82_FR_9828 82 FR 9803 - Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Filing of a Proposed Rule Change Regarding Block Trades

82 FR 9803 - Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice of Filing of a Proposed Rule Change Regarding Block Trades

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 25 (February 8, 2017)

Page Range9803-9804
FR Document2017-02536

Federal Register, Volume 82 Issue 25 (Wednesday, February 8, 2017)
[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Notices]
[Pages 9803-9804]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02536]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79931; File No. SR-CFE-2017-001]


Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice 
of Filing of a Proposed Rule Change Regarding Block Trades

February 2, 2017.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934 
(``Act''),\1\ notice is hereby given that on January 19, 2017 CBOE 
Futures Exchange, LLC (``CFE'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change described in Items I, II, and III below, which 
Items have been prepared by CFE. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons. CFE also has filed this proposed rule change with the 
Commodity Futures Trading Commission (``CFTC''). CFE filed a written 
certification with the CFTC under Section 5c(c) of the Commodity 
Exchange Act (``CEA'') \2\ on January 19, 2017.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 7 U.S.C. 7a-2(c).
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I. Self-Regulatory Organization's Description of the Proposed Rule 
Change

    The Exchange proposes to amend CFE Rule 415 related to Block 
Trades. The scope of this filing is limited solely to the application 
of the proposed rule amendments to security futures that may be traded 
on CFE. Although no security futures are currently listed for trading 
on CFE, CFE may list security futures for trading in the future. The 
text of the proposed rule change is attached as Exhibit 4 to the filing 
but is not attached to the publication of this notice.

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

    In its filing with the Commission, CFE 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. CFE 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
    CFE Rule 415 sets forth requirements relating to Block Trades. The 
proposed rule change adds paragraph (l) to Rule 415 which relates to 
the front running of Block Trades. Proposed Rule 415(l) makes clear 
that no person may engage in the front running of a Block Trade when 
acting on material non-public information regarding an impending 
transaction by another person, acting on non-public information 
obtained through a confidential employee/employer relationship, broker/
customer relationship, or in breach of a pre-existing duty. Proposed 
Rule 415(l) would apply to all products traded on CFE, including both 
non-security futures and security futures.
    The proposed rule change is being made in connection with other 
proposed amendments to Rule 415 which are not included as part of this 
proposed rule change. Those proposed amendments are to be included in 
new paragraph (k) of Rule 415.\3\ The provisions of proposed Rule 
415(k) are intended to clarify certain restrictions relating to 
disclosure and use of non-public information regarding Block Trades and 
the extent to which counterparties to a Block Trade may enter into pre-
hedging or anticipatory hedging transactions in connection with Block 
Trades. Proposed Rule 415(k) would only apply to non-security futures, 
and the Exchange is including a sentence in proposed Rule 415(k) to

[[Page 9804]]

make clear that its provisions do not apply to security futures.
---------------------------------------------------------------------------

    \3\ Paragraph (k) will be filed simultaneously with paragraph 
(l) with CFTC which is why the provisions of paragraph (l) are 
marked as existing rule text in Exhibit 4.
---------------------------------------------------------------------------

    The Exchange is also re-lettering certain paragraphs in Rule 415 to 
accommodate for the new provisions that are being added.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\4\ in general, and furthers the 
objectives of Sections 6(b)(5) \5\ and 6(b)(7) \6\ in particular in 
that it is designed:
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

     To prevent fraudulent and manipulative acts and practices,
     to promote just and equitable principles of trade, and
     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.
    The Exchange believes that the proposed rule change would provide 
additional guidance to CFE market participants related to the front 
running of Block Trades. The proposed rule change would also contribute 
to enhanced protection of CFE's market and market participants.

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

    CFE does not believe that the proposed rule change will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act, in that the proposed rule change is consistent 
with similar guidance provided by other designated contracts 
markets.\7\ The Exchange believes that the proposed rule change is 
equitable and not unfairly discriminatory in that the rule amendments 
included in the proposed rule change would apply equally to all market 
participants.
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    \7\ These designated contract markets are Chicago Mercantile 
Exchange, Inc. (``CME''), The Board of Trade of the City of Chicago, 
Inc., New York Mercantile Exchange, Inc., New York Mercantile 
Exchange, Inc., and Commodity Exchange, Inc. See, CME Submission No. 
16-470 (November 15, 2016), which is available on the CFTC's Web 
site.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The proposed rule change will become operative on February 2, 2017. 
At any time within 60 days of the date of effectiveness of the proposed 
rule change, the Commission, after consultation with the CFTC, may 
summarily abrogate the proposed rule change and require that the 
proposed rule change be refiled in accordance with the provisions of 
Section 19(b)(1) of the Act.\8\
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    \8\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CFE-2017-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CFE-2017-001. 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-CFE-2017-001, and should be 
submitted on or before March 1, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(73).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-02536 Filed 2-7-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices                                                     9803

                                                    III. Date of Effectiveness of the                       inspection and copying at the principal               as Exhibit 4 to the filing but is not
                                                    Proposed Rule Change and Timing for                     office of the Exchange. All comments                  attached to the publication of this
                                                    Commission Action                                       received will be posted without change;               notice.
                                                      Within 45 days of the date of                         the Commission does not edit personal
                                                                                                            identifying information from                          II. Self-Regulatory Organization’s
                                                    publication of this notice in the Federal                                                                     Statement of the Purpose of, and
                                                    Register or within such longer period                   submissions. You should submit only
                                                                                                            information that you wish to make                     Statutory Basis for, the Proposed Rule
                                                    up to 90 days (i) as the Commission may                                                                       Change
                                                                                                            available publicly. All submissions
                                                    designate if it finds such longer period
                                                                                                            should refer to File Number SR–MIAX–                    In its filing with the Commission, CFE
                                                    to be appropriate and publishes its
                                                                                                            2017–03 and should be submitted on or
                                                    reasons for so finding or (ii) as to which                                                                    included statements concerning the
                                                                                                            before March 1, 2017.
                                                    the self-regulatory organization                                                                              purpose of and basis for the proposed
                                                    consents, the Commission will:                            For the Commission, by the Division of              rule change and discussed any
                                                      (A) By order approve or disapprove                    Trading and Markets, pursuant to delegated            comments it received on the proposed
                                                                                                            authority.35
                                                    the proposed rule change, or                                                                                  rule change. The text of these statements
                                                      (B) institute proceedings to determine                Robert W. Errett,                                     may be examined at the places specified
                                                    whether the proposed rule change                        Deputy Secretary.                                     in Item IV below. CFE has prepared
                                                    should be disapproved.                                  [FR Doc. 2017–02542 Filed 2–7–17; 8:45 am]            summaries, set forth in Sections A, B,
                                                    IV. Solicitation of Comments
                                                                                                            BILLING CODE 8011–01–P                                and C below, of the most significant
                                                                                                                                                                  aspects of such statements.
                                                      Interested persons are invited to
                                                    submit written data, views, and                         SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                                    arguments concerning the foregoing,                     COMMISSION                                            Statement of the Purpose of, and
                                                    including whether the proposed rule                                                                           Statutory Basis for, the Proposed Rule
                                                                                                            [Release No. 34–79931; File No. SR–CFE–
                                                    change is consistent with the Act.                      2017–001]                                             Change
                                                    Comments may be submitted by any of                                                                           1. Purpose
                                                    the following methods:                                  Self-Regulatory Organizations; CBOE
                                                                                                            Futures Exchange, LLC; Notice of                         CFE Rule 415 sets forth requirements
                                                    Electronic Comments                                     Filing of a Proposed Rule Change                      relating to Block Trades. The proposed
                                                      • Use the Commission’s Internet                       Regarding Block Trades                                rule change adds paragraph (l) to Rule
                                                    comment form (http://www.sec.gov/                                                                             415 which relates to the front running
                                                    rules/sro.shtml); or                                    February 2, 2017.
                                                                                                               Pursuant to Section 19(b)(7) of the                of Block Trades. Proposed Rule 415(l)
                                                      • Send an email to rule-comments@                                                                           makes clear that no person may engage
                                                    sec.gov. Please include File Number SR–                 Securities Exchange Act of 1934
                                                                                                            (‘‘Act’’),1 notice is hereby given that on            in the front running of a Block Trade
                                                    MIAX–2017–03 on the subject line.                                                                             when acting on material non-public
                                                                                                            January 19, 2017 CBOE Futures
                                                    Paper Comments                                          Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’)               information regarding an impending
                                                                                                            filed with the Securities and Exchange                transaction by another person, acting on
                                                       • Send paper comments in triplicate                                                                        non-public information obtained
                                                    to Secretary, Securities and Exchange                   Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                                                                            the proposed rule change described in                 through a confidential employee/
                                                    Commission, 100 F Street NE.,                                                                                 employer relationship, broker/customer
                                                    Washington, DC 20549–1090.                              Items I, II, and III below, which Items
                                                                                                            have been prepared by CFE. The                        relationship, or in breach of a pre-
                                                       All submissions should refer to File                                                                       existing duty. Proposed Rule 415(l)
                                                                                                            Commission is publishing this notice to
                                                    Number SR–MIAX–2017–03. This file                                                                             would apply to all products traded on
                                                                                                            solicit comments on the proposed rule
                                                    number should be included on the                                                                              CFE, including both non-security
                                                                                                            change from interested persons. CFE
                                                    subject line if email is used. To help the                                                                    futures and security futures.
                                                                                                            also has filed this proposed rule change
                                                    Commission process and review your
                                                                                                            with the Commodity Futures Trading                       The proposed rule change is being
                                                    comments more efficiently, please use
                                                                                                            Commission (‘‘CFTC’’). CFE filed a                    made in connection with other
                                                    only one method. The Commission will
                                                                                                            written certification with the CFTC                   proposed amendments to Rule 415
                                                    post all comments on the Commission’s
                                                                                                            under Section 5c(c) of the Commodity                  which are not included as part of this
                                                    Internet Web site (http://www.sec.gov/
                                                                                                            Exchange Act (‘‘CEA’’) 2 on January 19,               proposed rule change. Those proposed
                                                    rules/sro.shtml). Copies of the
                                                                                                            2017.                                                 amendments are to be included in new
                                                    submission, all subsequent
                                                                                                            I. Self-Regulatory Organization’s                     paragraph (k) of Rule 415.3 The
                                                    amendments, all written statements
                                                                                                            Description of the Proposed Rule                      provisions of proposed Rule 415(k) are
                                                    with respect to the proposed rule
                                                                                                            Change                                                intended to clarify certain restrictions
                                                    change that are filed with the
                                                                                                                                                                  relating to disclosure and use of non-
                                                    Commission, and all written                                The Exchange proposes to amend CFE                 public information regarding Block
                                                    communications relating to the                          Rule 415 related to Block Trades. The                 Trades and the extent to which
                                                    proposed rule change between the                        scope of this filing is limited solely to             counterparties to a Block Trade may
                                                    Commission and any person, other than                   the application of the proposed rule                  enter into pre-hedging or anticipatory
                                                    those that may be withheld from the                     amendments to security futures that                   hedging transactions in connection with
                                                    public in accordance with the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            may be traded on CFE. Although no                     Block Trades. Proposed Rule 415(k)
                                                    provisions of 5 U.S.C. 552, will be                     security futures are currently listed for             would only apply to non-security
                                                    available for Web site viewing and                      trading on CFE, CFE may list security                 futures, and the Exchange is including
                                                    printing in the Commission’s Public                     futures for trading in the future. The text           a sentence in proposed Rule 415(k) to
                                                    Reference Room, 100 F Street NE.,                       of the proposed rule change is attached
                                                    Washington, DC 20549, on official                                                                               3 Paragraph (k) will be filed simultaneously with
                                                    business days between the hours of                        35 17 CFR 200.30–3(a)(12).                          paragraph (l) with CFTC which is why the
                                                    10:00 a.m. and 3:00 p.m. Copies of such                   1 15 U.S.C. 78s(b)(7).
                                                                                                                                                                  provisions of paragraph (l) are marked as existing
                                                    filing will also be available for                         2 7 U.S.C. 7a–2(c).                                 rule text in Exhibit 4.



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                                                    9804                       Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices

                                                    make clear that its provisions do not                   III. Date of Effectiveness of the                       office of the Exchange. All comments
                                                    apply to security futures.                              Proposed Rule Change and Timing for                     received will be posted without change;
                                                      The Exchange is also re-lettering                     Commission Action                                       the Commission does not edit personal
                                                    certain paragraphs in Rule 415 to                         The proposed rule change will                         identifying information from
                                                    accommodate for the new provisions                      become operative on February 2, 2017.                   submissions. You should submit only
                                                    that are being added.                                   At any time within 60 days of the date                  information that you wish to make
                                                                                                            of effectiveness of the proposed rule                   available publicly. All submissions
                                                    2. Statutory Basis                                                                                              should refer to File Number SR–CFE–
                                                                                                            change, the Commission, after
                                                                                                            consultation with the CFTC, may                         2017–001, and should be submitted on
                                                      The Exchange believes that the                                                                                or before March 1, 2017.
                                                    proposed rule change is consistent with                 summarily abrogate the proposed rule
                                                    Section 6(b) of the Act,4 in general, and               change and require that the proposed                      For the Commission, by the Division of
                                                                                                            rule change be refiled in accordance                    Trading and Markets, pursuant to delegated
                                                    furthers the objectives of Sections                                                                             authority.9
                                                    6(b)(5) 5 and 6(b)(7) 6 in particular in                with the provisions of Section 19(b)(1)
                                                                                                            of the Act.8                                            Robert W. Errett,
                                                    that it is designed:
                                                                                                                                                                    Deputy Secretary.
                                                      • To prevent fraudulent and                           IV. Solicitation of Comments
                                                                                                                                                                    [FR Doc. 2017–02536 Filed 2–7–17; 8:45 am]
                                                    manipulative acts and practices,                          Interested persons are invited to                     BILLING CODE 8011–01–P
                                                      • to promote just and equitable                       submit written data, views, and
                                                    principles of trade, and                                arguments concerning the foregoing,
                                                      • to remove impediments to and                        including whether the proposed rule                     SECURITIES AND EXCHANGE
                                                    perfect the mechanism of a free and                     change is consistent with the Act.                      COMMISSION
                                                    open market and a national market                       Comments may be submitted by any of
                                                                                                            the following methods:                                  [Release No. 34–79942; File No. SR–
                                                    system, and in general, to protect                                                                              BatsEDGX–2017–11]
                                                    investors and the public interest.                      Electronic Comments
                                                      The Exchange believes that the                          • Use the Commission’s Internet                       Self-Regulatory Organizations; Bats
                                                    proposed rule change would provide                      comment form (http://www.sec.gov/                       EDGX Exchange, Inc.; Notice of Filing
                                                    additional guidance to CFE market                       rules/sro.shtml); or                                    and Immediate Effectiveness of a
                                                    participants related to the front running                 • Send an email to rule-comments@                     Proposed Rule Change Related to
                                                    of Block Trades. The proposed rule                      sec.gov. Please include File Number SR–                 Functionality Offered by the
                                                    change would also contribute to                         CFE–2017–001 on the subject line.                       Exchange’s Options Platform To Adopt
                                                    enhanced protection of CFE’s market                                                                             Qualified Contingent Cross Orders
                                                    and market participants.                                Paper Comments
                                                                                                                                                                    February 2, 2017.
                                                                                                               • Send paper comments in triplicate
                                                    B. Self-Regulatory Organization’s                                                                                  Pursuant to Section 19(b)(1) of the
                                                                                                            to Secretary, Securities and Exchange
                                                    Statement on Burden on Competition                                                                              Securities Exchange Act of 1934 (the
                                                                                                            Commission, 100 F Street NE.,
                                                                                                                                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                      CFE does not believe that the                         Washington, DC 20549–1090.
                                                                                                                                                                    notice is hereby given that on February
                                                    proposed rule change will impose any                    All submissions should refer to File                    1, 2017, Bats EDGX Exchange, Inc. (the
                                                    burden on competition not necessary or                  Number SR–CFE–2017–001. This file                       ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                    appropriate in furtherance of the                       number should be included on the                        Securities and Exchange Commission
                                                    purposes of the Act, in that the                        subject line if email is used. To help the              (the ‘‘Commission’’) the proposed rule
                                                    proposed rule change is consistent with                 Commission process and review your                      change as described in Items I, II, and
                                                    similar guidance provided by other                      comments more efficiently, please use                   III below, which Items have been
                                                    designated contracts markets.7 The                      only one method. The Commission will                    prepared by the Exchange. The
                                                    Exchange believes that the proposed                     post all comments on the Commission’s                   Exchange has designated this proposal
                                                    rule change is equitable and not unfairly               Internet Web site (http://www.sec.gov/                  as a ‘‘non-controversial’’ proposed rule
                                                    discriminatory in that the rule                         rules/sro.shtml). Copies of the                         change pursuant to Section 19(b)(3)(A)
                                                    amendments included in the proposed                     submission, all subsequent                              of the Act 3 and Rule 19b–4(f)(6)(iii)
                                                    rule change would apply equally to all                  amendments, all written statements                      thereunder,4 which renders it effective
                                                    market participants.                                    with respect to the proposed rule                       upon filing with the Commission. The
                                                                                                            change that are filed with the                          Commission is publishing this notice to
                                                    C. Self-Regulatory Organization’s                       Commission, and all written
                                                    Statement on Comments on the                                                                                    solicit comments on the proposed rule
                                                                                                            communications relating to the                          change from interested persons.
                                                    Proposed Rule Change Received From                      proposed rule change between the
                                                    Members, Participants, or Others                        Commission and any person, other than                   I. Self-Regulatory Organization’s
                                                                                                            those that may be withheld from the                     Statement of the Terms of the Substance
                                                      No written comments were solicited
                                                                                                            public in accordance with the                           of the Proposed Rule Change
                                                    or received with respect to the proposed
                                                    rule change.                                            provisions of 5 U.S.C. 552, will be                       The Exchange filed a proposal related
                                                                                                            available for Web site viewing and                      to functionality offered by the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      4 15 U.S.C. 78f(b).
                                                                                                            printing in the Commission’s Public                     Exchange’s options platform (‘‘EDGX
                                                      5 15 U.S.C. 78f(b)(5).                                Reference Room, 100 F Street NE.,                       Options’’) to adopt Qualified Contingent
                                                      6 15 U.S.C. 78f(b)(7).                                Washington, DC 20549, on official                       Cross Orders, as described below.
                                                      7 These designated contract markets are Chicago       business days between the hours of
                                                    Mercantile Exchange, Inc. (‘‘CME’’), The Board of       10:00 a.m. and 3:00 p.m. Copies of such                   9 17 CFR 200.30–3(a)(73).
                                                    Trade of the City of Chicago, Inc., New York            filing also will be available for                         1 15
                                                    Mercantile Exchange, Inc., New York Mercantile                                                                         U.S.C. 78s(b)(1).
                                                    Exchange, Inc., and Commodity Exchange, Inc. See,       inspection and copying at the principal                   2 17 CFR 240.19b–4.
                                                                                                                                                                      3 15 U.S.C. 78s(b)(3)(A).
                                                    CME Submission No. 16–470 (November 15, 2016),
                                                    which is available on the CFTC’s Web site.                8 15   U.S.C. 78s(b)(1).                                4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2017-02-08 02:59:12
Document Modified: 2017-02-08 02:59:12
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 9803 

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