82_FR_35707 82 FR 35562 - Consolidated Tape Association; Notice of Filing and Immediate Effectiveness of the Twenty-Eight Substantive Amendment to the Second Restatement of the CTA Plan and the Twentieth Amendment to the Restated CQ Plan

82 FR 35562 - Consolidated Tape Association; Notice of Filing and Immediate Effectiveness of the Twenty-Eight Substantive Amendment to the Second Restatement of the CTA Plan and the Twentieth Amendment to the Restated CQ Plan

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 145 (July 31, 2017)

Page Range35562-35563
FR Document2017-16000

Federal Register, Volume 82 Issue 145 (Monday, July 31, 2017)
[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Notices]
[Pages 35562-35563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16000]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81199; File No. SR-CTA/CQ-2017-03]


Consolidated Tape Association; Notice of Filing and Immediate 
Effectiveness of the Twenty-Eight Substantive Amendment to the Second 
Restatement of the CTA Plan and the Twentieth Amendment to the Restated 
CQ Plan

July 25, 2017.
    Pursuant to Section 11A of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that 
on June 30, 2017, the Consolidated Tape Association (``CTA'') Plan 
participants (``Participants'') \3\ filed with the Securities and 
Exchange Commission (``Commission'') a proposal to amend the Second 
Restatement of the CTA Plan and the Restated Consolidated Quotation 
(``CQ'') Plan (``Plans'').\4\ These amendments represent the Twenty-
Eighth Substantive Amendment to the CTA Plan and the Twentieth 
Amendment to the CQ Plan (``Amendments''). The Amendments seek to amend 
the Plans in order to reflect changes to the names and addresses of 
certain Participants, as set forth in Section III(a) of the Plans. 
Pursuant to Rule 608(b)(3)(ii) under Regulation NMS,\5\ the 
Participants designate the Amendments as concerned solely with the 
administration of the Plans and as ``Ministerial Amendments'' under 
both Section IV(b) of the CTA Plan and Section IV(c) of the CQ Plan. As 
a result, the Amendments were effective upon filing and were submitted 
by the Chairman of the Plan's Operating Committee. The Commission is 
publishing this notice to solicit comments from interested persons on 
the proposed Amendments.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The Participants are: Bats BYX Exchange, Inc., BATS BZX 
Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., 
Chicago Board Options Exchange, Inc., Chicago Stock Exchange, Inc., 
Financial Industry Regulatory Authority, Inc., International 
Securities Exchange, LLC, Investors' Exchange LLC, NASDAQ BX, Inc., 
NASDAQ PHLX, Inc., NASDAQ Stock Market LLC, New York Stock Exchange 
LLC, NYSE Arca, Inc., NYSE MKT LLC, and NYSE National, Inc.
    \4\ See Securities Exchange Act Release Nos. 10787 (May 10, 
1974), 39 FR 17799 (May 20, 1974) (declaring the CTA Plan 
effective); 15009 (July 28, 1978), 43 FR 34851 (August 7, 1978) 
(temporarily authorizing the CQ Plan); and 16518 (January 22, 1980), 
45 FR 6521 (January 28, 1980) (permanently authorizing the CQ Plan). 
The most recent restatement of both Plans was in 1995. The CTA Plan, 
pursuant to which markets collect and disseminate last sale price 
information for non-NASDAQ listed securities, is a ``transaction 
reporting plan'' under Rule 601 under the Act, 17 CFR 242.601, and a 
``national market system plan'' under Rule 608 under the Act, 17 CFR 
242.608. The CQ Plan, pursuant to which markets collect and 
disseminate bid/ask quotation information for listed securities, is 
a ``national market system plan'' under Rule 608 under the Act, 17 
CFR 242.608.
    \5\ 17 CFR 242.608(b)(3)(ii).
---------------------------------------------------------------------------

I. Rule 608(a)

A. Purpose of the Amendments

    The Amendments effectuate changes that certain Participants have 
made to their names and addresses, as set forth in Section III(a) of 
the Plans.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of the Amendments

    Because the Amendments constitute ``Ministerial Amendments'' under 
both Section IV(b) of the CTA Plan and Section IV(c) under the CQ Plan, 
the Chairman of the Plan's Operating Committee may submit the 
Amendments to the Commission on behalf of the Participants in the 
Plans. Because the Participants have designated the Amendments as 
concerned solely with the administration of the Plans, the Amendments 
become effective upon filing with the Commission.

D. Development and Implementation Phases

    Not applicable.

E. Analysis of Impact on Competition

    The Participants assert that the Amendments do not impose any 
burden on competition because they merely effectuate a change in the 
names and addresses of certain Participants. For the same reasons, the 
Participants do not believe that the Amendments introduce terms that 
are unreasonably discriminatory for purposes of Section 11A(c)(1)(D) of 
the Exchange Act.

F. Written Understanding or Agreements Relating to Interpretation of, 
or Participation in, Plan

    Not applicable.

G. Approval by Sponsors in Accordance With Plan

    See Item I.C. above.

H. Description of Operation of Facility Contemplated by the Proposed 
Amendments

    Not applicable.

I. Terms and Conditions of Access

    Not applicable.

J. Method of Determination and Imposition, and Amount of, Fees and 
Charges

    Not applicable.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

II. Rule 601(a)

A. Equity Securities for Which Transaction Reports Shall be Required by 
the Plan

    Not applicable.

B. Reporting Requirements

    Not applicable.

C. Manner of Collecting, Processing, Sequencing, Making Available and 
Disseminating Last Sale Information

    Not applicable.

D. Manner of Consolidation

    Not applicable.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness 
of Transaction Reports

    Not applicable.

F. Rules and Procedures Addressed to Fraudulent or Manipulative 
Dissemination

    Not applicable.

[[Page 35563]]

G. Terms of Access to Transaction Reports

    Not applicable.

H. Identification of Marketplace of Execution

    Not applicable.

III. Solicitation of Comments

    The Commission seeks general comments on the Amendments. Interested 
persons are invited to submit written data, views, and arguments 
concerning the foregoing, including whether the proposed Amendments are 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CTA/CQ-2017-03 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-CTA/CQ-2017-03. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies 
of the submission, all written statements with respect to the proposed 
Amendments that are filed with the Commission, and all written 
communications relating to the proposed Amendments 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 
the filing also will be available for Web site viewing and printing at 
the principal office of the Plans. 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-CTA/CQ-2017-03 and should be submitted on or before 
August 21, 2017.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2017-16000 Filed 7-28-17; 8:45 am]
BILLING CODE 8011-01-P



                                                35562                           Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Notices

                                                that the Exchange will provide further                   These amendments represent the                           E. Analysis of Impact on Competition
                                                notifications to members to ensure                       Twenty-Eighth Substantive Amendment
                                                                                                                                                                     The Participants assert that the
                                                clarity about the delay of                               to the CTA Plan and the Twentieth
                                                                                                                                                                  Amendments do not impose any burden
                                                implementation of these                                  Amendment to the CQ Plan
                                                                                                                                                                  on competition because they merely
                                                functionalities.84 The Commission                        (‘‘Amendments’’). The Amendments
                                                                                                                                                                  effectuate a change in the names and
                                                believes that the proposed rule change                   seek to amend the Plans in order to
                                                                                                                                                                  addresses of certain Participants. For the
                                                helps ensure clarity about the delay of                  reflect changes to the names and
                                                                                                                                                                  same reasons, the Participants do not
                                                implementation of this functionality.                    addresses of certain Participants, as set
                                                                                                                                                                  believe that the Amendments introduce
                                                   For these reasons, the Commission                     forth in Section III(a) of the Plans.
                                                                                                                                                                  terms that are unreasonably
                                                believes that the proposed rule change                   Pursuant to Rule 608(b)(3)(ii) under
                                                                                                                                                                  discriminatory for purposes of Section
                                                is consistent with the Act.                              Regulation NMS,5 the Participants
                                                                                                                                                                  11A(c)(1)(D) of the Exchange Act.
                                                                                                         designate the Amendments as
                                                IV. Conclusion
                                                                                                         concerned solely with the                                F. Written Understanding or Agreements
                                                  It is Therefore Ordered, pursuant to                   administration of the Plans and as                       Relating to Interpretation of, or
                                                Section 19(b)(2) of the Act,85 that the                  ‘‘Ministerial Amendments’’ under both                    Participation in, Plan
                                                proposed rule change (SR–MRX–2017–                       Section IV(b) of the CTA Plan and
                                                02) be, and hereby is, approved.                                                                                    Not applicable.
                                                                                                         Section IV(c) of the CQ Plan. As a result,
                                                  For the Commission, by the Division of                 the Amendments were effective upon                       G. Approval by Sponsors in Accordance
                                                Trading and Markets, pursuant to delegated               filing and were submitted by the                         With Plan
                                                authority.86                                             Chairman of the Plan’s Operating
                                                                                                         Committee. The Commission is                               See Item I.C. above.
                                                Eduardo A. Aleman,
                                                Assistant Secretary.                                     publishing this notice to solicit                        H. Description of Operation of Facility
                                                [FR Doc. 2017–15994 Filed 7–28–17; 8:45 am]              comments from interested persons on                      Contemplated by the Proposed
                                                BILLING CODE 8011–01–P
                                                                                                         the proposed Amendments.                                 Amendments
                                                                                                         I. Rule 608(a)                                             Not applicable.
                                                SECURITIES AND EXCHANGE                                  A. Purpose of the Amendments                             I. Terms and Conditions of Access
                                                COMMISSION                                                 The Amendments effectuate changes                        Not applicable.
                                                [Release No. 34–81199; File No. SR–CTA/                  that certain Participants have made to
                                                                                                         their names and addresses, as set forth                  J. Method of Determination and
                                                CQ–2017–03]
                                                                                                         in Section III(a) of the Plans.                          Imposition, and Amount of, Fees and
                                                Consolidated Tape Association; Notice                                                                             Charges
                                                                                                         B. Governing or Constituent Documents
                                                of Filing and Immediate Effectiveness                                                                               Not applicable.
                                                of the Twenty-Eight Substantive                               Not applicable.
                                                Amendment to the Second                                                                                           K. Method and Frequency of Processor
                                                                                                         C. Implementation of the Amendments                      Evaluation
                                                Restatement of the CTA Plan and the
                                                Twentieth Amendment to the Restated                         Because the Amendments constitute                       Not applicable.
                                                CQ Plan                                                  ‘‘Ministerial Amendments’’ under both
                                                                                                         Section IV(b) of the CTA Plan and                        L. Dispute Resolution
                                                July 25, 2017.                                           Section IV(c) under the CQ Plan, the                       Not applicable.
                                                   Pursuant to Section 11A of the                        Chairman of the Plan’s Operating
                                                Securities Exchange Act of 1934                          Committee may submit the                                 II. Rule 601(a)
                                                (‘‘Act’’),1 and Rule 608 thereunder,2                    Amendments to the Commission on                          A. Equity Securities for Which
                                                notice is hereby given that on June 30,                  behalf of the Participants in the Plans.                 Transaction Reports Shall be Required
                                                2017, the Consolidated Tape                              Because the Participants have                            by the Plan
                                                Association (‘‘CTA’’) Plan participants                  designated the Amendments as
                                                (‘‘Participants’’) 3 filed with the                      concerned solely with the                                  Not applicable.
                                                Securities and Exchange Commission                       administration of the Plans, the
                                                (‘‘Commission’’) a proposal to amend                                                                              B. Reporting Requirements
                                                                                                         Amendments become effective upon
                                                the Second Restatement of the CTA Plan                   filing with the Commission.                                Not applicable.
                                                and the Restated Consolidated
                                                Quotation (‘‘CQ’’) Plan (‘‘Plans’’).4                    D. Development and Implementation                        C. Manner of Collecting, Processing,
                                                                                                         Phases                                                   Sequencing, Making Available and
                                                  84 See id.                                                  Not applicable.                                     Disseminating Last Sale Information
                                                  85 15 U.S.C. 78s(b)(2).
                                                  86 17 CFR 200.30–3(a)(12).
                                                                                                                                                                    Not applicable.
                                                                                                         1978), 43 FR 34851 (August 7, 1978) (temporarily
                                                  1 15 U.S.C. 78k–1.
                                                                                                         authorizing the CQ Plan); and 16518 (January 22,         D. Manner of Consolidation
                                                  2 17 CFR 242.608.
                                                                                                         1980), 45 FR 6521 (January 28, 1980) (permanently
                                                  3 The Participants are: Bats BYX Exchange, Inc.,       authorizing the CQ Plan). The most recent                  Not applicable.
                                                BATS BZX Exchange, Inc., Bats EDGA Exchange,             restatement of both Plans was in 1995. The CTA
                                                Inc., Bats EDGX Exchange, Inc., Chicago Board            Plan, pursuant to which markets collect and
                                                                                                                                                                  E. Standards and Methods Ensuring
                                                Options Exchange, Inc., Chicago Stock Exchange,          disseminate last sale price information for non-         Promptness, Accuracy and
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                                                Inc., Financial Industry Regulatory Authority, Inc.,     NASDAQ listed securities, is a ‘‘transaction             Completeness of Transaction Reports
                                                International Securities Exchange, LLC, Investors’       reporting plan’’ under Rule 601 under the Act, 17
                                                Exchange LLC, NASDAQ BX, Inc., NASDAQ PHLX,              CFR 242.601, and a ‘‘national market system plan’’         Not applicable.
                                                Inc., NASDAQ Stock Market LLC, New York Stock            under Rule 608 under the Act, 17 CFR 242.608. The
                                                Exchange LLC, NYSE Arca, Inc., NYSE MKT LLC,             CQ Plan, pursuant to which markets collect and           F. Rules and Procedures Addressed to
                                                and NYSE National, Inc.                                  disseminate bid/ask quotation information for listed     Fraudulent or Manipulative
                                                  4 See Securities Exchange Act Release Nos. 10787       securities, is a ‘‘national market system plan’’ under   Dissemination
                                                (May 10, 1974), 39 FR 17799 (May 20, 1974)               Rule 608 under the Act, 17 CFR 242.608.
                                                (declaring the CTA Plan effective); 15009 (July 28,        5 17 CFR 242.608(b)(3)(ii).                              Not applicable.


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                                                                                Federal Register / Vol. 82, No. 145 / Monday, July 31, 2017 / Notices                                                       35563

                                                G. Terms of Access to Transaction                          By the Commission.                                    II. Clearing Agency’s Statement of the
                                                Reports                                                  Brent J. Fields,                                        Purpose of, and Statutory Basis for, the
                                                  Not applicable.                                        Secretary.                                              Proposed Rule Change
                                                                                                         [FR Doc. 2017–16000 Filed 7–28–17; 8:45 am]                In its filing with the Commission, the
                                                H. Identification of Marketplace of
                                                                                                                                                                 clearing agency included statements
                                                Execution                                                BILLING CODE 8011–01–P
                                                                                                                                                                 concerning the purpose of and basis for
                                                  Not applicable.                                                                                                the proposed rule change and discussed
                                                III. Solicitation of Comments                            SECURITIES AND EXCHANGE                                 any comments it received on the
                                                                                                         COMMISSION                                              proposed rule change. The text of these
                                                   The Commission seeks general                                                                                  statements may be examined at the
                                                comments on the Amendments.                                                                                      places specified in Item IV below. The
                                                Interested persons are invited to submit                 [Release No. 34–81203; File No. SR–NSCC–
                                                                                                                                                                 clearing agency has prepared
                                                written data, views, and arguments                       2017–010]
                                                                                                                                                                 summaries, set forth in sections A, B,
                                                concerning the foregoing, including                                                                              and C below, of the most significant
                                                whether the proposed Amendments are                      Self-Regulatory Organizations;
                                                                                                         National Securities Clearing                            aspects of such statements.
                                                consistent with the Act. Comments may
                                                be submitted by any of the following                     Corporation; Notice of Filing of a                      (A) Clearing Agency’s Statement of the
                                                methods:                                                 Proposed Rule Change To Expand the                      Purpose of, and Statutory Basis for, the
                                                                                                         Application of the Family-Issued                        Proposed Rule Change
                                                Electronic Comments
                                                                                                         Securities Charge                                       1. Purpose
                                                  • Use the Commission’s Internet
                                                comment form (http://www.sec.gov/                        July 25, 2017.                                             Currently, in calculating its Members’
                                                rules/sro.shtml); or                                        Pursuant to Section 19(b)(1) of the                  required deposits to the Clearing Fund,
                                                  • Send an email to rule-comments@                      Securities Exchange Act of 1934                         NSCC excludes positions in Family-
                                                sec.gov. Please include File Number SR–                                                                          Issued Securities of certain Members
                                                                                                         (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                CTA/CQ–2017–03 on the subject line.                                                                              from its parametric volatility Clearing
                                                                                                         notice is hereby given that on July 10,
                                                                                                                                                                 Fund component (‘‘VaR Charge’’), and
                                                Paper Comments                                           2017, National Securities Clearing
                                                                                                                                                                 instead charges an amount calculated by
                                                   • Send paper comments in triplicate                   Corporation (‘‘NSCC’’) filed with the                   multiplying the absolute value of the
                                                to Brent J. Fields, Secretary, Securities                Securities and Exchange Commission                      long, net unsettled positions in that
                                                and Exchange Commission, 100 F Street                    (‘‘Commission’’) the proposed rule                      Member’s Family-Issued Securities by a
                                                NE., Washington, DC 20549–1090.                          change as described in Items I, II and III              percentage that is no less than 40
                                                All submissions should refer to File                     below, which Items have been prepared                   percent (‘‘FIS Charge’’). The FIS Charge
                                                Number SR–CTA/CQ–2017–03. This file                      by the clearing agency.3 The                            is currently only applied to Members
                                                number should be included on the                         Commission is publishing this notice to                 that are rated 5, 6, or 7 on the Credit
                                                subject line if email is used. To help the               solicit comments on the proposed rule                   Risk Rating Matrix (‘‘CRRM’’). The
                                                Commission process and review your                       change from interested persons.                         proposed change would expand the
                                                comments more efficiently, please use                                                                            application of the FIS Charge to the
                                                only one method. The Commission will                     I. Clearing Agency’s Statement of the
                                                                                                                                                                 positions in Family-Issued Securities of
                                                post all comments on the Commission’s                    Terms of Substance of the Proposed
                                                                                                                                                                 all Members to help NSCC cover the
                                                Web site (http://www.sec.gov/rules/                      Rule Change
                                                                                                                                                                 specific wrong-way risk posed by
                                                sro.shtml). Copies of the submission, all                                                                        Family-Issued Securities, as described
                                                                                                            The proposed change consists of
                                                written statements with respect to the                                                                           further below.6 Therefore, NSCC is
                                                proposed Amendments that are filed                       amendments to the NSCC Rules and
                                                                                                         Procedures (‘‘Rules’’) 4 in order to (i)                proposing to amend (i) Rule 1
                                                with the Commission, and all written                                                                             (Definitions and Descriptions) to add a
                                                communications relating to the                           expand the application of NSCC’s
                                                                                                         existing family-issued securities charge 5              definition of ‘‘Family-Issued Security,’’
                                                proposed Amendments between the                                                                                  and (ii) Procedure XV (Clearing Fund
                                                Commission and any person, other than                    to apply to all Members, as described
                                                                                                         below, and (ii) include a definition of                 Formula and Other Matters) to expand
                                                those that may be withheld from the                                                                              the application of the FIS Charge to all
                                                public in accordance with the                            ‘‘Family-Issued Security’’ as a security
                                                                                                                                                                 Members by moving the description of
                                                provisions of 5 U.S.C. 552, will be                      that was issued by a Member or by an
                                                                                                                                                                 FIS Charge from Section I.(B)(1) to
                                                available for Web site viewing and                       affiliate of that Member, as described in
                                                                                                                                                                 Sections I.(A)(1) and I.(A)(2) in order to
                                                printing in the Commission’s Public                      greater detail below.                                   make clear that the FIS Charge would be
                                                Reference Room, 100 F Street NE.,                                                                                included as a component of the Clearing
                                                Washington, DC 20549, on official                             1 15
                                                                                                                U.S.C. 78s(b)(1).                                Fund formula calculated for all
                                                business days between the hours of                            2 17
                                                                                                                CFR 240.19b–4.
                                                                                                                                                                 Members.
                                                                                                           3 On July 10, 2017, NSCC filed this proposed rule
                                                10:00 a.m. and 3:00 p.m. Copies of the                                                                              As a central counterparty, NSCC
                                                                                                         change as an advance notice (SR–NSCC–2017–804)
                                                filing also will be available for Web site               with the Commission pursuant to Section 806(e)(1)       occupies an important role in the
                                                viewing and printing at the principal                    of the Dodd-Frank Wall Street Reform and                securities settlement system by
                                                office of the Plans. All comments                        Consumer Protection Act entitled the Payment,           interposing itself between
                                                received will be posted without change;                  Clearing, and Settlement Supervision Act of 2010,
                                                                                                         12 U.S.C. 5465(e)(1), and Rule 19b–4(n)(1)(i) of the    counterparties to financial transactions
                                                the Commission does not edit personal
sradovich on DSKBCFCHB2PROD with NOTICES




                                                                                                         Act, 17 CFR 240.19b–4(n)(1)(i). A copy of the           and thereby reducing the risk faced by
                                                identifying information from                             advance notice is available at http://www.dtcc.com/     participants and contributing to global
                                                submissions. You should submit only                      legal/sec-rule-filings.aspx.                            financial stability. The effectiveness of a
                                                information that you wish to make                          4 Terms not defined herein are defined in the
                                                                                                                                                                 central counterparty’s risk controls and
                                                available publicly. All submissions                      Rules, available at www.dtcc.com/∼/media/Files/
                                                                                                         Downloads/legal/rules/nscc_rules.pdf.                   the adequacy of its financial resources
                                                should refer to File Number SR–CTA/                        5 The family-issued securities charge is currently
                                                CQ–2017–03 and should be submitted                       described in Procedure XV, Section I.(B)(1) of the        6 Members that do not trade in Family-Issued

                                                on or before August 21, 2017.                            Rules, supra note 4.                                    Securities would not be subject to the FIS Charge.



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Document Created: 2017-07-29 00:21:10
Document Modified: 2017-07-29 00:21:10
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 Citation82 FR 35562 

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