to closely align with the
                                                    the time ICE ceases trading for expiring                  trading hours of expiring EAFE futures                Self-Regulatory Organizations; BATS
                                                    EAFE futures contracts—because,                           contracts, which the Commission                       Exchange, Inc.; Notice of Filing and
                                                    according to the Exchange, on the last                    believes will afford investors and                    Immediate Effectiveness of a Proposed
                                                    day of trading, the closing prices of the                 market participants the ability to                    Rule Change to Rules 11.13(b)(4)(A)
                                                    component stocks, which are used to                       continue to hedge across markets. The                 and 21.9(a)(3)(A), Amending
                                                    derive the exercise settlement value of                   Commission also notes that the trading                Aggressive Re-Route Instruction
                                                    the EAFE options, are known at 3:00                       hours are consistent with the closing                 December 11, 2015.
                                                    p.m. (Chicago time) (or shortly                           times of other P.M.-settled contracts                    Pursuant to Section 19(b)(1) of the
                                                    thereafter).6 The Exchange further notes                  listed on the Exchange that underlie                  Securities Exchange Act of 1934 (the
                                                    that this proposed rule change is                         indexes that close when the U.S. equity               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    consistent with the closing times for                     markets close at 3:00 p.m. (Chicago                   notice is hereby given that on December
                                                    other expiring P.M.-settled contracts                     time).10                                              2, 2015, BATS Exchange, Inc. (the
                                                    that underlie indexes that close when
                                                                                                                 In addition, the Commission finds                  ‘‘Exchange’’ or ‘‘BATS’’) filed with the
                                                    the U.S. equity markets close at 3:00
                                                                                                              good cause, pursuant to Section 19(b)(2)              Securities and Exchange Commission
                                                    p.m. (Chicago time).7
                                                                                                              of the Act,11 for approving the proposed              (‘‘Commission’’) the proposed rule
                                                       The Exchange proposes to change the
                                                                                                              rule change prior to the 45th day after               change as described in Items I and II
                                                    trading hours for expiring EAFE options
                                                                                                              publication of notice in the Federal                  below, which Items have been prepared
                                                    beginning with the December 2015
                                                                                                              Register. The proposed rule change to                 by the Exchange. The Exchange has
                                                    expiration, which occurs on December
                                                                                                              modify the trading hours of EAFE                      designated this proposal as a ‘‘non-
                                                    18, 2015. The Exchange is proposing to
                                                                                                              options was published for a 15-day                    controversial’’ proposed rule change
                                                    have this change apply to all EAFE
                                                                                                              comment period to ensure that the                     pursuant to Section 19(b)(3)(A) of the
                                                    options listed on or before the effective
                                                                                                              public had an opportunity to review the               Act 3 and Rule 19b–4(f)(6) thereunder,4
                                                    date of this filing and all EAFE options
                                                                                                              proposal and no comments were                         which renders it effective upon filing
                                                    listed afterward.
                                                                                                              received. The proposed rule change will               with the Commission. The Commission
                                                    III. Discussion and Findings                              increase the trading hours during which               is publishing this notice to solicit
                                                       After careful review, the Commission                   EAFE options may be traded, which the                 comments on the proposed rule change
                                                    finds that the proposed rule change is                    Commission believes should broaden                    from interested persons.
                                                    consistent with the requirements of the                   the trading and hedging opportunities                 I. Self-Regulatory Organization’s
                                                    Act and the rules and regulations                         for investors. Further, the Commission                Statement of the Terms of the Substance
                                                    thereunder applicable to a national                       notes that the Exchange represents that               of the Proposed Rule Change
                                                    securities exchange.8 In particular, the                  the change to the trading hours for
                                                                                                                                                                       The Exchange is proposing to amend
                                                    Commission finds that the proposed                        EAFE futures will be implemented with
                                                                                                                                                                    the Aggressive Re-Route instruction
                                                    rule change is consistent with Section                    the December 2015 expiration.
                                                                                                                                                                    under Exchange Rule 11.13(b)(4)(A) to
                                                    6(b)(5) of the Act,9 which requires,                      Accordingly, the Commission believes                  route such orders where that order has
                                                    among other things, that the rules of a                   that accelerated approval will maintain               been locked or crossed by other Trading
                                                    national securities exchange be                           consistency in the trading hours of                   Centers on the Exchange’s cash equities
                                                    designed to prevent fraudulent and                        EAFE options and EAFE futures                         trading platform (‘‘BATS Equities’’).
                                                    manipulative acts and practices, to                       contracts, which should enable cross-                 Consistent with its practice of offering
                                                    promote just and equitable principles of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                              market competition and facilitate                     similar functionality for the Exchange’s
                                                                                                              hedging opportunities. For these                      equity options trading platform (‘‘BATS
                                                      5 See   Notice, supra note 3, at 73840.                 reasons, the Commission finds that good
                                                      6 Id.
                                                      7 Id.
                                                                                                              cause exists for approving the proposed                 12 15 U.S.C. 78s(b)(2).
                                                      8 In
                                                                                                              rule change on an accelerated basis.                    13 17 CFR 200.30–3(a)(12).
                                                           approving this proposal, the Commission has
                                                                                                                                                                      1 15 U.S.C. 78s(b)(1).
                                                    considered the proposed rule’s impact on
                                                                                                                                                                      2 17 CFR 240.19b–4.
                                                    efficiency, competition, and capital formation. See         10 See CBOE Rules 24.6.01, 24.6.03, 24.6.04 and

                                                    15 U.S.C. 78c(f).                                         24.9(e).                                                3 15 U.S.C. 78s(b)(3)(A).
                                                       9 15 U.S.C. 78f(b)(5).                                   11 15 U.S.C. 78s(b)(2).                               4 17 CFR 240.19b–4(f)(6).




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Document Created: 2018-03-02 09:18:42
Document Modified: 2018-03-02 09:18:42
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 78799 

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